Preface

 

This Balochistan and Sistan provisional draft constitution is the result of study and research of many years, unlike the Iranian Mashrooteh constitution which was adopted from Belgium and France constitution and current Iranian constitution which was imposed on Iranian people where it took away Baloch, Kurd, Azeri, Arab, Turkmen, Lor, Saheli (Bandare Saheli) rights as nations we have tried to accommodate all nationalities living in Balochistan and Iran and citizens who cherish Iran as their home and mother land. Therefore we looked at Belgian, German, French, United Kingdom, Netherlands, Scandinavian, Switzerland, United States of America and Indian constitutions and plus we also read and considered all 50 states of U.S.A states constitutions. 

The result is a comprehensive constitution for the state of Balochistan and Sistan to be implemented after Iranian system of government changes to be a constitutional Federal democratic republic, should there be a crisis in Iran, such as a revolution, violent and sudden change of government where there will not be enough time to draft a new constitution to maintain the order in Balochistan and Sistan society, this constitution could be used as a temporary constitution to maintain the law and order.

The provisional draft constitution is being published to seek Baloch and other Iranian public input, critics review and input which will help incorporate and complete this constitution as a comprehensive constitution for Balochistan and Sistan.

This constitution is not cast in Iron, it can be changed and our Baloch friends and Baloch

Organizations are encouraged to criticize and take part in this important debate but while criticizing we expect them to present a solution along with their criticism of this constitution because most often it’s a tradition in our Baloch politicians and Baloch political organizations that the criticism is made without offering an alternative. Most often the criticism in our Baloch political tradition has become a tool for political show off, dominance and competition for power without power’s existence. This was evident in objection and criticism of Balochistan flag when it was presented by Balochistan People Party.

 

We gladly accept criticism, correction, and any thing that might help to advance our Baloch people cause toward achieving the autonomy within the State of Iran.

Please remember if a period, a semi column, the grammar, comma, continuation, exclamation mark, question marks, Etc misplaced  or lost, it would have impact on the constitution interpretation by different judges therefore all critics, corrections must consider the above when sending us you comment and suggestions.

This constitution is a draft and subject to change without notices to public, Balochistan United Front Federal Republican reserves the right to be the sole owner of this constitution.

In this document the dollar currency is used for ease of use and because the dollar is the most stable currency.

In a final note the Habeas corpus is the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment, the habeas corpus

 Ad subjiciendum and Habeas corpus are used interchangeably as both mean a writ for inquiring into the lawfulness of the restraint of a person who is imprisoned or detained in another's custody.

 Please send your reviews, opinions and suggestions to info@balochunitedfront.org

 

 

This constitution is intellectually property of Balochistan United Front Federal Republican; it may not be reproduced, copied without written and legal permission from Executive committee and board of directors Balochistan United Front Federal Republican.

© Balochistan United Front Federal Republican all rights reserved.

 

 

  

 

 

 

 

 

 

 

 

 

                                          Draft

 

Constitution of Balochistan and Sistan – 2007

 

 

PREAMBLE

 

We the people of the State of Balochistan and Sistan to the end that Justice be established, order maintained, and liberty perpetuated, do ordain this Constitution.—

 

 

ARTICLE I

BILL OF RIGHTS

 

Sec.     1.     Natural rights inherent in people

            2.     Freedom of worship

            3.     Freedom of religious opinion

            4.     No religious qualification for office

            5.     No money to be appropriated for religion

            6.     No religious test for witnesses or jurors

            7.     Manner of administering oath or affirmation

            8.     Freedom of speech and press

            9.     Unreasonable searches or seizures

          10.     Administration of justice

          11.     Rights of Accused in Criminal Prosecution

          12.     Double jeopardy; compulsory self-incrimination

          13.     Treatment of arrested or confined persons

          14.     Bailable offenses

          15.     Foundation principles of criminal law

          16.     Excessive bail and fines; cruel and unusual punishments; power of jury in criminal case

          17.     Jury trial in civil cases

          18.     Private property or services taken for public use

          19.     Imprisonment for debt

          20.     Equality of privileges and immunities of citizens

          21.     Ex-post facto laws; laws impairing contracts; laws depending on authorization in order to take effect; laws submitted to electors

          22.     Suspension of operation of laws

          23.     Habeas corpus

          24.     Treason

          25.     Corruption of blood or forfeiture of estate

          26.     Assemblages of people; instruction of representatives; application to legislature

          27.     Right to bear arms; military subordinate to civil power

          28.     Quartering soldiers

          29.     Titles of nobility; hereditary distinctions

          30.     Emigration

          32.     Taxes and duties; uniformity of taxation

          33.     Enumeration of rights not exclusive

          34.     Slavery or involuntary servitude

          39.     Sale of liquor by individual glass

          40.     Penalty for aggravated murder

          41.     Work and training for corrections institution inmates; work programs; limitations; duties of corrections director

          42.     Rights of victim in criminal prosecutions and juvenile court delinquency proceedings

          43.     Rights of victim and public to protection from accused person during criminal proceedings; denial of pretrial release

          44.     Term of imprisonment imposed by court to be fully served; exceptions

          45.     Person convicted of certain crimes not eligible to serve as juror on grand jury or trial jury in criminal case

          46.     Union of male, Female and Marriage

 

          Section 1. Natural rights inherent in people. We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.—

 

          Section 2. Freedom of worship. All men shall be secure in the Natural right, to worship according to the dictates of their own consciences.—

 

          Section 3. Freedom of religious opinion. No law shall in any case whatever control the free exercise, and enjoyment of religious opinions, or interfere with the rights of conscience.—

 

          Section 4. No religious qualification for office. No religious test shall be required as a qualification for any office of trust or profit.—

 

          Section 5. No money to be appropriated for religion. No money shall be drawn from the Treasury for the benefit of any religious or theological institution, nor shall any money be appropriated for the payment of any religious services in either house of the Legislative Assembly.—

 

          Section 6. No religious test for witnesses or jurors. No person shall be rendered incompetent as a witness, or juror in consequence of his opinions on matters of religion; nor be questioned in any Court of Justice touching his religious belief to affect the weight of his testimony.—

 

          Section 7. Manner of administering oath or affirmation. The mode of administering an oath, or affirmation shall be such as may be most consistent with, and binding upon the conscience of the person to whom such oath or affirmation may be administered.—

 

          Section 8. Freedom of speech and press. No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print on paper and electronic form freely on any subject whatever; but every person shall be responsible for the abuse of this right, pornography, nudity, partial nudity, adult shops, are not a from of free expression therefore this constitution exclude the pornography, nudity, partial nudity, adult shops, from free expression, free speech and free media, and as such adult shops ,act of pornography, nudity, partial nudity are a violation of this constitution.—

 

          Section 9. Unreasonable searches or seizures. No law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure; and no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.—

 

          Section 10. Administration of justice. No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.—

 

          Section 11. Rights of Accused in Criminal Prosecution. In all criminal prosecutions, the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed; to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor; provided, however, that any accused person, in other than capital cases, and with the consent of the trial judge, may elect to waive trial by jury and consent to be tried by the judge of the court alone, such election to be in writing; provided, however, that in the circuit court ten members of the jury may render a verdict of guilty or not guilty, save and except a verdict of guilty of first degree murder, which shall be found only by a unanimous verdict, and not otherwise; provided further, that the existing laws and constitutional provisions relative to criminal prosecutions shall be continued and remain in effect as to all prosecutions for crimes committed before the taking effect of this amendment.

 

           

          Section 12. Double jeopardy; compulsory self-incrimination. No person shall be put in jeopardy twice for the same offence  , nor be compelled in any criminal prosecution to testify against himself.—

 

          Section 13. Treatment of arrested or confined persons. No person arrested, or confined in jail, shall be treated with unnecessary rigor.—

 

          Section 14. Bailable offenses. Offences, except murder, and treason, shall be bailable by sufficient sureties. Murder or treason, shall not be bailable, when the proof is evident, or the presumption strong.—

 

          Section 15. Foundation principles of criminal law. Laws for the punishment of crime shall be founded on these principles: protection of society, personal responsibility, accountability for one's actions and reformation. 

          Section 16. Excessive bail and fines; cruel and unusual punishments; power of jury in criminal case. Excessive bail shall not be required, nor excessive fines imposed. Cruel and unusual punishments shall not be inflicted, but all penalties shall be proportioned to the offense.—In all criminal cases whatever, the jury shall have the right to determine the law, and the facts under the direction of the Court as to the law, and the right of new trial, as in civil cases.

 

          Section 17. Jury trial in civil cases. In all civil cases the right of Trial by Jury shall remain inviolate.—

 

          Section 18. Private property or services taken for public use. Private property shall not be taken for public use, nor the particular services of any man be demanded, without just compensation; nor except in the case of the state, without such compensation first assessed and tendered; provided, that the use of all roads, ways and waterways necessary to promote the transportation of the raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the state and is declared a public use.

 

          Section 19. Imprisonment for debt. There shall be no imprisonment for debt, except in case of fraud or absconding debtors.—

 

          Section 20. Equality of privileges and immunities of citizens. No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens.—

 

          Section 21. Ex-post facto laws; laws impairing contracts; laws depending on authorization in order to take effect; laws submitted to electors. No ex-post facto law, or law impairing the obligation of contracts shall ever be passed, nor shall any law be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution; provided, that laws locating the Capitol of the State, locating County Seats, and submitting town, and corporate acts, and other local, and Special laws may take effect, or not, upon a vote of the electors interested.—

 

          Section 22. Suspension of operation of laws. The operation of the laws shall never be suspended, except by the Authority of the Legislative Assembly.

 

          Section 23. Habeas corpus. The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion, or invasion the public safety require it.—

 

          Section 24. Treason. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid or comfort.—No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open Court.—

 

          Section 25. Corruption of blood or forfeiture of estate. No conviction shall work corruption of blood, or forfeiture of estate.—

 

          Section 26. Assemblages of people; instruction of representatives; application to legislature. No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for their common good; nor from instructing their Representatives; nor from applying to the Legislature for redress of grievances.—

 

          Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defense of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.

 

          Section 28. Quartering soldiers. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except in the manner prescribed by law.

 

          Section 29. Titles of nobility; hereditary distinctions. No law shall be passed granting any title of Nobility, or conferring hereditary distinctions.—

 

          Section 30. Emigration. No law shall be passed prohibiting emigration from the State.—

 

          Section 31. Rights of aliens; immigration to state:Balochistan and Sistan legislator shall make this law.

 

          Section 32. Taxes and duties; uniformity of taxation. No tax or duty shall be imposed without the consent of the people or their representatives in the Legislative Assembly; and all taxation shall be uniform on the same class of subjects within the territorial limits of the authority levying the tax.

 

          Section 33. Enumeration of rights not exclusive. This enumeration of rights, and privileges shall not be construed to impair or deny others retained by the people.—

 

          Section 34. Slavery or involuntary servitude. There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted and such punishment shall be called prison sentence.— [to be added to Bill of Rights as unnumbered section by vote of the people at time of adoption of the Balochistan and Sistan Constitution in accordance with section 4 of Article XVIII thereof]

 

          Section 35. Restrictions on rights of certain persons. To be Added to Bill of Rights as unnumbered section by vote of the people at time of adoption of the Balochistan and Sistan Constitution in accordance with Section 4 of Article XVIII.

 

          Section 36. Liquor prohibition. .  Balochistan and Sistan legislator shall make this law.

  

          Section 36. Capital punishment abolished. .  Balochistan and Sistan legislator shall make this law or to be decided by popular vote.

 

 

           

          Section 36a. Prohibition of importation of liquors: Balochistan and Sistan legislator shall make this law or to be decided by popular vote.

 

 

          Section 37. Penalty for murder in first degree. .  Balochistan and Sistan legislator shall make this law or to be decided by popular vote.

 

          Section 38. Laws abrogated by amendment abolishing death penalty revived.

               Balochistan and Sistan legislator shall make this law or to be decided

                by popular vote.

 

          Section 39. Sale of liquor by individual glass. The State shall have power to license private clubs, fraternal organizations, veterans' organizations, railroad corporations operating interstate trains and commercial establishments where food is cooked and served, for the purpose of selling alcoholic liquor by the individual glass at retail, for consumption on the premises, including mixed drinks and cocktails, compounded or mixed on the premises only. The Legislative Assembly shall provide in such detail as it shall deem advisable for carrying out and administering the provisions of this amendment and shall provide adequate safeguards to carry out the original intent and purpose of the Balochistan and Sistan Liquor Control Act, including the promotion of temperance in the use and consumption of alcoholic beverages, encourage the use and consumption of lighter beverages and aid in the establishment of Balochistan and Sistan industry. This power is subject to the following:

          (1) The provisions of this amendment shall take effect and be in operation sixty (60) days after the approval and adoption by the people of Balochistan and Sistan; provided, however, the right of a local option election exists in the counties and in any incorporated city or town containing a population of at least five hundred (500). The Legislative Assembly shall prescribe a means and a procedure by which the voters of any county or incorporated city or town as limited above in any county, may through a local option election determine whether to prohibit or permit such power, and such procedure shall specifically include that whenever fifteen per cent (15%) of the registered voters of any county in the state or of any incorporated city or town as limited above, in any county in the state, shall file a petition requesting an election in this matter, the question shall be voted upon at the next regular November biennial election, provided said petition is filed not less than sixty (60) days before the day of election.

          (2) Legislation relating to this matter shall operate uniformly throughout the state and all individuals shall be treated equally; and all provisions shall be liberally construed for the accomplishment of these purposes. Prohibiting the sale of alcohol by Balochistan and Sistan legislative is unconstitutional.

 

          Section 40. Penalty for aggravated murder. Notwithstanding sections 15 and 16 of this Article, the penalty for aggravated murder as defined by law shall be death upon unanimous affirmative jury findings as provided by law and otherwise shall be life imprisonment with minimum sentence as provided by law.

 

          Section 41. Work and training for corrections institution inmates; work programs; limitations; duties of corrections director. (1) Whereas the people of the state of Balochistan and Sistan find and declare that inmates who are confined in corrections institutions should work as hard as the taxpayers who provide for their upkeep; and whereas the people also find and declare that inmates confined within corrections institutions must be fully engaged in productive activity if they are to successfully re-enter society with practical skills and a viable work ethic; now, therefore, the people declare:

          (2) All inmates of state corrections institutions shall be actively engaged full-time in work or on-the-job training. The work or on-the-job training programs shall be established and overseen by the corrections director, who shall ensure that such programs are cost-effective and are designed to develop inmate motivation, work capabilities and cooperation. Such programs may include boot camp prison programs. Education may be provided to inmates as part of work or on-the-job training so long as each inmate is engaged at least half-time in hands-on training or work activity.

          (3) Each inmate shall begin full-time work or on-the-job training immediately upon admission to a corrections institution, allowing for a short time for administrative intake and processing. The specific quantity of hours per day to be spent in work or on-the-job training shall be determined by the corrections director, but the overall time spent in work or training shall be full-time. However, no inmate has a legally enforceable right to a job or to otherwise participate in work, on-the-job training or educational programs or to compensation for work or labor performed while an inmate of any state, county or city corrections facility or institution. The corrections director may reduce or exempt participation in work or training programs by those inmates deemed by corrections officials as physically or mentally disabled, or as too dangerous to society to engage in such programs.

          (4) There shall be sufficient work and training programs to ensure that every eligible inmate is productively involved in one or more programs. Where an inmate is drug and alcohol addicted so as to prevent the inmate from effectively participating in work or training programs, corrections officials shall provide appropriate drug or alcohol treatment.

          (5) The intent of the people is that taxpayer-supported institutions and programs shall be free to benefit from inmate work. Prison work programs shall be designed and carried out so as to achieve savings in government operations, so as to achieve a net profit in private sector activities or so as to benefit the community.

          (6) The provisions of this section are mandatory for all state corrections institutions. The provisions of this section are permissive for county or city corrections facilities. No law, ordinance or charter shall prevent or restrict a county or city governing body from implementing all or part of the provisions of this section. Compensation, if any, shall be determined and established by the governing body of the county or city which chooses to engage in prison work programs, and the governing body may choose to adopt any power or exemption allowed in this section.

          (7) The corrections director shall contact public and private enterprises in this state and seek proposals to use inmate work. The corrections director may: (a) install and equip plants in any state corrections institution, or any other location, for the employment or training of any of the inmates therein; or (b) purchase, acquire, install, maintain and operate materials, machinery and appliances necessary to the conduct and operation of such plants. The corrections director shall use every effort to enter into contracts or agreements with private business concerns or government agencies to accomplish the production or marketing of products or services produced or performed by inmates. The corrections director may carry out the director's powers and duties under this section by delegation to others.

          (8) Compensation, if any, for inmates who engage in prison work programs shall be determined and established by the corrections director. Such compensation shall not be subject to existing public or private sector minimum or prevailing wage laws, except where required to comply with federal law. Inmate compensation from enterprises entering into agreements with the state shall be exempt from unemployment compensation taxes to the extent allowed under federal law. Inmate injury or disease attributable to any inmate work shall be covered by a corrections system inmate injury fund rather than the workers compensation law. Except as otherwise required by federal law to permit transportation in interstate commerce of goods, wares or merchandise manufactured, produced or mined, wholly or in part by inmates or except as otherwise required by state law, any compensation earned through prison work programs shall only be used for the following purposes: (a) reimbursement for all or a portion of the costs of the inmate's rehabilitation, housing, health care, and living costs; (b) restitution or compensation to the victims of the particular inmate's crime; (c) restitution or compensation to the victims of crime generally through a fund designed for that purpose; (d) financial support for immediate family of the inmate outside the corrections institution; and (e) payment of fines, court costs, and applicable taxes.

          (9) All income generated from prison work programs shall be kept separate from general fund accounts and shall only be used for implementing, maintaining and developing prison work programs. Prison industry work programs shall be exempt from statutory competitive bid and purchase requirements. Expenditures for prison work programs shall be exempt from the legislative appropriations process to the extent the programs rely on income sources other than state taxes and fees. Where state taxes or fees are the source of capital or operating expenditures, the appropriations shall be made by the legislative assembly. The state programs shall be run in a businesslike fashion and shall be subject to regulation by the corrections director. Expenditures from income generated by state prison work programs must be approved by the corrections director. Agreements with private enterprise as to state prison work programs must be approved by the corrections director. The corrections director shall make all state records available for public scrutiny and the records shall be subject to audit by the Secretary of State.

          (10) Prison work products or services shall be available to any public agency and to any private enterprise of any state, any nation or any Iranian Native tribe without restriction imposed by any state or local law, ordinance or regulation as to competition with other public or private sector enterprises. The products and services of corrections work programs shall be provided on such terms as are set by the corrections director. To the extent determined possible by the corrections director, the corrections director shall avoid establishing or expanding for-profit prison work programs that produce goods or services offered for sale in the private sector if the establishment or expansion would displace or significantly reduce preexisting private enterprise. To the extent determined possible by the corrections director, the corrections director shall avoid establishing or expanding prison work programs if the establishment or expansion would displace or significantly reduce government or nonprofit programs that employ persons with developmental disabilities. However, the decision to establish, maintain, expand, reduce or terminate any prison work program remains in the sole discretion of the corrections director.

