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Show IPFpOodl Stete ClnlSil,0toi3,Dlnl(2lI AlnnlIn)dlpirilpte COMPOSITION OF THE BOARD OF JTJjJJ5S T5f PES OF CLAIMS IT MAY CONSIDER; AMENDING SECTION 16, DELETING THE DUTIES OF THE SECRETARY OF STATE AND PROVIDING THE DUTIES OF THE LIEUTENANT GOVERNOR; AMENDING SECTION 17, PROVIDING FOR DUTIES OF THE STATE AUDITOR; AMENDING SECTION 18, MODIFYING THE DUTIES OF THE ATTORNEY GENERAL; AMENDING SECTION 20, INSERTING T GOVERNOR FOR SECRETARY OF STATE AND MODIFYING PAYMENT PROVISIONS FOR COMPENSATION AND TRAVEL ; - EXPENSES OF -STATE OFFICERS; AMENDING SECTION 23, REMOVING CERTAIN RESTRICTIONS ON THE GOVERNOR TO J RUN FOR UNITED STATES SENATE; AMENDING SECTIONS 10, - 12, 21, AND 22, DELETING THE SECRETARY OF STATE; DELETING SECTIONS 14, 15, AND 24; NUMBERING OR - RENUMBERING VARIOUS SECTIONS, MODERNIZING - CERTAIN MISCELLANEOUS LANGUAGE, AND REMOVING MASCULINE REFERENCES; AND PROVIDING AN EFFECTIVE DATE. . 4 . STATE OF UTAH : v - ) r 88. County cf Salt Lake). : I, DAVID S. MONSON, Lieutenant GovernorSecretary of State of the State of Utah, In accordance with Section 29-1-18, U.C.A., 1953, as amended,' do hereby cause to be published the existing and amended language of Articles VII and XIII, Section 3 of Article XVI, and Section 9 of Article VI, and also the language of the proposed Initiative Petitions, Elimination of State Sales Tax on Food and Tax Limitation Act. ' INSTRUCTIONS FOR READING THE TEXT OF THE PROPOSITIONS NOTE : In reviewing the text of the propositions the following rules apply : ' (1) Underlined words and numbers represent new language added to the constitution or current language k t .; moved from another section in the constitution. ; , Example: Sec. 5. The executive power of the . , . State shaTTbe vested in the Governor, : ' " . who shall see that the laws are . , ' lallEfully executed : (2) Bracketed and lined-through words or numbers represent current language being deleted from the constitution or current language which is being moved to another section in the constitution. Example: Sec. -30-1 18. The Governor, Secretary of State Lieutenant ' . Governor. State Auditor, State Treasurer, Attorney General and such other State and District of ficers - . as RMy-b provided for by law ... (3) All other language is the current language in the constitution which is retained without change. This will appear on the ballot summarized as follows : PROPOSITION NO. 1 EXECUTIVE ARTICLE REVISION Shall Article VII of the State Constitution be revised to provide that candidates for governor and lieutenant governor of each party .mn for office together; to allow the governor to delegate executive responsibilities to the lieutenant governor; to permit the legislature to act on bills vetoed by the governor after adjournment; to place the auditor .as a member of the Board of Examiners with the governor and attorney general; to allow the legislature to establish by law the duties of the Board of Examiners ; to allow the state auditor and state treasurer to run for reelection to their respective offices; to establish a procedure to determine gubernatorial disability and succession to the office of governor; to allow the governor to retain executive authority when traveling outside the state; and to make other changes ia the executive article, v . .ii:iFORO;'-, - rAGAINSTD Be it resolved by the Legislature of the State of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Article VII of the Constitution of the State of Utah to read: ' ' v Sec. 1. The elective constitutional officers of the Executive Department ; shall consist of Governor, f Secretary of State! Lieutenant Governor. State Auditor, State Treasurer, and Attorney General, each of whom shall hold hisl office for four years, beginning on the first Monday of January next after his election ,-exeepUhat-thc terms of office of those elected at the first election ahall begin when the State shall be admitted into the Union, . and shall end on the first Monday in January, A.D. 19013. The officersof the .. Executive Department, during their terms of office, shall reside aHhe scat of government, where they within the State and shall keep the public -records, books and papers as provided by law. They shall perform such duties as are prescribed by this Constitution and as may bo preocribed provided by law. : : ' : . ; - : ' : Sec. 2. The officers provided . for in section one of this article shall be elected by the qualified eleetors Yoiejsof the State at the time and place . of voting for members of the Legislature, and the persons respectively -' having the highest number of votes cast for the office, voted for shall be elected; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature, at its next regular session, shall elect forthwith by joint ballot one of such persons for said office. ,; -V In the election, the names of the candidates for Governor and Lieutenant , Governor for each political party shall appear together on the ballot and r the votes cast for a candidate for Governor shall be considered as also cast' ? for the candidate for Lieutenant Governor. : : , T!. Sec. 3. No-perecn-chati la be eligible 4e-l for the office of Governor or , Secretary of State Lieutenant Governor fialesa-hel a person shall have attained 4e the age oilhirty years at the time of fete electioni-rrF4o To be eligible for the office of Attorney General imless-he a person shall. at the time of election, have attained the age of twenty-five years, j& tat - the4imefhi3-eleeticnresdhave4een admitted to practice bejbrthe Supreme Court ci the Tcrritcry-erof the State of Utahf rCsr-urJccss . ehafrbel end be in good standing at the bar raUhe4toe-ef4iielgticnl. No person shall be eligible to any of the offices provided for in section one of this artide:uideM-ate" time of fteleioariieiattfeel tfet person te a . qualified teleetef; 1 voter and siiall have been a resident citizen of the State (ef-Territery-1 for five years next preceding to election. The-stete Auditor and State Treasurer shall be ineligible to election ca theip-ewn sucecssorsr - COMPLETE TEXT OF ' REVISION OF EXECUTIVE ARTICLE 1979 GENERAL SESSION A JOINT RESOLUTION PROPOSING TO AMEND ARTICLE VII OF THE CONSTITUTION OF THE STATE OF UTAH; RELATING TO THE EXECUTIVE