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Show I COMPILED BY W. VAL OVESON, LT. GOVERNOR j jjf gi ci IV mOPERATION WITH THE UTAH STATE LEGISLATURE Vy&iWff IN JSSoT DCHRISTENSEN, PRESIDENT OF THE SENATE jpl NRCOBERT H. GARFF, SPEAKER OF THE HOUSE ! ""iiJ"'" ngs FCTOR OFFICE OF LEGISLATIVE RESEARCH AND GENERAL COUNSEL lNALYSIS BY RICHARD V- STRONmRFXTOR . . 1 hwl No charges ., were issuer . - Mai said.. ,.,.... -- rottifuiu.vteacner I j P I Sv STATEOFUTAH WVal 0veson ! . S7 ' ' LIEUTENANT GOVERNOR ' ST;'''''' 203STATECAPITOLBUILDING """""" SALT LAKE CITY, UTAH 841 14 : U: September 25, 1986 : ii! !r fi le ts ;i ! ' Dear Fellow Utahn: t ts , f0h untPrs will have the opportunity to 1 n On November 4, Utah vote, the utah State lh vote on three proposed amenm" this Voter Information Pamphlet ; Constitution. We have Prepared zni ed amendments. The i lri to help you better understand t nese m proposals pamphlet contains arguments information, which I am sure ; . along with explanations and other b will be of assistance to you. a f ,n. information on ballot-markina " The pphl-t -l-o contain. lnforo procedures, as well as rey , ic alona with other sources I urge you to study this Pamphlet, g of information, so that Jt9and informed choice on these able to make a sound in institution. : f proposed changes in our uoa a V Best wishes. r Sincerely , W Val Oveson t Lieutenant Governor v e I ;r ' a u K n j TABLE OF CONTENTS TITLE INSTRUCTIONS FOR READING THE TEXT OF THE PROPOSITIONS ( , PROPOSITION NO. 1 - PROPERTYTAX EXEMPTION FOR NON-PROFIT HOSPITALS AND NON-PROFIT NURSING HOMES ' A Ballot Title Final Legislative Vote ' ! Impartial Analysis ' 7 Arguments 7 Text 8 p : io j PROPOSITION NO. 2 - PROPERTYTAX EXEMPTION FOR FARM EQUIPMENT AND FARM MACHINERY Ballot Title Final Legislative Vote " i S Impartial Analysis ' II Arguments II ' Text .......... 12 PROPOSITION NO. 3 - EDUCATION ARTICLE REVISION 1 Ballot Title J 1 Final Legislative Vote 15 j Impartial Analysis " , Arguments 15 i Text 18 f ' 20 j INSTRUCTIONS TO VOTERS ;J (Cache, Carbon, Davis, Salt Lake, Summit, Uintah, Washington, and Weber Counties) 22 C INSTRUCTIONS TO VOTERS (All other counties) .... 1 LIEUTENANT GOVERNOR'S CERTIFICATION OF BALLOT ITEMS inside back coier HOW TO REGISTER TO VOTE back cover ! s J -J e SI - ; 1 uu.zhiefsaid wthelassroorn for his or her Dr. Cox sa --t i ran inritv ..- tfiach INSTRUCTIONS FOR READING THE TEXT OF THE PROPOSITIONS NOTE: In reading the text of the propositions the following rules apply: (1 ) Underlined words and numbers represent new language being added to the constitution, or current language that is being moved from another section in the constitution. (2) Bracketed and lined-through words or numbers represent current language being deleted from the constitution, or current language that is being moved to another section in the constitution. (3) All other language is the current language in the constitution which is retained without change. Example: Sec. 2. The public school j education system shall include kindergarten all public elementary and secondary schools ; eemiwm schools, consisting of prtftwtfy smd grammar grades; high sdweter an agricultural eoHege; a tmivcraity; and such other schools and programs as the Legislature may establish designate. Present Constitution: Sec. 2. The public school system shall include kindergarten schools; common schools, consisting of primary and grammar grades; high : schools, an agricultural college; a university; and such other schools I as the Legislature may establish. Proposed Revision: Sec. 2. The public education system shall include all public elementary and secondary schools and such other schools and programs as the Legislature may designate. t l t r ; il il v u e I ;n "I ui vt n 51- -.JfcL charges . were issued ran m u - :;h;f For O Against O Proposition No. 1 PROPERTY TAX EXEMPTION FOR NON-PROFIT HOSPITALS AND NON-PROFIT NURSING HOMES v cast by the members of the 1986 Legislature on final passage: E (75 members): Yeas, 61; Nays, 9; Absent or not voting, 5. SENATE (29 members): Yeas, 25; Nays, 2; Absent or not voting, L id-Jhe , classroom .or ... , teacher r ' : Official Ballot Title: Shall Article XIII, Section 2 be amended to allow property owned by a nonprofit entity j that is used exclusively for hospital or j 'nursing home purposes to be exempt from q property tax; and to provide an effective & date of January 1, 1986? I ft u u :t U !r . n i )( L jt! ;i P" " ' ' . J i " ts n b i IMPARTIALNALYSIS Proposal n Thestateconstitutionprovidesforthetaxationofprope Option from the property tax must also be ncu d fitution. TheUtahConstitutionhas always fW ively for "charitable purposes" to be exemf JgJ Property owned by a non-prof.t entity used I exdusi y S'W or nursing home purposes was considered exemp fPWy taxes under the charitable exemption unt. W Court issued an interpretation of this language " 198 decided that, in determining a non-proM hosp JJ fle lhe charitable exemption, the following six factors must be we 1 whether the hospital exists to provide a service, wit ou "pecting to be paid; , , in SUDPOrting the 1 Whether donations and gifts play a large role in suppo hospital; whether patients are required to pay for se rvices; Aether the income from all sources (Including gifts J 8 than operating and other expenses; restricted to 5' Aether those who may benefit from the charity are certain groups, or unrestricted; r t anv private 6' Aether the hospital provides financial benefit to any Person or interest. Many non-profit hospitals and nursing homes that were b rfm..lv tax exempt find it difficult to meet the court's new 3 f Proportion 1 passes, non-profit hospitals and nursing homes would r he exempt from property taxes without having to meet the court s .y pnSente If Proposition 1 fails, the Utah Supreme Court's tc Su "menu .would be used to determine if individual non-profit hospitals and nursing homes should be taxed. o Effective Date 5 If approved by the voters, this amendment would apply to the x TloinninB January 1, 1986. Taxes imposed on certain non- tl '"fiSS nursing homes under the requirements of the SirSurt's 1985 decision would not have to be paid for 1986. Fiscal Impact n If the proposed constitutional amendment is adopted non- je fit hnwitals and non-profit nursing homes will not have to begin i Pr 0 n ooertv taxes. If it is not adopted, non-profit hospitals and it Pnmes Jll begin to pay property taxes to local governments "TloTdistricJ The estimated property tax revenue from non- ASSS homes will be $7 to $10 million per year. e, sr "I u V n 3! a Arguments For A vote in favor of Proposition 1 will prevent an increase in hospital costs which would occur if non-profit hospitals were required to pay property taxes. Non-profit hospitals, like Primary Children's Medical Center, LDS Hospital, McKay Dee, Utah Valley, St. Benedict's, St. Mark's and Holy Cross, and non-profit nursing homes have always been exempt from property taxes. Money received by non-profit Hospitals above their actual operating costs goes to replace worn out equipment and provide new services. If they are forced to use that money to pay property taxes, they will be unable to replace outdated equipment and facilities unless prices are increased. The money for the new property taxes would have to come from increased hospital charges. It is estimated that non-profit hospitals will have to raise their room rates over $10 a day to pay the new property taxes. This new tax on non-profit hospitals will tax the sick, the elderly, and the poor. Since taxing non-profit hospitals will force them to increase their charges, taxing them will really tax only the sick. The sicker you are, the more tax you will pay. The elderly will be particularly hard-hit. They rely heavily on hospitals, and most live on fixed incomes. The poor, who are ill i more often, will also have to pay more for their misfortune. Taxes i on non-profit hospitals and nonprofit nursing homes will 1 be paid by those who can least afford it! :j Non-profit hospitals provide charitable services that 1 government would otherwise have to provide. Non-profit 1 hospitals provide millions of dollars in charity health care every i year. They provide free or low-cost health care to thousands of j people who need it but cannot pay. Non-profit hospitals also write off millions of dollars in debts from people who cannot pay I their total hospital bills. Taxing non-profit hospitals would I reduce the amount of charity care available, and could leave many people without health care. Government would have to use l tax dollars to provide health care to people that non-profit 0 hospitals now provide. Non-profit hospitals exist only to serve 1 the community. j Non-profit hospitals and non-profit nursing homes have A always been tax free in Utah. Since statehood, the Legislature j has considered non-profit hospitals and non-profit nursing j homes exempt from property taxes. Proposition 1 would clarify H in the constitution that non-profit hospitals and non-profit rfl nursing homes are tax exempt. The Legislature, by passage of I I SJR 4 by a two-thirds majority of both houses, demonstrated that it does not want to tax non-profit hospitals and non- ' profit nursing homes. 