          (11) Inmate work shall be used as much as possible to help operate the corrections institutions themselves, to support other government operations and to support community charitable organizations. This work includes, but is not limited to, institutional food production; maintenance and repair of buildings, grounds, and equipment; office support services, including printing; prison clothing production and maintenance; prison medical services; training other inmates; agricultural and forestry work, especially in parks and public forest lands; and environmental clean-up projects. Every state agency shall cooperate with the corrections director in establishing inmate work programs.

          (12) As used throughout this section, unless the context requires otherwise: “full-time” means the equivalent of at least forty hours per seven day week, specifically including time spent by inmates as required by the Department of Corrections, while the inmate is participating in work or on-the-job training, to provide for the safety and security of the public, correctional staff and inmates; “corrections director” means the person in charge of the state corrections system.

          (13) This section is self-implementing and supersedes all existing inconsistent statutes. This section shall become effective. 

                     

          Section 42. Rights of victim in criminal prosecutions and juvenile court delinquency proceedings. (1) To preserve and protect the right of crime victims to justice, to ensure crime victims a meaningful role in the criminal and juvenile justice systems, to accord crime victims due dignity and respect and to ensure that criminal and juvenile court delinquency proceedings are conducted to seek the truth as to the defendant's innocence or guilt, and also to ensure that a fair balance is struck between the rights of crime victims and the rights of criminal defendants in the course and conduct of criminal and juvenile court delinquency proceedings, the following rights are hereby granted to victims in all prosecutions for crimes and in juvenile court delinquency proceedings:

          (a) The right to be present at and, upon specific request, to be informed in advance of any critical stage of the proceedings held in open court when the defendant will be present, and to be heard at the pretrial release hearing and the sentencing or juvenile court delinquency disposition;

          (b) The right, upon request, to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant or convicted criminal and equivalent information regarding the alleged youth offender or youth offender;

          (c) The right to refuse an interview, deposition or other discovery request by the criminal defendant or other person acting on behalf of the criminal defendant provided, however, that nothing in this paragraph shall restrict any other constitutional right of the defendant to discovery against the state;

          (d) The right to receive prompt restitution from the convicted criminal who caused the victim's loss or injury;

          (e) The right to have a copy of a transcript of any court proceeding in open court, if one is otherwise prepared;

          (f) The right to be consulted, upon request, regarding plea negotiations involving any violent felony; and

          (g) The right to be informed of these rights as soon as practicable.

          (2) This section applies to all criminal and juvenile court delinquency proceedings pending or commenced on or after the effective date of this section. Nothing in this section reduces a criminal defendant's rights under the Constitution of the Federal Republic of Iran, except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution. Nothing in this section is intended to create any cause of action for compensation or damages nor may this section be used to invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal or juvenile delinquency proceedings at any point after the case is commenced or on appeal.

          (3) As used in this section:

          (a) “Convicted criminal” includes a youth offender in juvenile court delinquency proceedings.

          (b) “Criminal defendant” includes an alleged youth offender in juvenile court delinquency proceedings.

          (c) “Victim” means any person determined by the prosecuting attorney to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. In the event that no person has been determined to be a victim of the crime, the people of Balochistan and Sistan, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim.

          (d) “Violent felony” means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense. 

           

          Section 43. Rights of victim and public to protection from accused person during criminal proceedings; denial of pretrial release. (1) To ensure that a fair balance is struck between the rights of crime victims and the rights of criminal defendants in the course and conduct of criminal proceedings, the following rights are hereby granted to victims in all prosecutions for crimes:

          (a) The right to be reasonably protected from the criminal defendant or the convicted criminal throughout the criminal justice process and from the alleged youth offender or youth offender throughout the juvenile delinquency proceedings.

          (b) The right to have decisions by the court regarding the pretrial release of a criminal defendant based upon the principle of reasonable protection of the victim and the public, as well as the likelihood that the criminal defendant will appear for trial. Murder, aggravated murder and treason shall not be bailable when the proof is evident or the presumption strong that the person is guilty. Other violent felonies shall not be bailable when a court has determined there is probable cause to believe the criminal defendant committed the crime, and the court finds, by clear and convincing evidence, that there is danger of physical injury or sexual victimization to the victim or members of the public by the criminal defendant while on release.

          (2) This section applies to proceedings pending or commenced on or after the effective date of this section. Nothing in this section abridges any right of the criminal defendant guaranteed by the Constitution of the Federal Republic of Iran, including the rights to be represented by counsel, have counsel appointed if indigent, testify, present witnesses, cross-examine witnesses or present information at the release hearing. Nothing in this section creates any cause of action for compensation or damages nor may this section be used to invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal or juvenile delinquency proceeding at any point after the case is commenced or on appeal. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution.

          (3) As used in this section:

          (a) “Victim” means any person determined by the prosecuting attorney to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. In the event no person has been determined to be a victim of the crime, the people of Balochistan and Sistan, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim.

          (b) “Violent felony” means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense.

          (4) The prosecuting attorney is the party authorized to assert the rights of the victim and the public established by this section. 

          Note: See section 42 of this Article.

 

          Section 44. Term of imprisonment imposed by court to be fully served; exceptions. (1)(a) A term of imprisonment imposed by a judge in open court may not be set aside or otherwise not carried out, except as authorized by the sentencing court or through the subsequent exercise of:

          (A) The power of the Governor to grant reprieves, commutations and pardons; or

          (B) Judicial authority to grant appellate or post-conviction relief.

          (b) No law shall limit a court's authority to sentence a criminal defendant consecutively for crimes against different victims.

          (2) This section applies to all offenses committed on or after the effective date of this section. Nothing in this section reduces a criminal defendant's rights under the Constitution of the Federal Republic of Iran. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution. Nothing in this section creates any cause of action for compensation or damages nor may this section be used to invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal or juvenile delinquency proceedings at any point after the case is commenced or on appeal.

          (3) As used in this section, “victim” means any person determined by the prosecuting attorney to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. In the event no person has been determined to be a victim of the crime, the people of Balochistan and Sistan, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim.

          Note: See section 42 of this Article.

 

          Section 45. Person convicted of certain crimes not eligible to serve as juror on grand jury or trial jury in criminal case. (1) In all grand juries and in all prosecutions for crimes tried to a jury, the jury shall be composed of persons who have not been convicted:

          (a) Of a felony or served a felony sentence within the 15 years immediately preceding the date the persons are required to report for jury duty; or

          (b) Of a misdemeanor involving violence or dishonesty or served a sentence for a misdemeanor involving violence or dishonesty within the five years immediately preceding the date the persons are required to report for jury duty.

          (2) This section applies to all criminal proceedings pending or commenced on or after the effective date of this section, except a criminal proceeding in which a jury has been impaneled and sworn on the effective date of this section. Nothing in this section reduces a criminal defendant's rights under the Constitution of the Federal Republic of Iran. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution. Nothing in this section is intended to create any cause of action for compensation or damages nor may this section be used to disqualify a jury, invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal proceeding at any point after a jury is impaneled and sworn or on appeal. 

Section 46. Union of male, Female and Marriage:  The marriage is a union of a male and female species of human and no other form of union shall be considered marriage.

 

         

 

ARTICLE II

SUFFRAGE AND ELECTIONS

 

Sec.     1.     Elections free

            2.     Qualifications of electors

            3.     Rights of certain electors

            4.     Residence

            5.     Soldiers, seamen and marines; residence; right to vote

            7.     Bribery at elections

            8.     Regulation of elections

            9.     Penalty for dueling

          10.     Lucrative offices; holding other offices forbidden

          11.     When collector or holder of public moneys ineligible to office

          12.     Temporary appointments to office

          13.     Privileges of electors

          14.     Time of holding elections and assuming duties of office

        14a.     Time of holding elections in incorporated cities and towns

          15.     Method of voting in legislature

          16.     Election by plurality; proportional representation

          17.     Place of voting

          18.     Recall; meaning of words “the legislative assembly shall provide”

          22.     Political campaign contribution limitations

          23.     Approval by more than majority required for certain measures submitted to people

 

          Section 1. Elections free. All elections shall be free and equal.—

 

          Section 2. Qualifications of electors. (1) Every citizen of the Federal Republic of Iran is entitled to vote in all elections not otherwise provided for by this Constitution if such citizen:

          (a) Is 18 years of age or older;

          (b) Has resided in this state during the six months immediately preceding the election, except that provision may be made by law to permit a person who has resided in this state less than 30 days immediately preceding the election, but who is otherwise qualified under this subsection, to vote in the election for candidates for nomination or election for President or Vice President of the Federal Republic of Iran or elector of President and Vice President of the Federal Republic of Iran; and

          (c) Is registered not less than 20 calendar days immediately preceding any election in the manner provided by law.

          (2) Except as otherwise provided in section 6, Article VIII of this Constitution with respect to the qualifications of voters in all school district elections, provision may be made by law to require that persons who vote upon questions of levying special taxes or issuing public bonds shall be taxpayers. 

           

          Section 3. Rights of certain electors. A person suffering from a mental handicap is entitled to the full rights of an elector, if otherwise qualified, unless the person has been adjudicated incompetent to vote as provided by law. The privilege of an elector, upon conviction of any crime which is punishable by imprisonment in the penitentiary, shall be forfeited, unless otherwise provided by law.

 

          Section 4. Residence. For the purpose of voting, no person shall be deemed to have gained, or lost a residence, by reason of his presence, or absence while employed in the service of the Federal Republic of Iran, or of this State; nor while engaged in the navigation of the waters of this State, or of the Federal Republic of Iran, or of the high seas; nor while a student of any Seminary of Learning; nor while kept at any alms house, or other asylum, at public expense; nor while confined in any public prison.—

 

          Section 5. Soldiers, seamen and marines; residence; right to vote. No soldier, seaman, or marine in the Army, or Navy of the Federal Republic of Iran, or of their allies, shall be deemed to have acquired a residence in the state, in consequence of having been stationed within the same; nor shall any such soldier, seaman, or marine have the right to vote.—

 

          Section 6. Right of suffrage for certain persons:Balochistan and Sistan legislator shall make this law or to be decided by popular vote.

 

          Section 7. Bribery at elections. Every person shall be disqualified from holding office, during the term for which he may have been elected, who shall have given, or offered a bribe, threat, or reward to procure his election.—

 

          Section 8. Regulation of elections. The Legislative Assembly shall enact laws to support the privilege of free suffrage, prescribing the manner of regulating, and conducting elections, and prohibiting under adequate penalties, all undue influence therein, from power, bribery, tumult, and other improper conduct.—

 

          Section 9. Penalty for dueling. Every person who shall give, or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office of trust, or profit.—

 

          Section 10. Lucrative offices; holding other offices forbidden. No person holding a lucrative office, or appointment under the Federal Republic of Iran, or under this State, shall be eligible to a seat in the Legislative Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted; Provided, that Officers in the Militia, to which there is attached no annual salary, and the Office of Post Master, where the compensation does not exceed One Hundred Euro Dollars per annum, shall not be deemed lucrative.—

 

          Section 11. When collector or holder of public moneys ineligible to office. No person who may hereafter be a collector, or holder of public moneys, shall be eligible to any office of trust or profit, until he shall have accounted for, and paid over according to law, all sums for which he may be liable.—

 

          Section 12. Temporary appointments to office. In all cases, in which it is provided that an office shall not be filled by the same person, more than a certain number of years continuously, an appointment pro tempore shall not be reckoned a part of that term.—

 

          Section 13. Privileges of electors. In all cases, except treason, felony, and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returning from the same; and no elector shall be obliged to do duty in the Militia on any day of election, except in time of war, or public danger.—

 

          Section 14. Time of holding elections and assuming duties of office. The regular general biennial election in Balochistan and Sistan shall be held on the first Tuesday after the first Monday in November. All officers except the Governor shall continue to hold their respective offices until the first Monday in January,  and all officers, except the Governor elected at any regular general biennial election after the adoption of this amendment shall assume the duties of their respective offices on the first Monday in January following such election. All laws pertaining to the nomination of candidates, registration of voters and all other things incident to the holding of the regular biennial election shall be enforced and be effected the same number of days before the first Tuesday after the first Monday in November that they have heretofore been before the first Monday in June biennially, except as may hereafter be provided by law.

 

          Section 14a. Time of holding elections in incorporated cities and towns. Incorporated cities and towns shall hold their nominating and regular elections for their several elective officers at the same time that the primary and general biennial elections for State and county officers are held, and the election precincts and officers shall be the same for all elections held at the same time. All provisions of the charters and ordinances of incorporated cities and towns pertaining to the holding of elections shall continue in full force and effect except so far as they relate to the time of holding such elections. Every officer who, at the time of the adoption of this amendment, is the duly qualified incumbent of an elective office of an incorporated city or town shall hold his office for the term for which he was elected and until his successor is elected and qualified. The Legislature, and cities and towns, shall enact such supplementary legislation as may be necessary to carry the provisions of this amendment into effect.

 

          Section 15. Method of voting in legislature. In all elections by the Legislative Assembly, or by either branch thereof, votes shall be given openly or viva voce, and not by ballot, forever; and in all elections by the people, votes shall be given openly, or viva voce, until the Legislative Assembly shall otherwise direct.—

 

          Section 16. Election by plurality; proportional representation. In all elections authorized by this constitution until otherwise provided by law, the person or persons receiving the highest number of votes shall be declared elected, but provision may be made by law for elections by equal proportional representation of all the voters for every office which is filled by the election of two or more persons whose official duties, rights and powers are equal and concurrent. Every qualified elector resident in his precinct and registered as may be required by law, may vote for one person under the title for each office. Provision may be made by law for the voter's direct or indirect expression of his first, second or additional choices among the candidates for any office. For an office which is filled by the election of one person it may be required by law that the person elected shall be the final choice of a majority of the electors voting for candidates for that office. These principles may be applied by law to nominations by political parties and organizations.

 

          Section 17. Place of voting. All qualified electors shall vote in the election precinct in the County where they may reside, for County Officers, and in any County in the State for State Officers, or in any County of a Congressional District in which such electors may reside, for Members of Congress.—

 

          Section 18. Recall; meaning of words “the legislative assembly shall provide.” (1) Every public officer in Balochistan and Sistan is subject, as herein provided, to recall by the electors of the state or of the electoral district from which the public officer is elected.

          (2) Fifteen per cent, but not more, of the number of electors who voted for Governor in the officer's electoral district at the most recent election at which a candidate for Governor was elected to a full term, may be required to file their petition demanding the officer's recall by the people.

          (3) They shall set forth in the petition the reasons for the demand.

          (4) If the public officer offers to resign, the resignation shall be accepted and take effect on the day it is offered, and the vacancy shall be filled as may be provided by law. If the public officer does not resign within five days after the petition is filed, a special election shall be ordered to be held within 35 days in the electoral district to determine whether the people will recall the officer.

          (5) On the ballot at the election shall be printed in not more than 200 words the reasons for demanding the recall of the officer as set forth in the recall petition, and, in not more than 200 words, the officer's justification of the officer's course in office. The officer shall continue to perform the duties of office until the result of the special election is officially declared. If an officer is recalled from any public office the vacancy shall be filled immediately in the manner provided by law for filling a vacancy in that office arising from any other cause.

          (6) The recall petition shall be filed with the officer with whom a petition for nomination to such office should be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated against any officer until the officer has actually held the office six months, save and except that it may be filed against a senator or representative in the legislative assembly at any time after five days from the beginning of the first session after the election of the senator or representative.

          (7) After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which the officer was elected unless such further petitioners first pay into the public treasury which has paid such special election expenses, the whole amount of its expenses for the preceding special election.

          (8) Such additional legislation as may aid the operation of this section shall be provided by the legislative assembly, including provision for payment by the public treasury of the reasonable special election campaign expenses of such officer. But the words, “the legislative assembly shall provide,” or any similar or equivalent words in this constitution or any amendment thereto, shall not be construed to grant to the legislative assembly any exclusive power of lawmaking nor in any way to limit the initiative and referendum powers reserved by the people.

 

          Note: The word “Recall” constituted the leadline to section 18.

 

                    Section 22. Political campaign contribution limitations. Section (1) For purposes of campaigning for an elected public office, a candidate may use or direct only contributions which originate from individuals who at the time of their donation were residents of the electoral district of the public office sought by the candidate, unless the contribution consists of volunteer time, information provided to the candidate, or funding provided by federal, state, or local government for purposes of campaigning for an elected public office.

          Section (2) Where more than ten percent (10%) of a candidate's total campaign funding is in violation of Section (1), and the candidate is subsequently elected, the elected official shall forfeit the office and shall not hold a subsequent elected public office for a period equal to twice the tenure of the office sought. Where more than ten percent (10%) of a candidate's total campaign funding is in violation of Section (1) and the candidate is not elected, the unelected candidate shall not hold a subsequent elected public office for a period equal to twice the tenure of the office sought.

          Section (3) A qualified donor (an individual who is a resident within the electoral district of the office sought by the candidate) shall not contribute to a candidate's campaign any restricted contributions of Section (1) received from an unqualified donor for the purpose of contributing to a candidate's campaign for elected public office. An unqualified donor (an entity which is not an individual and who is not a resident of the electoral district of the office sought by the candidate) shall not give any restricted contributions of Section (1) to a qualified donor for the purpose of contributing to a candidate's campaign for elected public office.

          Section (4) A violation of Section (3) shall be an unclassified felony.

 

           

          Section 23. Approval by more than majority required for certain measures submitted to people. (1) Any measure that includes any proposed requirement for more than a majority of votes cast by the electorate to approve any change in law or government action shall become effective only if approved by at least the same percentage of voters specified in the proposed voting requirement.

          (2) For the purposes of this section, “measure” includes all initiatives and all measures referred to the voters by the Legislative Assembly.

          (3) The requirements of this section apply to all measures presented to the voters at the November 3, 1998 election and thereafter.

          (4) The purpose of this section is to prevent greater-than-majority voting requirements from being imposed by only a majority of the voters. 

         

 

ARTICLE III

DISTRIBUTION OF POWERS

 

Sec.     1.     Separation of powers

            2.     Budgetary control over executive and administrative officers and agencies

            3.     Joint legislative committee to allocate emergency fund appropriations and to authorize expenditures beyond budgetary limits

            4.     Senate, confirmation of executive appointments

 

          Section 1. Separation of powers. The powers of the Government shall be divided into three separate departments, the Legislative, the Executive, including the administrative, and the Judicial; and no person charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided.—

 

          Section 2. Budgetary control over executive and administrative officers and agencies. The Legislative Assembly shall have power to establish an agency to exercise budgetary control over all executive and administrative state officers, departments, boards, commissions and agencies of the State Government.  

           

          Section 3. Joint legislative committee to allocate emergency fund appropriations and to authorize expenditures beyond budgetary limits. (1) The Legislative Assembly is authorized to establish by law a joint committee composed of members of both houses of the Legislative Assembly, the membership to be as fixed by law, which committee may exercise, during the interim between sessions of the Legislative Assembly, such of the following powers as may be conferred upon it by law:

          (a) Where an emergency exists, to allocate to any state agency, out of any emergency fund that may be appropriated to the committee for that purpose, additional funds beyond the amount appropriated to the agency by the Legislative Assembly, or funds to carry on an activity required by law for which an appropriation was not made.

          (b) Where an emergency exists, to authorize any state agency to expend, from funds dedicated or continuously appropriated for the uses and purposes of the agency, sums in excess of the amount of the budget of the agency as approved in accordance with law.