DEPARTMENT; AMENDING SECTION 1, PROVIDING FOR A LIEUTENANT GOVERNOR AND DELETING ... THE OFFICE OF SECRETARY OF STATE AS AN ELECTED CONSTITUTIONAL OFFICER AND PROVIDING FOR RESIDENCE OF OFFICERS OF EXECUTIVE DEPARTMENT AND LOCATION OF PUBLIC RECORDS ; AMENDING SECTION 2, PROVIDING FOR ELECTION OF STATE OFFICERS BY VOTERS RATHER THAN ELECTORS AND PROVIDING THAT THE CANDIDATES FOR GOVERNOR AND LIEUTENANT GOVERNOR FROM THE SAME POLITICAL PARTY BE ELECTED JOINTLY; AMENDING SECTION 3, INSERTING LIEUTENANT GOVERNOR FOR SECRETARY OF STATE, PROVIDING FOR QUALIFICATIONS OF GOVERNOR, LIEUTENANT GOVERNOR, AND ATTORNEY GENERAL, AND REMOVING RESTRICTIONS AGAINST THE STATE AUDITOR OR STATE TREASURER BEING ELIGIBLE TO. SUCCEED THEMSELVES; AMENDING SECTION 5, PROVIDING THAT THE f EXECUTIVE POWER OF THE STATE SHALL BE VESTED IN THE GOVERNOR; AMENDING SECTION 8, REWORDING THE LANGUAGE USED TO ESTABLISH THE GOVERNOR'S VETO PROCEDURE AND INCREASING THE TIME ALLOWED THE GOVERNOR TO VETO BILLS AND PROVIDING FOR THE LEGISLATURE TO CALL ITSELF BACK IN SESSION AFTER ADJOURNMENT TO CONSIDER VETOED BILLS; AMENDING SECTION 11, REWORDING THE LANGUAGE USED TO . ESTABLISH SUCCESSION TO THE OFFICE OF GOVERNOR IN THE EYENT.OF THE DEATH, IMPEACHMENT, RESIGNATION, ; REMOVAL, OR DISABILITY OF THE GOVERNOR AND ESTABLISHING PROCEDURES CONCERNING SUCH DISABILITY; AMENDING SECTION 13, DELETING THE BOARD OF STATE PRISON COMMISSIONERS AND CHANGING THE Sec. 4. The Governor shall be Commander-in-Chief of the military forces of the Stateexcept when they shall be called in to the service of the United States. fie The Governor shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. . Sec. 5. The executive power of the State shall be vested in the Governor.. who shall see that the laws are faithfully executed , -ha . The Governor shall transact all executive business with the officers of the government, civil and military, and may require information in writing" from the -officers of the Executive Department, and from the officers and managers . of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the Legislative Assembly Legislature Is not in session, may, if he deem it deemed necessary, appoint a committee to investigate and report to him 1 the Governor upon the condition of any executive Office or State Institution. e-l The Governor shall communicate bv message the condition of the State to the Legislature at every regular sesson, and recommend such measures as he may deem be deemed expedient. Sec. 6. Oh extraordinary occasions, the (Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business except that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in-session. in-session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the Senate in extraordinary session for the transaction of executive business. Sec. 7. In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he the Governor may think proper Provided-, if it fee is not beyond the time fixed for the convening of the next LegislatureT" " Sec. 8. Every bill passed by the Legislature, before it becomes a law shall be presented to the Governor; if lie-approve! approved, the Governor (he! shall sign it, and thereupon it shall become a law; but If rhe de-ofe-ppFeve disapproved, lie the bill shaU return it with he be returned wltfr the Governor's objections to the house in which It originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If -after sueh upon reconsideration -ttlttbiJTagain passes both houses by a yea and nay vote of two-thirds of the members elected to - each house, it shall ' become a law notwlthstending-tho Governor's objections. It any bill be not returned wHhm-five-dnys after it shall have been presented to him, (Sunday and the day on which he received it excepted,) the same shall bq a law in like manner as if he had signed it, unless the Legislature by its ' final adjournment prevent such return, in which case it 3hall be filed with his objections in the office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law. If any bill presented to the Governor contains several items of appropriations of money, he may object to one or more such items, while approving other portions of the bill, in such case he shall append to the bill at the time of signing u a statement of the item or items which he declines to approve, together with his reasons therefore, and 3uch item or items shall not take effect unless passed over the Governor's objection as in this section provided. If any bill is not returned by the Governor within ten days after it has been presented to the -Governor. Sunday and the day it was received excepted, it shall become a law without a signature; but if legislative adjournment prevents return of the bill, it shall become a law unless the Governor within twenty days after adjournment files the objections thereto with such officers as provided by law The Governor may disapprove any item of appropriation contained in any bill whUe approving other portions of the bill; and in such case the Governor shall append to the bill at the time of signing it a statement for , theitem or items which are disapproved together with the reason's therefore, and such item or items shall not take effect unless passed over the Governor's objections as provided in this section. If the Governor disapproves any bUl or item of appropriation after the adjournment sine die of any session of thfe Legislature; me presiding officer of each house shall poll the ; members of that house on Ihe matter of reconvening the -l egislature. If two-thirds of the members of each house are in favor of reconvening, the Legislature shall be convened in a session not to exceed five calendar days and at a time set jointly by the presiding officer of each house, solely for me- purpose of reconsidering the bill or item of-appropriation of-appropriation disapproved. If upon reconsideration, the bill or item of " ! appropriation again passes Doth nouses ot tne Legislature oy a yea and nay ;. vote of twfrmfrds of the members elected to each house, the bill shall becomelawor the item of appropriation shall take effect. &ec. 9. When any State or district office shall become vacant, and no models provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill the same by granting a Commission, - ' which shall expire at the