Show Proposed Changes in Utah's Constitution STATE OF UTAH OFFICE OF THE SECRETARY OF STATE SALT LAKE LAliE CITY Cm- August 30 1968 Dear Dea Fellow Citizens The Tue Legislature of the State of Utah has entrusted me lle with the responsibility for publishing publishing pub rub lishing the following Propositions which r re relate late to changes in the Constitution of the State of Utah In the beginning of the tire body of each Proposition Proposition Proposition we have et f forth the Ballot Title of the Proposition as i it l appear on the General 7 I CJ J 8 I of the sel of these Propositions Propositions which your yow State State Legislature has caused to be placed before you I urge that each of you study the tle text of f 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 Sincerely CLYDE L. L MILLER Secretary of State I PROPOSITION NO 1 LEGISLATIVE S SESSIONS A J JOINT 0 I N NT T RESOLUTION PROPOSING TO AMEND ARTICLE VI SECTION 2 AND SECTION 16 16 OF THE fHE CONSTITUTION OF THE STATE OF OFU U UTAH l A H RELATING TO THE TIME AND DURATION DURATION DURATION DURA DURA- TION OF SESSIONS OF THE LEGISLATURE Be it resolved by the Legislature Legislature Leg Leg- of the State Stale of Utah two thirds of all members elected to each of the two Iwo houses voting in favor thereof thereof thereof there there- of Section 1 It is proposed to amend Article VI Section 2 and 16 of the Constitution of the State of Utah to read as follows Sec 2 Sessions of the Legislature Legislature Legislature Leg Leg- shall be held annually annually annu annu- ally at the seat of government and shall begin on the second Monday in January A general general general gen gen- eral session shall be held during during during dur dur- ing odd-numbered odd years and anda a budget session shall be held during even numbered years Legislation not directly related related related re re- re- re to the state budget may maybe maybe maybe be considered by the Legislature Legislature Legislature Legis Legis- lature during budget sessions only if permitted by a joint resolution p pas passed a s S sed C d by two- two thirds of the members elected to each house Sec 16 No general session of the Legislature shall exceed exceed ex ex- sixty calendar days except except ex ex- in m cases of impeachment No budget session shall exceed exceed ex ex- twenty calendar days except in cases of impeach impeach- ment No special session shall exceed thirty calendar days except in cases of im im- im- im When any session session ses ses- sion of the Legislature trying cases of impeachment exceeds exceeds ex ex- the number of calendar days it may remain in session ses ses- ses sion as us provided in this sec see tion The members shall receive receive receive re re- re- re for compensation only the usual per diem expenses and und mileage Sec 2 The Secretary of State is directed to submit this proposed amendment amendment- to the electors of the State of Utah at the next general election election elec elec- tion in the manner provided by luw law Sec 3 If adopted by the electors of this state this amendment shall take effect the first day of January 1969 I PROPOSITION NO 2 COMPENSATION TION OF LEGISLATORS A J JOINT 0 I N NT T RESOLUTION PROPOSING TO 10 AMEND ARTICLE VI SECTION 9 OF THE CONSTITUTION CONSTITUTION CONSTITUTION TION OF THE ST STATE A TE TEOF OF UT UTAH A H RELATING TO COMPENSATION TO TOBE TOBE TOBE BE PAID TO MEMBERS OF THE LEGISLATURE FOR THEIR SERVICES AND THE PAYMENT OF EXPENSE AND MIL MILEAGE E AGE ALL ALLOW ALLOW- 0 V ANCES Be it resolved by the Legislature Legislature Legislature Legis Legis- lature of the State Slate of Utah two thirds of all members elected to each of the ic two Iwo houses voting in favor thereof there there- of Section 1 It is proposed to amend Article VI Section 9 of the Constitution of the State of Utah to read as ns folI follows follows fol fol- fol- fol I lows Section 9 The members of the Legislature shall receive receive compensation of 25 per diem while actually in session expenses expenses ex ex- of 15 per diem while actually in session and mileage mileage mile mile- age as provided by law 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 election elec elec- tion in the manner provided by law Section 3 If adopted by bythe bythe bythe the electors of this state this amendment shall take effect on January 1 1969 PROPOSITION NO 3 INVENTORY TAX REPEAL A J JOINT 0 I N NT T RESOLUTION PROPOSING TO AMEND AMENDA A ART ARTICLE R T I C L E XIII SECTION SECTION SEC SEC- TION 2 OF THE CONSTITUTION CONSTITUTION CONSTITUTION CON CON- OF T THE H E ESTATE STATE OF UTAH RELATING RELATING RELATING RE RE- LATING TO A AN N A AD D VALOREM TAX rAX 1 A X EXEMPTION EXEMPTION EXEMPTION EX EX- EMPTION FOR TANGIBLE TANGIBLE TAN rAN GIBLE PERSONAL PRO PROPERTY PER T Y CONSTITUTING CONSTITUTING CONSTITUTING INVENTORY AND HELD FOR SALE IN THE rilE 0 ORDINARY R DIN A R Y COURSE OF BUSINESS Be it resolved by the Legislature Legislature Legislature Legis Legis- lature of the State of 01 Utah two Iwo thirds of 01 all members elected to each of the two houses voting in favor thereof thereof thereof there there- of Section 1 It is proposed to amend Article XIII Section Section Section Sec