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Show PVp0)sedl Clianges in (Utah's CriMiii State of Utah OFFICE OF THE SECRETARY OF STATE Salt Lake City September 7, 1972 Dear Fellow Citizens : The Legislature of the State of Utah has entrusted me ivith the responsibility for publishing pub-lishing the following Propositions ', which relate re-late to changes in the Constitution of the State of Utah. In the beginning of the body of each Proposition Propo-sition tvehave set forth the Ballot Title of the Proposition as it -will appear on the General Election Ballot onNovember 7, 197 2. Because of the very serious nature of these Propositions Proposi-tions which your State Legislature has caused to beplaced before you, I urge that each of you study the text of the Propositions in full. : I urge you to consult with your friends, neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision. ' J CLYDE L. MILLER Secretary of State , Sec. 7. No member of the" Legislature, during the term for which he was elected, shall be appointed or elected to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected. Sec. 8. Members of the Legislature, in all cases except ex-cept treason, felony or breach of the peace, shall be privileged priv-ileged from arrest during each session of the Legislature, Legis-lature, for fifteen days next preceding each session, and in returning therefrom; and for words used in any speech or debate in either house, they shall not be questioned in any other place. Sec. 9. The members of the Legislature shall receive compensation of $25 per diem while actually in session, ses-sion, expenses of $15 per diem while actually in session, ses-sion, and mileage as provided pro-vided by law. Sec. 10. Each house shall be the judge of the election and qualifications of its members, mem-bers, and may punish them for disorderly conduct, and with the concurrence of two-thirds two-thirds of all members elected, expel a member for cause. Sep. 11. A mainritv nf the "other State and Judicial officers, offi-cers, except justices of the peace, shall be liable to impeachment im-peachment for high crimes, misdemeanors, or malfeasance malfea-sance in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit in the State. The party, whether convicted or acquitted, shall nevertheless, be liable to prosecution, trial and punishment according to law. Sec. 20. No person shall be tried on impeachment, unless he shall have been served with a copy of the articles thereof, at least ten days before the trial, and after such service he shall not exercise the duties of his office until he shall have been acquitted. Sec. 21. All officers not liable to impeachment shall be removed for any of the offenses specified in this article, in such manner as may be provided by law. Sec. 22. Every bill shall be read by title three separate sep-arate times in each house except in cases where . two-thirds two-thirds of the 'house where such bill is pending suspend this requirement. Except general appropriation bills and bills for the codification graph or other private individual indi-vidual or corporate enterprise enter-prise or -undertaking. Sec. 30. Notwithstanding any general or special provisions pro-visions of the Constitution, the Legislature in order to insure continuity of state and local government operations in periods of emergency resulting re-sulting from disaster caused by enemy attack shall have the power and immediate duty (1) to provide for prompt and temporary succession suc-cession to the powers and duties of public offices of whatever nature and whether filled by election or appointment, appoint-ment, the incumbents of which may become unavailable unavail-able for carrying on the powers and duties of such offices, and (2) to adopt such measures as may be necessary neces-sary and proper for insuring the continuity of governmental govern-mental operations including, but not limited to, the financing financ-ing thereof; but subsections 1 and 2 of this section shall not permit the public officers so appointed to act or the measures so adoDted to be in contravention of the Constitution Consti-tution and applicable law. Sec. 31. For attendance at meetings of interim committees com-mittees established by law to function between legislative sessions, members of the Leg- ia " i li u: eties, except for, capital offenses of-fenses when the proof is evident evi-dent or the presumption strong or where a person is accused of the commission of a felony while on probation or