next election, and upon qualification of the person elected to such office. " Sec. 10." The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices are established by this i Constitution,, or which may be created by law, and whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy eeeup occurs in any State or district office, the Governor shall appoint some qualified person to discharge the duties -thereof until the next meeting of the Senate, when he the Governor shall , nominate -some person to fill such office. If the office of Secretary of State Lieutenant Governor. State Auditor, State Treasurer or Attorney General be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, from the game t political arty of the removed person; and the appointee shall hold his office untij U& a. successor shall be elected and qualified, as may be by law provided by law. Sec. 11. In case of the death of the Governor, or his impeaehmenty removai-f rem office, inability to discharge the duties of his office , resignation, or abscn3c from the State, the powers and duties of said office uniiBhe next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Secretary of State Fesignrdio or become incapable of performing the duties of the office, or be displaced, or be absent from the State, the President pro tempore of the Senate-shall act as Governor until the vacancy be filled or the disability eeaser-Whllc pcrforming-thc duties of the Governor as in this section providedrtho Secretary of State, or the President pro tempore of the Senaterfls-thc-caso may be, except in cases of temporary disability, or absense from the State, shall be entitled to the salary and emoluments of the Governor In case of the death of the- Governor, impeachment, removal from office, resignation, or disability to discharge ttw duties of the office, or in case of a Governor-elect who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the disability ceases or until tne next general election, when the vacancy shall be filled by elections. If. during a vacancy in the officeof Governor, the Lieutenant Governor resigns, dies, is removed, or becomes incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or disability ceases. If in - this case the President of the Senate resigns, dies, is removed, or becomes inpflnahip nf performing the duties of the of f ice, the Speaker of the House shalfact as Governor until the vacancy is filled or disability ceases. While performing the duties of the Governor as provided mthis section, the riPiifpnanr;nvemQrT the President of the Senate, or the Speaker of the House, as the case may be. shall be entitled to the salary and emoluments of the Governor, except in cases of temporary disability. : u ' The disability nf h Governor or person acting as Governor shall be HeliFmined bv either a written decision transmitted to the Supreme Court by the Governor stating an inability to discharge the powers and ... duties of the office or py a majority 01 tne supreme uourt on joint request of the President of the Senate "and the i Speaker of the House of Representatives. Such determination shall be final and conclusive. Thereafter, when the Governor transmits to the Supreme Court a written declaration that no disability exists, the Governor shall resume the powers and duties of the office unless the Supreme Court, upon joint request of the President of the Senate and the Speaker of the House of Representatives, or upon its own initiative. determines -that the Governor is unable to discharge the powers and duties of the office. The Lieutenant Governor shall men continue to discharge these powers and duties as acting Governor. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section! TT ! ' Sec. 12. Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions, fr-and with such limitations and restrictions as they deem-prepe as may be established by the Legislature, may remit fines and forfeitures, commute punishments, and grant pardons after convictions, in all 'cases except treason and impeachments, subject to such regulations as may be provided by law, relative to the manner of applying for pardons; but no fine or forfeiture shall be remitted, and no commutation or pardon granted, except after a full hearing before the Board, in open session, after previous notice of the time and place of such hearing has been given. The proceedings and decisions of the Board, with the reasons therefore in each case, together with the dissent of any member who may disagree, shall be reduced to writing, and filed with all papers used upon the hearing, in the office of t the Secretary of State such officer as provided by law. The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the State, except treason or conviction on impeachment; but such respites or reprieves shall not extend beyond the next session of the Board of Pardons ; and such Board, at such session, shall continue or determine such respite or reprieve, or they may commute the punishment, or pardon the offerise as herein provided. In case of conviction for treason, the Governor shall have the power to suspend execution of the sentence,'; until the case shall be reported to the Legislature at its next regular session, when the Legislature shall either pardon, or commute the sentence, or direct its execution; 1 -he- and the Governor shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, repreive, commutation or pardon granted since the last previous report, stating the name of the convict, the crime for which toe-was 1 convicted, the sentence and its date, the date of remission, commutation, pardon or reprieve, with the reasons for granting the same, and the objections, if any, of any member of the Board made thereto. Sec. 13. Until; otherwise provided by law, the Governorsecretary of , State and Attorney General shall constitute a Board of State Pri3on Commissioners, which Board shall have such supervision of all matters connected with the. State Prison as may bo provided by law. They 3hall, ateey Until otherwise provided by law, the Governor Attorney General, and State Auditor shall constitute a Board of Examiners, with power to examine all such claims against the State as provided by law except salaries or compensation of officers fixed by law-1 and perform such other duties as may be