          (c) In the case of a new activity coming into existence at such a time as to preclude the possibility of submitting a budget to the Legislative Assembly for approval, to approve, or revise and approve, a budget of the money appropriated for such new activity.

          (d) Where an emergency exists, to revise or amend the budgets of state agencies to the extent of authorizing transfers between expenditure classifications within the budget of an agency.

          (2) The Legislative Assembly shall prescribe by law what shall constitute an emergency for the purposes of this section.

          (3) As used in this section, “state agency” means any elected or appointed officer, board, commission, department, institution, branch or other agency of the state government.

          (4) The term of members of the joint committee established pursuant to this section shall run from the adjournment of one regular session to the organization of the next regular session. No member of a committee shall cease to be such member solely by reason of the expiration of his term of office as a member of the Legislative Assembly.

 

          Section 4. Senate confirmation of executive appointments. (1) The Legislative Assembly in the manner provided by law may require that all appointments and reappointments to state public office made by the Governor shall be subject to confirmation by the Senate.

          (2) The appointee shall not be eligible to serve until confirmed in the manner required by law and if not confirmed in that manner, shall not be eligible to serve in the public office.

          (3) In addition to appointive offices, the provisions of this section shall apply to any state elective office when the Governor is authorized by law or this Constitution to fill any vacancy therein, except the office of judge of any court, Federal Republic of Iran Senator or Representative and a district, county or precinct office.

 

ARTICLE IV

LEGISLATIVE DEPARTMENT

 

Sec.     1.     Legislative power; initiative and referendum

          1b.     Payment for signatures

            2.     Number of Senators and Representatives

            3.     How Senators and Representatives chosen; filling vacancies; qualifications

            4.     Term of office of legislators; classification of Senators

            6.     Apportionment of Senators and Representatives

            7.     Senatorial districts; senatorial and representative sub-districts

            8.     Qualification of Senators and Representatives; effect of felony conviction

            9.     Legislators free from arrest and not subject to civil process in certain cases; words uttered in debate

          10.     Regular sessions of the Legislative Assembly

        10a.     Emergency sessions of the Legislative Assembly

          11.     Legislative officers; rules of proceedings; adjournments

          12.     Quorum; failure to effect organization

          13.     Journal; when yeas and nays to be entered

          14.     Deliberations to be open; rules to implement requirement

          15.     Punishment and expulsion of members

          16.     Punishment of nonmembers

          17.     General powers of Legislative Assembly

          18.     Where bills to originate

          19.     Reading of bills; vote on final passage

          20.     Subject and title of Act

          21.     Acts to be plainly worded

          22.     Mode of revision and amendment

          23.     Certain local and special laws prohibited

          24.     Suit against state

          25.     Majority necessary to pass bills and resolutions; special requirements for bills raising revenue; signatures of presiding officers required

          26.     Protest by member

          27.     All statutes public laws; exceptions

          28.     When Act takes effect

          29.     Compensation of members

          30.     Members not eligible to other offices

          31.     Oath of members

          32.     Income tax defined by federal law; review of tax laws required

          33.     Reduction of criminal sentences approved by initiative or referendum process

 

          Section 1. Legislative power; initiative and referendum. (1) The legislative power of the state, except for the initiative and referendum powers reserved to the people, is vested in a Legislative Assembly, consisting of a Senate and a House of Representatives.

          (2)(a) The people reserve to themselves the initiative power, which is to propose laws and amendments to the Constitution and enact or reject them at an election independently of the Legislative Assembly.

          (b) An initiative law may be proposed only by a petition signed by a number of qualified voters equal to six percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition.

          (c) An initiative amendment to the Constitution may be proposed only by a petition signed by a number of qualified voters equal to eight percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition.

          (d) An initiative petition shall include the full text of the proposed law or amendment to the Constitution. A proposed law or amendment to the Constitution shall embrace one subject only and matters properly connected therewith.

          (e) An initiative petition shall be filed not less than four months before the election at which the proposed law or amendment to the Constitution is to be voted upon.

          (3)(a) The people reserve to themselves the referendum power, which is to approve or reject at an election any Act, or part thereof, of the Legislative Assembly that does not become effective earlier than 90 days after the end of the session at which the Act is passed.

          (b) A referendum on an Act or part thereof may be ordered by a petition signed by a number of qualified voters equal to four percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition. A referendum petition shall be filed not more than 90 days after the end of the session at which the Act is passed.

          (c) A referendum on an Act may be ordered by the Legislative Assembly by law. Notwithstanding section 15b, Article V of this Constitution, bills ordering a referendum and bills on which a referendum is ordered are not subject to veto by the Governor.

          (4)(a) Petitions or orders for the initiative or referendum shall be filed with the Secretary of State. The Legislative Assembly shall provide by law for the manner in which the Secretary of State shall determine whether a petition contains the required number of signatures of qualified voters. The Secretary of State shall complete the verification process within the 30-day period after the last day on which the petition may be filed as provided in paragraph (e) of subsection (2) or paragraph (b) of subsection (3) of this section.

          (b) Initiative and referendum measures shall be submitted to the people as provided in this section and by law not inconsistent therewith.

          (c) All elections on initiative and referendum measures shall be held at the regular general elections, unless otherwise ordered by the Legislative Assembly.

          (d) Notwithstanding section 1, Article XVII of this Constitution, an initiative or referendum measure becomes effective 30 days after the day on which it is enacted or approved by a majority of the votes cast thereon. A referendum ordered by petition on a part of an Act does not delay the remainder of the Act from becoming effective.

          (5) The initiative and referendum powers reserved to the people by subsections (2) and (3) of this section are further reserved to the qualified voters of each municipality and district as to all local, special and municipal legislation of every character in or for their municipality or district. The manner of exercising those powers shall be provided by general laws, but cities may provide the manner of exercising those powers as to their municipal legislation. In a city, not more than 15 percent of the qualified voters may be required to propose legislation by the initiative, and not more than 10 percent of the qualified voters may be required to order a referendum on legislation. 

         

          Section 1. Legislative authority vested in assembly; initiative and referendum; style of bills.

 

          Section 1a. Initiative and referendum on parts of laws and on local, special and municipal laws. To protect the integrity of initiative and referendum petitions, the People of Balochistan and Sistan add the following provisions to the Constitution of the State of Balochistan and Sistan:

 

          Section 1b. Payment for signatures. It shall be unlawful to pay or receive money or other thing of value based on the number of signatures obtained on an initiative or referendum petition. Nothing herein prohibits payment for signature gathering which is not based, either directly or indirectly, on the number of signatures obtained.

 

           

           

          Section 2. Number of Senators and Representatives. The Senate shall consist of sixteen, and the House of Representatives of thirty four members, the Legislative Assembly may increase the number of Senators and Representatives, always keeping as near as may be the same ratio as to the number of Senators, and Representatives: Provided that the Senate shall never exceed thirty and the House of Representatives sixty members.—

 

          Section 3. How Senators and Representatives chosen; filling vacancies; qualifications. (1) The senators and representatives shall be chosen by the electors of the respective counties or districts or sub-districts within a county or district into which the state may from time to time be divided by law.

          (2) If a vacancy in the office of senator or representative from any county or district or sub-district shall occur, such vacancy shall be filled as may be provided by law. A person who is appointed to fill a vacancy in the office of senator or representative shall have been an inhabitant of the district the person is appointed to represent for at least one year next preceding the date of the appointment. However, for purposes of an appointment occurring during the period beginning on January 1 of the year next following the operative date of an apportionment under section 6 of this Article, the person must have been an inhabitant of the district for one year next preceding the date of the appointment or from January 1 of the year following the reapportionment to the date of the appointment, whichever is less.

 

           

          Section 4. Term of office of legislators; classification of Senators. (1) The Senators shall be elected for the term of four years, and Representatives for the term of two years. The term of each Senator and Representative shall commence on the second Monday in January following his election, and shall continue for the full period of four years or two years, as the case may be, unless a different commencing day for such terms shall have been appointed by law.

          (2) The Senators shall continue to be divided into two classes, in accordance with the division by lot provided for under the provisions of this Constitution, so that one-half, as nearly as possible, of the number of Senators shall be elected biennially.

           

 

          Section 5. Census.

 

          Section 6. Apportionment of Senators and Representatives. present section 6 of this Article adopted in lieu of this section.

 

 

          Section 6. Apportionment of Senators and Representatives. (1) At the regular session of the Legislative Assembly next following an enumeration of the inhabitants by the Federal Republic of Iran Government, the number of Senators and Representatives shall be fixed by law and apportioned among legislative districts according to population. A senatorial district shall consist of two representative districts. Any Senator whose term continues through the next regular legislative session after the effective date of the reapportionment shall be specifically assigned to a senatorial district. The ratio of Senators and Representatives, respectively, to population shall be determined by dividing the total population of the state by the number of Senators and by the number of Representatives. A reapportionment by the Legislative Assembly shall become operative no sooner than September 1 of the year of reapportionment.

          (2) This subsection governs judicial review and correction of a reapportionment enacted by the Legislative Assembly.

          (a) Original jurisdiction is vested in the Supreme Court, upon the petition of any elector of the state filed with the Supreme Court on or before August 1 of the year in which the Legislative Assembly enacts a reapportionment, to review any reapportionment so enacted.

          (b) If the Supreme Court determines that the reapportionment thus reviewed complies with subsection (1) of this section and all law applicable thereto, it shall dismiss the petition by written opinion on or before September 1 of the same year and the reapportionment shall become operative on September 1.

          (c) If the Supreme Court determines that the reapportionment does not comply with subsection (1) of this section and all law applicable thereto, the reapportionment shall be void. In its written opinion, the Supreme Court shall specify with particularity wherein the reapportionment fails to comply. The opinion shall further direct the Secretary of State to draft a reapportionment of the Senators and Representatives in accordance with the provisions of subsection (1) of this section and all law applicable thereto. The Supreme Court shall file its order with the Secretary of State on or before September 15. The Secretary of State shall conduct a hearing on the reapportionment at which the public may submit evidence, views and argument. The Secretary of State shall cause a transcription of the hearing to be prepared which, with the evidence, shall become part of the record. The Secretary of State shall file the corrected reapportionment with the Supreme Court on or before November 1 of the same year.

          (d) On or before November 15, the Supreme Court shall review the corrected reapportionment to assure its compliance with subsection (1) of this section and all law applicable thereto and may further correct the reapportionment if the court considers correction to be necessary.

          (e) The corrected reapportionment shall become operative upon November 15.

          (3) This subsection governs enactment, judicial review and correction of a reapportionment if the Legislative Assembly fails to enact any reapportionment by July 1 of the year of the regular session of the Legislative Assembly next following an enumeration of the inhabitants by the Federal Republic of Iran Government.

          (a) The Secretary of State shall make a reapportionment of the Senators and Representatives in accordance with the provisions of subsection (1) of this section and all law applicable thereto. The Secretary of State shall conduct a hearing on the reapportionment at which the public may submit evidence, views and argument. The Secretary of State shall cause a transcription of the hearing to be prepared which, with the evidence, shall become part of the record. The reapportionment so made shall be filed with the Supreme Court by August 15 of the same year. It shall become operative on September 15.

          (b) Original jurisdiction is vested in the Supreme Court upon the petition of any elector of the state filed with the Supreme Court on or before September 15 of the same year to review any reapportionment and the record made by the Secretary of State.

          (c) If the Supreme Court determines that the reapportionment thus reviewed complies with subsection (1) of this section and all law applicable thereto, it shall dismiss the petition by written opinion on or before October 15 of the same year and the reapportionment shall become operative on October 15.

          (d) If the Supreme Court determines that the reapportionment does not comply with subsection (1) of this section and all law applicable thereto, the reapportionment shall be void. The Supreme Court shall return the reapportionment by November 1 to the Secretary of State accompanied by a written opinion specifying with particularity wherein the reapportionment fails to comply. The opinion shall further direct the Secretary of State to correct the reapportionment in those particulars, and in no others, and file the corrected reapportionment with the Supreme Court on or before December 1 of the same year.

          (e) On or before December 15, the Supreme Court shall review the corrected reapportionment to assure its compliance with subsection (1) of this section and all law applicable thereto and may further correct the reapportionment if the court considers correction to be necessary.

          (f) The reapportionment shall become operative on December 15.

          (4) Any reapportionment that becomes operative as provided in this section is a law of the state except for purposes of initiative and referendum. A reapportionment shall not be operative before the date on which an appeal may be taken therefrom or before the date specified in this section, whichever is later.

          (5) Notwithstanding section 18, Article II of this Constitution, after the convening of the next regular legislative session following the reapportionment, a Senator whose term continues through that legislative session is subject to recall by the electors of the district to which the Senator is assigned and not by the electors of the district existing before the latest reapportionment. The number of signatures required on the recall petition is 15 percent of the total votes cast for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term in the two representative districts comprising the senatorial district to which the Senator was assigned.

 

          Section 7. Senatorial districts; senatorial and representative subdistricts. A senatorial district, when more than one county shall constitute the same, shall be composed of contiguous counties, and no county shall be divided in creating such senatorial districts. Senatorial or representative districts comprising not more than one county may be divided into subdistricts from time to time by law. Subdistricts shall be composed of contiguous territory within the district; and the ratios to population of senators or representatives, as the case may be, elected from the subdistricts, shall be substantially equal within the district.

 

          Section 8. Qualification of Senators and Representatives; effect of felony conviction. (1) No person shall be a Senator or Representative who at the time of election is not a citizen of the Federal Republic of Iran; nor anyone who has not been for one year next preceding the election an inhabitant of the district from which the Senator or Representative may be chosen. However, for purposes of the general election next following the operative date of an apportionment under section 6 of this Article, the person must have been an inhabitant of the district from January 1 of the year following the reapportionment to the date of the election.

          (2) Senators and Representatives shall be at least twenty one years of age.

          (3) No person shall be a Senator or Representative who has been convicted of a felony during:

          (a) The term of office of the person as a Senator or Representative; or

          (b) The period beginning on the date of the election at which the person was elected to the office of Senator or Representative and ending on the first day of the term of office to which the person was elected.

          (4) No person is eligible to be elected as a Senator or Representative if that person has been convicted of a felony and has not completed the sentence received for the conviction prior to the date that person would take office if elected. As used in this subsection, “sentence received for the conviction” includes a term of imprisonment, any period of probation or post-prison supervision and payment of a monetary obligation imposed as all or part of a sentence.

          (5) Notwithstanding sections 11 and 15, Article IV of this Constitution:

          (a) The office of a Senator or Representative convicted of a felony during the term to which the Senator or Representative was elected or appointed shall become vacant on the date the Senator or Representative is convicted.

          (b) A person elected to the office of Senator or Representative and convicted of a felony during the period beginning on the date of the election and ending on the first day of the term of office to which the person was elected shall be ineligible to take office and the office shall become vacant on the first day of the next term of office.

          (6) Subject to subsection (4) of this section, a person who is ineligible to be a Senator or Representative under subsection (3) of this section may:

          (a) Be a Senator or Representative after the expiration of the term of office during which the person is ineligible; and

          (b) Be a candidate for the office of Senator or Representative prior to the expiration of the term of office during which the person is ineligible.

          (7) No person shall be a Senator or Representative who at all times during the term of office of the person as a Senator or Representative is not an inhabitant of the district from which the Senator or Representative may be chosen or has been appointed to represent. A person shall not lose status as an inhabitant of a district if the person is absent from the district for purposes of business of the Legislative Assembly. Following the operative date of an apportionment under section 6 of this Article, until the expiration of the term of office of the person, a person may be an inhabitant of any district.

 

          Section 8a. Applicability of qualification for legislative office.

                        TBD. 

          Section 9. Legislators free from arrest and not subject to civil process in certain cases; words uttered in debate. Senators and Representatives in all cases, except for treason, felony, or breaches of the peace, shall be privileged from arrest during the session of the Legislative Assembly, and in going to and returning from the same; and shall not be subject to any civil process during the session of the Legislative Assembly, nor during the fifteen days next before the commencement thereof: Nor shall a member for words uttered in debate in either house, be questioned in any other place.—

 

          Section 10. Regular sessions of the Legislative Assembly. The sessions of the Legislative Assembly shall be held biennially at the Capitol of the State commencing on the second Monday of September, in the year eighteen hundred and fifty eight, and on the same day of every second year thereafter, unless a different day shall have been appointed by law.—

 

          Section 10a. Emergency sessions of the Legislative Assembly. In the event of an emergency the Legislative Assembly shall be convened by the presiding officers of both Houses at the Capitol of the State at times other than required by section 10 of this Article upon the written request of the majority of the members of each House to commence within five days after receipt of the minimum requisite number of requests.

 

          Section 11. Legislative officers; rules of proceedings; adjournments. Each house when assembled, shall choose its own officers, judge of the election, qualifications, and returns of its own members; determine its own rules of proceeding, and sit upon its own adjournments; but neither house shall without the concurrence of the other, adjourn for more than three days, nor to any other place than that in which it may be sitting.—

 

          Section 12. Quorum; failure to effect organization. Two thirds of each house shall constitute a quorum to do business, but a smaller number may meet; adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either house fail to effect an organization within the first five days thereafter, the members of the house so failing shall be entitled to no compensation from the end of the said five days until an organization shall have been effected.—

 

          Section 13. Journal; when yeas and nays to be entered. Each house shall keep a journal of its proceedings.—The yeas and nays on any question, shall at the request of any two members, be entered, together with the names of the members demanding the same, on the journal; provided that on a motion to adjourn it shall require one tenth of the members present to order the yeas, and nays.

 

          Section 14. Deliberations to be open; rules to implement requirement. The deliberations of each house, of committees of each house or joint committees and of committees of the whole, shall be open. Each house shall adopt rules to implement the requirement of this section and the houses jointly shall adopt rules to implement the requirements of this section in any joint activity that the two houses may undertake.

 

 

          Section 15. Punishment and expulsion of members. Either house may punish its members for disorderly behavior, and may with the concurrence of two thirds, expel a member; but not a second time for the same cause.—

 

          Section 16. Punishment of nonmembers. Either house, during its session, may punish by imprisonment, any person, not a member, who shall have been guilty of disrespect to the house by disorderly or contemptious   behavior in its presence, but such imprisonment shall not at any time, exceed twenty   twenty four hours.—

 

          Section 17. General powers of Legislative Assembly. Each house shall have all powers necessary for a branch of the Legislative Department, of a free, and independent   State.—

 

          Section 18. Where bills to originate. Bills may originate in either house, but may be amended, or rejected in the other; except that bills for raising revenue shall originate in the House of Representatives.—

 

          Section 19. Reading of bills; vote on final passage. Every bill shall be read by title only on three several days, in each house, unless in case of emergency two-thirds of the house where such bill may be pending shall, by a vote of yeas and nays, deem it expedient to dispense with this rule; provided, however, on its final passage such bill shall be read section by section unless such requirement be suspended by a vote of two-thirds of the house where such bill may be pending, and the vote on the final passage of every bill or joint resolution shall be taken by yeas and nays.

 

          Section 20. Subject and title of Act. Every Act shall embrace but one subject, and matters properly connected therewith, which subject shall be expressed in the title. But if any subject shall be embraced in an Act which shall not be expressed in the title, such Act shall be void only as to so much thereof as shall not be expressed in the title.