parole, or while free on bail awaiting trial on a previous pre-vious felony charge, and where the proof is evident or the presumption strong. Section 2. The Secretary of State is directed to submit this proposed amendment to the electors of the State of Utah at the next general election elec-tion in the manner provided by law. Section 3. If adopted by the electors of this state, this amendment shall take effect on January 1, 1973. PROPOSITION NO. 3 CITY SCHOOL SYSTEMS SHALL SECTION 6 OF ARTICLE X OF THE STATE CONSTITUTION BE REPEALED, REMOVING RE-MOVING THE MANDATORY MANDA-TORY REQUIREMENT THAT CITIES OF THE FIRST AND SECOND CLASS HAVE THEIR OWN SCHOOL DISTRICT. DIS-TRICT. Be it resolved by the Legislature Leg-islature of the State of Utah, two-thirds of all members elected to each of the two houses voting in favor there- PROPOSITION NO. 1 LEGISLATIVE ARTICLE REVISION SHALL ARTICLE VI OF THE STATE CONSTITUTION CONSTI-TUTION BE REVISED TO MAKE CHANGES IN THE PROCEDURE AND MANNER; OF OPERATION OP-ERATION OF" THE STATE " LEGISLATURE AND THE LEGISLATIVE LEGISLA-TIVE BRANCH OF STATE GOVERNMENT, INCLUDING THE LAWMAKING LAW-MAKING RULES AND PROCEDURE. (THE PRESENT LAW AND THE PROPOSED REVISIONS REVI-SIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be it resolved by the Leg, islature of the State of tjlah-two-thirds ' of all .members elected to each of the two houses voting in favor there- -,v - : - Section I It is proposed to amend Article VI of the Constitution of the State of Utah to read: Sec. 1. . The Legislative power of the State shall be vested: ;j 1. In a Senate and House of Representatives which shall be designated the Legislature Leg-islature of the State of Utah. 2. In th6 people of the State of Utah, as hereinafter stated: ' v sion to be submitted to the voters thereof before such law or ordinance shall 'take effect..- ; ' ' . Sec. 2. Sessions of the Legislature shall be held annually an-nually at the seat of government govern-ment and shall begin oti, the second Monday in January. A general session shall be held during odd numbered years, and a budget session shaJl be -held, during even-numbered even-numbered years; - Legislation not; directly related to the state budget may be considered con-sidered by the Legislature during budget sessions only if permitted by a joint resolution reso-lution passed by two-thirds of the members .elected .to each house. 4 f -: ; i Sec. 3. The. members .of Hhe j House of Representatives, Representa-tives, after the first election, shall be chosen by the qualified qual-ified voters ..of the respective representative districts, on the first - Tuesday after the first Monday . in November, 1896, and bi-ennially thereafter. there-after. Their term1 of, office shall be two years, from the first day of January next after their election. Sec. 4. The senators shall be chosen by. the qualified voters of the respective senatorial sen-atorial districts, at the same times and places as members of the House of Representatives, Representa-tives, and their term of office shall be four years from the members of each house shall constitute a quorum to transact tran-sact business, but a smaller number may ." adjourn from day to day, and may compel the attendance -. of absent' members in such manner and j; under such penalties as each, house may prescribe. ; Sec. .12.- Each house shall determine the "rules., of . its proceedings and choose its ; own officers and" employees.' 1 Sec. .' 13. .Vacancies-' that-may that-may occur in :either house1 of; the legislature-shall be- filled in such manner as may be provided by law. Sec. 14V : Each; :hou'se:,sriall (keep a journal '.of: its pro ceedingSrwhicrv;- except in case ''executive sessions, , shall bS'vibhshed, and the i "yeas and nays on any question, ques-tion, at theSrequeS.t . of , five ' members of Such house, shall' be entered upon the journals Sec. 15. :.Aff sessions of the. Legislature,: except- those of the Senate1 while sitting in executive session, shall bo public; - and neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which it may be holding session. Sec. 16. No general . session ses-sion of the Legislature shall exceed sixty calendar days, except in cases of impeachment. impeach-ment. No budget session and general revision ot laws, no bill shall be passed containing con-taining more than one sub- , ject, which- shall be clearly expressed in its title. The vote upon the: final passage of all bills shall be by yeas and nays entered upon the respective journals of the house in which the vote occurs. oc-curs. No bill or joint resolution reso-lution shall be passed except with the assent of the majority- or -all the members - elected to each "house of the Legislature. . 