prescribed provided by law ; and no such claim against the State , except for salaries and compensation of officers fixed by-tew;l shall be passed upon by the Legislature without having been considered and acted upon by thel-said Board of Examiners. - ' ' See. 14. Until otherwise provided by law, the Governor; state Treasurer and State Auditor shall constitute a Board of ' Ihsane Asylum Commissioners. Said Board shall have such supervision of all matters connected with the State Insane Asylum as may bp provided by law. J Sec. 16. Until otherwise provided by low, the Governor, Attorney General and Superintendent of Public Instruction shall constitute a Board of Reform School Commissioners. Said Board shall have such supervision of all matters connected with the State Reform School as may be provided bylaw. Sec. (161 14 The Secretary of State 6hall keep a record of the official acts of the Legislature and Executive Departments of the State, and, when requiredshall lay the same and all matters relative thereto before cither branch of the Legislature, and shall perform such other duties as may be provided by law, The Lieutenant Governor shall serve on all boards and commissions in lieu of me Governor whenever so designated by the Governor, shall perform such duties as may be delegated by the Governor, and shall perform such other duties as may be provided by law. Sec Wl 15. The State Auditor shall be Auditor perform financial post audits of Public Accounts, except as otherwise provided by this Constitution, and the State Treasurer shall be the custodian of public moneys -? ; ' and each shall perform such other duties as -may bo provided by law. Sec. tiftUfi. The Attorney General shall be the legal adviser of the State officers, except as otherwise provided by this Constitution, and shall perform such other duties as may-be provided by law. Sec. -&117. The Superintendent of Public Instruction shall perform such duties as -may-be provided by law. Sec. 1 lg. The Governor, Secretary of State Lieutenant Governor. State Auditor, State Treasurer, Attorney General and such other State and district officers as may-be provided for by law; shall receive for their services monthly; a compensation as fixed by law. . The compensation for said officers as provided in all laws enacted pursuant to this Constitution, shall be in full for all services rendered by said of ficers, respectively, in any official capacity or employment during their respective terms of office. No such officer shall receive for the performance of any official duty any fee for his own personal use, but all fees fixed by law for the performance by either of them of any official duty. , . . - , . . ' - - ' ... .- .. .' : "JX t: ' " ' .- ; ,.. .J''.'. .'..',,.'. '--fi -'-s ','.-..,.. v-1 w---'. mammfr' "-.? GENERAL SESSION OF THE 43RD LEGISLATURE; AND , PROVTOEIG AM EFFECTIVE DATE. THIS RESOLUTION PROPOSES TO AMEND ARTICLE XIII, SECTIONS 2, 3, 4, 7, AKD 12 OF THE CONSTITUTION OF THE STATE OF UTAH; REPEALS ARTICLE VI, SECTION 23, OF THE coNsnnmori of the state of utah ; and repeals and WITHDRAWS HJ.R. NOS. 23, 25, AND 31 PASSED BY THE GENERAL SESSION - OF THE 43RD LEGISLATURE OF THE . STATE 07 UTAH AND REPLACES . THEM WITH THIS RESOLUTION. .. . Be it resolved fcj.tZa Legislature of the State of ::UtA; 'thirds of all membere elected toesch of the two houses voting in favor thereof: Section L it is pressed to amend Article XIII of the Constitution of the StateofUtahtoreca: - - Sec. 1. The Uses! year shall begin on the first day of January, unless changed by tbeLcitcre.' . Sec: 2 (1) AH tszgS property in the state, not exempt under the laws of . ... the United States, cr tmder this Constitution, shall be taxed at a uniform - and equal rateacrcscrtion to its value, to be ascertained as provided by law. yrm:y (2) The follomzi are property tax exemptions: . ' - , ; " ial The prepcrty cf the state, eounties, cities, towns-, 1 school districts, inanieipcl-cpsrslisas and public Jibraries (lots with the butidings . therega used cssizycly for cither, religious ? worship or charitable purpcsesrcndf !srrs. r ?' ' -:; -; - - , i ; (b) TImb pnsrty cf ceanties, cities, towns, special districts, and all other political sabsivizrss cf the state, except that to the extent and in the manner proytasa t-y Ua Legislature the property of a county, city, town, :. special district cellar political subdivision of the state located outsldeof . its EeographlcferrT:zTi3 may to subject to the ad valorem property tax; " (c) Property crI by. a nonprofit.entity which is used for religious, charitable, terJ, ec'jcatipnai, employee representation, or welfare x'pii : (d) Places cf txiil cot held or, usel for private, or corporate benefit 7 shall be collected in advance and deposited with the State Treasurer monthly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while traveling ia&aStatelin the performance of official (duty! duties. , Sec 211 10, All grants and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and countersigned by tho Secretary of State , such officer as provided by law. 1 " : Sec223Herehall be a seal of theterwhiethQll be kept by the Seeretarf-StateTndeoVby-hl Said seal shall be celled "The Great Seal of thetef4ahThe-present seal of theTerritoryof UUh-ehall-be the eoal cf the State unttt-etaefwisc provided by law.l There n , shall be a seal of the Statc which shaU be called 'The Great .Seal of the . State of Utah," and shall be kept by such officer as provided by law. Sec. al21. No person while holding any office nder the United States . , . government, shall hold any office under the State government of Utah I7 and-the Governor shall not bo eligible for electioa4e-iho Senate of the IMted-States-during-the term for which he shall have been elected Governor. v. I6cc. 24. Notwittsstandinny-geneKu of the Gcnstituticnrthelegislcturc, m order to insure continuity of state and local caused by enemy attack, shall have tha poweFaiKUh4mmeiiateuty to provide for prompind4mpeTOiy-su ef-publie-officcs, of whatevenatuFe-end-whethcr filled by election or appointment, tha incumbents of which -may-beceine-uaavaileble-fer canying on tho powers and-dutiesf-euch-cfHccSy-and (2) to cdept-sueh , ethemesure&&saayle4e , e4onimentalr4nelttdm 1; thereofr4n-thc cicrcise-e&i EhaU4iHuepetsnfeftn-toihef to4hextenHhal4a-4he4udaent-e4 would be v iinpracUe&bler-woiMadmitf-unduc delay. 