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Show For O Against Proposition No.2 MISCELLANEOUS AMENDMENT Recast by the members of the 1988 Legislature on final passage: (75 members): Yeas, 74; Nays, 1; Absent or not voting, 0. ' MTE (29 memuer:): Yeas, 26; Nays, 0; Absent or not voting, 3. Official BaUot Title: Shall the Utah Constitution be amended to: (1) clarify the Legislature's duty to reap-portion the state after each United States census into congressional, legislative, and other districts, and clarify the number of senators and representatives; (2) clarify an exemption from a forced sale of property; and (3) delete provisions relating to the transfer of property owned by the Utah Territory at statehood, the location of the State Fair, and specific reference to certain public institutions? IMPARTIAL ANALYSIS Provisions of Proposition 2 can be divided into three f?ories: Apportionment and Legislative Districts , 1 Apportionment The present Utah Constitution provides ' Apportionment of congressional districts after each appor-men-t made by Congress and for reapportionment of legislative Wicts after each United States census. No mention is made of Portioning state school board districts, but this is done at the elme as other reapportionment. Proposition 2 clearly establishes "Authority of the Legislature to divide the state into congressional, gislative, and state school board districts after each United States nsus. The present Utah Constitution also requires the state to conduct ale census 1905. This state census every tenth year beginning in sever been done. Instead, Utah has always relied on the United census figures to conduct its reapportionment. Proposition i lnates this requirement of a state census. k Legislature Constitution provides that Ih( The present Utah m'rurnum number of state senators shall be 18 and the minimum " w of state representatives shall be 45. It allows the number of t "ators to be increased to 30 and allows the number of Natives to be increased, but the number of representatives of "eVerbe less than twice nor greater than three times the number nators. There are currently 29 senators and 75 representatives, p Psltion 2 limits the number of senators to 29 and retains the C, that the number of representatives can never be less than nor greater than three times the number of senators. In 1964, two sections of the Utah Constitution dealing with legislative districts were held invalid under the United States Constitution. Proposition 2 eliminates these sections. 2. Homestead Exemption from Forced Sale of Property The present Utah Constitution provides for a $1500 minimum exemption of a "homestead" from the forced sale of property. A forced sale of property usually occurs as the result of bankruptcy. A homestead generally consists of a home and improvements to it. Proposition 2 retains the homestead exemption but eliminates the specific $1500 minimum amount. The Legislature has presently set the exemption at $8000. Passage of Proposition 2 will not change this amount. 3. Other Changes The present Utah Constitution requires that the state capital and the state fair be located in Salt Lake City. It provides for the transfer of territorial property and institutions to the state upon statehood. It also provides for the support and main-tenance of several institutions, including reformatory and penal institutions and those for the insane, blind, deaf, and dumb. All of these institutions are currently provided for by statute. Utah's Enabling Act, the federal law that made Utah a state, also requires the maintenance of these institutions. Proposition 2 eliminates all of this language except the requirement that Salt Lake City is the state capital. Effective Date January 1, 1989 Fiscal Impact None Page 11 |