Sec- tion 2 of the Constitution of the State of Utah to read as follows Section 2 All AU t tan tangible a n g i b I 1 e c property in the state not exempt exempt ex ex- empt under the laws of the United States or under this constitution shall be taxed in proportion to il its value to be ascertained as provided by law The property of the state counties cities towns s school c h o 00 o I 1 districts municipal corporations and public li libraries libraries li- li lots with the buildings buildings buildings build build- ings thereon used exclusively for either religious worship or charitable purposes and places laces of burial not held or used for private or corporate b benefit nef t shall be exempt from taxation Tangible personal property present in in Utah on January 1 m m. which is held for sale or processing and which is shipped to final destination destination destination des des- outside this s state t tat a t e within twelve months may be deemed by law to have acquired acquired acquired ac ac- ac- ac no situs in Utah for purposes of ad valorem property property prop prop- erty taxation and may be exempted exempted ex ex- empted by law from such taxation whether manufactured manufactured manufactured processed or produced or otherwise originating within with in or without the state Tangible Tangible Tangible Tan Tan- gible personal property pres present present present ent in Utah on January 1 m. m held for sale in the ordinary course of business and which constitutes the inventory of any retailer or wholesaler or manufacturer or farmer or livestock raiser may be deemed deemed deemed deem deem- ed for purposes of ad valorem 1 pro property r o p per e r t y taxation to he be exempted Water Vater r rig rights i g h t s ditches C can canals a n a I 1 s s. s reservoirs power plants p pumping u m pin g gp 1 p plants I 1 a ant a t s transmission lines pipes and flumes owned and used by individuals individual or corporations corporations corporations cor cor- for irrigating irrigating- land within the state owned by such individuals or corporations corporations corporations corpora corpora- or the individual members members mem mem- bers thereof shall not be separately taxed so long as they shall be owned and used exclusively for such purposes Power p plants I a ant ii t s power transmission lines and other property used for generating generating gen gen- crating and delivering electrical electrical elec elec- power a portion of which is used for furnishing power for pumping water for irrigation purposes on lands in the state of Utah may be exempted from taxation to the extent that such property is used for such purposes These exemptions shall accrue accrue accrue ac ac- ac- ac crue to the benefit of the users of water so pumped under such regulations as the legislature may prescribe The taxes of the indigent indig-ent poor may be remitted or abated abated abated abat abat- ed at such times and in such manner as may be provided by law The legislature may provide for the exemption f fro from r o m in taxation of homes homesteads and p per personal C r S son 0 fl a I property not to exceed 2000 in value for homes homesteads homesteads homesteads home home- and all household furnishings furnishings furnishings fur fur- fur furniture nit u r e and equipment used exclusively by the owner thereof at his place of abode in maintaining a home for himself and fam fam- ily Property not nol to exceed in value owned by dIsabled disabled disabled dis dis- dIs- dIs persons who served in m many any war in the military service service ice of the United States State or of the state of Utah and by bythe bythe bythe the unmarried widows and minor orphans of such disabled disabled dis dis- dis- dis persons or of persons who while serving in the military military mili mill tary service of the United States or the state of Utah were killed in in action or died as a result of such service service may be exempted as the legislature legislature legislature leg leg- may provide The rho legislature shall provide provide provide pro pro- vide by law for an annual t tax lX sufficient with other sources of revenue to defray the estimated esti mated ordinary expenses of the state for each fiscal year For the purpose of paying the state debt if any there be the legislature shall provide for levying a tax annually sufficient to pay the annual interest and to pay the principal principal principal prin prin- cipal of such debt within twenty years from the final passage of the law creating the debt 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 election elec elec- tion in the manner provided by law Section 3 If adopted by bythe bythe bythe the electors of this state this Amendment shall take effect ther first firt fir t JP day y J of r. r Janu January 1969 PROPOSITION NO 4 AGRICULTURE LAND TAXATION TION TIONA A J JOINT 0 I N NT T RESOLUTION PROPOSING TO AMEND AMENDA A ARTICLE R l' l I C LE XIII SECTION SECTION SEC SEC- TION 3 OF THE TIlE CONSTITUTION CONSTITUTION CONSTITUTION OF THE STATE OF UTAH TO PROVIDE THAT ALL LAND DESIGNATED DESIGNATED DESIGNATED DES DES- FOR A AGRICULTURAL AGRICULTURAL AGRI AGRI- G R I CULTURAL USE MAY MAYBE MAYBE IA Y BE ASSESSED FOR ALL TAX