7 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 tin the manner provided bylaw..;- f r4 Section 3. Article VII, Constitution of Utah, shall take effect January 1, 1S31, except as follows: all candidates for the state offices provided in this ; amendment shall stand for. election to these offices under the provisions of ; this amendment during the election year of 1934. . y- This will appear on UiebaUotsunmiarized as follows: , (e)Uvestockfc3iatfcestate ..".-y; .? I : s (JQ Tangible .r.l property present Utah on January ii jrnj which is held for ssSs cf prccessing and which is shipped to final destination outside this sUs ci-i twelve months may be deemed by law to have acquired no sites iaUtsh for purposes of ad valorem property taxation and , may be excplrd by law.' from .such taxation, whether manufactured, ' prosccdcr prewired otherwise originating within state. Tannic rTc property present in Utah on January 1, 'm., held for sale ui Vtz cCrsry course of business and V'hich; constitutes the inventory cf tssj rctcller, or wholesaler or mam acjrer of farmer iror livestoeb-rs!c27 be deemed for purposes b 4d valorem property taxation to be ear:: ':Jtz (h) Water ri!3; CSches, canals; reservoirs, power plants, pumping plants, tr&cszsraUscs, pipes and flumes owned and used by individuals or ccrpcratic3 tr irrigating land within the state owned by such t individaalcx ccspczdisns, or the individual members thereof , shall net 4fee-ec?aratdy4icl;sg-as3 be exempted from taxation to the extent that tfcey siiaa fcscsssd and used exclusively- for such purposes. () Power plzzts, pser transmission lines and other property used for generating csd drcrbg electrical power, a portion of which is used for y furnishing porcr Csrpziping water for irrigation purposes on lands in the State of Utoh, E32J be exempted from taxation to the extent that such property is used fcr ssch purposes. These exemptions shall accrue to the benefit of the crcrs cf water so pumped under such regulations as the Legislature msy prescribe. : (j) The taxes cf lis indigent poor may be remitted or abated at such times and in sssSi Rsnr.fr as may be provided by law. (k) The Legasirre may provide by law for the exemption from taxation or abatement cf taxes, in whole or in pari, of homes, homesteads, and! primary residasscs end tangible personal property . not to exceed &0Q-la-v840F4SS3s-tse furnishingST-furaifafer tffidecjaipgstcssdksdasivcly by the owner thereof at his placo of abode 4iMaamtainis3-a4ss3 family. The Legislature may provide by Jy fzr reimbursement from general state revenues to any poimcal su&Q-irg trcose property tax revenues are reduced because of an exemptisa, segment, or other general law relating to primary , residences or tesIspersonal property. : " -' ,. Property cUcxceed ,000 in value; 1 owned by disabled persons who served in sy rr in the military service of the United States or of the state of Utah 2d by the unmarried widows and minor orphans of such disabled perscss crcf persons who while serving in the military service of the United Steles cr lis state of Utah were killed in action or died as a result of such carire nay be exempted as the Legislature may provide. Km) Intanr!3 r" 'aty may be exempted from taxation as property or it may be taxed n rrencrty in such manner and to such extent as the Lcrisktore crry ttztIZs, but if taxed as property the Income therefrom snail not exceed Lrs ds cn each dollar of valuation, i y ' , v . - REVENUE A1VD TAXATION ARTICLE REVISION , Shall Article XIII of the State Constitution be amended to allow the legislature to exempt primary residences and personal property from property tax; to allow the legislature to reimburse local governments for any redaction in revenne caused by exemptions of primary residences or personal property; to allow the legislature to establish a property tax on municipal property located outside of the municipality's own boundaries; to exempt property owned by nonprofit organizations used for religions, charitable,' hospital; educational, employee representation or welfare purposes; to exempt livestock; to allow local governments to share tax and other revenues; to remove the 75 ceiling upon the amount the state may food for the public school program; and other organizational changes in the revenne and taxation article. FORD AGAINSTO COMPLETE TEXT OF REVENUE AND TAXATION ARTICLE REVISION BUDGET SESSION - A J0O4T RESOLUTION OF THE BUDGET SESSION OF THE 43RD LEGISLATURE OF THE STATE OF UTAH PROPOSING TO AMEND ARTICLE XIII OF THE CONSTITUTION OF THE STATE OF UTAH; RELATING TO REVENUE AND TAXATION; PROVIDING FOR EXEMPTION OF THE PROPERTY OF COUNTIES, CITIES, TOWNS, SPECIAL DISTRICTS, AND ALLOWING THE LEGISLATURE TO EXCLUDE CERTAIN PUBUCLY-OWNED PROPERTY LOCATED OUTSIDE ITS GEOGRAPHIC BOUNDARIES FROM EXEMPTION FROM TAXATION; CLARIFYING THE EXEMPTION FROM TAXATION FOR CERTAIN WATER-RELATED RIGHTS AND PROPERTIES; PROVIDING FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY USED FOR RELIGIOUS, CHARITABLE, EDUCATIONAL, EMPLOYEE REPRESENTATION, OR WELFARE PURPOSES; EXEMPTING LIVESTOCK FROM THE " AD VALOREM TAX; ELIMINATING THE LIMIT ON DISABLED VETERANS EXEMPTIONS; PROVIDING THAT THE LEGISLATURE MAY PROVIDE FOR THE EXEMPTIONS OF PRIMARY RESIDENCES AND TANGIBLE PERSONAL PROPERTY AND PROVIDING A PROCEDURE WHERE THE LEGISLATURE MAY PROVIDE A REIMBURSEMENT TO POLITICAL SUBDIVISIONS OF THE STATE FOR REDUCED PROPERTY TAX REVENUES; REMOVING CERTAIN INCOME TAX PROVISIONS FROM THE LEGISLATIVE ARTICLE AND PLACING IT IN THE REVENUE AND TAXATION ARTICLE; ELIMINATING OUTDATED LANGUAGE; REMOVING THE LIMIT ON STATE SUPPORT OF THE MINIMUM SCHOOL PROGRAM; MAKING CERTAIN CHANGES IN THE ORGANIZATION OF THIS ARTICLE; SUBSTITUTING THIS . RESOLUTION FOR THREE RESOLUTIONS PASSED AT THE ill The Legislature shall provide by law for an annual tax sufficient, with other sources of revenue, to defray the estimated ordinary expenses LrS5teteKforIscalyearFortocP Legislature shaU provide for levying a tax annually, : P?1? Pav tte annual interest and topay the principal of such debt within twenty years from the final passage of the law creating the debt. ' Sec. 3. (1 The Legislature shall provide by law a uniform