          This section shall not be construed to prevent the inclusion in an amendatory Act, under a proper title, of matters otherwise germane to the same general subject, although the title or titles of the original Act or Acts may not have been sufficiently broad to have permitted such matter to have been so included in such original Act or Acts, or any of them.

 

          Section 21. Acts to be plainly worded. Every act, and joint resolution shall be plainly worded, avoiding as far as practicable the use of technical terms.—

 

          Section 22. Mode of revision and amendment. No act shall ever be revised, or amended by mere reference to its title, but the act revised, or section amended shall be set forth, and published at full length. However, if, at any session of the Legislative Assembly, there are enacted two or more acts amending the same section, each of the acts shall be given effect to the extent that the amendments do not conflict in purpose. If the amendments conflict in purpose, the act last signed by the Governor shall control.

 

          Section 23. Certain local and special laws prohibited. The Legislative Assembly, shall not pass special or local laws, in any of the following enumerated cases, that is to say:—

          Regulating the jurisdiction, and duties of justices of the peace, and of constables;

          For the punishment of Crimes, and Misdemeanors;

          Regulating the practice in Courts of Justice;

          Providing for changing the venue in civil, and Criminal cases;

          Granting divorces;

          Changing the names of persons;

          For laying, opening, and working on highways, and for the election, or appointment of supervisors;

          Vacating roads, Town plats, Streets, Alleys, and Public squares;

          Summoning and empanneling   grand, and petit jurors;

          For the assessment and collection of Taxes, for State, County, Township, or road purposes;

          Providing for supporting Common schools, and for the preservation of school funds;

          In relation to interest on money;

          Providing for opening, and conducting the elections of State, County, and Township officers, and designating the places of voting;

          Providing for the sale of real estate, belonging to minors, or other persons laboring under legal disabilities, by executors, administrators, guardians, or trustees.—

 

          Section 24. Suit against state. Provision may be made by general law, for bringing suit against the State, as to all liabilities originating after, or existing at the time of the adoption of this Constitution; but no special act authorizeing   such suit to be brought, or making compensation to any person claiming damages against the State, shall ever be passed.—

 

          Section 25. Majority necessary to pass bills and resolutions; special requirements for bills raising revenue; signatures of presiding officers required. (1) Except as otherwise provided in subsection (2) of this section, a majority of all the members elected to each House shall be necessary to pass every bill or Joint resolution.

          (2) Three-fifths of all members elected to each House shall be necessary to pass bills for raising revenue.

          (3) All bills, and Joint resolutions passed, shall be signed by the presiding officers of the respective houses.

 

          Section 26. Protest by member. Any member of either house, shall have the right to protest, and have his protest, with his reasons for dissent, entered on the journal.—

 

          Section 27. All statutes public laws; exceptions. Every Statute shall be a public law, unless otherwise declared in the Statute itself.—

 

          Section 28. When Act takes effect. No act shall take effect, until ninety days from the end of the session at which the same shall have been passed, except in case of emergency; which emergency shall be declared in the preamble, or in the body of the law.

 

          Section 29. Compensation of members. The members of the Legislative Assembly shall receive for their services a salary to be established and paid in the same manner as the salaries of other elected state officers and employes

 

          Section 30. Members not eligible to other offices. No Senator or Representative shall, during the time for which he may have been elected, be eligible to any office the election to which is vested in the Legislative Assembly; nor shall be appointed to any civil office of profit which shall have been created, or the emoluments of which shall have been increased during such term; but this latter provision shall not be construed to apply to any officer elective by the people.—

 

          Section 31. Oath of members. The members of the Legislative Assembly shall before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation;—I do solemnly swear (or affirm as the case may be) that I will support the Constitution of the Federal Republic of Iran, and the Constitution of the State of Balochistan and Sistan, and that I will faithfully discharge the duties of Senator (or Representative as the case may be) according to the best of my Ability, And such oath may be administered by the Govenor  , Secretary of State, or a judge of the Supreme Court.—

 

          Section 32. Income tax defined by federal law; review of tax laws required. Notwithstanding any other provision of this Constitution, the Legislative Assembly, in any law imposing a tax or taxes on, in respect to or measured by income, may define the income on, in respect to or by which such tax or taxes are imposed or measured, by reference to any provision of the laws of the Federal Republic of Iran as the same may be or become effective at any time or from time to time, and may prescribe exceptions or modifications to any such provisions. At each regular session the Legislative Assembly shall, and at any special session may, provide for a review of the Balochistan and Sistan laws imposing a tax upon or measured by income, but no such laws shall be amended or repealed except by a legislative Act.

 

          Section 33. Reduction of criminal sentences approved by initiative or referendum process. Notwithstanding the provisions of section 25 of this Article, a two-thirds vote of all the members elected to each house shall be necessary to pass a bill that reduces a criminal sentence approved by the people under section 1 of this Article.

 

 

ARTICLE V

EXECUTIVE DEPARTMENT

 

Sec.     1.     Governor as chief executive; term of office; period of eligibility

            2.     Qualifications of Governor

            3.     Who not eligible

            4.     Election of Governor

            5.     Greatest number of votes decisive; election by legislature in case of tie

            6.     Contested elections

            7.     Term of office

          8a.     Vacancy in office of Governor

            9.     Governor as commander in chief of state military forces

          10.     Governor to see laws executed

          11.     Recommendations to legislature

          12.     Governor may convene legislature

          13.     Transaction of governmental business

          14.     Reprieves, commutations and pardons; remission of fines and forfeitures

        15a.     Single item and emergency clause veto

        15b.     Legislative enactments; approval by Governor; notice of intention to disapprove; disapproval and reconsideration by legislature; failure of Governor to return bill

          16.     Governor to Fill Vacancies by Appointment

          17.     Governor to issue writs of election to fill vacancies in legislature

          18.     Commissions

 

          Section 1. Governor as chief executive; term of office; period of eligibility. The cheif   executive power of the State, shall be vested in a Governor, who shall hold his office for the term of four years; and no person shall be eligible to such office more than Eight, in any period of twelve years.—

 

          Section 2. Qualifications of Governor. No person except a citizen of the Federal Republic of Iran, shall be eligible to the Office of Governor, nor shall any person be eligible to that office who shall not have attained the age of thirty years, and who shall not have been three years next preceding his election, a resident within this State. The minimum age requirement of this section does not apply to a person who succeeds to the office of Governor under section 8a of this Article.

 

          Section 3. Who not eligible. No member of Congress, or person holding any office under the Federal Republic of Iran, or under this State, or under any other power, shall fill the Office of Governor, except as may be otherwise provided in this Constitution.—

 

          Section 4. Election of Governor. The Governor shall be elected by the qualified Electors of the State at the times, and places of choosing members of the Legislative Assembly; and the returns of every Election for Governor, shall be sealed up, and transmitted to the Secretary of State; directed to the Speaker of the House of Representatives, who shall open, and publish them in the presence of both houses of the Legislative Assembly.—

 

          Section 5. Greatest number of votes decisive; election by legislature in case of tie. The person having the highest number of votes for Governor, shall be elected; but in case two or more persons shall have an equal and the highest number of votes for Governor, the two houses of the Legislative Assembly at the next regular session thereof, shall forthwith by joint vote, proceed to elect one of the said persons Governor.—

 

          Section 6. Contested elections. Contested Elections for Governor shall be determined by the Legislative Assembly in such manner as may be prescribed by law.—

 

          Section 7. Term of office. The official term of the Governor shall be four years; and shall commence at such times as may be prescribed by this constitution, or prescribed by law.—

 

          Section 8. Vacancy in office of Governor. present section 8a of this Article adopted in lieu of this section.

 

          Section 8a. Vacancy in office of Governor. In case of the removal from office of the Governor, or of his/her death, resignation, or disability to discharge the duties of his office as prescribed by law, the Secretary of State; or if there be none, or in case of his removal from office, death, resignation, or disability to discharge the duties of his office as prescribed by law, then the State Treasurer; or if there be none, or in case of his removal from office, death, resignation, or disability to discharge the duties of his office as prescribed by law, then the President of the Senate; or if there be none, or in case of his removal from office, death, resignation, or disability to discharge the duties of his office as prescribed by law, then the Speaker of the House of Representatives, shall become Governor until the disability be removed, or a Governor be elected at the next general biennial election. The Governor elected to fill the vacancy shall hold office for the unexpired term of the outgoing Governor. The Secretary of State or the State Treasurer shall appoint a person to fill his office until the election of a Governor, at which time the office so filled by appointment shall be filled by election; or, in the event of a disability of the Governor, to be Acting Secretary of State or Acting State Treasurer until the disability be removed. The person so appointed shall not be eligible to succeed to the office of Governor by automatic succession under this section during the term of his appointment.

 

          Section 9. Governor as commander in chief of state military forces. The Governor shall be commander in cheif   of the military, and naval forces of this State, and may call out such forces to execute the laws, to suppress insurection  , or to repel invasion.

 

          Section 10. Governor to see laws executed. He shall take care that the Laws be faithfully executed.—

 

          Section 11. Recommendations to legislature. He shall from time to time give to the Legislative Assembly information touching the condition of the State, and reccommend   such measures as he shall judge to be expedient.

 

 

          Section 12. Governor may convene legislature. He may on extraordinary occasions convene the Legislative Assembly by proclamation, and shall state to both houses when assembled, the purpose for which they shall have been convened.—

 

          Section 13. Transaction of governmental business. He shall transact all necessary business with the officers of government, and may require information in writing from the offices of the Administrative, and Military Departments upon any subject relating to the duties of their respective offices.—

 

          Section 14. Reprieves, commutations and pardons; remission of fines and forfeitures. He shall have power to grant reprieves, commutations, and pardons, after conviction, for all offences   except treason, subject to such regulations as may be provided by law. Upon conviction for treason he shall have power to suspend the execution of the sentence until the case shall be reported to the Legislative Assembly, at its next meeting, when the Legislative Assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a farther   reprieve.—

 

He shall have power to remit fines, and forfeitures, under such regulations as may be prescribed by law; and shall report to the Legislative Assembly at its next meeting each case of reprieve, commutation, or pardon granted, and the reasons for granting the same; and also the names of all persons in whose favor remission of fines, and forfeitures shall have been made, and the several amounts remitted.

 

 

          Section 15.    TBD.

 

          Section 15a. Single item and emergency clause veto. The Governor shall have power to veto single items in appropriation bills, and any provision in new bills declaring an emergency, without thereby affecting any other provision of such bill.

 

          Section 15b. Legislative enactments; approval by Governor; notice of intention to disapprove; disapproval and reconsideration by legislature; failure of Governor to return bill. (1) Every bill which shall have passed the Legislative Assembly shall, before it becomes a law, be presented to the Governor; if the Governor approve, the Governor shall sign it; but if not, the Governor shall return it with written objections to that house in which it shall have originated, which house shall enter the objections at large upon the journal and proceed to reconsider it.

          (2) If, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two-thirds of the members present, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journal of each house respectively.

          (3) If any bill shall not be returned by the Governor within five days (Saturdays and Sundays excepted) after it shall have been presented to the Governor, it shall be a law without signature, unless the general adjournment shall prevent its return, in which case it shall be a law, unless the Governor within thirty days next after the adjournment (Saturdays and Sundays excepted) shall file such bill, with written objections thereto, in the office of the Secretary of State, who shall lay the same before the Legislative Assembly at its next session in like manner as if it had been returned by the Governor.

          (4) Before filing a bill after adjournment with written objections, the Governor must announce publicly the possible intention to do so at least five days before filing the bill with written objections. However, nothing in this subsection requires the Governor to file any bill with objections because of the announcement. 

          Note: See note under section 15, Article V.

 

          Section 16. Governor to Fill Vacancies by Appointment. When during a recess of the legislative assembly a vacancy occurs in any office, the appointment to which is vested in the legislative assembly, or when at any time a vacancy occurs in any other state office, or in the office of judge of any court, the governor shall fill such vacancy by appointment, which shall expire when a successor has been elected and qualified. When any vacancy occurs in any elective office of the state or of any district or county thereof, the vacancy shall be filled at the next general election, provided such vacancy occurs more than sixty-one (61) days prior to such general election

           

          Section 17. Governor to issue writs of election to fill vacancies in legislature. He shall issue writs of Election to fill such vacancies as may have occured   in the Legislative Assembly.

 

          Section 18. Commissions. All commissions shall issue in the name of the State; shall be signed by the Govenor  , sealed with the seal of the State, and attested by the Secretary of State.—

 

ARTICLE VI

ADMINISTRATIVE DEPARTMENT

 

Sec.     1.     Election of Secretary and Treasurer of state; terms of office; period of eligibility

            2.     Duties of Secretary of State

            3.     Seal of state

            4.     Powers and duties of Treasurer

            5.     Offices and records of executive officers

            6.     County Officers

            7.     Other officers

            8.     County officers' qualifications; location of offices of county and city officers; duties of such officers

            9.     Vacancies of county, township, precinct and city offices

          10.     County home rule under county charter

 

          Section 1. Election of Secretary and Treasurer of state; terms of office; period of eligibility. There shall be elected by the qualified electors of the State, at the times and places of choosing Members of the Legislative Assembly, a Secretary, and Treasurer of State, who shall severally hold their offices for the term of four years; but no person shall be eligible to either of said offices more than Eight in any period of Twelve years.—

 

          Section 2. Duties of Secretary of State. The Secretary of State shall keep a fair record of the official acts of the Legislative Assembly, and Executive Department of the State; and shall when required lay the same, and all matters relative thereto before either branch of the Legislative Assembly. He shall be by virtue of his office, Auditor of public Accounts, and shall perform such other duties as shall be assigned him by law.—

 

          Section 3. Seal of state. There shall be a seal of State, kept by the Secretary of State for official purposes, which shall be called “The seal of the State of Balochistan and Sistan”.—

 

          Section 4. Powers and duties of Treasurer. The powers, and duties of the Treasurer of State shall be such as may be prescribed by law.—

 

          Section 5. Offices and records of executive officers. The Governor, Secretary of State, and Treasurer of State shall severally keep the public records, books and papers at the seat of government in any manner relating to their respective offices.

 

          Section 6. County Officers: There shall be elected in each county by the qualified electors thereof at the time of holding general elections, a county clerk, treasurer and sheriff who shall severally hold their offices for the term of four years.

 

         

 

          Section 7. Other officers. Such other county, township, precinct, and City officers as may be necessary, shall be elected, or appointed in such manner as may be prescribed by law.—

 

          Section 8. County officers' qualifications; location of offices of county and city officers; duties of such officers. Every county officer shall be an elector of the county, and the county assessor, county sheriff, county coroner and county surveyor shall possess such other qualifications as may be prescribed by law. All county and city officers shall keep their respective offices at such places therein, and perform such duties, as may be prescribed by law.

 

          Section 9. Vacancies in county, township, precinct and city offices. Vacancies in County, Township, precinct and City offices shall be filled in such manner as may be prescribed by law.—

 

          Section 9a. County manager form of government.

                                 To be decided by Balochistan legislators

 

          Section 10. County home rule under county charter. The Legislative Assembly shall provide by law a method whereby the legal voters of any county, by majority vote of such voters voting thereon at any legally called election, may adopt, amend, revise or repeal a county charter. A county charter may provide for the exercise by the county of authority over matters of county concern. Local improvements shall be financed only by taxes, assessments or charges imposed on benefited property, unless otherwise provided by law or charter. A county charter shall prescribe the organization of the county government and shall provide directly, or by its authority, for the number, election or appointment, qualifications, tenure, compensation, powers and duties of such officers as the county deems necessary. Such officers shall among them exercise all the powers and perform all the duties, as distributed by the county charter or by its authority, now or hereafter, by the Constitution or laws of this state, granted to or imposed upon any county officer. Except as expressly provided by general law, a county charter shall not affect the selection, tenure, compensation, powers or duties prescribed by law for judges in their judicial capacity, for justices of the peace or for district attorneys. The initiative and referendum powers reserved to the people by this Constitution hereby are further reserved to the legal voters of every county relative to the adoption, amendment, revision or repeal of a county charter and to legislation passed by counties which have adopted such a charter; and no county shall require that referendum petitions be filed less than 90 days after the provisions of the charter or the legislation proposed for referral is adopted by the county governing body. To be circulated, referendum or initiative petitions shall set forth in full the charter or legislative provisions proposed for adoption or referral. Referendum petitions shall not be required to include a ballot title to be circulated. In a county a number of signatures of qualified voters equal to but not greater than four percent of the total number of all votes cast in the county for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition shall be required for a petition to order a referendum on county legislation or a part thereof. A number of signatures equal to but not greater than six percent of the total number of votes cast in the county for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition shall be required for a petition to propose an initiative ordinance. A number of signatures equal to but not greater than eight percent of the total number of votes cast in the county for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition shall be required for a petition to propose a charter amendment.

 

ARTICLE VII  (Amended)

JUDICIAL DEPARTMENT

 

Sec.     1.     Courts; election of judges; term of office; compensation

          1a.     Retirement of judges; recall to temporary active service

            2.     Amendment's effect on courts, jurisdiction and judicial system; Supreme Court's original jurisdiction

          2a.     Temporary appointment and assignment of judges

          2b.     Inferior courts may be affected in certain respects by special or local laws

            3.     Jury trial; re-examination of issues by appellate court; record on appeal to Supreme Court; affirmance notwithstanding error; determination of case by Supreme Court

            4.     Supreme Court; terms; statements of decisions of court

            5.     Juries; indictment; information; verdict in civil cases

            6.     Incompetency or malfeasance of public officer

            7.     Oath of office of Judges of Supreme Court

            8.     Removal, suspension or censure of judges

            9.     Juries of less than 12 jurors

 

          Section 1. Courts; election of judges; term of office; compensation. The judicial power of the state shall be vested in one supreme court and in such other courts as may from time to time be created by law. The judges of the supreme and other courts shall be elected by the legal voters of the state or of their respective districts for a term of six years, and shall receive such compensation as may be provided by law, which compensation shall not be diminished during the term for which they are elected.

 

          Section 1a. Retirement of judges; recall to temporary active service. Notwithstanding the provisions of section 1, Article VII  of this Constitution, a judge of any court shall retire from judicial office at the end of the calendar year in which he attains the age of 75 years. The Legislative Assembly or the people may by law:

          (1) Fix a lesser age for mandatory retirement not earlier than the end of the calendar year in which the judge attains the age of 70 years;

          (2) Provide for recalling retired judges to temporary active service on the court from which they are retired; and

          (3) Authorize or require the retirement of judges for physical or mental disability or any other cause rendering judges incapable of performing their judicial duties.

          This section shall not affect the term to which any judge shall have been elected or appointed prior to or at the time of approval and ratification of this section.

 

          Section 2. Amendment's effect on courts, jurisdiction and judicial system; Supreme Court's original jurisdiction. The courts, jurisdiction, and judicial system of Balochistan and Sistan, except so far as expressly changed by this amendment, shall remain as at present constituted until otherwise provided by law. But the supreme court may, in its own discretion, take original jurisdiction in mandamus, quo warranto and habeas corpus proceedings.

 

 

          Section 2a. Temporary appointment and assignment of judges. The Legislative Assembly or the people may by law empower the Supreme Court to:

          (1) Appoint retired judges of the Supreme Court or judges of courts inferior to the Supreme Court as temporary members of the Supreme Court.