1 3 This is a new tax. A vote inaiwof Proposition 1 will not 1 increase property taxes since non-profit hospitals and non-profit nursing homes have never been taxed in Utah. j Vote "FOR" Proposition 1! " Senator Warren E. Pugh 5124 Cottonwood Lane Salt Lake City, Utah 84117 Senator Fred W. Finlinson 720 Shiloh Way Murray, Utah 84107 ile Rebuttal to Arguments in Favor of Proposition No. 1 Proposition 1 is unnecessary. It changes a system that is working well and does not need to be changed. We should not give tax-exempt status to all hospitals and nursing homes - only non-profit charitable hospitals and nursing homes! To be tax-exempt, non-profit hospitals shoud be charitable. Truly charitable hospitals will be able to demonstrate that they deserve the tax exemption. They will always be tax-free, tax-free, as they are now. Hospitals that do not provide charity service should not be tax-free just because their corporate structure is non-profit! If Proposition 1 passes, non-profit hospitals would not have to prove that they are charitable before obtaining a tax exemption. They could possibly offer no charity care, and still be tax-exempt. This is not right! If this exemption is placed in the constitution, non-profit hospitals and nursing homes will not be reviewed at all. If we defeat Proposition 1, counties will continue to examine these hosptials, and grant a tax exemption if it is deserved. Hospital costs will not rise if Proposition 1 is defeated! Supporters claim hospital costs will increase, because nonprofit non-profit hospitals will have to raise rates to cover taxes. Defeating Proposition 1 will merely allow the county commissioners to continue to evaluate them. Non-profit hospital rates are often no lower than for-profit hospital rates. Non-profit hospitals charge I what people will pay, not what the service costs them. Their rates will not change if Proposition 1 fails. Why should taxpayers subsidize non-profit hospitals when they can't prove they offer charity, and cost the same as for-profit hospitals? Representative Joseph M. Moody 72 West 100 North Delta, Utah 84624 Representative Spencer Wyatt 204 East Elberta Drive J Ogden, Utah 84404 - No charges were issued ran 01 me ueins ian.cn Arguments Against By opposing Proposition 1, we do not intend to tax truly charitable hospitals. The constitution does not have to be changed to make charitable hospitals tax-exempt. The present constitution and Utah Supreme Court rulings provide a method for charitable hospitals to be tax-exempt if they meet certain requirements. For example, because Shriner's Hospital and Primary Children's Medical Center provide much charity care, they have never paid property taxes, If they remain charitable, they probably never will. Proposition 1 is unnecessary! Non-profit hospitals are often no different than for-profit hospitals. In the past, hospitals were not taxed because they cared for the sick and poor. They were often operated by religious groups only to provide a public service. Because hospitals were genuine charities and served a public purpose, they deserved tax exemptions. Now, there is little difference between many non-profit hospitals and hospitals run for profit. Non-profit hospitals are big businesses, often run by large corporations. Some supposedly charitable hospitals even turn way or sue patients who cannot pay. These hospitals should not receive property tax exemptions. It is time to tax big-business hospitals unless they really are charities. If a hospital or nursing home does not provide charity care, then it should pay property taxes. If this amendment Passes, any hospital or nursing home that is set up to be ion profit would be tax-exempt, even if it gives no charity care at all. There will be no incentive for hospitals to provide chanty care. Only charitable non-profit hospitals should be tax exempt. By defeating Proposition 1, we encourage hospitals to be 'rue charities. Proposition 1 is too vague, and could allow hospital to 'void taxes unfairly. The field of health care changes every day. Given the way the amendment is worded, it is difficult to know hwit might be interpreted. Clinics and other medical facilities mght qualify as tax-exempt if they are set up as non-prolit corporations. Passing this amendment could encourage many institutions to set up as non-profit corporations just to avoid taws. County boards of equalization could not review the status of these hospitals and nursing homes. Now, counties can require """ profit hospitals to pay taxes, depending on how rnucn Parity care they give. Let's not give tax exemptions thai ar'l justified! Unfair tax exemptions cause higher taxes for everyone . If nursing homes and hospitals take unfair advantage ol tn s amendment to avoid paying taxes, we will lose tax dollars. All 'payers will have to pay more to make up for the loss. One oi thf reasons that property taxes are so high now is there are relatively few people in the state who are required to pay Property taxes. Proposition 1 would leave other taxpayers ml an unfair tax burden. Vote "AGAINST" Proposition 1! Reoresentative Joseph M. Moody Kepresen ?2 West 10o North Delta, Utah 84624 Representative Spencer Wyatt P 204 East Elberta Drive Ogden, Utah 84404 gf said, r.theclassroom for his or her Dr. Cox said Rebuttal to Arguments Against Proposition No. 1 The Utah State Legislature passed overwhelmingly Propo- sition 1 by a vote of 25 to 2 in the Senate, and 61 to 9 in the House of Representatives. The Legislature passed this proposition: I I. To clarify the recent Utah Supreme Court rulings on property tax exemptions. Unless Proposition 1 is passed, j these ruHngs may take several years and hundreds of ! thousands of dollars in hearings and legal expenses to ! clarify, resulting in increased cost to patients. Non-profit f1 hospitals like Primary Children's Medical Center, which a provide millions of dollars in charity care, may be taxed because the court's rulings are vague and difficult to apply. j11 II. Non-profit hosptials and for-profit hospitals AKE dif- jj, ferent. All revenue generated by non-profit hospitals is us used to provide new equipment, facilities, and services for ja the communities they serve. For-profit hospitals distribute $ a portion of their earnings to investor owners. Non-profit us hospitals have no investor owners, only exist to benefit the irc communities they serve, and under traditional American law have been exempt from taxes. ( III. To continue an exemption which has existed since . KM statehood. The proposition is clear and precise. Only lei non profit hospitals and nursing homes as defined by state ,ts statute will qualify for exemption. No new exemptions will ;ie be created. j IV. To avoid a new tax on the sick, the elderly, and the poor, J those who can least afford it. The proposition will avoid a new regressive sick tax of the worst kind: the sicker you are the more you will pay. j Vote "FOR" Proposition 1. Avoid a new sick tax. n Senator Warren E. Pugh 5124 Cottonwood Lane s' Salt Lake City, Utah 84117 .sh bee Senator Fred W. Finlinson j b 720 Shiloh Way jn 1 Murray, Utah 84107 rtei yD ick it i oks i ni ictic that le y r th rn a ;e m ibite Us. : weai urch eels g the :m or uple und vboy ngs. , "Z 1 o r COMPLETE TEXT OF PROPOSITION NO. 1 1 EXTENSION FOR NON PROFIT HOSPITALS AND NURSING HOMES A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; RELATING TO REVENUE AND TAXATION; EXTENDING THE PROPERTY TAX EXEMPTIONS EXEMP-TIONS TO INCLUDE AN EXEMPTION FOR HOSPITALS; AND PROVIDING FOR RETROSPECTIVE OPERATION. THIS RESOLUTION PROPOSES TO CHANGE THE UTAH CONSTITUTION CONSTITU-TION AS FOLLOWS: AMENDS: ARTICLE XIII, SEC. 2 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 XIII, Sec. 2, Utah Constitution, to read: Sec. 2. (1) All tangible property in the state, not exempt under the laws of the United States, or under this Constitution, shall be taxed at a uniform and equal rate in proportion to its value, to be ascertained as provided by law. (2) The following are property tax exemptions: (a) The property of the state, school districts, and public 1 libraries; (b) The property of counties, cities, towns, special districts, j and all other political subdivisions of the state, except that to !the extent and in the manner provided by the Legislature the property of the county, city, town, special district, or other political subdivision of the state located outside of its geographic boundaries as defined by law may be subject to the ad valorem property tax; (c) Property owned by a nonprofit entity which is used exclusively for religious, charitable! hospital, nursing home, or educational purposes; and .l (d) Places of burial not held or used for private or corporate 1 benefit. (3) Tangible personal property present in Utah on January 1, I m., which is held for sale or processing and which is shipped to , j final destination outside this state within 12 months may be deemed by law to have acquired no situs in Utah for purposes of .! ad valorem property taxation and may be exempted by law from such taxation, whether manufactured, processed, or produced or otherwise originating within or without the state. J (4) Tangible personal property present in Utah on January 1, m., held for sale in the ordinary course of business and which y constitutes the inventory of any retailer, or wholesaler or manufacturer or farmer, or livestock raiser may be deemed