PURPOSES ON ONT T l' THE II HE E CONSIDERATION OF ONLY THOSE FACTORS FACTORS FAC FAC- TORS fORS R RELATIVE E L LA A T I V E TO SUCH AGRICULTURAL USE Be Bc it resolved by the Legislature Legislature Legislature Legis Legis- lature of the State Stale of Utah two thirds of all members elected to each of the two houses voting in favor thereof thereof thereof there there- of Section 1 It is proposed to amend Article XIII Section Section Sec See tion 3 of the Constitution of oC the State of Utah to read as follows S Section ct on 3 3 The Legislature shall provide by law a uniform uniform uniform uni uni- form and ancl equal rate of assessment assessment assess assess- ment mont and taxation on all tangible tangible tangible tan tan- gible property in the State according to its value in money and shall prescribe by bylaw bylaw bylaw law such regulations as shall secure a just valuation for fOI taxation of such property so that every person and corporation corporation cor cor- shall pay a tax in proportion to the value of his her or its tangible property properly provided that the Legislature may determine ne the manner and extent of taxing transient livestock and livestock being fed for slaughter to be used for h hum human U in a n consumption Land Lan used for a agricultural r cultural purposes may as the Legislature Legislature Legis Legis- lature prescribes be assessed according to its value for agricultural use without regard regard regard re re- re- re gard to the value it may have for other purposes Intangible ble property may be exempted exempt exempt- ed from taxation as property or it may be taxed in such manner and to such extent as us the Legislature may provide pro pro- vide Provided that if intangIble intangible intangible gible property be taxed as property properly the rate thereof shall not exceed five mills on one e each a c Ii h dollar of valuation When exempted from taxation taxation taxa taxa- tion lion as property the taxable income shall shull be taxed under any tax based on incomes but when taxed by bythe bythe bythe the State of Utah as property property prop prop- erty the income shall not also be taxed The rIo Le Legislature may provide for deductions exemptions and andor and or offsets on an any tax based upon income The personal income tax rates shall be graduated but the maximum rate shall not exceed six percent percent percent per per- cent of net income No excise tax rate based upon income I shall shull exceed four percent of net income laconic The rime rate l limitations limita mita- herein contained for taxes based on income and for taxes on intangible property shall be bo effective until Janu Janu- ary 1 1937 and thereafter until changed by law by a vote of the majority of the members elected to each house of the Legislature All revenue received from taxes on income or from taxes on intangible property shall be allocated to the support of the public lUbliC school system as defined in Article Article- X Section 2 of this Constitution Section 2 The Secretary of State is directed to submit submit submit sub sub- mit this proposed amendment to the electors of the State of Utah at the next general election election elec elec- tion in the manner provided by law Section 3 If adopted by bythe bythe bythe the electors of this state this amendment shall take effect u. u f fc t ote oh Joil Jan January ar I 1 1 1969 PROPOSITION NO 5 MANDATORY 1 RETIREMENT OF JUDGES A J JOINT 0 I IN N T RESOLUTION PROPOSING TO AMEND ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF UTAH BY THE ADDITION OF SECTION 28 AUTHORIZING AUTHORIZING AUTHORIZING AUTHOR AUTHOR- IZING THE LEGIS LEGISLATURE LEGISLATURE LEGISLA LEGISLA- LATU LA- LA TU TURE RE TO PROVIDE FOR THE MANDATORY RETIREMENT AND FOR REM REMOVAL 0 V A L OF JUDGES FROM OFFICE Be it resolved by the Legislature Legislature Legis Legis- lature of the State Stale of Utah two tuo thirds of all members elected to each of 0 the two houses voting in favor thereof thereof thereof there- there of Section 1 It is proposed to amend Article VIII of the Constitution of the State of Utah by the addition of Section Section Sec Sec- tion 28 to read Section 28 The Legislature Legisla Legisla- ture may provide uniform standards for mandatory retirement retirement re re- and for removal ox of oi judges from office Legislation Legislation Legislation Legisla Legisla- tion implementing implement ng this section section sec see tion shall be applicable only to conduct occurring subsequent subsequent subsequent quent to the effective date of such legislation Any determination determination determination deter deter- requiring the retirement retirement retire retire- ment meat or removal of a judge from office shall be he subject to review as to both law and facts by the Supreme Court This section is additional to and cumulative with the methods of removal of justices justices justices jus jus- tices and und judges provided in Sections 11 and 27 of this Article Section 2 The Secretary of State is directed to submit this proposed amendment to the electors of the tho state at atthe atthe atthe the next general election in inthe inthe inthe the manner provided by law luw Section 3 This amendment amendment |