1 " '; ' 1 Sec. 23: ' Notwithstanding any provision of this Constitution, Consti-tution, the Legislature, in any law imposing income taxes, may define the amount on, in respect tp.'pry -which the taxes are imposed or measured, by reference . to any provision of the laws, of ,-the. United States as the same may be or become effective.-at' any time or from .time to time and may prescribe pre-scribe exemptions or modi- ' fications to any such provision. pro-vision. . , ... , i ... Sec. 24. The presiding officer offi-cer of: each, house, not later ' than five days following adjournment, ad-journment, shall sign all bills and joint resolutions passed by the Legislature, certifying to their accuracy and authenticity auth-enticity as enacted by the Legislature. Sec. 25. All acts shall be officially published, and no act shall take., effect "until civtv Hauc nftcir tVio prlinnrn- isiaiurt: snau receive auui-tional auui-tional per diem compensation compensa-tion and mileage at a rate not to exceed that provided in this Constitution for' regular reg-ular legislative sessions. Sec. '32. The Legislature may appoint temporary or permanent nonmember employees em-ployees ior work during and between? ; sessions, including independent legal counsel which shall provide and control con-trol all! legal services for the Legislature except as - the Legislature by law shall 'authorize 'au-thorize performance thereof by the Jattorney general.. ... , Sec. 3S. The? Legislature shall appoint a legislative au-' ditorto serve' at its pleasure.' The legislative auditor shall have authority to conduct .audits "pf any funds, functions,9 func-tions,9 aijd accounts in any branch, idepartiqentr. agency or political f subdivision of this state and shall perform such other related duties as may be,1; prescribed by the. Legislature. .He, shall report to and be answerable only to" the Legislature. "' ;.': -. Section 2. S.J.R. No. 11 passed at the General .Ses- , sion of .;the 39th Legislature on March 11;: 1971, is hereby repealed, : and withdrawn in its entirety from the next general election, and the secretary sec-retary oftstate in lieu of it is directed-' to submit this proposed pro-posed amendment to the electors' of the State of Utah at the next general election o;: Section 1. It is proposed to repeal Section 6 of Article X of the Constitution of the State of Utah. Section 2. The secretary of state is directed to submit this proposed repeal to the electors of the State of Utah at the next . general election .in the manner provided by law. Section 3. If adopted by the ,electors of this state, this repeal shall, take effect Jan-;.uarvl,.,X973,v, Jan-;.uarvl,.,X973,v, ..f) ,... . . PROPOSITION NO. 4 .:'. : . PERMITTING ALTERNATIVE, FORMS OF COUNTY GOVERNMENT SHALL SECTION 4 OF ARTICLE XI OF THE STATE CONSTITUTION ' BE AMENDED TO PERMIT; PER-MIT; THE LEGISLA- TURB- TO. PRESCRIBE ALTERNATIVE FORMS "OF COUNTY GOVERN-v GOVERN-v MENT PROM -WHICH "-. 'COUNTIES ' MAY SE-"-. . LKCT,- S U B JECT TO REFERENDUM, THE FORM - WHICH BEST '- SERVES" ; EACH - COUN-;' COUN-;' TY'S' NEEDS. ,.' Be if, resolved by the Legislature: Leg-islature: of the State -.of Utah; two-thirds r of -, all members elected to each' of I the two houses voting infavor thereof: there-of: ' v :. Section IV '- It? is TJronosed lhe legal; voters'. pr such fractional part' thereof, of the State of, Utah as may be provided by law, under such conditions arid in such manner man-ner and within such time as may be provided by law, may initiate any desired legislation leg-islation and cause the same to be submitted to a vote of the people for approval or rejection, or may require any law passed by the Legislature Legis-lature (except those laws passed by a two-thirds vote of the members elected to each house of the Legislature) Legisla-ture) to be submitted to the voters of the State before such law shall take effect. The legal voters or such fractional part thereof as may be provided by law, of any legal subdivision of the State, under such conditions and in such manner and within such time as may be provided by law, may initiate any desired legislation and cause the same to be submitted sub-mitted to a vote of the people of said legal subdivision for approval or rejection, or may require any law or ordinance passed by the law