for f purposes of ad valorem property taxation to be exempted. (5) Water rights, ditches, canals, reservoirs, power plants, 3 pumping plants, transmission lines, pipes and flumes owned and ale used by individuals or corporations for irrigating land within the 1 state owned by such individuals or corporations, or the individual members thereof, shall be exempted from taxation to the extent that they shall be owned and used for such purposes. (6) Power plants, power transmission lines, and other property used for generating and delivering electrical 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 to the benefit of the users of water so pumped under such regulations as the Legislature may prescribe. (7) The taxes of the poor may be remitted or abated at such times and in such manner as may be provided by law. (8) The Legislature may provide by law for the exemption from taxation: of not to exceed 45 of the fair market value of residential property as defined by law; and all household furnishings, furniture, and equipment used exclusively by the owner thereof at his place of abode in maintaining a home for himself and family. (9) Property owned by disabled persons who served in any war in the military service of the United States or of the state of Utah and by the unmarried widows and minor orphans of such disabled persons or of persons who while serving in the military service of the United States or the state of Utah were killed in action or died as a result of such service may be exempted as the Legislature may provide. (10) Intangible property may be exempted from taxation as property or it may be taxed as property in such manner and to such extent as the Legislature may provide, but if taxed as property the income therefrom shall not also be taxed. Provided that if intangible property is taxed as property the rate thereof shall not exceed five mills on each dollar of valuation. (11) The Legislature shall provide by law for an annual tax sufficient, with other sources of revenue, to defray the estimated 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 of such debt, within i years from the final passage of the law creating the debt. Section 2. The lieutenant governor is directed to submit proposed amendment to the electors of the state of Utah at the next general election in the manner provided bylaw, Section 3. If approved by the electors of the state the amendment proposed by this joint resolution shall hjyi retrospective operation for taxable years beginning January-' 1986. - iau. wtJUl fV" . " auuMVM - " 1 WjeWlimlli(lf For O Against O Proposition No. 2 PROPERTY TAX EXEMPTION FOR FARM EQUIPMENT AND FARM MACHINERY ve cast by the members of the 1986 Legislature on final passage: H0USE (75 members): Yeas, 50; Nays, 21; Absent or not voting, 4. SENATE (29 members): Yeas, 21; Nays, 6; Absent or not voting, 2. 'M.mmmJ?STMm for his or her Dr. Cox said '"" "'"1-"'"it"in!itv5iui.achers 1 I .. . 1 !, Official Ballot Title: Shall Article XIII, Section 2 be amended to allow farm equipment and farm machinery 1 as defined by the Legislature to be exempt ' , from property tax; and to provide for ! implementation of the exemption over a period of time as provided by the a Legislature? & hi I I us ' la tr us !rc kt: i 501 lei ,ts ts j . n. j IMPARTIAL ANALYSIS thj froposal state constitution provides for the taxation of property. Any emption from the property tax must also be included in the institution. Present agricultural exemptions from the property tax clule: irrigation equipment, power plants and electrical equipment sei to provide power for irrigation, and livestock. ps Farmers now pay personal property taxes, like the taxes paid on industrial machinery, on all farm equipment and machinery, ii "Position 2 passes, farm equipment and machinery as defined by Legislature would be exempt from property tax. If it fails, farmers Wouli continue to pay taxes on their farm equipment and machinery. T"e proposed amendment allows the Legislature to apply the WmPtion for farm equipment and machinery gradually. I 111 Effective Date rs, If approved by the voters, this amendment would take effect on s-January s-January 1, 1987. However, since the amendment allows the sh' Legislature to implement the tax exemption over a period of time, the bee exemption may not be fully implemented during the 1987 tax year. 1 b ,in I Fiscal Impact rtec The annual loss in property tax revenues from this amendment V D will depend on the schedule of implementation adopted by the ick Legislature. Based on current State Tax Commission definitions for it i: farm equipment and farm machinery, it is estimated that this oks exemption, when fully implemented, would reduce property tax revenue for local governments and school districts by $1.75 million to i ni $2.0 million per year. ictio that le yc r th( rn a ;e mi ibitei Us. 5 wear urch eels i I thei !m on uple ( und vboy Arguments For Agriculture has long been recognized as Utah's most basic industry. In fact, the lifestyle we enjoy in this state is highly dependent upon a strong, healthy agricultural economy. Profi- table conditions for our farmers and ranchers not only mean that I grocery store shelves will continue to be full, offering Utah's 1 consumers a wide variety of wholesome food at some of the lowest prices found anywhere in the world, but, that a large number of businesses and jobs related to our agricultural industry will also be preserved. It is therefore in everyone's best interest to ensure favorable conditions for agriculture. The Utah Legislature recognizes that agriculture and other businesses are struggling financially, but the real issue is equity. Our constitution intended for tax burdens to be distributed equitably, but over time an inequity has developed regarding personal property. While the average Utah taxpayer pays about 3 of his net income in property taxes and the average business pays about 5, our Utah farmer now pays nearly 49 of his net income in property taxes each year. The Legislature overwhelmingly passed Proposition 2 j because your lawmakers recognized the need to amend the y constitution to allow for a more equitable distribution of the property tax burden. Your "yes" vole will ensure that Utah " agriculture will continue to produce the highest quality food and fiber found anywhere in the world, at the lowest ji possible cost, and protect the viability of many Utah businesses rA whose future depends on our farmers and ranchers. jy ' Senator Cary G. Peterson 1 406 East 500 North M Nephi, Utah 84648 ij We believe it is in the best interest of every Utahn to vote 1 "FOR" Proposition 2 for the following reasons: J 1. It is a matter of equity. The average worker in Utah pays " just over 3 of his income in property tax. The average jC business pays an average of 3 to 5 of its income in j property tax. The average farmer and rancher in Utah ) during the last ten years paid 27 of his income in property X'-v-i tax, and during the last two years paid 49 of his net farm income in property tax. Property tax on Utah farms and ilj ranches has increased 129 since 1975, yet their income has decreased. JrtE 2. It will cost Utahns more for food if Utah farmers and 1 ranchers are forced out of business. If the average family t of four pays $100 per week for food, a 2 rise in the cost of food means each family would have to pay $104 more per - J year for food. The trucks that deliver Utah-produced beef, 1 cheese, and flour to California bring back lettuce, straw- i berries, oranges, and vegetables. If that food had to be trucked in from California without Utah products back- - J hauled to California, food would cost more than it now does. 3. The total cost of this proposition is under $1 per person. That's less than an average hamburger! A yes vote will tell Utah's farmers and ranchers that we believe in equity in taxes, and will help hold the price of food down for all Utahns. J Representative Evan L. Olsen 2009 South 3200 West, Route 1 I Young Ward, Utah 843:39 1 Rebuttal to Arguments in Favor of Proposition No. 2 The supporters of Proposition 2 claim the average Utah farmer pays 49 of his net income in property taxes. This claim is misleading! It implies that Proposition 2 would reduce property taxes on land. Farmers pay the majority of their property taxes on land. In fact, Proposition 2 will not affect taxes on land - only property taxes on farm equipment. Taxes on farm equipment are a very small part of a farmer's property taxes. Only two-tenths of one percent of gross income is needed to pay personal property taxes (on equipment and machinery) by farmers in Utah. Passing Proposition 2 will hardly affect the average farmer's overall property tax burden. We have already given farmers breaks on property taxes. To be fair to farmers, the Green Belt exemption on farms lowered the property tax on farmland. Also, there are no property taxes on irrigation systems, no taxes on livestock, and no sales tax on farm equipment. Proposition 2 would apply to all "farmers", regardless of need. If it passes, it will become just one more tax benefit that may be abused by people who take unfair advantage of the tax benefits available to farmers. Other citizens who don 't have the income to use these tax dodges will have to bear more taxes. Proposition 2 will be difficult to administer. No