and equal rate of assessment fnd-taxatie on all tangible property in the state according to its value in money rand. The Legislature shall prescribe by - , law such regulations! proyisons as shall secure a just valuation for taxation of such property, so that every person and corporation shall pay a tax to proportion to the value of his, her, or its tangible property f-r pwv4ded4ha44fee tax4ansienivestee fer-humaaeensumptiGa. , (22 Land used for agricultural purposes may, as the Legislature prescribes, be assessed according to its value for agricultural use without regard to the value it may have for other purposes, tot&ngible property iao-bexeraptnvypJioB pnvprty qT mabe taxcJ in such oaraiid4puelfcex4ea provide ProvidcoMhat- taagbleirprbe4axed ca property the rote thereof shall not exceed vc ian-eaeh-dollor of valuation. WhcihexcmpteeHim4axioa therefrfiiahallHisi-el Legislature may provide lor deduetisn3rcxcniptlon3rcr.der-effsei3 on cny-tax based upcn-lneeme-aie-pcrsaal43me4f&te3 rUxccircenWtasUnccmel4 shaft-exasd-4our-- rote limitatins herein csr.t&insd-fcr taxes based-Gn4ncsaenHei4axes &aiHjeffeetivtiWejm by-MreteHheriiyHhe to-each4iause-f4h LesfsteturgrAaven fromtoes-on- fctansiblercpertyall-be cystsmeSrs Sec. 4. All metalliferous mines or mining claims; both placer and rock in place, shall be assessed as the Legislature shall provide; previdedr JaiL ' the basis and multiple now used in determining the value of metalliferous mines for taxation purposes and the additional assessed value of $5.00 per acre thereof shall not be changed before January 1, 1935, nor thereafter until otherwise provided by law.' All other mines or mining claims and other valuable mineral deposit, facludtog lands containing coal or hydrocarbons and all machinery used to mining and all property or surf ace improvements upon or appurtenant to mines or mining claims, and the value of any surface use. made of mining claims, or mining - property for other than mining purposes, shall be assessed as other tangible property. ' '. Sec. 5. The Legislature shall hot impose taxes for the purpose of any , county, city, town or other municipal corporation; but may, by-law, vest in the corporate authorities thereof, respectively, the power to assess and ' collect taxes for all purposes of such corporation. Notwithstanding anything to the contrary contained to this Constitution, political subdivisions may share their tax and other revenues with other political ; subdivisions. . " " " '. T . Sec. 6. An accurate statement of the receipts and expenditures of the public moneys, shall be published annually in such manner as the Legislature may provide. Sec. 7. The rate of taxation on tangible property shall not exceed on each dollar of valuation, two and four-tenths mills for general State purposes, and such additional levy as the Legislature may provide for, the State's share of the support of a portion of the public school system as defined in Article X, Section 2 of this Constitution, such portion consisting only of kindergarten schools, common schools and high schools. 1 The State shall contribute not more than 75 of the total cost of operation and -maintenance of a minimum Bchool program in the State as such program shalUrom time to time be dctermineckipon by the Legislature. J Not-more than 75 of the State's portion of the revenue necessary to finance the operation and maintenance of such minimum school program shall be raised by a 6tate property tax levy and the remainder thereof shall be raised from other State sources, The Legislature shall determine by law the method of allocation of the State's contribution to the various school districts. Sec. 8. The making of profit out of public moneys or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law, but part of such punishment shall be disqualification to hold public of f ice. : Sec. 9. No appropriation shall be made, or any expenditure authorized by . the Legislatue, whereby the expenditure of the State, during any fiscal year, shall exceed the total tax then provided for by law, and applicable for such appropriation or expenditure, unless the Legislature making such appropriation, shall provide for levying a sufficient tax, not exceeding the rates allowed in section seven of this article, to pay such appropriation or expenditure within such fiscal year. This provision shall not apply to appropriations or expenditures to suppress insurrections, defend the State, or assist in defending the United States in time of war. , Sec. 10. All corporations or persons in this State, or doing business herein, shall be subject to taxation for State, County, School, Municipal or other purposes, on the real and personal property owned or used by them within the Territorial limits of the authority levying the tax. Sec. 11. There shall be a State Tax Commission consisting of four members, not more than two of whom shall belong to the same political - party The members of the Commission shall be appointed by the Governor by and with the consent of the Senate, for such terms of office as may be provided by law. The State Tax Commission shall administer and supervise the tax laws of the State. It shall assess mines and public utilities and adjust and equalize the valuation and assessment of property among the several counties. It shall have such other powers of original assessment as the Legislature may provide. Under such regulations in such cases and within such limitations as the Legislature may prescribe, it shall "review proposed bond issues, revise the tax levies of local governmental units, and equalize the assessment and valuation of property within the counties. The duties imposed upon the State Board of Equalization by the Constitution and Laws of this State shall be performed by the State Tax Commission. In each county of this State, there shall be a County Board of Equalization consisting of the Board of County Commissioners of said county. The County Boards of Equalization shall adjust and equalize the valuation and assessment of the real and personal property within their respective counties subject to such regulation and control by the State Tax commission as may be prescribed by law. The State Tax commission and the County Boards of Equalization shall each have such other powers as may be prescribed by the Legislature. Sec. 12. (i) Nothing in this Constitution shall be construed to prevent the Legislature from providing a stamp tax or a tax oased on income, occupation licenses, eH franchises, or other tax provided by law. The Legislature may provide for deductions, exemptions, or offsets on any tax based upon income, occupation, licenses, franchises, or other tax as Proved by law pursuant to this section. - 2. Notwithstanding any provision of this Constitution, the Legislature, in any law imposing income taxes, may define the amount on. in respect to. or by 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 eifectiye at any time or from time to time and may prescribe exemptions or modifications to any such provision? - - . - , . . 