making body of said legal subdivi- after their election and as nearly one-half as may be practicable shall be elected in each biennium as the Legislature Leg-islature shall determine by law with each . apportion-' ment. Sec. 5. No person shall be eligible to the office of senator sen-ator or representative who as of the last date provided by law for filing for the office is not a citizen of the United States, twenty-five years of age, a qualified voter in the district from which he is chosen, a resident for three years of the State, and for six months of the district from which he is elected. Sec. 6. No person holding any public office of profit or trust under authority of the United States, or of this State, shall be a member of the Legislature: Provided, That appointments in the State Militia, and the offices of notary public, justice of the peace, United States commissioner, and postmaster postmas-ter of the fourth class, shall not, within the meaning of this section, be considered offices of profit or trust. days, except in cases of impeachment. im-peachment. No special session ses-sion shall exceed thirty calendar cal-endar days, except in cases ... of impeachment. When any session of the Legislature trying cases of impeachment exceeds the number of calendar cal-endar days it may remain in session as provided in this section, the members shall receive for compensation only the usual per diem expenses ex-penses and mileage. Sec. 17. The House of Representatives shall have the sole power of impeachment, impeach-ment, but in order to impeach, im-peach, two-thirds of all the members elected must vote therefor. Sec. 18. All impeachment3 shall be tried by the Senate, and Senators, when sitting for that purpose, shall take oath or make affirmation to do justice according to the law and the evidence. Wh?n the Governor is on trial, the Chief Justice of the Supreme Court shall preside. No person per-son shall be convicted without with-out the concurrent of two-thirds two-thirds of the senators elected. Sec. 19. The Governor and ment. of the session at which it passed, unless the Legislature Legis-lature by a vote of two-thirds of all the members elected to each house, shall otherwise direct. Sec. 26. No private or special spe-cial law shall be enacted where a general law can be applicable. Sec. 27. The Legislature shall not authorize any game of chance, lottery or gift enterprise en-terprise under any pretense or for any purpose. Sec. 28. The Legislature shall not delegate to any special spe-cial commission, private corporation cor-poration or association, any power to make, supervise or interfere with any municipal improvement, money, property prop-erty or effects, whether held in trust or otherwise, to levy taxes, to select a capitol site, or to perform any municipal functions. Sec. 29. The Legislatura shall not authorize the State, or any county, city, town, township, district or other political subdivision of the State to lend its credit or subscribe to stock or bond i in aid of any railroad, tele- . in the manner provided by law. PROPOSITION NO. 2 RESTRICTING BAIL IN CERTAIN FELONY CASES. ' SHALL SECTION 8 OF ARTICLE I OF- THE STATE CONSTITUTION BE AMENDED TO PROVIDE PRO-VIDE THAT PERSONS SHALL NOT BE BAIL- ABLE WHEN ACCUSED OF A FELONY WHILE ON PROBATION OR PAROLE, OR WHILE FREE ON BAIL AWAIT-ING AWAIT-ING TRIAL ON A PREVIOUS FELONY CHARGE, WHERE THE PROOF IS EVIDENT OR THE PRESUMPTION STRONG. Be it resolved by the Legislature Leg-islature of the State of Utah, two-thirds of all members elected to each of the two houses voting in favor there- l- Section 1. It is proposed to amend Article I, Section 8 of the Constitution of the State of Utah to read: Sec. 8. All prisoners shall be bailable hy sufficient 8ur- to amend Article "XI, Section Sec-tion 4 of the Constitution of the State of Utah to read: Sec. 4. The Legislators shall by general law prescribe pre-scribe optional forms of county government and shall allow each county to select, subject to referendum in the manner provided by law, the prescribed optional form which best serves its needs, and by general laws shall provide for precinct and township organizations. Section 2. The secretary of state is directed to submit this proposed amendment to the electors of the State of Utah at the next general election in the manner provided pro-vided by law. Section 3. If adopted by the electors of this state, this amendment shall take effect on January 1, 1973. yx CLYDE L. MILLER ( Secretary XSJ' State |