one knows what it will cost the state, since no one knows what will be considered "farm equipment". Administering it will be expensive. Proposition 2 will encourage abuse and make property taxes less fair. Vote "AGAINST" Proposition 2! Senator Karl G. Swan 347 Upland Drive Tooele, Utah 84074 Representative Franklin W. Knowlton House Chairman, Revenue and Taxation Interim Committee Box 426 Layton, Utah 84041 -- - wicu. fttrtJ r v. - - - - - 'f i ulim pi1 Arguments Against Farming is a vital American industry. Consequently government, govern-ment, particularly the federal government, has established many and varied programs over the last 125 years to assist farmers and American agriculture. This has benefitted all Americans. Because the federal government during the last six years has done so poorly by American agriculture, I see the present state effort to give "farm aid" by way of property tax exemptions on farm equipment as a poor, inequitable, and certainly anti-free enterprise manipulation of our state lax system. This exemption should not be allowed in the constitution! Although some farmers are struggling right now, in the future they may not be. The constitution is hard to change. If we place a special exemption in the constitution, it will be hard to take out later if necessary. The constitution is not the place for an exemption of this sort. The Legislature has already helped farmers through the Green Belt amendment. For example, property used for farming is taxed at a fraction of its value, and all livestock and irrigation equipment is tax exempt. Farmers already benefit from tax breaks that save them millions of dollars in taxes each year. It is not fair to give one group of businessmen, in this case farmers, further tax breaks at the expense of other businesses and individuals! To avoid higher taxes which might be imposed on other Poups, I recommend voting "AGAINST" Proposition 2! Senator Karl G. Swan 347 Upland Drive ' Tooele, Utah 84074 Proposition 2 would increase the burden on other payers. Property taxes, including taxes on land, buildings and Personal property (like equipment and cars), are established ' "ie Utah Constitution. There are few exemptions, and new exemptions cannot be added without a vote of the people, ine constitution intended that everyone pay taxes, because everyone Reives the benefits of government. Further exemptions UKe hse proposed by Proposition 2 would make others pay more taxes. , Taxes should be fair! The fairest tax is a badly applied with few exemptions. Fair exemptions should be given w ""Wie, or to as many as possible. Exemptingonly farmers lrom P.r,Perty faxes on equipment is not fair. It means taxpay hkyou and me M have to bear more of the tax burden. farmers and not others? To be fair, this exemption Wo"'1 have to be given to other groups and industries on Wpment constitute up to 60 of property taxes paid by some ""toWes. Several groups have already asked for a s mUar "Ption. Many of us would like to have our cars exempt from las, too. However, exempting everyone from taxes ; or. equip or care would cause massive tax increases n homes na "Besses, I, is not fair to give an exemption like this only farmers. To keep property taxes fair, and as low as possible , let's not allow exemption! that are unfair to most Utahns! f we csn't grant this exemption fairly, let's not grant it at all. vte "AGAINST" Proposition 2! Representative Franklin W.Knowlton Layton, Utah 84041 liofsaicLx .the -classroom for his or her Dr. Lox saia i Rebuttal to ! Arguments Against Proposition No. 2 Opponents to the passage of Proposition 2 have suggested that exempting farm machinery from property tax is inequitable . and unfair because it shifts the tax burden to other property. In " fact, it does shift the tax burden and it should because farmers i are now paying a disproportionate share of their income on property taxes (nearly 50). Please remember that farmers own j homes and automobiles and other personal property, too. ! We must correct the inequity in the tax system to help C preserve Utah agriculture, the food machine that feeds us all I - j three times a day. j. Some argue that such an exemption does not belong in the constitution. More than two-thirds of our legislators ts disagree. tis las Please vote "FOR" Proposition 2. jth Senator Cary G. Peterson iisi 406 East 500 North ro Nephi, Utah 84648 ritl For those who say we should treat those in agriculture the ' same as other businesses, we agree. However, there is a law in - ? Utah that allows most businesses to mark their product up at ; least 6 above cost, before resale. Farmers cannot set their prices, and their products are selling below cost of production. f Farmers are caught in the middle. The constitution drafted in 1895 under very different ts conditions allows for change as conditions change. In 1895 the n. j majority of Utahns were directly involved in agriculture. Now only 2 are farmers. th j With the very expensive machinery they use and their ! ni products selling below cost, they cannot continue to operate. At rs- least 12 other states, including Colorado, Oregon, Nebraska, and s- Texas have exempted farm machinery from property tax. Representative Evan L. Olsen j 2009 South 3200 West, Route 1 in y Young Ward, Utah 84339 rtec yD ick it i: oks i ni ;ctio that ie yc r th rn a :e m ibitei its. ! wear urch eels the :m or jple i und vboy ngs. 1 Jlen 1 Myie is similar 1 " ' L .r-i .- - COMPLETE TEXT OF PROPOSITION NO. 2 PROPERTY TAX EXEMPTION FOR FARM EQUIPMENT AND FARM MACHINERY A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; PROVIDING AN EXEMPTION EXEMP-TION FROM THE PROPERTY TAX FOR FARM EQUIPMENT AND FARM MACHINERY; PROVIDING FOR AN IMPLEMENTATION ' PERIOD; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION PROPOSES TO CHANGE THE UTAH CONSTITUTION CONSTITU-TION AS FOLLOWS: AMENDS: ARTICLE XIII, SEC. 2 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 XIII, Sec. 2, Utah t Constitution, to read: Sec. 2.(1) All tangible property in the state, not exempt under the laws of the United States, or under this Constitution, shall be taxed at a uniform and equal rate in proportion to its value, to be T ascertained as provided by law. I (2) The following are property tax exemptions: A (a) The property of the state, school districts, and public j libraries; Yi (b) The property of counties, cities, towns, special districts, ; and all other political subdivisions of the state, except that to the extent and in the manner provided by the Legislature the property of the county, city, town, special district, or other --j political subdivision of the state located outside of its geographic f boundaries as defined by law may be subject to the ad valorem fjj property tax; fl (c) Property owned by a nonprofit entity which is used jJH exclusively for religious, charitable, or educational purposes; j (d) Places of burial not held or used for private or corporate 1 benefit t ; and i e Farm equipment and farm machinery as defined by f 1 statute. This exemption shall be implemented over a period of "-, time as provided by statute. (3) Tangible personal property present in Utah on January 1, j m., which is held for sale or processing and which is shipped to A final destination outside this state within twelve months may be deemed by law to have acquired no situs in Utah for purposes of ijjj ad valorem property taxation and may be exempted by law from 4 such taxation, whether manufactured, processed or produced or jT otherwise originating within or without the state. j (4) Tangible personal property present in Utah on January 1, t m., held for sale in the ordinary course of business and which constitutes the inventory of any retailer, or wholesaler or j manufacturer or farmer, or livestock raiser may be deemed for purposes of ad valorem property taxation to be exempted. ' - (5) Water rights, ditches, canals, reservoirs, power plants, 1 pumping plants, transmission lines, pipes and flumes owned and m ale used by individuals or corporations for irrigating land within the state owned by such individuals or corporations, or the individual members thereof, shall be exempted from taxation to the extent that they shall be owned and used for such purposes. (6) Power plants, power transmission lines and other property used for generating and delivering electrical 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 to the benefit of the users of water so pumped under such regulations as the Legislature may prescribe. (7) The taxes of the poor may be remitted or abated at such times and in such manner as may be provided by law. (8) The Legislature may provide by law for the exemption from taxation: of not to exceed 4556 of the fair market value of residential property as defined by law; and all household furnishings, furniture, and equipment used exclusively by the owner thereof at his place of abode in maintaining a home for himself and family. (9) Property owned by disabled persons who served in any war in the military service of the United States or of the state of Utah and by the unmarried widows and minor orphans of such disabled persons or of persons who while serving in the military service of the United States or the state of Utah were killed In action or died as a result of such service may be exempted as the Legislature may