3. All revenue received from taxes on income or from taxes on intangible property shall be allocated to the support of the public school system as Sef fcedtn Article X. Sec, z of this Constitution. Sec. 13.The proceeds from the imposition of any license tax, registration fee, driver education tax, or other charge related to the operatioaof any motor vehicle upon any public highway to this stateand the proceeds from the imposition of any excise tax on gasoline or other liquid motor fuel used for propelling such vehicles, except for statutory refunds and adjustments allowed thereunder and for costs of collection and administration, shall be used exclusively for highway purposes as follows: (1) The construction, improvement, repair and maintenance of city streets, county roads, and state highways, including but not restricted to payment for property taken for or damaged by rights of way, and for the -1 administrative costs necessarily incurred for said purposes. . (2) The administration of a driver education program, (3) The enforcement of state motor vehicle and traffic laws. (4) Tourists and publicity expense to any single biennium not to excess of the lesser of the following: : . . . . . (a) .5 per cent of the total biennial revenues from motor fuel taxes, or (b) an amount equal to the 1959-1931 biennium. . , Section 2. Article VI, Sec. 23, of the Constitution of Utah is repealed. Section 3. H.J.R. No. 23, H.J.R. No. 25, and H.J.R. No. 31 passed by the general session of the 43rd legislature of the State of Utah are repealed and withdrawn to their entireties from the next general elections, and the secretary of state is directed to lieu thereof to submit the proposed amendment provided for by this joint resolution to the electors of the State of Utah at the next general election in the manner provided by law. Section 4. If approved by the electors of the state, the amendment ' v; proposed by this joint resolution shall take effect on January 1, 1981. ...... This will appear on the ballot summarized as follows: PROPOSITION NO. 3 LABOR ARTICLE REVISION Shall Article XVI, Section 3 of the State Constitution be amended to remove the prohibition against the legislature establishing work release programs outside prison grounds for inmates, and to remove the prohibition of the employment of women in underground mines. FORD AGAINSTD COMPLETE TEXT OF PRISONER WORK RELEASE AMENDMENT 1979 GENERAL SESSION - A JOINT RESOLUTION OF THE 43RD LEGISLATURE OF THE STATE OF UTAH PROPOSING TO AMEND ARTICLE XVI, SEC. 3, S: - CONSTITUTION OF UTAH, TO REMOVE THE PROHIBITION lT ; AGAINST WORK RELEASE TYPE PROGRAMS, RESTITUTION ... PROGRAMS, AND REHABILITATION PROGRAMS FOR PRISONERS, AND TO REMOVE PROHIBITION AGAINST . V V ' WOMEN WORKING IN UNDERGROUND MINES. " Be it resolved by the Leslature of the State of Utah, two-thirds of all members elected to each of two houses voting in favorthereof: Section 1. It is proposed to amend Article XVI, Sec. 3, Constitution of Utah, to read: Sec. 3. The Legislature shall prohibit: : (1) The employment of I women, or of 1 children under the age of fourteen years, in underground mines. (2) The involuntary contracting of convict labor. W-The-tafrer-ef-esnviets outside prison groundst except in publio works imdeheireetepetohetaterl f-4l(3) The political and commercial control of employees. 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 by law. This will appear on the ballot summarized as follows : PROPOSITION NO. 4 COMPENSATION OF LEGISLATORS Shall Article VI, Section 9 of the State Constitution be amended to , , compensate members cf the legislature $43 per day (while actually in session), and reimbcrse expenses cf up to $43 per day and mileage as provided by law. " " ,: :. .. - -.. ' " " ; ' - '- . !,; : v .... . . ;. "; '. . V". '; '' "i" ' " . ' '.- '.' ' - . '.. ; FORD AGAINSTD : V COMPLETE TEXT OF - V COMPENSATION OF LEGISLATORS BUDGET SESSION - Vv A' JOINT RESOLUTION OF THE BUDGET SESSION OF THE 43RD LEGISLATURE OF THE STATE OF UTAH PROPOSING TO AMEND ARTICLE VI, SECTION 9, CONSTITUTION OF UTAH r PROVIDING THAT LEGISLATIVE SALARIES SHALL BE ADJUSTED TO $40 PER DIEM AND EXPENSES UP TO $40 PER ' ; , DIEM AS PROVIDED BY LAW; AND PROVIDING AN EFFECTIVE DATE. Be it resolved by the Legislature of the State of Utah, two-thirds of all members elected toeach of the two nouses voting in favor tnereot: " ' - Section L it is proposed to amend Article VI, Section 9 of the Constitution ' of Utah, to read: ; ;- r Sec. 9. The members of the Legislature shall receive compensation of i$2& 1 140 per diem while actually in session, expenses of $fr1upto$40per diem while actually in session, and mileage as provided by law; provided that such compensation shall commence July 1, 1981 fandilcagc"Q9 v jituriucuuv luwj, - " " . n, -vtv,r"-.,... "' -' ; - . ' : ': : ' ' ' 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 by law. Section 3. If approved by the electors of this state, this amendment shall take effect January 1, 1981. - . " ; -: : V . p i'. , . -. " " '. : . '., V: .-' ; .V:,.,".,; . Ay .... . : : .' . INITIATIVE PROPOSAL A ELIMINATlbN OF STATE SALES TAX ON FOOD :'. '' ' ' . i'y. ' ' !- "" .v.