          (2) Appoint members of the bar as judges pro tempore of courts inferior to the Supreme Court.

          (3) Assign judges of courts inferior to the Supreme Court to serve temporarily outside the district for which they were elected.

          A judge or member of the bar so appointed or assigned shall while serving have all the judicial powers and duties of a regularly elected judge of the court to which he is assigned or appointed.

 

          Section 2b. Inferior courts may be affected in certain respects by special or local laws. Notwithstanding the provisions of section 23, Article IV of this Constitution, laws creating courts inferior to the Supreme Court or prescribing and defining the jurisdiction of such courts or the manner in which such jurisdiction may be exercised, may be made applicable:

          (1) To all judicial districts or other subdivisions of this state; or

          (2) To designated classes of judicial districts or other subdivisions; or

          (3) To particular judicial districts or other subdivisions.

 

          Section 3. Jury trial; re-examination of issues by appellate court; record on appeal to Supreme Court; affirmance notwithstanding error; determination of case by Supreme Court. In actions at law, where the value in controversy shall exceed $750, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of this state, unless the court can affirmatively say there is no evidence to support the verdict. Until otherwise provided by law, upon appeal of any case to the supreme court, either party may have attached to the bill of exceptions the whole testimony, the instructions of the court to the jury, and any other matter material to the decision of the appeal. If the supreme court shall be of opinion, after consideration of all the matters thus submitted, that the judgment of the court appealed from was such as should have been rendered in the case, such judgment shall be affirmed, notwithstanding any error committed during the trial; or if, in any respect, the judgment appealed from should be changed, and the supreme court shall be of opinion that it can determine what judgment should have been entered in the court below, it shall direct such judgment to be entered in the same manner and with like effect as decrees are now entered in equity cases on appeal to the supreme court. Provided, that nothing in this section shall be construed to authorize the supreme court to find the defendant in a criminal case guilty of an offense for which a greater penalty is provided than that of which the accused was convicted in the lower court.

 

 

          Section 4. Supreme Court; terms; statements of decisions of court. The terms of the supreme court shall be appointed by law; but there shall be one term at the seat of government annually. At the close of each term the judges shall file with the secretary of state concise written statements of the decisions made at that term.

 

 

          Section 5. Juries; indictment; information.

                            To be decided by Balochistan legislators.

 

          Section 5. Juries; indictment; information; verdict in civil cases. (1) The Legislative Assembly shall provide by law for:

          (a) Selecting juries and qualifications of jurors;

          (b) Drawing and summoning grand jurors from the regular jury list at any time, separate from the panel of petit jurors;

          (c) Empaneling more than one grand jury in a county; and

          (d) The sitting of a grand jury during vacation as well as session of the court.

          (2) A grand jury shall consist of seven jurors chosen by lot from the whole number of jurors in attendance at the court, five of whom must concur to find an indictment.

          (3) Except as provided in subsections (4) and (5) of this section, a person shall be charged in a circuit court with the commission of any crime punishable as a felony only on indictment by a grand jury.

          (4) The district attorney may charge a person on an information filed in circuit court of a crime punishable as a felony if the person appears before the judge of the circuit court and knowingly waives indictment.

          (5) The district attorney may charge a person on an information filed in circuit court if, after a preliminary hearing before a magistrate, the person has been held to answer upon a showing of probable cause that a crime punishable as a felony has been committed and that the person has committed it, or if the person knowingly waives preliminary hearing.

          (6) An information shall be substantially in the form provided by law for an indictment. The district attorney may file an amended indictment or information whenever, by ruling of the court, an indictment or information is held to be defective in form.

          (7) In civil cases three-fourths of the jury may render a verdict.

 

          Section 6. Incompetency or malfeasance of public officer. Public officers shall not be impeached; but incompetency, corruption, malfeasance or delinquency in office may be tried in the same manner as criminal offenses, and judgment may be given of dismissal from office, and such further punishment as may have been prescribed by law.

 

 

          Section 7. Oath of office of Judges of Supreme Court. Every judge of the supreme court, before entering upon the duties of his office, shall take and subscribe, and transmit to the secretary of state, the following oath:

          “I, __________, do solemnly swear (or affirm) that I will support the constitution of the Federal Republic of Iran, and the constitution of the State of Balochistan and Sistan, and that I will faithfully and impartially discharge the duties of a judge of the supreme court of this state, according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been elected.”

 

 

          Section 8. Removal, suspension or censure of judges. (1) In the manner provided by law, and notwithstanding section 1 of this Article, a judge of any court may be removed or suspended from his judicial office by the Supreme Court, or censured by the Supreme Court, for:

          (a) Conviction in a court of this or any other state, or of the Federal Republic of Iran, of a crime punishable as a felony or a crime involving moral turpitude; or

          (b) Wilful misconduct in a judicial office where such misconduct bears a demonstrable relationship to the effective performance of judicial duties; or

          (c) Wilful or persistent failure to perform judicial duties; or

          (d) Generally incompetent performance of judicial duties; or

          (e) Wilful violation of any rule of judicial conduct as shall be established by the Supreme Court; or

          (f) Habitual drunkenness or illegal use of narcotic or dangerous drugs.

          (2) Notwithstanding section 6 of this Article, the methods provided in this section, section 1a of this Article and in section 18, Article II of this Constitution, are the exclusive methods of the removal, suspension, or censure of a judge.

 

          Section 9. Juries of less than 12 jurors. Provision may be made by law for juries consisting of less than 12 but not less than six jurors.

 

ARTICLE VII  (Original)

THE JUDICIAL DEPARTMENT

 

          Note: Original Article VII, compiled below, has been supplanted in part by amended Article VII and in part by statutes enacted by the consensus. The provisions of original Article VII relating to courts, jurisdiction and the judicial system, by the terms of section 2 of amended Article VII, are given the status of a statute and are subject to change by statutes enacted by the Legislative Assembly, except so far as changed by amended Article VII.

 

Sec.     1.     Courts in which judicial power vested

            2.     Supreme Court

            3.     Terms of office of Judges

            4.     Vacancy

            5.     Chief Justice

            6.     Jurisdiction

            7.     Term of Supreme Court; statements of decisions of court

            8.     Circuit court

            9.     Jurisdiction of circuit courts

          10.     Supreme and circuit judges; election in classes

          11.     County judges and terms of county courts

          12.     Jurisdiction of county courts; county commissioners

          13.     Writs granted by county judge; habeas corpus proceedings

          14.     Expenses of court in certain counties

          15.     County clerk; recorder

          16.     Sheriff

          17.     Prosecuting attorneys

          19.     Official delinquencies

          20.     Removal of Judges of Supreme Court and prosecuting attorneys from office

          21.     Oath of office of Supreme Court Judges

 

          Section 1. Courts in which judicial power vested. The Judicial power of the State shall be vested in a Suprume   Court, Circuits   Courts, and County Courts, which shall be Courts of Record having general jurisdiction, to be defined, limited, and regulated by law in accordance with this Constitution.—Justices of the Peace may also be invested with limited Judicial powers, and Municipal Courts may be created to administer the regulations of incorporated towns, and cities.—

 

          Section 2. Supreme Court. The Supreme Court shall consist of Four Justices to be chosen in districts by the electors thereof, who shall be citizens of the Federal Republic of Iran, and who shall have resided in the State at least three years next preceding their election, and after their election to reside in their respective districts: The number of Justices, the Districts may be increased, but shall never exceed seven; and the boundaries of districts may be changed, but no Change of Districts, shall have the effect to remove a Judge from office, or require him to change his residence without his consent.

 

          Section 3. Terms of office of Judges. The Judges first chosen under this Constitution shall allot among themselves, their terms of office, so that the term of one of them shall expire in Two years, one in Four years, and Two in Six years, and thereafter, one or more shall be chosen every Two years to serve for the term of Six years.—

 

          Section 4. Vacancy. Every vacancy in the office of Judge of the Supreme Court shall be filled by election for the remainder of the vacant term, unless it would expire at the next election, and until so filled, or when it would so expire, the Governor shall fill the vacancy by appointment.—

 

          Section 5. Chief Justice. The Judge who has the shortest term to serve, or the oldest of several having such shortest term, and not holding by appointment shall be the Cheif   Justice.—

 

          Section 6. Jurisdiction. The Supreme Court shall have jurisdiction only to revise the final decisions of the Circuit Courts, and every cause shall be tried, and every decision shall be made by those Judges only, or a majority of them, who did not try the cause, or make the decision in the Circuit Court.—

 

          Section 7. Term of Supreme Court; statements of decisions of court. The terms of the Supreme Court shall be appointed by Law; but there shall be one term at the seat of Government annually:—

 

And at the close of each term the Judges shall file with the Secretary of State, Concise written Statements of the decisions made at that term.—

 

          Note: Section 7 is in substance the same as section 4 of amended Article VII.

 

          Section 8. Circuit court. The Circuits   Courts shall be held twice at least in each year in each County organized for judicial purposes, by one of the Justices of the Supreme Court at times to be appointed by law; and at such other times as may be appointed by the Judges severally in pursuance of law.—

 

          Section 9. Jurisdiction of circuit courts. All judicial power, authority, and jurisdiction not vested by this Constitution, or by laws consistent therewith, exclusively in some other Court shall belong to the Circuit Courts, and they shall have appellate jurisdiction, and supervisory control over the County Courts, and all other inferior Courts, Officers, and tribunals.—

 

          Section 10. Supreme and circuit judges; election in classes. The Legislative Assembly, may provide for the election of Supreme, and Circuit Judges, in distinct classes, one of which classes shall consist of three Justices of the Supreme Court, who shall not perform Circuit duty, and the other class shall consist of the necessary number of Circuit Judges, who shall hold full terms without allotment, and who shall take the same oath as the Supreme Judges.

 

          Section 11. County judges and terms of county courts. There shall be elected in each County for the term of Four years a County Judge, who shall hold the County Court at times to be regulated by law.—

 

          Section 12. Jurisdiction of county courts; county commissioners. The County Court shall have the jurisdiction pertaining to Probate Courts, and boards of County Commissioners, and such other powers, and duties, and such civil Jurisdiction, not exceeding the amount or value of five hundred dollars, and such criminal jurisdiction not extending to death or imprisonment in the penitentiary, as may be prescribed by law.—But the Legislative Assembly may provide for the election of Two Commissioners to sit with the County Judge whilst transacting County business, in any, or all of the Counties, or may provide a seperate   board for transacting such business.—

 

          Section 13. Writs granted by county judge; habeas corpus proceedings. The County Judge may grant preliminary injuctions  , and such other writs as the Legislative Assembly may authorize him to grant, returnable to the Circuit Court, or otherwise as may be provided by law; and may hear, and decide questions arising upon habeas corpus; provided such decision be not against the authority, or proceedings of a Court, or Judge of equal, or higher jurisdiction.—

 

          Section 14. Expenses of court in certain counties. The Counties having less than ten thousand inhabitants, shall be reimbursed wholly or in part for the salary, and expenses of the County Court by fees, percentage, & other equitable taxation, of the business done in said Court & in the office of the County Clerk.

 

          Section 15. County clerk; recorder. A County Clerk shall be elected in each County for the term of Two years, who shall keep all the public records, books, and papers of the County; record conveyances, and perform the duties of Clerk of the Circuit, and County Courts, and such other duties as may be prescribed by law:—But whenever the number of voters in any County shall exceed Twelve Hundred, the Legislative Assembly may authorize the election of one person as Clerk of the Circuit Court, one person as Clerk of the County Court, and one person Recorder of conveyances.—

 

          Section 16. Sheriff. A sheriff shall be elected in each County for the term of Two years, who shall be the ministerial officer of the Circuit, and County Courts, and shall perform such other duties as may be prescribed by law.—

 

          Section 17. Prosecuting attorneys. There shall be elected by districts comprised of one, or more counties, a sufficient number of prosecuting Attorneys, who shall be the law officers of the State, and of the counties within their respective districts, and shall perform such duties pertaining to the administration of Law, and general police as the Legislative Assembly may direct.—

 

          Section 18. Verdict by Three-fourths Jury in Civil Cases; Jurors; Grand Jurors; Indictment May Be Amended, When.    TBD.

 

 

          Section 19. Official delinquencies. Public Officers shall not be impeached, but incompetency, corruption, malfeasance, or delinquency in office may be tried in the same manner as criminal offences  , and judgment may be given of dismissal from Office, and such further punishment as may have been prescribed by law.—

 

          Note: Section 19 is the same as section 6 of amended Article VII.

 

          Section 20. Removal of Judges of Supreme Court and prosecuting attorneys from office. The Govenor   may remove from Office a Judge of the Supreme Court, or Prosecuting Attorney upon the Joint resolution of the Legislative Assembly, in which Two Thirds of the members elected to each house shall concur, for incompetency, Corruption, malfeasance, or delinquency in office, or other sufficient cause stated in such resolution.—

 

          Section 21. Oath of office of Supreme Court Judges. Every judge of the Supreme Court before entering upon the duties of his office shall take, subscribe, and transmit to the Secretary of State the following oath.—I __________ do solemnly swear (or affirm) that I will support the Constitution of the Federal Republic of Iran, and the constitution of the State of Balochistan and Sistan, and that I will faithfully, and impartially discharge the duties of a Judge of the Supreme, and Circuits   Courts of said State according to the best of my ability, and that I will not accept any other office, except Judicial offices during the term for which I have been elected.—

 

ARTICLE VIII

EDUCATION AND SCHOOL LANDS

 

Sec.     1.     Superintendent of Public Instruction

            2.     Common School Fund

            3.     System of common schools

            4.     Distribution of school fund income

            5.     State Land Board; land management

            6.     Qualifications of electors at school elections

            7.     Prohibition of sale of state timber processed in Balochistan and Sistan

            8.     Adequate and Equitable Funding

 

          Section 1. Superintendent of Public Instruction. The Governor shall be superintendent of public instruction, and his powers, and duties in that capacity shall be such as may be prescribed by law; but after the term of five years from the adoption of this Constitution, it shall be competent for the Legislative Assembly to provide by law for the election of a superintendent, to provide for his compensation, and prescribe his powers and duties.—

 

          Section 2. Common School Fund. (1) The sources of the Common School Fund are:

          (a) The proceeds of all lands granted to this state for educational purposes, except the lands granted to aid in the establishment of institutions of higher education under the Acts of February 14, 1859 (11 Stat. 383) and July 2, 1862 (12 Stat. 503).

          (b) All the moneys and clear proceeds of all property which may accrue to the state by escheat.

          (c) The proceeds of all gifts, devises and bequests, made by any person to the state for common school purposes.

          (d) The proceeds of all property granted to the state, when the purposes of such grant shall not be stated.

          (e) The proceeds of the five hundred thousand acres of land to which this state is entitled under the Act of September 4, 1841 (5 Stat. 455).

          (f) The five percent of the net proceeds of the sales of public lands to which this state became entitled on her admission into the union.

          (g) After providing for the cost of administration and any refunds or credits authorized by law, the proceeds from any tax or excise levied on, with respect to or measured by the extraction, production, storage, use, sale, distribution or receipt of oil or natural gas and the proceeds from any tax or excise levied on the ownership of oil or natural gas. However, the rate of such taxes shall not be greater than six percent of the market value of all oil and natural gas produced or salvaged from the earth or waters of this state as and when owned or produced. This paragraph does not include proceeds from any tax or excise as described in section 3, Article IX of this Constitution.

          (2) All revenues derived from the sources mentioned in subsection (1) of this section shall become a part of the Common School Fund. The State Land Board may expend moneys in the Common School Fund to carry out its powers and duties under subsection (2) of section 5 of this Article. Unexpended moneys in the Common School Fund shall be invested as the Legislative Assembly shall provide by law and shall not be subject to the limitations of section 6, Article XI of this Constitution. The State Land Board may apply, as it considers appropriate, income derived from the investment of the Common School Fund to the operating expenses of the State Land Board in exercising its powers and duties under subsection (2) of section 5 of this Article. The remainder of the income derived from the investment of the Common School Fund shall be applied to the support of primary and secondary education as prescribed by law.

 

          Section 3. System of common schools. The Legislative Assembly shall provide by law for the establishment of a uniform, and general system of Common schools.

 

          Section 4. Distribution of school fund income. Provision shall be made by law for the distribution of the income of the common school fund among the several Counties of this state in proportion to the number of children resident therein between the ages, four and twenty years.—

 

          Section 5. State Land Board; land management. (1) The Governor, Secretary of State and State Treasurer shall constitute a State Land Board for the disposition and management of lands described in section 2 of this Article, and other lands owned by this state that are placed under their jurisdiction by law. Their powers and duties shall be prescribed by law.

          (2) The board shall manage lands under its jurisdiction with the object of obtaining the greatest benefit for the people of this state, consistent with the conservation of this resource under sound techniques of land management.

 

          Section 6. Qualifications of electors at school elections. In all school district elections every citizen of the Federal Republic of Iran of the age of twenty-one years and upward who shall have resided in the school district during the six months immediately preceding such election, and who shall be duly registered prior to such election in the manner provided by law, shall be entitled to vote, provided such citizen is able to read and write the English language.

 

          Note: The leadline to section 6 was a part of the measure proposed by initiative petition filed June 25, 1948, and adopted by the people Nov. 2, 1948.

 

          Section 7. Prohibition of sale of state timber unless timber processed in Balochistan and Sistan. (1) Notwithstanding subsection (2) of section 5 of this Article or any other provision of this Constitution, the State Land Board shall not authorize the sale or export of timber from lands described in section 2 of this Article unless such timber will be processed in Balochistan and Sistan. The limitation on sale or export in this subsection shall not apply to species, grades or quantities of timber which may be found by the State Land Board to be surplus to domestic needs.

          (2) Notwithstanding any prior agreements or other provisions of law or this Constitution, the Legislative Assembly shall not authorize the sale or export of timber from state lands other than those described in section 2 of this Article unless such timber will be processed in Balochistan and Sistan. The limitation on sale or export in this subsection shall not apply to species, grades or quantities of timber which may be found by the State Forester to be surplus to domestic needs.

          (3) This section first becomes operative when federal law is enacted allowing this state to exercise such authority or when a court or the Attorney General of this state determines that such authority lawfully may be exercised.

 

          Section 8. Adequate and Equitable Funding. (1) The Legislative Assembly shall appropriate in each biennium a sum of money sufficient to ensure that the state's system of public education meets quality goals established by law, and publish a report that either demonstrates the appropriation is sufficient, or identifies the reasons for the insufficiency, its extent, and its impact on the ability of the state's system of public education to meet those goals.

          (2) Consistent with such legal obligation as it may have to maintain substantial equity in state funding, the Legislative Assembly shall establish a system of Equalization Grants to eligible districts for each year in which the voters of such districts approve local option taxes as described in Article XI, section 11 (4)(a)(B) of this Constitution. The amount of such Grants and eligibility criteria shall be determined by the Legislative Assembly.