provide. (10) Intangible property may be exempted from taxation as property or it may be taxed as property in such manner and to such extent as the Legislature may provide, but if taxed as property the income therefrom shall not also be taxed. Provided that if intangible property is taxed as property the rate thereof shall not exceed five mills on each dollar of valuation, (11) The Legislature shall provide by law for an annual tax sufficient, with other sources of revenue, to defray the estimated 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 of such debt, witlm twenty years from the final passage of the law creating the debt. Section 2. The lieutenant governor is directed to subrnjt thji proposed amendment to the electors of the state of Utah, at M next general election in the manner provided by iMi Section 3. If approved by. the electors of the state iti amendment proposed bv this joint resolution shall, take effectPJ January 1, 1987. wjiv tij wiiilllUI J I Willi For O ; Against O Proposition J No. 3 i h i EDUCATION ARTICLE REVISION membere f 1986 Legislature on final Pe: A " ll j memberS): YeaS' 52; Nays' "! Absent or not voting, 12 SENATE (29 members): Yeas, 25; Nays, 4; Absent or not voting, 0. ' A iU WW u -j'J L , Official Ballot Title: Shall Article X, Sections 1, 2, 3, 4, 5, 8, 12, and 13 be amended and renumbered, and Article X, Sections 7, 9, 10, and 11 be repealed, and Article VII, Section 17 and Article XIII, Section 7 be repealed to : provide an Education Article which: retains a public education system and establishes i. a higher education system; provides for public elementary and secondary schools to be free, while allowing the Legislature to 1 authorize fees in the secondary schools; retains an elected board of education; k allows the Legislature to provide for the governance of the higher education system; prohibits state and local governments from making appropriations for the direct support of educational institutions con- , ( trolled by any religious organization; repeals language in the Revenue and Taxation Article relating to education; repeals certain obsolete provisions; makes tech- i nical changes; and provides an effective date of July 1, 1987? L,"-,,,.,,."- I.,..', .1'.' .. . ...... "mmlli J Jf ( IMPARTIAL ANALYSIS n Proposal 2 intn f6 PrWiSi?nS f tHe Educati0n Article Re be divided r into four general categories: mI CnnS;H?1Ure Govern,ance of Eductin - The present Utah Constitution mentions only one system of education: a public school system which includes "kindergarten schools; common schools consisting of primary and grammar grades; high schools, an agricuL J tural colleSe; a university; and such other schools as the Legislature may establish." The constitution establishes an elected State Board of Education to control the public school system. Shortly after statehood, new colleges and universities were formed. They were controlled in different ways, but at no one time was all of higher education controlled by the State Board of Education Colleges and universities were generally separated from the public : education system. In 1969, the Legislature created a system of higher education for the colleges and universities of the state. At the same I tlnle' the glature created a State Board of Regents to control and supervise the system of higher education. The State Board of Regents 1 is appointed by the governor. 8 p In 1972, the State Board of Education sued the State Board of 23 Re8ents claim'ng that the higher education system was unconstitu tional since the constitution did not provide for the creation of s system of higher education separate from public education. The L'uh Supreme Court decided that the practice of having two education systems was constitutional. The proposed constitutional revision provides for two systems"' education: a. Public Education System: Includes all public elementary and secondary schools, plus any other schools and programs that the Legislature may designate. An elected State Board of Education is given the control and supervision of the system (as in Itie present constitution). b. Higher Education System: Includes all public universities and colleges, plus any other institutions and programs that W Legislature may designate. The control and supervision of tW system is to be established by statute. The Legislature is allowed to place additional programs in each system so that certain programs and institutions, such as vocational education, may be assigned to the appropriate system. 2. Free Education The present constitution provides only that common schools (grades 18) shall be free. The revision states thai awchares.,were ., issued Part ot me public elementary and secondary schools are free, but permits the Legislature to allow fees to be charged in the secondary schools. !. Prohibition of Direct Support - The present constitution prohibits state and local governments from making any appropriation toaid in the support of schools controlled, even in part, by a religious organization. The meaning of this provision is not completely clear. It nay prevent governments from paying a school controlled by a religious organization for a service of benefit to the state. The revision siales that state and local governments may not make any appropriation appropria-tion for the direct support of a school or educational institution controlled by a religious organization. This clarifies and probably expands the power of state and local governments to offer certain Ws of indirect support. Other Changes -The revision makes a number of other changes. Sis sections are either eliminated from the constitution or moved into other sections, as follows: Article X, Section 7: Section 7 guarantees the school trust funds against loss or diversion. Similar language has been included in Article X, Sections 5 and 7 of the revision. Article X, Section 9: Section 9 states that neither the Legislature nor the State Board of Education mayprescribe the textbooks to be used in the common schools. Since 1909, the State Textbook Commission has been prescribing the textbooks to be used in trie schools. The revision eliminates this section to comply witn actual practice. c Article X, Section 10: Section 10 establishes institutions for the H dumb, and blind, and requires that proceeds from lanos given by the United States Government to the state to support 'tee institutions be placed in a trust fund. Although , tne "vision eliminates this section, these institutions will continue 10 exist by statute and the state's Enabling Act. 4 tele X, Section 11: Section 11 requires that the metric system 'aught in the public schools of the state. This is tne y ifi id ion tH jji K t' ti the classroom :J required class mentioned in the constitution. Otherwise the L, Legislature, the State Board of Education, and local school ' boards decide what classes are required. The revision eliminates this section. j e Article VII, Section 17: Section 17 states that the Superintendent ; of Public Instruction shall perform duties as provided by law. The revision eliminates this section, but the office of the Superintendent Superin-tendent of Public Instruction is still mentioned in Article X, Section 3. f Article XIII,' Section 7: Section 7 currently places a 2 and 410 mill levy limit on the state property tax for general state fK purposes, and allows the Legislature to make an additional levy a for education. The state property tax has not been imposed since ill the early 1970s. Therefore, the limit has not been used. (The hi present property tax is a local tax.) Section 7 also states that the Legislature may determine the method of allocating state funds ts to the school districts. The revision eliminates this section. Us ia: In addition, there are changes that modernize language in the jth constitution. Some sections have also been renumbered. Effective Date If approved by the voters, the revision would become effective j July 1, 1987. ?0' le ' Fiscal Impact ts The proposed constitutional amendment provides that the lie nublic schools be free, but allows the Legislature to authorize fees in secondary schools (grades 7-12). Fees are already allowed in grades he; 7 12 by statute. The fiscal impact of the fees cannot be estimated, ts since it will depend on future legislative action and state and local n. school board implementation. Additionally, school land adminis- , trative costs which are now funded with school land revenues, may th require clarification by the Legislature as to the future source of j r funds for these costs. rs, s. iSl be ii 1 m ;rt( iyi kck it ok: ; i scti tha ie' r t rn :e i ibil its. we urc eel: ?tl ;m upli unc vbo ngs 31ei btyie is similar I - Arguments For Proposition 3 simply puts current practice into the constitution. The state's education systems have grown and . changed, but the Education Article of the Utah Constitution has not been revised since it was written in 1898. It contains archaic language and practices. For example, the present constitution prohibits a State Textbook Commission, even though the state has had one since 1909. Also, the constitution now includes an agricultural college and a university in the public education system, which has not been the practice for many decades. Proposition 3 provides clear, simple constitutional language. The present constitution is filled with unclear, ; . ' unnecessary language. It requires, for example, that the metric system be taught in the schools. Perhaps it should be taught, but why say so in the constitution? Such matters should be determined by law, not the constitution. Proposition 3 ends uncertainty about education governance. The Utah System of Higher Education' was J established by law in 1969. Even though the governance i structure has been very successful, there has been uncertainty 1 about the system's authority because of unclear constitutional ' j language. Proposition 3 clearly makes the public education i system responsible for elementary and secondary education, and ' V j the higher education system responsible for college and 1 university education. f Proposition 3 guarantees a free public education. The A present constitution states only that the common schools-- . ; grades 1-8 shall be free, but the state has furnished basic ' . Q education free through grade 12 for many years. Proposition 3 If makes this practice constitutionally legitimate. It also gives the Legislature the right to authorize local boards to set fees. for A limited purposes in high schools. Fees in the early grades are 1 still prohibited. 