-7. ; :.. .. " Shall the 4 state sales tax on food be eliminated except on food prepared for immediate consumption on or off the premises of the retailer and on food sold through a vending machine at a price in excess of fifteen cents, while retaining the present county, city and town local option to tax the sale of food? FORD AGAINSTD COMPLETE TEXT OF ELIMINATION OF THE STATE SALES TAX ON FOOD AN ACT PROVIDING FOR ELIMINATION OF THE STATE SALES TAX ON FOOD; RELATING TO REVENUE AND TAXATION; AND PROVIDING AN EFFECTIVE DATE; AMENDING SECTIONS 59-15-2, 59-15-4 AND 59-15-6, UTAH CODE ANNOTATED 1953, AS AMENDED THROUGH THE LAWS OF UTAH 1977. Be It Enacted By The Legislature Of The State Of Utah ; Section 1. Section 59-15-4, Utah Code Annotated 1953, as amended through . the laws of Utah 1977, is amended by adding the following sentence to ' V subsection (A); the sale of food as defined in section 59-15-2. Utah Code Annotated, shall not be subject to the tax by the State of Utah; however. . , food may be subject to taxaj&on pursuant to Title 11. Chapter 9 and Chapter 20. Utah code Annotated 1953 as amended. Section 2. section 59-15-2, Utah Code Annotated 1953, as amended through the laws of Utah 1977, is amended by adding the following subsection : the term "food" means all food for human consumption which is eligible for purchase with food coupons issued by the United States Department of Agriculture under regulations in effect on January 1, 1977, regardiesToT . whether the retailer fronrwhom the food is purchased or the purchaser participates in the food stamp program. As used in this section, the term ''food" does not mean food normally prepared for immediate consumption on or off the premises of the retailer, nor does it include food sold through a vending machine, except as otherwise provided in Section 5945 Section 3. Section 5156, Utah Code Annotated 1953, as amended through the laws of Utah J977, is amended by adding between the first and second paragraph thereof the following paragraph: The sale of food as defined in Section 59-15-2. Utah Code Annotated, shall be exempt from taxation under this act by the State of Utah: however, food may be subject to taxation pursuant to Titie 11, Chapter 9, and Chapter 20, Utah Code Annotated 1953 as amended. : Section 4. This act shall take effect pursuant to Section 20-11-5 Utah Code . Annotated 1953. , , i - . INITIATIVE PROPOSAL B TAX LIMITATION ACT ' Should a law be adopted which would: : , 1. Limit taxes on real property to 1 of market value; establish 1977 county assessor's valuation as market value, except appraised value shall be the market value cf property purchased, constructed cr transferred after 1977 ; limit annual inflationary increases in market value to 2. :r- j.!'. : ', -Jv , , 'i ' :.-":'ri ' .':.;... i 7,: -,'.'v V, 7-''- rt"i'-'..f:t..,'-;;:.; 's. '""?;!,' .,'tv.'? '7- 2. Require two-thirds vote cf legislature to increase state taxes; prohibit new ad valorem, sales cr transaction taxes l ea real property. . 3. Authorize ccssties, citiss and special: cstricts with tryo4hirds vcte cf . electcra to impese special taxes except ca real property. . - .'r, , FORD .'' .. t.-;: ;. AGAINSTD ' ; . ' THE CO'IPLETE TEXT OF 4 -; f :-; ,:"AN AC? LIMITING AD VALOREM ON REAL PROPERTY TO 1 OF VALUE EXCEPT .Ta PAY INDEBTEDNESS PREVIOUSLY APPROVED BY VOTERS. ESTABLISHING 1977 ASSESSED " ; ' VALUE OF PROPERTY FOR TAX PURPOSES. LIMITING ANNUAL INCREASES IN VALUE. PROVIDING - FOR REAEMENT, AFTER SALE, TRANSFERROR CONSTRUCTION, REQUIRING 23 VOTE OF LEGISLATURE TO ; ENACT ANY CHANGE IN STATE .TAXES DESIGNED TO INCREASE REVENUES. PROHIBITING IMPOSITION BY STATE OF NEW AD VALOREM SALES OR TRANSACTION TAXES ON REAL PROPERTY. AUTHORIZING SPECIFIED LOCAL . . ENTITIES TO IMPOSE SPECIAL TAXES EXCEPT TAXES1 ON REAL PROPERTY. ' .. V BE IT ENACTED BY THE PEOPLE OF THE STATE OF UTAH: ' SECTION 1. TITLE. This act shall be known as, and may be cited as, the TAX LIMITATION LAW. SECTION II. The maximum amount of any ad valoriun tax on real property shaU not exceed one percent (1) of the fair market value of such property. The one percent (1) to be collected by the counties and apportioned according to law. SECTION III. The limitation provided for in Section II shall not apply to ad valorem taxes or special assessments to pay the interest and redemption charges on any indebtedness approved by the voters prior to the time this law becomes effective. SECTION IV. The fair market value means the County Assessor's valuation of real property as shown on the 1977 tax bill under market value, . or thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1977 assessment. All real property not already assessed up to the 1977 tax levels may be reassessed to reflect that valuation. SECTION V. The fair market value base may reflect from year to year the inflationary rate not to exceed two percent (2) for any given year or reduction as shown in the consumer price index or comparable data for the area under taxing jurisdiction. SHC7,I9,N VL From and afUjr the effective date of this law, any changes in State Taxes enacted for the purpose of increasing revenues collected pursuant thereto whether by increased rates or changes in methods of computation, must be imposed by an Act passed by not less than two-thirds (23) of all members ele:ted to each of the two houses of the Legislature, except that no new ad valorum taxes on real property, or sales or transaction taxes on the sales of real property may be imposed. .- ' ' s. ,Y. ' A VV .VVVsV.." ' ' ' '..- t t 4 t . , . . . ..'''. '. . ' SECTION VII. Cities, counties and tyrM dhtricts, by a two thirds vote of the qualified electors of such district, T2g in an election, may impose special taxes on such district, except ad rrlsrcn taxes on real property or a transaction tax or sales tax on the sals cf red property within such City. County, or Special District. : v SECTION VIII. This law shall take cCat b days after the adoption of - this legislation, except Section VI which zisfl become effective upon the -.. adoption of this law. r- i SECTION IX If any section, part, dba, cr" phrase hereof is for any reason held to be invalid or unconstifclhsil, the remaining section shall not be affected but will remain in full force td effect. I, DAVID S.MONSON, certify that ths shsve is a fuU, true and correct ; - copy of the existing and amended laissctthe Articles and Sections to be amended, together with a full, true, sccrrectcopyof the intitiative PjysalstoD - WITNESS MY SAND AND THE GREAT SEAL tAySity OF THE STATE OF UTAH, at Salt Lake f?33A$ CrfUtah,thislstdayofOctober, A ViKI3Jj hi DAVIDS. MONSON mW7?-' V Lt. Governor |