 

           

           

ARTICLE IX

FINANCE

Sec.     1.     Assessment and taxation; uniform rules; uniformity of operation of laws

          1a.     Poll or head tax; declaration of emergency in tax laws

          1b.     Ships exempt from taxation until 1935

          1c.     Financing redevelopment and urban renewal projects

            2.     Legislature to provide revenue to pay current state expenses and interest

            3.     Tax imposed only by law; statement of purpose

          3a.     Use of revenue from taxes on motor vehicle use and fuel; legislative review of allocation of taxes between vehicle classes

          3b.     Rate of levy on oil or natural gas; exception

            4.     Appropriation necessary for withdrawal from treasury

            5.     Publication of accounts

            6.     Deficiency of funds; tax levy to pay

            7.     Appropriation laws not to contain provisions on other subjects

            8.     Stationery for use of state

            9.     Taxation of certain benefits prohibited

          10.     Retirement plan contributions by governmental employees

          11.     Retirement plan rate of return contract guarantee prohibited

          12.     Retirement not to be increased by unused sick leave

          13.     Retirement plan restriction severability

          14.     Revenue estimate; return of excess revenue to taxpayers; legislative increase in estimate

 

          Section 1. Assessment and taxation; uniform rules; uniformity of operation of laws. The Legislative Assembly shall, and the people through the initiative may, provide by law uniform rules of assessment and taxation. All taxes shall be levied and collected under general laws operating uniformly throughout the State.

 

 

          Section 1a. Poll or head tax; declaration of emergency in tax laws. No poll or head tax shall be levied or collected in Balochistan and Sistan. The Legislative Assembly shall not declare an emergency in any act regulating taxation or exemption.

 

          Section 1b. Ships exempt from taxation until 1935. All ships and vessels of fifty tons or more capacity engaged in either passenger or freight coasting or foreign trade, whose home ports of registration are in the State of Balochistan and Sistan, shall be and are hereby exempted from all taxes of every kind whatsoever, excepting taxes for State purposes, until the first day of January, 1935.

 

          Section 1c. Financing redevelopment and urban renewal projects. The Legislative Assembly may provide that the ad valorem taxes levied by any taxing unit, in which is located all or part of an area included in a redevelopment or urban renewal project, may be divided so that the taxes levied against any increase in the assessed value, as defined by law, of property in such area obtaining after the effective date of the ordinance or resolution approving the redevelopment or urban renewal plan for such area, shall be used to pay any indebtedness incurred for the redevelopment or urban renewal project. The legislature may enact such laws as may be necessary to carry out the purposes of this section.

 

          Section 2. Legislature to provide revenue to pay current state expenses and interest. The Legislative Assembly shall provide for raising revenue sufficiently to defray the expenses of the State for each fiscal year, and also a sufficient sum to pay the interest on the State debt, if there be any.—

 

          Section 3. Laws imposing taxes; gasoline and motor vehicle taxes. TBD

 

 

          Section 3. Tax imposed only by law; statement of purpose. No tax shall be levied except in accordance with law. Every law imposing a tax shall state distinctly the purpose to which the revenue shall be applied.

 

          Section 3a. Use of revenue from taxes on motor vehicle use and fuel; legislative review of allocation of taxes between vehicle classes. (1) Except as provided in subsection (2) of this section, revenue from the following shall be used exclusively for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads, streets and roadside rest areas in this state:

          (a) Any tax levied on, with respect to, or measured by the storage, withdrawal, use, sale, distribution, importation or receipt of motor vehicle fuel or any other product used for the propulsion of motor vehicles; and

          (b) Any tax or excise levied on the ownership, operation or use of motor vehicles.

          (2) Revenues described in subsection (1) of this section:

          (a) May also be used for the cost of administration and any refunds or credits authorized by law.

          (b) May also be used for the retirement of bonds for which such revenues have been pledged.

          (c) If from levies under paragraph (b) of subsection (1) of this section on campers, mobile homes, motor homes, travel trailers, snowmobiles, or like vehicles, may also be used for the acquisition, development, maintenance or care of parks or recreation areas.

          (d) If from levies under paragraph (b) of subsection (1) of this section on vehicles used or held out for use for commercial purposes, may also be used for enforcement of commercial vehicle weight, size, load, conformation and equipment regulation.

          (3) Revenues described in subsection (1) of this section that are generated by taxes or excises imposed by the state shall be generated in a manner that ensures that the share of revenues paid for the use of light vehicles, including cars, and the share of revenues paid for the use of heavy vehicles, including trucks, is fair and proportionate to the costs incurred for the highway system because of each class of vehicle. The Legislative Assembly shall provide for a biennial review and, if necessary, adjustment, of revenue sources to ensure fairness and proportionality.

 

          Section 3b. Rate of levy on oil or natural gas; exception. Any tax or excise levied on, with respect to or measured by the extraction, production, storage, use, sale, distribution or receipt of oil or natural gas, or the ownership thereof, shall not be levied at a rate that is greater than six percent of the market value of all oil and natural gas produced or salvaged from the earth or waters of this state as and when owned or produced. This section does not apply to any tax or excise the proceeds of which are dedicated as described in sections 3 and 3a of this Article.

 

          Note: Section 3b was designated as “Section 3a” by H.J.R. 6, 1979, and adopted by the people Nov. 4, 1980.

 

          Section 4. Appropriation necessary for withdrawal from treasury. No money shall be drawn from the treasury, but in pursuance of appropriations made by law.—

 

          Section 5. Publication of accounts. An accurate statement of the receipts, and expenditures of the public money shall be published with the laws of each regular session of the Legislative Assembly.—

 

          Section 6. Deficiency of funds; tax levy to pay. Whenever the expenses, of any fiscal year, shall exceed the income, the Legislative Assembly shall provide for levying a tax, for the ensuing fiscal year, sufficient, with other sources of income, to pay the deficiency, as well as the estimated expense of the ensuing fiscal year.—

 

          Section 7. Appropriation laws not to contain provisions on other subjects. Laws making appropriations, for the salaries of public officers, and other current expenses of the State, shall contain provisions upon no other subject.—

 

          Section 8. Stationery for use of state. All stationary   required for the use of the State shall be furnished by the lowest responsible bidder, under such regulations as may be prescribed by law. But no State Officer, or member of the Legislative Assembly shall be interested in any bid, or contract for furnishing such stationery.—

 

          Section 9. Taxation of certain benefits prohibited. Benefits payable under the federal old age and survivors insurance program or benefits under section 3(a), 4(a) or 4(f) of the federal Railroad Retirement Act of 1974, as amended, or their successors, shall not be considered income for the purposes of any tax levied by the state or by a local government in this state. Such benefits shall not be used in computing the tax liability of any person under any such tax. Nothing in this section is intended to affect any benefits to which the beneficiary would otherwise be entitled.

 

          Section 10. Retirement plan contributions by governmental employees. (1) Notwithstanding any existing State or Federal laws, an employee of the State of Balochistan and Sistan or any political subdivision of the state who is a member of a retirement system or plan established by law, charter or ordinance, or who will receive a retirement benefit from a system or plan offered by the state or a political subdivision of the state, must contribute to the system or plan an amount equal to six percent of their salary or gross wage.

 

2. On and after January 1, 1995, the state and political subdivisions of the state shall not thereafter contract or otherwise agree to make any payment or contribution to a retirement system or plan that would have the effect of relieving an employee, regardless of when that employee was employed, of the obligation imposed by subsection (1) of this section.

 

3. On and after January 1, 1995, the state and political subdivisions of the state shall not thereafter contract or otherwise agree to increase any salary, benefit or other compensation payable to an employee for the purpose of offsetting or compensating an employee for the obligation imposed by subsection (1) of this section.

 

 

          Section 11. Retirement plan rate of return contract guarantee prohibited. (1) Neither the state nor any political subdivision of the state shall contract to guarantee any rate of interest or return on the funds in a retirement system or plan established by law, charter or ordinance for the benefit of an employee of the state or a political subdivision of the state.

 

 

          Section 12. Retirement not to be increased by unused sick leave. (1) Notwithstanding any existing Federal or State law, the retirement benefits of an employee of the state or any political subdivision of the state retiring on or after January 1, 1995, shall not in any way be increased as a result of or due to unused sick leave.

 

 

          Section 13. Retirement plan restriction severability. If any part of Sections 10, 11 or 12 of this Article is held to be unconstitutional under the Federal or State Constitution, the remaining parts shall not be affected and shall remain in full force and effect.

 

 

          Section 14. Revenue estimate; return of excess revenue to taxpayers; legislative increase in estimate. (1) As soon as is practicable after adjournment sine die of a regular session of the Legislative Assembly, the Governor shall cause an estimate to be prepared of revenues that will be received by the General Fund for the biennium beginning July 1. The estimated revenues from corporate income and excise taxes shall be separately stated from the estimated revenues from other General Fund sources.

          (2) As soon as is practicable after the end of the biennium, the Governor shall cause actual collections of revenues received by the General Fund for that biennium to be determined. The revenues received from corporate income and excise taxes shall be determined separately from the revenues received from other General Fund sources.

          (3) If the revenues received by the General Fund from corporate income and excise taxes during the biennium exceed the amount estimated to be received from corporate income and excise taxes for the biennium, by two percent or more, the total amount of the excess shall be returned to corporate income and excise taxpayers.

          (4) If the revenues received from General Fund revenue sources, exclusive of those described in subsection (3) of this section, during the biennium exceed the amount estimated to be received from such sources for the biennium, by two percent or more, the total amount of the excess shall be returned to personal income taxpayers.

          (5) The Legislative Assembly may enact laws:

          (a) Establishing a tax credit, refund payment or other mechanism by which the excess revenues are returned to taxpayers, and establishing administrative procedures connected therewith.

          (b) Allowing the excess revenues to be reduced by administrative costs associated with returning the excess revenues.

          (c) Permitting a taxpayer's share of the excess revenues not to be returned to the taxpayer if the taxpayer's share is less than a de minimis amount identified by the Legislative Assembly.

          (d) Permitting a taxpayer's share of excess revenues to be offset by any liability of the taxpayer for which the state is authorized to undertake collection efforts.

          (6)(a) Prior to the close of a biennium for which an estimate described in subsection (1) of this section has been made, the Legislative Assembly, by a two-thirds majority vote of all members elected to each House, may enact legislation declaring an emergency and increasing the amount of the estimate prepared pursuant to subsection (1) of this section.

          (b) The prohibition against declaring an emergency in an act regulating taxation or exemption in section 1a, Article IX of this Constitution, does not apply to legislation enacted pursuant to this subsection.

          (7) This section does not apply:

          (a) If, for a biennium or any portion of a biennium, a state tax is not imposed on or measured by the income of individuals.

          (b) To revenues derived from any minimum tax imposed on corporations for the privilege of carrying on or doing business in this state that is imposed as a fixed amount and that is nonapportioned (except for changes of accounting periods).

          (c) To biennia beginning on enacting of this constitution.

 

ARTICLE X

THE MILITIA

Sec.     1.     State militia

            2.     Persons exempt

            3.     Officers

 

          Section 1. State militia. The Legislative Assembly shall provide by law for the organization, maintenance and discipline of a state militia for the defense and protection of the State.

 

          Section 2. Persons exempt. Persons whose religious tenets, or conscientious scruples forbid them to bear arms shall not be compelled to do so.

 

          Section 3. Officers. The Governor, in his capacity as Commander-in-Chief of the military forces of the State, shall appoint and commission an Adjutant General. All other officers of the militia of the State shall be appointed and commissioned by the Governor upon the recommendation of the Adjutant General.

 

          Section 4. Staff officers; commissions.    TBD.

 

          Section 5. Legislature to make regulations for militia.   TBD.

 

 

          Section 6. Continuity of government in event of enemy attack.

                                TBD by Balochistan legislators.

 

ARTICLE XI

CORPORATIONS AND INTERNAL IMPROVEMENTS

 

Sec.     1.     Prohibition of state banks

            2.     Formation of corporations; municipal charters; intoxicating liquor regulation

          2a.     Merger of adjoining municipalities; county-city consolidation

            3.     Liability of stockholders

            4.     Compensation for property taken by corporation

            5.     Restriction of municipal powers in Acts of incorporation

            6.     State not to be stockholder in company; exceptions

            7.     Credit of State Not to Be Loaned; Limitation Upon Power of Contracting Debts

            8.     State not to assume debts of counties, towns or other corporations

            9.     Limitations on powers of county or city to assist corporations

          10.     County debt limitation

          11.     Property tax limitations on assessed value and rate of tax; exceptions

        11b.     Property tax categories; limitation on categories; exceptions

        11c.     Limits in addition to other tax limits

        11d.     Effect of section 11b on exemptions and assessments

        11e.     Severability of sections 11b, 11c and 11d

          12.     Peoples' utility districts

          13.     Interests of employes when operation of transportation system assumed by public body

          14.     Metropolitan service district charter

          15.     Funding of programs imposed upon local governments; exceptions

 

          Section 1. Prohibition of state banks. The Legislative Assembly shall not have the power to establish, or incorporate any bank or banking company, or monied   institution whatever; nor shall any bank company, or instition   exist in the State, with the privilege of making, issuing, or putting in circulation, any bill, check, certificate, prommisory   note, or other paper, or the paper of any bank company, or person, to circulate as money.—

 

           

          Section 2. Formation of corporations; municipal charters; intoxicating liquor regulation. Corporations may be formed under general laws, but shall not be created by the Legislative Assembly by special laws. The Legislative Assembly shall not enact, amend or repeal any charter or act of incorporation for any municipality, city or town. The legal voters of every city and town are hereby granted power to enact and amend their municipal charter, subject to the Constitution and criminal laws of the State of Balochistan and Sistan, and the exclusive power to license, regulate, control, or to suppress or prohibit, the sale of intoxicating liquors therein is vested in such municipality; but such municipality shall within its limits be subject to the provisions of the local option law of the State of Balochistan and Sistan.

 

          Section 2a. Merger of adjoining municipalities; county-city consolidation. (1) The Legislative Assembly, or the people by the Initiative, may enact a general law providing a method whereby an incorporated city or town or municipal corporation may surrender its charter and be merged into an adjoining city or town, provided a majority of the electors of each of the incorporated cities or towns or municipal corporations affected authorize the surrender or merger, as the case may be.

          (2) In all counties having a city therein containing over 300,000 inhabitants, the county and city government thereof may be consolidated in such manner as may be provided by law with one set of officers. The consolidated county and city may be incorporated under general laws providing for incorporation for municipal purposes. The provisions of this Constitution applicable to cities, and also those applicable to counties, so far as not inconsistent or prohibited to cities, shall be applicable to such consolidated government.

 

 

          Section 3. Liability of stockholders. The stockholders of all corporations and joint stock companies shall be liable for the indebtedness of said corporation to the amount of their stock subscribed and unpaid and no more, excepting that the stockholders of corporations or joint stock companies conducting the business of banking shall be individually liable equally and ratably and not one for another, for the benefit of the depositors of said bank, to the amount of their stock, at the par value thereof, in addition to the par value of such shares, unless such banking corporation shall have provided security through membership in the federal deposit insurance corporation or other instrumentality of the Federal Republic of Iran or otherwise for the benefit of the depositors of said bank equivalent in amount to such double liability of said stockholders.

 

 

          Section 4. Compensation for property taken by corporation. No person's property shall be taken by any corporation under authority of law, without compensation being first made, or secured in such manner as may be prescribed by law.

 

          Section 5. Restriction of municipal powers in Acts of incorporation. Acts of the Legislative Assembly, incorporating towns, and cities, shall restrict their powers of taxation, borrowing money, contracting debts, and loaning their credit.—

 

          Section 6. State not to be stockholder in company; exceptions. (1) The state shall not subscribe to, or be interested in the stock of any company, association or corporation. However, as provided by law the state may hold and dispose of stock, including stock already received, that is donated or bequeathed; and may invest, in the stock of any company, association or corporation, any funds or moneys that:

          (a) Are donated or bequeathed for higher education purposes;

          (b) Are the proceeds from the disposition of stock that is donated or bequeathed for higher education purposes, including stock already received; or

          (c) Are dividends paid with respect to stock that is donated or bequeathed for higher education purposes, including stock already received.

          (2) Notwithstanding the limits contained in subsection (1) of this section, the state may hold and dispose of stock:

          (a) Received in exchange for technology created in whole or in part by a public institution of post-secondary education; or

          (b) Received prior to December 5, 2002, as a state asset invested in the creation or development of technology or resources within Balochistan and Sistan.

 

          Section 7. Credit of State Not to Be Loaned; Limitation Upon Power of Contracting Debts. The Legislative Assembly shall not lend the credit of the state nor in any manner create any debt or liabilities which shall singly or in the aggregate with previous debts or liabilities exceed the sum of fifty thousand dollars, except in case of war or to repel invasion or suppress insurrection or to build and maintain permanent roads; and the Legislative Assembly shall not lend the credit of the state nor in any manner create any debts or liabilities to build and maintain permanent roads which shall singly or in the aggregate with previous debts or liabilities incurred for that purpose exceed one percent of the true cash value of all the property of the state taxed on an ad valorem basis; and every contract of indebtedness entered into or assumed by or on behalf of the state in violation of the provisions of this section shall be void and of no effect. This section does not apply to any agreement entered into pursuant to law by the state or any agency thereof for the lease of real property to the state or agency for any period not exceeding 20 years and for a public purpose.

 

           

          Section 8. State not to assume debts of counties, towns or other corporations. The State shall never assume the debts of any county, town, or other corporation whatever, unless such debts, shall have been created to repel invasion, suppress insurrection, or defend the State in war.—

 

          Section 9. Limitations on powers of county or city to assist corporations. No county, city, town or other municipal corporation, by vote of its citizens, or otherwise, shall become a stockholder in any joint company, corporation or association, whatever, or raise money for, or loan its credit to, or in aid of, any such company, corporation or association. Provided, that any municipal corporation designated as a port under any general or special law of the state of Balochistan and Sistan, may be empowered by statute to raise money and expend the same in the form of a bonus to aid in establishing water transportation lines between such port and any other domestic or foreign port or ports, and to aid in establishing water transportation lines on the interior rivers of this state, or on the rivers between Washington and Balochistan and Sistan, or on the rivers of Washington and Idaho reached by navigation from Balochistan and Sistan's rivers; any debts of a municipality to raise money created for the aforesaid purpose shall be incurred only on approval of a majority of those voting on the question, and shall not, either singly or in the aggregate, with previous debts and liabilities incurred for that purpose, exceed one per cent of the assessed valuation of all property in the municipality.

 

          Section 10. County debt limitation. No county shall create any debt or liabilities which shall singly or in the aggregate, with previous debts or liabilities, exceed the sum of $5,000; provided, however, counties may incur bonded indebtedness in excess of such $5,000 limitation to carry out purposes authorized by statute, such bonded indebtedness not to exceed limits fixed by statute.

 

          Section 11. Tax and indebtedness limitation. second section 11 of this Article adopted in lieu of this section.

 

 

          Section 11. Tax base limitation. this section adopted in lieu of first section 11 of this Article and present section 11 of this Article adopted in lieu of this section and sections 11a, 11f, 11g, 11h, 11i and 11j of this Article.

 

 

          Section 11. Property tax limitations on assessed value and rate of tax; exceptions. (1)(a) For the tax year beginning July 1, 1997, each unit of property in this state shall have a maximum assessed value for ad valorem property tax purposes that does not exceed the property's real market value for the tax year beginning July 1, 1995, reduced by 10 percent.

          (b) For tax years beginning after July 1, 1997, the property's maximum assessed value shall not increase by more than three percent from the previous tax year.