5 Proposition 3 allows for laws to change as needs change. f l Because the Proposition is streamlined, it leaves many non- V constitutional matters where they belong with the Legislature. ' A vote for Proposition 3 is a vote for education in Utah! 'A The State Board of Education and the State Board of Regents 4 agree that Proposition 3 makes necessary changes to improve ill education in Utah. Now is the time to revise the constitution so 3 the school boards can get on with the substantive issues of ifJy education. Senator Lyle W. Hillyard T 175 East First North A Logan, Utah 84321 nf Representative G. LaMont Richards '. ' P.O. Box 25717 . j Salt Lake City, Utah 84125 ) Sale I . Rebuttal to Arguments in Favor of Proposition No. 3 Proposition 3 changes the current relationship of church ; and state regarding aid to religious institutions by allowing the 1 : state to provide indirect aid. In the current constitution, the . state may not make any appropriation in support of schools or institutions owned in whole or in part by any religious organization. Proposition 3 prohibits the state only from making any appropriation for direct aid, leaving the door open for appropriations of indirect aid to church facilities. If indirect aid is intended, what is meant by indirect aid ' should be clearly stated in the constitution and not left to state and federal courts to decide. The principles governing the separation of church and state must always be clear if both entities are to coexist in a friendly atmosphere. Representative Dale Warner 1761 Hillside Circle Ogden, Utah 84403 ' " --- 4UAnnliAail Arguments Against While there are worthwhile revisions in the proposed i article, there is one concern that is so important that the article ' should not be passed until this matter is properly addressed. The new wording changes the current relationship of church and state in the law regarding aid to religious institutions. institu-tions. In existing law, the state may not make any appropriation to aid in support of schools or institutions owned in whole or in part by any religious organization. The new wording prohibits the state only from making any appropriation for direct aid, leaving the door open for the giving of indirect aid to church-owned church-owned facilities. As church-owned institutions test this new law to find out i what indirect aid they will be entitled to, the state of Utah will then have to turn to the federal constitution for its guide in attempting to resolve the issues. Obviously, if this revision Passes, we are setting the state up for countless law suits at taxpayer expense, as the courts will have to decide what is meant by indirect aid in light of the federal constitution. It does not make sense to word our state constitution so that it is not clear, and require the state to go through court cases to determine what indirect aid is. If indirect aid is '"tended, it should be defined and clearly .stated. The principles governing the separation of church and "ate should be clear if both entities are to coexist in a friendly atmosphere. Representative Dale Warner 1761 Hillside Circle Ogden, Utah 84403 Proposition 8 doesn't revise anything! All this revision does is restate the status quo. It doesn't give more flexibility to Legislature, and it doesn't solve the problems of education in "'ah. Changes are needed in education, but this revision cuts off Possibility of change! The Legislature should make the basic decisions about cation. Any revision should allow the Legislature to deter- what educational systems are needed, and where cuts ld be made. Proposition 3 limits what can be done to solve ""cation's problems. . Proposition 3 ignores vocational education! This revision f 0 not make clear where vocational education belongs. In tact, up a turf battle between public and higher education over whill administer vocational education. Vocational education been a stepchild to the rest of education all too long, but Proposition 3 does nothing to solve this problem. Proposition 3 kavea vocational education in Umbo! , , Proposition 3 prevents the legislature from streamlining Ration and reducing the bureaucracy. This region retains he State Board of Education in the constitution. HP.d' "Mature will be unable to increase efficiency in education ty "eamllning the educational bureaucracy. . Defeating Proposition 3 will send a message to our elers that it's time for efficiency and a reduction in the "weaucracy in education. vote "AGAINST" Proposition 3! Reoresentative Scott W. Holt P 1327 West 1700 South Syracuse, Utah 84041 hiatcairi tne ciassruurn lur ins ui ne. ui. v-ua som - - ii'.ichersj Rebuttal to ; Arguments Against Proposition No. 3 Proposition 3 revises the constitution to bring it in line ! with statutory practices, such as the board of regents, which have evolved over many years. The current system is working well, and should be placed in the constitution to eliminate confusion and court challenges. Within the basic structure I outlined by Proposition 3, the Legislature can make meaningful changes to save money and improve education. Proposition 3 does not ignore vocational education! Proposition 3 ends the confusion over vocational education governance by allowing the Legislature to decide which board should govern various vocational education programs and P1 institutions when the two boards cannot agree. Some areas of ! vocational education are best handled by the public education system, while others are best handled by the higher education s system. It would be expensive and wasteful to create a separate fa: constitutional board for vocational education! Ith bs Proposition 3 prohibits direct state support of church ro schools, while allowing flexibility that will serve the state's j interests. By forbidding indirect support of church schools, the current constitution may prohibit contracts that could benefit -0 the state between the state and church schools. Proposition 3 ( forbids only direct support. It is more in line with the U.S. s Constitution and federal court decisions allowing limited . Indirect aid to church schools. By following the federal constitution, Proposition 3 gives greater flexibility and uni- I formity with other states. ! ' This revision is supported by both the Board of Education n . 1 and the Board of Regents! It clears up conflicts about governance while leaving the power to improve education with th j the Legislature. n We need Proposition 3! s Senator Lyle W. Hillyard , sh 175 East First North bee, Logan, Utah 84321 ji b Representative G. LaMont Richards ''n P.O. Box 25717 :rtec Salt Lake City, Utah 84125 Di ick .' it i: oks ; ni ;ctio; that le yo r th( rn a ;e mi ibitec its. S wear urch eels ; I thei !m on uple ( und vboy ngs. ' 1 1 in.. in Jlen X COMPLETE TEXT OF PROPOSITION NO. 3 EDUCATION ARTICLE REVISION A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; RELATING TO THE EDUCATION ARTICLE; PROVIDING FOR THE ESTABLISHMENT OF A PUBLIC EDUCATION SYSTEM AND A HIGHER EDUCATION SYSTEM; PROVIDING FOR RESTRICTED FUNDS FOR THE EDUCATION SYSTEMS; PROHIBITING PARTISAN OR RELIGIOUS TESTS FOR PARTICIPATION IN THE STATE'S EDUCATION SYSTEM; PROHIBITING STATE APPROPRIATIONS FOR THE DIRECT SUPPORT OF EDUCATIONAL INSTITUTIONS CONTROLLED BY RELIGIOUS ORGANIZATIONS; CLARIFYING LANGUAGE IN THE REVENUE AND TAXATION ARTICLE RELATING TO EDUCATION; REPEALING CERTAIN OBSOLETE PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. THIS KI.SOLUTION PROPOSES TO CHANGE THE UTAH CONSTITUTE CONSTITU-TE AS FOLLOWS: RENUMBERS AND AMENDS: ARTICLE X, SECS. 3, 5, 8, 12, AND 13 AMENDS: ARTICLE X, SECS. 1, 2, AND 4 REPEALS: ARTICLE VII, SEC. 17; ARTICLE X, SECS. 7, 9, 10, AND 1 1 ; ARTICLE XIII, SEC. 7 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the wo houses voting in favor thereof: Section 1. It is proposed to amend Article X, Sees. 1 and 2, renumber Sec. 8 to Sec. 3, amend Sec. 4, renumber Sec. 3 to Sec. 5, renumber Sec. 5 to Sec. 7, renumber Sec. 12 to Sec. 8, renumber Sec. 13 to Sec. 9, and to amend, as renumbered, to read: See. 1 . The Legislature shall provide for the esl ablishment and maintenance of a uniform system of pttbtie schools) the state's education system including: (a) a public education system, which shall be open to all children of the state ;; and (b) a higher education system. Both systems shall be free from sectarian control. Sec. 2. The public school education system shall include kindergarten all public elementary and secondary schools!; I ffmiiiKin schools, consisting of primary and grammar grades; imt schools, an agricultural college; a university; and such oi her schools and programs as the Legislature may establish designate. The higher education system shall include all public universities and colleges and such other institutions and programs as the Legislature may designate. Public elementary and secondary schools shall be free, except the i Legislature may authorize the imposition of fees in the secondary schools. The other departments ef the system shaH , he supported as provided by law: 1 lH'J-U ' (v'eT 8, The general control and supervision of the public School education system shall be vested in the Stale Board of Education the members . The membership of whteh 1 the board shall be established and elected as provided by law J statute. The State Board of Education shall appoint the a State Superintendent of Public Instruction who shall be the executive officer of the board. Sec. 4. The location and establishment by existing laws of '! Vtsy .f Fiah, and Hte .A.-w-Hftwal ( 'nllege are herehv ;.fl :t: Hii- I genera! 'minaiii! supervision of the J.V.hr '"''.Kv.Lioii system shall be provided for by statute. All rights, immunities, franchises, and endowments heretofore granted or conferred, are hereby perpetuated tmto sard University 1 amf Agricultural Gotiege respectively originally established or 6 recognized by the constitution for any public university or college are confirmed. le Sec, 5 Set- 3. (1) E-xeept as provided by statute for tkt necessary cost ef tetwl administration, There is established a permanent State School Fund which shall consist of revenue fro in the following sources: (a) proceeds ef from the salesofall lands that have been or may hereafter be granted by the United States to this state; for the support of the public elementary and secondary schools;; (b) 5 of the net proceeds efta the sales of United States public lands lying within the states ami soM by the totted States subsequent to the admtsstofl ef this state ( into the Union, ; (c) all revenues derived from the tree of nonrenewable resources from on school or state lands, other than those lands granted for other specific purposes;! and (d) other revenues as appropriated by the Legislature:, The State School Fund principal shall be Land remitm permanent fond; to be eaHed the State Seheoi Ftmd; thesafeJi invested and held by the state jn perpetuity. The interest of whieh the State School Fund only ; shall be expended forthe support of the public elementary and secondary schools. lie Legislature by statute may provide for necessary adminislraliS costs. The State School Fund shall be guaranteed by. the state against loss or diversion. (2) There is established a Uniform School Fund which shall consist of revenue from three the following sources: (a) interest from the State School Fund; (b) except as appropriated by the Legislature for the State School Fund, revenues demeo from rite use of renewable resources from on school or slate , lands, other than those granted for specific purposes; and W other revenues which the Legislature may appropriate. If W interest generated by the State School Fund exceeds theamouni of interest required to fund the Uniform School Fund, as appropriated annually by the Legislature, the excess shall pas through to the General Fund. The Uniform School Fund shall k maintained and used for the support of the state's puN elementary and secondary schools and apportioned as Legislature shall provide. Sec. 7 See: 6. The proceeds ef from the sale of far reserved by an Act Acls of Congress ; approved M. im, for tiie establishment or benefit of the yttiver, ami of alt the tends granted by att Aet ef Congress; W." Htthr H state's universities and colleges shall consm permanent funds 7 to be used for the purposes for funds were established. The funds' principal sMiU invested and held by the state; ami eeept as PteT,l statute for rite necessary eest ef tend administration; KI -perpetuity. Any income thereof from the funds shall be exclusively for the support and maintenance of institutions respective universities and cMe&es'TefM. m accordance with the requirements and ewdttttmsef 3w ' ef Congress. The Legislature by statute may EffiS f necessary administrative costs. The funds shall be guaS by the state against loss or diversion. Sec, 8 See: 3 . Neitner No religious iter or partisantest or qualification shall be required of any person; as a con of employment, admission, as teacher or student? ww pit Wie edtteatwn ai ittsrt tttimt of the State or ajiendance ---slate's education systems. Sec, 9 I See: 3 1. Neither the lgtelatttre Ma!2fJJ any eotttrty; eit-y; town; semrnl dmtfiet er WianV eorpomtiett; shall its political subdivisions may n,a , o0'. appropriation to aid in for the direct support of 'any s.j seminary; academy; college, ttniversity or other efl- institution!; controlled m whole, or m part; by any ehwehy srtw denomination whatever religious organization. Section 2. It is proposed to repeal Article VII, Sec. 1 7, Article Uecs. 7, 9, 10, and 11 and Article XIII, Sec. 7, Utah Constitution. Miction 3 Statutes and regulations which are in existence on !h? effective date of this amendment and which are not 1 inconsistent with this amendment shall continue in force and effect until repealed or changed by statute. Section 4, The lieutenant governor 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 5. If approved by the electors of the state the amendment proposed by this joint resolution shall take effect on July 1, 1987. i I t I r s I t jl !r ! k i i o i JC tile ti-le r rri :e ib Us W' ur ee I t ;m up: un vb ng: Sle a i oijfic 10 omiiiai j ----- - - - J Cache, Carbon, Davis, Salt Lake, Summit, Uintah, Washington, and Weber Counties I t i Instructions to Voters FOR PREPARING BALLOTS STEP 2 Be sure the two holes at the top of the card fit over the two red pins on the vote recorder. . ........ -i". I l-THl. rCj TO NEXT PAGE ' . j HOW TO OBTAIN A BALLOT FOR VOTING j 1. Give your name and address to an election judge. "J 2. If your name is on the official register, and your right ;i to vote has not been challenged, the election judge 1 will present a ballot or ballots to you. J NOTE: If an election judge has reason to doubt your identity, the judge shall either, (a) request , identification from you, or (b) have a known registered voter of the district identify you. yi HOW TO VOTE BALLOT , DONOTvote a spoiled or defaced ballot. Identification marks or a spoiled or defaced ballot will render it invalid. If you make a mistake, or if you have aspoiled ordefaced ballot, return it to the l1 judge, who will cancel it and issue you a new ballot. Irfl On receiving your ballot from the election judge, immediately go alone to one of the voting booths and vote your ballot as follows: STEP 1 1 Using both hands, slide the ballot card all the way into the vote I recorder. iA STEP 3 To vote, hold the punch straight up and push down through the card for each of your choices. Vote all pages as instructed. Use j punch provided. Do not use pen or pencil. , 3 'Jdjj a $J ! 'it fl- ,GO Sale "i,!,,,!, j STEP 4 After voting, slide the card out of the vote recorder and place it under the flap of the write-in envelope. .-H H..M,... the classroom for his or tier Dr. Lox said " i i ithirtTu.vtfiacbcr; VOTING FOR CANDIDATES OF ONE PARTY TICKET If you wish to cast a "straight party" vote for all the candidates of one party, punch the position indicated next to the desired party on the first page of the ballot. If you have voted "straight party" you have voted for each candidate of that party. VOTING FOR CANDIDATES OF TWO OR MORE PARTY TICKETS If you desire to vote for candidates of two or more parties you may do this by punching the ballot next to the desired candidate's name as indicated on the ballot. If you have already voted "straight party" and want to vote for a candidate of another party, ' you can do that by punching the ballot next to the candidate's j name. CONSTITUTIONAL AMENDMENTS, VOTING INITIATIVE, AND REFERENDUM QUESTIONS I In case of a constitutional amendment, initiative, or refe- rendum submitted to a vote of the people, you punch the ballot by the answer you wish to give. The amendment, initiative, or r referendum will be in the form of a question. Vote "FOR" if you j wish to answer "yes", and "AGAINST" if you wish to answer "no." VOTING NON-PARTISAN CANDIDATES j Judicial, state school board, local school board etc., are non- partisan contests. They are located on the last pages of your ballot. The vote recorder copy contains instructions telling how many persons should be selected for each office. fie HOW TO OBTAIN ASSISTANCE IN MARKING BALLOT is If you are blind, disabled, unable to read or write, unable to n' read or write the English language, or physically unable to enter a polling place, you may be given assistance by a person of your , choice. The person giving assistance may not