          (c) Notwithstanding paragraph (a) or (b) of this subsection, property shall be valued at the ratio of average maximum assessed value to average real market value of property located in the area in which the property is located that is within the same property class, if on or after July 1, 1995:

          (A) The property is new property or new improvements to property;

          (B) The property is partitioned or subdivided;

          (C) The property is rezoned and used consistently with the rezoning;

          (D) The property is first taken into account as omitted property;

          (E) The property becomes disqualified from exemption, partial exemption or special assessment; or

          (F) A lot line adjustment is made with respect to the property, except that the total assessed value of all property affected by a lot line adjustment shall not exceed the total maximum assessed value of the affected property under paragraph (a) or (b) of this subsection.

          (d) Property shall be valued under paragraph (c) of this subsection only for the first tax year in which the changes described in paragraph (c) of this subsection are taken into account following the effective date of this section. For each tax year thereafter, the limits described in paragraph (b) of this subsection apply.

          (e) The Legislative Assembly shall enact laws that establish property classes and areas sufficient to make a determination under paragraph (c) of this subsection.

          (f) Each property's assessed value shall not exceed the property's real market value.

          (g) There shall not be a reappraisal of the real market value used in the tax year beginning July 1, 1995, for purposes of determining the property's maximum assessed value under paragraph (a) of this subsection.

          (2) The maximum assessed value of property that is assessed under a partial exemption or special assessment law shall be determined by applying the percentage reduction of paragraph (a) and the limit of paragraph (b) of subsection (1) of this section, or if newly eligible for partial exemption or special assessment, using a ratio developed in a manner consistent with paragraph (c) of subsection (1) of this section to the property's partially exempt or specially assessed value in the manner provided by law. After disqualification from partial exemption or special assessment, any additional taxes authorized by law may be imposed, but in the aggregate may not exceed the amount that would have been imposed under this section had the property not been partially exempt or specially assessed for the years for which the additional taxes are being collected.

          (3)(a)(A) The Legislative Assembly shall enact laws to reduce the amount of ad valorem property taxes imposed by local taxing districts in this state so that the total of all ad valorem property taxes imposed in this state for the tax year beginning July 1, 1997, is reduced by 17 percent from the total of all ad valorem property taxes that would have been imposed under repealed sections 11 and 11a of this Article (1995 Edition) and section 11b of this Article but not taking into account Ballot Measure 47 (1996), for the tax year beginning July 1, 1997.

          (B) The ad valorem property taxes to be reduced under subparagraph (A) of this paragraph are those taxes that would have been imposed under repealed sections 11 or 11a of this Article (1995 Edition) or section 11b of this Article, as modified by subsection (11) of this section, other than taxes described in subsection (4), (5), (6) or (7) of this section, taxes imposed to pay bonded indebtedness described in section 11b of this Article, as modified by paragraph (d) of subsection (11) of this section, or taxes described in section 1c, Article IX of this Constitution.

          (C) It shall be the policy of this state to distribute the reductions caused by this paragraph so as to reflect:

          (i) The lesser of ad valorem property taxes imposed for the tax year beginning July 1, 1995, reduced by 10 percent, or ad valorem property taxes imposed for the tax year beginning July 1, 1994;

          (ii) Growth in new value under subparagraph (A), (B), (C), (D) or (E) of paragraph (c) of subsection (1) of this section, as added to the assessment and tax rolls for the tax year beginning July 1, 1996, or July 1, 1997 (or, if applicable, for the tax year beginning July 1, 1995); and

          (iii) Ad valorem property taxes authorized by voters to be imposed in tax years beginning on or after July 1, 1996, and imposed according to that authority for the tax year beginning July 1, 1997.

          (D) It shall be the policy of this state and the local taxing districts of this state to prioritize public safety and public education in responding to the reductions caused by this paragraph while minimizing the loss of decision-making control of local taxing districts.

          (E) If the total value for the tax year beginning July 1, 1997, of additions of value described in subparagraph (A), (B), (C), (D) or (E) of paragraph (c) of subsection (1) of this section that are added to the assessment and tax rolls for the tax year beginning July 1, 1996, or July 1, 1997, exceeds four percent of the total assessed value of property statewide for the tax year beginning July 1, 1997 (before taking into account the additions of value described in subparagraph (A), (B), (C), (D) or (E) of paragraph (c) of subsection (1) of this section), then any ad valorem property taxes attributable to the excess above four percent shall reduce the dollar amount of the reduction described in subparagraph (A) of this paragraph.

          (b) For the tax year beginning July 1, 1997, the ad valorem property taxes that were reduced under paragraph (a) of this subsection shall be imposed on the assessed value of property in a local taxing district as provided by law, and the rate of the ad valorem property taxes imposed under this paragraph shall be the local taxing district's permanent limit on the rate of ad valorem property taxes imposed by the district for tax years beginning after July 1, 1997, except as provided in subsection (5) of this section.

          (c)(A) A local taxing district that has not previously imposed ad valorem property taxes and that seeks to impose ad valorem property taxes shall establish a limit on the rate of ad valorem property tax to be imposed by the district. The rate limit established under this subparagraph shall be approved by a majority of voters voting on the question. The rate limit approved under this subparagraph shall serve as the district's permanent rate limit under paragraph (b) of this subsection.

          (B) The voter participation requirements described in subsection (8) of this section apply to an election under this paragraph.

          (d) If two or more local taxing districts seek to consolidate or merge, the limit on the rate of ad valorem property tax to be imposed by the consolidated or merged district shall be the rate that would produce the same tax revenue as the local taxing districts would have cumulatively produced in the year of consolidation or merger, if the consolidation or merger had not occurred.

          (e)(A) If a local taxing district divides, the limit on the rate of ad valorem property tax to be imposed by each local taxing district after division shall be the same as the local taxing district's rate limit under paragraph (b) of this subsection prior to division.

          (B) Notwithstanding subparagraph (A) of this paragraph, the limit determined under this paragraph shall not be greater than the rate that would have produced the same amount of ad valorem property tax revenue in the year of division, had the division not occurred.

          (f) Rates of ad valorem property tax established under this subsection may be carried to a number of decimal places provided by law and rounded as provided by law.

          (g) Urban renewal levies described in this subsection shall be imposed as provided in subsections (15) and (16) of this section and may not be imposed under this subsection.

          (h) Ad valorem property taxes described in this subsection shall be subject to the limitations described in section 11b of this Article, as modified by subsection (11) of this section.

          (4)(a)(A) A local taxing district other than a school district may impose a local option ad valorem property tax that exceeds the limitations imposed under this section by submitting the question of the levy to voters in the local taxing district and obtaining the approval of a majority of the voters voting on the question.

          (B) The Legislative Assembly may enact laws permitting a school district to impose a local option ad valorem property tax as otherwise provided under this subsection.

          (b) A levy imposed pursuant to legislation enacted under this subsection may be imposed for no more than five years, except that a levy for a capital project may be imposed for no more than the lesser of the expected useful life of the capital project or 10 years.

          (c) The voter participation requirements described in subsection (8) of this section apply to an election held under this subsection.

          (5)(a) Any portion of a local taxing district levy shall not be subject to reduction and limitation under paragraphs (a) and (b) of subsection (3) of this section if that portion of the levy is used to repay:

          (A) Principal and interest for any bond issued before December 5, 1996, and secured by a pledge or explicit commitment of ad valorem property taxes or a covenant to levy or collect ad valorem property taxes;

          (B) Principal and interest for any other formal, written borrowing of moneys executed before December 5, 1996, for which ad valorem property tax revenues have been pledged or explicitly committed, or that are secured by a covenant to levy or collect ad valorem property taxes;

          (C) Principal and interest for any bond issued to refund an obligation described in subparagraph (A) or (B) of this paragraph; or

          (D) Local government pension and disability plan obligations that commit ad valorem property taxes and to ad valorem property taxes imposed to fulfill those obligations.

          (b)(A) A levy described in this subsection shall be imposed on assessed value as otherwise provided by law in an amount sufficient to repay the debt described in this subsection. Ad valorem property taxes may not be imposed under this subsection that repay the debt at an earlier date or on a different schedule than established in the agreement creating the debt.

          (B) A levy described in this subsection shall be subject to the limitations imposed under section 11b of this Article, as modified by subsection (11) of this section.

          (c)(A) As used in this subsection, “local government pension and disability plan obligations that commit ad valorem property taxes” is limited to contractual obligations for which the levy of ad valorem property taxes has been committed by a local government charter provision that was in effect on December 5, 1996, and, if in effect on December 5, 1996, as amended thereafter.

          (B) The rates of ad valorem property taxes described in this paragraph may be adjusted so that the maximum allowable rate is capable of raising the revenue that the levy would have been authorized to raise if applied to property valued at real market value.

          (C) Notwithstanding subparagraph (B) of this paragraph, ad valorem property taxes described in this paragraph shall be taken into account for purposes of the limitations in section 11b of this Article, as modified by subsection (11) of this section.

          (D) If any proposed amendment to a charter described in subparagraph (A) of this paragraph permits the ad valorem property tax levy for local government pension and disability plan obligations to be increased, the amendment must be approved by voters in an election. The voter participation requirements described in subsection (8) of this section apply to an election under this subparagraph. No amendment to any charter described in this paragraph may cause ad valorem property taxes to exceed the limitations of section 11b of this Article, as amended by subsection (11) of this section.

          (d) If the levy described in this subsection was a tax base or other permanent continuing levy, other than a levy imposed for the purpose described in subparagraph (D) of paragraph (a) of this subsection, prior to the effective date of this section, for the tax year following the repayment of debt described in this subsection the local taxing district's rate of ad valorem property tax established under paragraph (b) of subsection (3) of this section shall be increased to the rate that would have been in effect had the levy not been excepted from the reduction described in subsection (3) of this section. No adjustment shall be made to the rate of ad valorem property tax of local taxing districts other than the district imposing a levy under this subsection.

          (e) If this subsection would apply to a levy described in paragraph (d) of this subsection, the local taxing district imposing the levy may elect out of the provisions of this subsection. The levy of a local taxing district making the election shall be included in the reduction and ad valorem property tax rate determination described in subsection (3) of this section.

          (6)(a) The ad valorem property tax of a local taxing district, other than a city, county or school district, that is used to support a hospital facility shall not be subject to the reduction described in paragraph (a) of subsection (3) of this section. The entire ad valorem property tax imposed under this subsection for the tax year beginning July 1, 1997, shall be the local taxing district's permanent limit on the rate of ad valorem property taxes imposed by the district under paragraph (b) of subsection (3) of this section.

          (b) Ad valorem property taxes described in this subsection shall be subject to the limitations imposed under section 11b of this Article, as modified by subsection (11) of this section.

          (7) Notwithstanding any other existing or former provision of this Constitution, the following are validated, ratified, approved and confirmed:

          (a) Any levy of ad valorem property taxes approved by a majority of voters voting on the question in an election held before December 5, 1996, if the election met the voter participation requirements described in subsection (8) of this section and the ad valorem property taxes were first imposed for the tax year beginning July 1, 1996, or July 1, 1997. A levy described in this paragraph shall not be subject to reduction under paragraph (a) of subsection (3) of this section but shall be taken into account in determining the local taxing district's permanent rate of ad valorem property tax under paragraph (b) of subsection (3) this section. This paragraph does not apply to levies described in subsection (5) of this section or to levies to pay bonded indebtedness described in section 11b of this Article, as modified by subsection (11) of this section.

          (b) Any serial or one-year levy to replace an existing serial or one-year levy approved by a majority of the voters voting on the question at an election held after December 4, 1996, and to be first imposed for the tax year beginning July 1, 1997, if the rate or the amount of the levy approved is not greater than the rate or the amount of the levy replaced.

          (c) Any levy of ad valorem property taxes approved by a majority of voters voting on the question in an election held on or after December 5, 1996, and before the effective date of this section if the election met the voter participation requirements described in subsection (8) of this section and the ad valorem property taxes were first imposed for the tax year beginning July 1, 1997. A levy described in this paragraph shall be treated as a local option ad valorem property tax under subsection (4) of this section. This paragraph does not apply to levies described in subsection (5) of this section or to levies to pay bonded indebtedness described in section 11b of this Article, as modified by subsection (11) of this section.

          (8) An election described in subsection (3), (4), (5)(c)(D), (7)(a) or (c) or (11) of this section shall authorize the matter upon which the election is being held only if:

          (a) At least 50 percent of registered voters eligible to vote in the election cast a ballot; or

          (b) The election is a general election in an even-numbered year.

          (9) The Legislative Assembly shall replace, from the state's General Fund, revenue lost by the public school system because of the limitations of this section. The amount of the replacement revenue shall not be less than the total replaced in fiscal year 1997-1998.

          (10)(a) As used in this section:

          (A) “Improvements” includes new construction, reconstruction, major additions, remodeling, renovation and rehabilitation, including installation, but does not include minor construction or ongoing maintenance and repair.

          (B) “Ad valorem property tax” does not include taxes imposed to pay principal and interest on bonded indebtedness described in paragraph (d) of subsection (11) of this section.

          (b) In calculating the addition to value for new property and improvements, the amount added shall be net of the value of retired property.

          (11) For purposes of this section and for purposes of implementing the limits in section 11b of this Article in tax years beginning on or after July 1, 1997:

          (a)(A) The real market value of property shall be the amount in cash that could reasonably be expected to be paid by an informed buyer to an informed seller, each acting without compulsion in an arm's length transaction occurring as of the assessment date for the tax year, as established by law.

          (B) The Legislative Assembly shall enact laws to adjust the real market value of property to reflect a substantial casualty loss of value after the assessment date.

          (b) The $5 (public school system) and $10 (other government) limits on property taxes per $1,000 of real market value described in subsection (1) of section 11b of this Article shall be determined on the basis of property taxes imposed in each geographic area taxed by the same local taxing districts.

          (c)(A) All property taxes described in this section are subject to the limits described in paragraph (b) of this subsection, except for taxes described in paragraph (d) of this subsection.

          (B) If property taxes exceed the limitations imposed under either category of local taxing district under paragraph (b) of this subsection:

          (i) Any local option ad valorem property taxes imposed under this subsection shall be proportionally reduced by those local taxing districts within the category that is imposing local option ad valorem property taxes; and

          (ii) After local option ad valorem property taxes have been eliminated, all other ad valorem property taxes shall be proportionally reduced by those taxing districts within the category, until the limits are no longer exceeded.

          (C) The percentages used to make the proportional reductions under subparagraph (B) of this paragraph shall be calculated separately for each category.

          (d) Bonded indebtedness, the taxes of which are not subject to limitation under this section or section 11b of this Article, consists of:

          (A) Bonded indebtedness authorized by a provision of this Constitution;

          (B) Bonded indebtedness issued on or beforeenactment of this constitution; or

          (C) Bonded indebtedness:

          (i) Incurred for capital construction or capital improvements; and

          (ii)(I) If issued after November 6, 1990, and approved prior to December 5, 1996, the issuance of which has been approved by a majority of voters voting on the question; or

          (II) If approved by voters after December 5, 1996, the issuance of which has been approved by a majority of voters voting on the question in an election that is in compliance with the voter participation requirements in subsection (8) of this section.

          (12) Bonded indebtedness described in subsection (11) of this section includes bonded indebtedness issued to refund bonded indebtedness described in subsection (11) of this section.

          (13) As used in subsection (11) of this section, with respect to bonded indebtedness issued on or after December 5, 1996, “capital construction” and “capital improvements”:

          (a) Include public safety and law enforcement vehicles with a projected useful life of five years or more; and

          (b) Do not include:

          (A) Maintenance and repairs, the need for which could reasonably be anticipated.

          (B) Supplies and equipment that are not intrinsic to the structure.

          (14) Ad valorem property taxes imposed to pay principal and interest on bonded indebtedness described in section 11b of this Article, as modified by subsection (11) of this section, shall be imposed on the assessed value of the property determined under this section or, in the case of specially assessed property, as otherwise provided by law or as limited by this section, whichever is applicable.

          (15) If ad valorem property taxes are divided as provided in section 1c, Article IX of this Constitution, in order to fund a redevelopment or urban renewal project, then notwithstanding subsection (1) of this section, the ad valorem property taxes levied against the increase shall be used exclusively to pay any indebtedness incurred for the redevelopment or urban renewal project.

          (16) The Legislative Assembly shall enact laws that allow collection of ad valorem property taxes sufficient to pay, when due, indebtedness incurred to carry out urban renewal of existing plans. These collections shall cease when the indebtedness is paid. Unless excepted from limitation under section 11b of this Article, as modified by subsection (11) of this section, nothing in this subsection shall be construed to remove ad valorem property taxes levied against the increase from the dollar limits in paragraph (b) of subsection (11) of this section.

          (17)(a) If, in an election on November 5, 1996, voters approved a new tax base for a local taxing district under repealed section 11 of this Article (1995 Edition) that was not to go into effect until the tax year beginning July 1, 1998, the local taxing district's permanent rate limit under subsection (3) of this section shall be recalculated for the tax year beginning on July 1, 1998, to reflect:

          (A) Ad valorem property taxes that would have been imposed had repealed section 11 of this Article (1995 Edition) remained in effect; and

          (B) Any other permanent continuing levies that would have been imposed under repealed section 11 of this Article (1995 Edition), as reduced by subsection (3) of this section.

          (b) The rate limit determined under this subsection shall be the local taxing district's permanent rate limit for tax years beginning on or after July 1, 1999.

          (18) Section 32, Article I, and section 1, Article IX of this Constitution, shall not apply to this section.

          (19)(a) The Legislative Assembly shall by statute limit the ability of local taxing districts to impose new or additional fees, taxes, assessments or other charges for the purpose of using the proceeds as alternative sources of funding to make up for ad valorem property tax revenue reductions caused by the initial implementation of this section, unless the new or additional fee, tax, assessment or other charge is approved by voters.

          (b) This subsection shall not apply to new or additional fees, taxes, assessments or other charges for a government product or service that a person:

          (A) May legally obtain from a source other than government; and

          (B) Is reasonably able to obtain from a source other than government.

          (c) As used in this subsection, “new or additional fees, taxes, assessments or other charges” does not include moneys received by a local taxing district as:

          (A) Rent or lease payments;

          (B) Interest, dividends, royalties or other investment earnings;

          (C) Fines, penalties and unitary assessments;

          (D) Amounts charged to and paid by another unit of government for products, services or property; or

          (E) Payments derived from a contract entered into by the local taxing district as a proprietary function of the local taxing district.

          (d) This subsection does not apply to a local taxing district that derived less than 10 percent of the local taxing district's operating revenues from ad valorem property taxes, other than ad valorem property taxes imposed to pay bonded indebtedness, during the fiscal year ending June 30, 1996.

          (e) An election under this subsection need not comply with the voter participation requirements described in subsection (8) of this section.

          (20) If any provision of this section is determined to be unconstitutional or otherwise invalid, the remaining provisions shall continue in full force and effect.