be your employer, an j-s, agent of your employer, or an officer or agent of your union. The s. person giving assistance shall not in any manner request, i si persuade or induce you to vote for or against any particular N candidate or issues. f! un irtt lyi kck it oks I b r icti tha le y r tl rn j te n ibiti its. wea iurcl eels g th !m o uple und vboy ngs. 31en a er I STEP5 you have voted the ballot and placed it under the flap of the "We in ballot envelope, RETURN IT TO THE ELECTION JUDGE. Glve your name. The judge will remove the stub. Deposit the e-in ballot envelope (containing the ballot card) in the ballot You have now finished voting. WRITE-IN VOTING . J0" may also vote for a valid write-in candidate. This is done "f by writing the office title and the name of the candidate on le "Tite in ballot envelope, or by placing a sticker on the write-in "V( that has the candidate's name and office printed on it. ' ten voting a write-in candidate, DO NOT punch a hole in the ' m card ballot for the same position. wijiu 10 uimiiai j u -UjW -r I All Counties Except Cache, Carbon, Davis, Salt Lake, Summit, Uintah, Washington, and Weber Instructions to Voters FOR PREPARING BALLOTS VOTING FOR CANDIDATES OF TWO OR MORE PARTY TICKETS To vote for candidates of two or more parties you may mark i the squares opposite the names of the candidates for whom wish to vote without marking in any circle; or you may indicate your choice by voting "straight party" by marking in the circle above one party ticket, then marking in the squares opposite names of the candidates of your choice of other parties, I HOW TO OBTAIN A BALLOT FOR VOTING f 1. Give your name and address to an election judge. 2. If your name is on the official register, and your right to vote has not been challenged, the election judge will present a ballot or ballots to you. NOTE: If an election judge has reason to doubt I your identity, the judge shall either, (a) request A identification from you, or (b) have a known j registered voter of the district identify you. HOW TO VOTE BALLOT ' ! DONOTvote a spoiled or defaced ballot. Identification marks j or a spoiled or defaced ballot will render it invalid. If you make a n mistake, or if you have a spoiled or defaced ballot, return it to the 1 judge, who will cancel it and issue you a new ballot. 4 0n receiving your ballot from the election judge, immediately T g alone to one of the voting booths and vote your ballot by marking it with a cross (X) as follows: V VOTING FOR CANDIDATES OF ONE PARTY TICKET If you wish to vote for all the candidates of one party, you may ' y mark in the circle above that party, or in the squares opposite the ; names of all candidates of that party, or vou mav do hnth fc..-.,?.' $ - 5p f3 - c le - ! ....Hi ":ri L ' -A A -oil 2Sf liofcaiH the classroom for his or her Dr. Cox said " ' ' ' ;"-;'vilrnrhprs !" VOTING NON-PARTISAN CANDIDATES r Judicial, state school board, local school board, etc., are non-partisan contests. They are located in the extreme right column on the ballot. Just above the voting squares are instructions telling how many persons should be voted for that particular office. ' I i- rami in rnaraes weie iasueu rmmi - -. til. -ra, rrtl, -,nlinn nh If a cross is marked in a circle above a party ticket, you may taw a line through the name of any candidate of the party t icket for whom you do not wish to vote. However, when an office is listed that requires more than one person to be elected, you must draw a line through the names of the persons of that party ticket for whom you do not wish to vole (leaving those for whom you wish to vole). I jp-"-T " "si , !r " X J x; ....... tef. t r J " TT.f:f it !,",";,; 'ii ! m r ... , 1 I WRITE-IN VOTING Vou may also vote for a valid write-in candidate. This is done jj "lller by writing the name of the candidate on the ballot or by j aig a sticker to the ballot that has the candidate's name and j Printed on it. Partisan write-in candidates should be listed j lluw respective office space of the blank write-in ticket. Non- j PJisan write-in candidates should be listed in the blank space lorih non-partisan office. You shall have voted for that person, H Henilu fail to make a cross mark opposite the write-in name. Ei NON-'PARTISAN NON-PARTISAN ; ' Vtif One Vcie Onj Shall r l Snail T""" owniCTiMt iii ourmwi Yes MtfWibiMniiiwyjYes ae retained in ihe ollice ol . be reifneo m the ollr r ol .,, , luM'ce ol !he Supreme Court Ms I I Judge oftrie Circuit Court M I I 2 ofUUh' I'O I I oMiv FiRh Ciicurt' I'O J" f for Dismcl JuDfie tfa'? 0' . ' S " ' T"'. 'h'"1 D'S'"Cl Vole lor One Shj( jg j J JtuCnftfoWiBimw. I I WMmum Yes J lt i (incumbent) I I wifu.nea.Mheurt.ceoi , , : rV. r 1 J"dp.e ol tne Circuit Court Mrt i I U fj tyHmm&ii& oniet.tthM " i i . I voiflme lc ,L lor DiHntl Judse f four t-ar lerm Thud (l.ilr.ct Vole t0. One Shall I 1 i i L i'j jBttow(iiii!iiiijwI'rrj fSS589 I I 111 A- (incumbent) L I LMe'ci,i"omt' I I r p. iMWriMS ni ft 1! VOn, J jLi.i ' 0" SMI 1 I r! s.ii ,, i i BaMWiitoMaa Yes M ?c ' Mtkfr&MtHt "es !'' nua-uii,,,..! r f'C rT,ZXr.l lj.Ce MW C.rcnl Cao., Nq le M ludK oMtie Dul'ici Couri ol M n I I 0 '"e lth L.. -J .j. ;'-'r Ihi.rJ ludirul Uislr.cC IN U I 1 ut j ScHooI 8. ..d ;.o!c Gne Nmlh Summtl Schujl Dumct Nc I V-i- '.: ,, J( itr.lf o' inp n.lr.cr Couit oMhe M I 6ftW?P3lAftfit I I f - md tol,aiiOi.,ci' I'O I I --i 13 t i " n- !J Shjll 11 0 mmvmmnm Yes J th l lemni-H ,n lh, oil,., ol , . lu.le ol Inr Oislnfl rourl ollhr NO I ' fj iiiitMs Yes 1 ( st I''' wroMneDn.cirou.ioipr Q J ; J)g( L: t,"""L"""1 """ t.,t.n I n i ? I in wwwmWI Yes j. rt I . Of leU-ned m ine oft'Ce ol . ludneoHhf District Cou'ioMhe M. ; V I : ' ih1(l) jud.t.it'iti'i; ,1U I I' J , J- ick i I rn ' i t ! 1 tkiibMWftWW Yes ; J relinetl "i th"1 O'1"" Ol 1 j j tuilff Ol I tie Ontnrt Coj'1 ol () I M : ) '11 e r ; i Z r-l ;ctil ; 'jBLilWll.WlHWIMWItrrf Yes tha ' , L(eoMf o.it.d ton oi iu 0 1 1 jey ; .; " r ti iwMM Yes rn , I if'lP'''"' No : te n " 7-7- i ibiti ' " r F,1 its. : y,winfiiiiiwtfnt Yes wea 1 ' Zm No Q; iurcl ; a ijj i U g thi ,9 :m 0 ' ? uple LJ und vboy ngs. jlen 1 '.,7 r ij .j In'- n 'r: , j : ..j j " "" ' .' ,;' ! VOTING CONSTITUTIONAL AMENDMENT ! INITIATIVE, AND REFERENDUM QUESTIONS In case of a constitutional amendment, initiative or refe rendum submitted to a vote of the people, you mark a cross in the sq uare by the answer you wish to give. The amendment, initiative or referendum will be in the form of a question. Vote "FOR" if you wish to answer "yes", and "AGAINST" if you wish to answer "no " A i 1 I : V -J . !e 3 u jiJ Uj'J HOW TO OBTAIN ASSISTANCE IN MARKING BALLOT If you are blind, disabled, unable to read or write, unable to read or write the English language, or physically unable to entera polling place, you may be given assistance by a person of your choice. The person giving assistance may not be your employer, an 1 agent of your employer, or an officer or agent of your union. The person giving assistance may not request, persuade or induce you to vote for or against any particular candidate or issues. I ---auuaifiw i the classroom lor nis, ui nci ...I ' " .-ifitu papfoprc ..: . ' 2 tc tt . . r : iBfev'. ie its I, W. Val Oveson, Lieutenant Governor 'of -the State of ric Utah, do hereby certify that the'-. foregoing Measures will' be submitted to the voters o f -the .State . of ' Utah at the election to u fhP Qtate on November A r- 1986, and the , be held throughout the state on rs j . mnlptp' anH correct accordinq to. law. s. foregoing pamphlet is complete: ana cui s be n in .rt( ly ' .it ' ' : ki lf0i""' . Witness my hand and the e .rfV''v , Great Seal of the State of iSJ&XX Utah, at Salt Lake City, Utah rt SSJ MOPP 2$ this 25th day of September, il mm n - s . . j g th V. J 8 9 6 ' , i ;m ( ""g i , ) nh U ( hOA upU UJJU- KJU-'r ,und ' bo W. Val Oveson Lieutenant Governor a g 1 i ' If yf A Voting is one of the most sacred rights we as Americans erjoy V ! Voting is our way of expressing our desire of whom our leaders will I be and what laws will govern us. ; Utahns, over the years, have enjoyed one of the highest voter ' turnouts of any state in our nation. ll ' Iamveryproudofourrecord.Itisatributetoourheritageand fcl ; our character. Jf ! However, in order to vote you must be registered. I have listed below the simple ways of registering to vote in Utah. V I " If vou are nt registered, please do so today. If you are i registered, please make sure you vote on November 4. f Let's keep up a great tradition. H ... M fcJ 4 I I . a if a , , . -: , ; , :. f X . V I ! ' I h k ill - V k y j 1 r il ) 1. , rrr . ... i -...-.i.i .. J , : ' Thank you, j ; i f i W. Val Oveson. J ' Lieutenant Governor :" - I HOW TO REGISTER TO VOTE j j I If you "J" b,e 18 or over and will have been a resident of the Slate of Utah for 30 days f ' il PreCedlng the elect,on ,n Number, you may register to vote by one of the following methods. I VoumayregisterwiththeregistrationagentofyourelectiondistrictbetweenSOO a.m. and 9:00 p.m. on October 28, 29, and 30. ' You may register at the County Clerk's office in your county during regular ! I. working hours up to 20 days preceding the November election day. i J umavregisterbvn,ai ' d,ay by n,ailing in the Ulilh Election registration form. These forms may be 1 obtained at any bank, post office, library, or political party office. V I |