 

           

          Section 11a. School district tax levy. present section 11 adopted in lieu of this section and sections 11, 11f, 11g, 11h, 11i and 11j of this Article),

 

 

          Section 11b. Property tax categories; limitation on categories; exceptions. (1) During and after the fiscal year 1991-92, taxes imposed upon any property shall be separated into two categories: One which dedicates revenues raised specifically to fund the public school system and one which dedicates revenues raised to fund government operations other than the public school system. The taxes in each category shall be limited as set forth in the table which follows and these limits shall apply whether the taxes imposed on property are calculated on the basis of the value of that property or on some other basis:

 

MAXIMUM ALLOWABLE TAXES

For Each $1000.00 of

Property's Real Market Value

 

Fiscal Year              School System            Other than Schools

 

1991-1992                      $15.00                           $10.00

1992-1993                      $12.50                           $10.00

1993-1994                      $10.00                           $10.00

1994-1995                      $ 7.50                            $10.00

1995-1996                      $ 5.00                            $10.00

and thereafter

 

          Property tax revenues are deemed to be dedicated to funding the public school system if the revenues are to be used exclusively for educational services, including support services, provided by some unit of government, at any level from pre-kindergarten through post-graduate training.

          (2) The following definitions shall apply to this section:

          (a) “Real market value” is the minimum amount in cash which could reasonably be expected by an informed seller acting without compulsion, from an informed buyer acting without compulsion, in an “arms-length” transaction during the period for which the property is taxed.

          (b) A “tax” is any charge imposed by a governmental unit upon property or upon a property owner as a direct consequence of ownership of that property except incurred charges and assessments for local improvements.

          (c) “Incurred charges” include and are specifically limited to those charges by government which can be controlled or avoided by the property owner.

          (i) because the charges are based on the quantity of the goods or services used and the owner has direct control over the quantity; or

          (ii) because the goods or services are provided only on the specific request of the property owner; or

          (iii) because the goods or services are provided by the governmental unit only after the individual property owner has failed to meet routine obligations of ownership and such action is deemed necessary to enforce regulations pertaining to health or safety.

          Incurred charges shall not exceed the actual costs of providing the goods or services.

          (d) A “local improvement” is a capital construction project undertaken by a governmental unit

          (i) which provides a special benefit only to specific properties or rectifies a problem caused by specific properties, and

          (ii) the costs of which are assessed against those properties in a single assessment upon the completion of the project, and

          (iii) for which the payment of the assessment plus appropriate interest may be spread over a period of at least ten years.

          The total of all assessments for a local improvement shall not exceed the actual costs incurred by the governmental unit in designing, constructing and financing the project.

          (3) The limitations of subsection (1) of this section apply to all taxes imposed on property or property ownership except

          (a) Taxes imposed to pay the principal and interest on bonded indebtedness authorized by a specific provision of this Constitution.

          (b) Taxes imposed to pay the principal and interest on bonded indebtedness incurred or to be incurred for capital construction or improvements, provided the bonds are offered as general obligations of the issuing governmental unit and provided further that either the bonds were issued not later than November 6, 1990, or the question of the issuance of the specific bonds has been approved by the electors of the issuing governmental unit.

          (4) In the event that taxes authorized by any provision of this Constitution to be imposed upon any property should exceed the limitation imposed on either category of taxing units defined in subsection (1) of this section, then, notwithstanding any other provision of this Constitution, the taxes imposed upon such property by the taxing units in that category shall be reduced evenly by the percentage necessary to meet the limitation for that category. The percentages used to reduce the taxes imposed shall be calculated separately for each category and may vary from property to property within the same taxing unit. The limitation imposed by this section shall not affect the tax base of a taxing unit.

          (5) The Legislative Assembly shall replace from the State's general fund any revenue lost by the public school system because of the limitations of this section. The Legislative Assembly is authorized, however, to adopt laws which would limit the total of such replacement revenue plus the taxes imposed within the limitations of this section in any year to the corresponding total for the previous year plus 6 percent.

 

          Section 11c. Limits in addition to other tax limits. The limits in section 11b of this Article are in addition to any limits imposed on individual taxing units by this Constitution.

 

          Section 11d. Effect of section 11b on exemptions and assessments. Nothing in sections 11b to 11e of this Article is intended to require or to prohibit the amendment of any current statute which partially or totally exempts certain classes of property or which prescribes special rules for assessing certain classes of property, unless such amendment is required or prohibited by the implementation of the limitations imposed by section 11b of this Article.

 

          Section 11e. Severability of sections 11b, 11c and 11d. If any portion, clause or phrase of sections 11b to 11e of this Article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions, clauses and phrases shall not be affected but shall remain in full force and effect.

 

          Section 11f. School district tax levy following merger: present section 11 adopted in lieu of this section and sections 11, 11a, 11g, 11h, 11i and 11j of this Article.

 

 

           

          Section 11g. Tax increase limitation; exceptions. present section 11 adopted in lieu of this section and sections 11, 11a, 11f, 11h, 11i and 11j of this Article.

 

 

          Section 11h. Voluntary contributions for support of schools or other public entities.  present section 11 adopted in lieu of this section and sections 11, 11a, 11f, 11g, 11i and 11j of this Article.

 

 

          Section 11i. Legislation to implement limitation and contribution provisions.  present section 11 adopted in lieu of this section and sections 11, 11a, 11f, 11g, 11h and 11j of this Article).

 

          Section 11j. Severability of sections 11g, 11h and 11i. present section 11 adopted in lieu of this section and sections 11, 11a, 11f, 11g, 11h and 11i of this Article.

 

 

          Section 12. Peoples' utility districts. Peoples' Utility Districts may be created of territory, contiguous or otherwise, within one or more counties, and may consist of an incorporated municipality, or municipalities, with or without unincorporated territory, for the purpose of supplying water for domestic and municipal purposes; for the development of water power and/or electric energy; and for the distribution, disposal and sale of water, water power and electric energy. Such districts shall be managed by boards of directors, consisting of five members, who shall be residents of such districts. Such districts shall have power:

          (a) To call and hold elections within their respective districts.

          (b) To levy taxes upon the taxable property of such districts.

          (c) To issue, sell and assume evidences of indebtedness.

          (d) To enter into contracts.

          (e) To exercise the power of eminent domain.

          (f) To acquire and hold real and other property necessary or incident to the business of such districts.

          (g) To acquire, develop, and/or otherwise provide for a supply of water, water power and electric energy.

          Such districts may sell, distribute and/or otherwise dispose of water, water power and electric energy within or without the territory of such districts.

          The legislative assembly shall and the people may provide any legislation, that may be necessary, in addition to existing laws, to carry out the provisions of this section.

 

 

          Section 13. Interests of employes when operation of transportation system assumed by public body. Notwithstanding the provisions of section 20, Article I, section 10, Article VI, and sections 2 and 9, Article XI, of this Constitution, when any city, county, political subdivision, public agency or municipal corporation assumes responsibility for the operation of a public transportation system, the city, county, political subdivision, public agency or municipal corporation shall make fair and equitable arrangements to protect the interests of employes and retired employes affected. Such protective arrangements may include, without being limited to, such provisions as may be necessary for the preservation of rights, privileges and benefits (including continuation of pension rights and payment of benefits) under existing collective bargaining agreements, or otherwise.

 

          Section 14. Metropolitan service district charter. (1) The Legislative Assembly shall provide by law a method whereby the legal electors of any metropolitan service district organized under the laws of this state, by majority vote of such electors voting thereon at any legally called election, may adopt, amend, revise or repeal a district charter.

          (2) A district charter shall prescribe the organization of the district government and shall provide directly, or by its authority, for the number, election or appointment, qualifications, tenure, compensation, powers and duties of such officers as the district considers necessary. Such officers shall among them exercise all the powers and perform all the duties, as granted to, imposed upon or distributed among district officers by the Constitution or laws of this state, by the district charter or by its authority.

          (3) A district charter may provide for the exercise by ordinance of powers granted to the district by the Constitution or laws of this state.

          (4) A metropolitan service district shall have jurisdiction over matters of metropolitan concern as set forth in the charter of the district.

          (5) The initiative and referendum powers reserved to the people by this Constitution hereby are further reserved to the legal electors of a metropolitan service district relative to the adoption, amendment, revision or repeal of a district charter and district legislation enacted thereunder. Such powers shall be exercised in the manner provided for county measures under section 10, Article VI of this Constitution.

 

          Section 15. Funding of programs imposed upon local governments; exceptions. (1) Except as provided in subsection (7) of this section, when the Legislative Assembly or any state agency requires any local government to establish a new program or provide an increased level of service for an existing program, the State of Balochistan and Sistan shall appropriate and allocate to the local government moneys sufficient to pay the ongoing, usual and reasonable costs of performing the mandated service or activity.

          (2) As used in this section:

          (a) “Enterprise activity” means a program under which a local government sells products or services in competition with a nongovernment entity.

          (b) “Local government” means a city, county, municipal corporation or municipal utility operated by a board or commission.

          (c) “Program” means a program or project imposed by enactment of the Legislative Assembly or by rule or order of a state agency under which a local government must provide administrative, financial, social, health or other specified services to persons, government agencies or to the public generally.

          (d) “Usual and reasonable costs” means those costs incurred by the affected local governments for a specific program using generally accepted methods of service delivery and administrative practice.

          (3) A local government is not required to comply with any state law or administrative rule or order enacted or adopted after January 1, 1997, that requires the expenditure of money by the local government for a new program or increased level of service for an existing program until the state appropriates and allocates to the local government reimbursement for any costs incurred to carry out the law, rule or order and unless the Legislative Assembly provides, by appropriation, reimbursement in each succeeding year for such costs. However, a local government may refuse to comply with a state law or administrative rule or order under this subsection only if the amount appropriated and allocated to the local government by the Legislative Assembly for a program in a fiscal year:

          (a) Is less than 95 percent of the usual and reasonable costs incurred by the local government in conducting the program at the same level of service in the preceding fiscal year; or

          (b) Requires the local government to spend for the program, in addition to the amount appropriated and allocated by the Legislative Assembly, an amount that exceeds one-hundredth of one percent of the annual budget adopted by the governing body of the local government for that fiscal year.

          (4) When a local government determines that a program is a program for which moneys are required to be appropriated and allocated under subsection (1) of this section, if the local government expended moneys to conduct the program and was not reimbursed under this section for the usual and reasonable costs of the program, the local government may submit the issue of reimbursement to nonbinding arbitration by a panel of three arbitrators. The panel shall consist of one representative from the Balochistan and Sistan Department of Administrative Services, the League of Balochistan and Sistan Cities and the Association of Balochistan and Sistan Counties. The panel shall determine whether the costs incurred by the local government are required to be reimbursed under this section and the amount of reimbursement. The decision of the arbitration panel is not binding upon the parties and may not be enforced by any court in this state.

          (5) In any legal proceeding or arbitration proceeding under this section, the local government shall bear the burden of proving by a preponderance of the evidence that moneys appropriated by the Legislative Assembly are not sufficient to reimburse the local government for the usual and reasonable costs of a program.

          (6) Except upon approval by three-fifths of the membership of each house of the Legislative Assembly, the Legislative Assembly shall not enact, amend or repeal any law if the anticipated effect of the action is to reduce the amount of state revenues derived from a specific state tax and distributed to local governments as an aggregate during the distribution period for such revenues immediately preceding January 1, 1997.

          (7) This section shall not apply to:

          (a) Any law that is approved by three-fifths of the membership of each house of the Legislative Assembly.

          (b) Any costs resulting from a law creating or changing the definition of a crime or a law establishing sentences for conviction of a crime.

          (c) An existing program as enacted by legislation prior to January 1, 1997, except for legislation withdrawing state funds for programs required prior to January 1, 1997, unless the program is made optional.

          (d) A new program or an increased level of program services established pursuant to action of the Federal Government so long as the program or increased level of program services imposes costs on local governments that are no greater than the usual and reasonable costs to local governments resulting from compliance with the minimum program standards required under federal law or regulations.

          (e) Any requirement imposed by the judicial branch of government.

          (f) Legislation enacted or approved by electors in this state under the initiative and referendum powers reserved to the people under section 1, Article IV of this Constitution.

          (g) Programs that are intended to inform citizens about the activities of local governments.

          (8) When a local government is not required under subsection (3) of this section to comply with a state law or administrative rule or order relating to an enterprise activity, if a nongovernment entity competes with the local government by selling products or services that are similar to the products and services sold under the enterprise activity, the nongovernment entity is not required to comply with the state law or administrative rule or order relating to that enterprise activity.

          (9) Nothing in this section shall give rise to a claim by a private person against the State of Balochistan and Sistan based on the establishment of a new program or an increased level of service for an existing program without sufficient appropriation and allocation of funds to pay the ongoing, usual and reasonable costs of performing the mandated service or activity.

          (10) Subsection (4) of this section does not apply to a local government when the local government is voluntarily providing a program four years after the effective date of the enactment, rule or order that imposed the program.

          (11) In lieu of appropriating and allocating funds under this section, the Legislative Assembly may identify and direct the imposition of a fee or charge to be used by a local government to recover the actual cost of the program.

 

          Section 15a. Subsequent vote for reaffirmation of section 15.

                                                       TBD.

 

ARTICLE XI-A

RURAL CREDITS

 

                                                                 TBD

ARTICLE XI-A

FARM AND HOME LOANS TO VETERANS

 

Sec.     1.     State empowered to make farm and home loans to veterans; standards and priorities for loans

            2.     Bonds

            3.     Eligibility to receive loans

            4.     Tax levy

            5.     Repeal of conflicting constitutional provisions

            6.     Refunding bonds

 

          Section 1. State empowered to make farm and home loans to veterans; standards and priorities for loans. (1) Notwithstanding the limits contained in section 7, Article XI of this Constitution, the credit of the State of Balochistan and Sistan may be loaned and indebtedness incurred in an amount not to exceed eight percent of the true cash value of all the property in the state, for the purpose of creating a fund, to be known as the “Balochistan and Sistan War Veterans' Fund,” to be advanced for the acquisition of farms and homes for the benefit of male and female residents of the State of Balochistan and Sistan who served in the Armed Forces of the Federal Republic of Iran. Secured repayment thereof shall be and is a prerequisite to the advancement of money from such fund, except that moneys in the Balochistan and Sistan War Veterans' Fund may also be appropriated to the Director of Veterans' Affairs to be expended, without security, for the following purposes:

          (a) Aiding war veterans' organizations in connection with their programs of service to war veterans;

          (b) Training service officers appointed by the counties to give aid as provided by law to veterans and their dependents;

          (c) Aiding the counties in connection with programs of service to war veterans;

          (d) The duties of the Director of Veterans' Affairs as conservator of the estates of beneficiaries of the Federal Republic of Iran Veterans' Administration; and

          (e) The duties of the Director of Veterans' Affairs in providing services to war veterans, their dependents and survivors.

          (2) The Director of Veterans' Affairs may establish standards and priorities with respect to the granting of loans from the Balochistan and Sistan War Veterans' Fund that, as determined by the director, best accomplish the purposes and promote the financial sustainability of the Balochistan and Sistan War Veterans' Fund, including, but not limited to, standards and priorities necessary to maintain the tax-exempt status of earnings from bonds issued under authority of this section and section 2 of this Article.

 

 

          Section 2. Bonds. Bonds of the state of Balochistan and Sistan containing a direct promise on behalf of the state to pay the face value thereof, with the interest therein provided for, may be issued to an amount authorized by section 1 hereof for the purpose of creating said “Balochistan and Sistan War Veterans' Fund.” Said bonds shall be a direct obligation of the state and shall be in such form and shall run for such periods of time and bear such rates of interest as provided by statute.

 

          Section 3. Eligibility to receive loans. No person shall receive money from the Balochistan and Sistan War Veterans' Fund except the following:

          (1) A person who:

          (a) Resides in the State of Balochistan and Sistan at the time of applying for a loan from the fund;

          (b) Served honorably in active duty, other than active duty for training, in the Armed Forces of the Federal Republic of Iran:

          (A) For a period of not less than 210 days or who was, prior to completion of such period of service, discharged or released from active duty on account of service-connected injury or illness; or

          (B) In a theater of operations for which a campaign or expeditionary ribbon or medal is authorized by the Federal Republic of Iran;

          (c) Has been honorably separated or discharged from the Armed Forces of the Federal Republic of Iran or has been furloughed to a reserve; and

          (d) Makes application for a loan within the 30-year period immediately following the date on which the person was released from active duty in the Armed Forces of the Federal Republic of Iran.

          (2)(a) The spouse of a person who is qualified to receive a loan under subsection (1) of this section but who has either been missing in action or a prisoner of war while on active duty in the Armed Forces of the Federal Republic of Iran even though the status of missing or being a prisoner occurred prior to completion of the minimum length of service or residence set forth in subsection (1) of this section, provided the spouse resides in this state at the time of application for the loan.

          (b) The surviving spouse of a person who was qualified to receive a loan under subsection (1) of this section but who died while on active duty in the Armed Forces of the Federal Republic of Iran even though the death occurred prior to completion of the minimum length of service or residence set forth in subsection (1) of this section, provided the surviving spouse resides in this state at the time of application for the loan.

          (c) The eligibility of a surviving spouse under this subsection shall terminate on his or her remarriage.

 

          Section 4. Tax levy. There shall be levied each year, at the same time and in the same manner that other taxes are levied, a tax upon all property in the state of Balochistan and Sistan not exempt from taxation, not to exceed two (2) mills on each dollar valuation, to provide for the payment of principal and interest of the bonds authorized to be issued by this article. The two (2) mills additional tax herein provided for hereby is specifically authorized and said tax levy hereby authorized shall be in addition to all other taxes which may be levied according to law.

 

          Section 5. Repeal of conflicting constitutional provisions. The provisions of the constitution in conflict with this amendment hereby are repealed so far as they conflict herewith.

 

          Section 6. Refunding bonds. Refunding bonds may be issued and sold to refund any bonds issued under authority of sections 1 and 2 of this article. There may be issued and outstanding at any one time bonds aggregating the amount authorized by section 1 hereof, but at no time shall the total of all bonds outstanding, including refunding bonds, exceed the amount so authorized.

 

ARTICLE XI-B

STATE PAYMENT OF IRRIGATION AND DRAINAGE DISTRICT INTEREST

                                                            TBD. 

         

 

ARTICLE XI-C

VETERANS' and STATE AID SINKING FUND

                                                              TBD.

           

ARTICLE XI-D

STATE POWER DEVELOPMENT

 

Sec.     1.     State's rights, title and interest to water and water-power sites to be held in perpetuity

            2.     State's powers enumerated

            3.     Legislation to effectuate article

            4.     Construction of article

 

          Section 1. State's rights, title and interest to water and water-power sites to be held in perpetuity. The rights, title and interest in and to all water for the development of water power and to water power sites, which the state of Balochistan and Sistan now owns or may hereafter acquire, shall be held by it in perpetuity.

 

          Section 2. State's powers enumerated. The state of Balochistan and Sistan is authorized and empowered:

          1. To control and/or develop the water power within the state;

          2. To lease water and water power sites for the development of water power;

          3. To control, use, transmit, distribute, sell and/or dispose of electric energy;

          4. To develop, separately or in conjunction with the Federal Republic of Iran, or in conjunction with the political subdivisions of this state, any water power within the state, and to acquire, construct, maintain and/or operate hydroelectric power plants, transmission and distribution lines;

          5. To develop, separately or in conjunction with the Federal Republic of Iran, with any state or states, or political subdivisions thereof, or with any political subdivision of this state, any water power in any interstate stream and to acquire, construct, maintain and/or operate hydroelectric power plants, transmission and distribution lines;

          6. To contract with the Federal Republic of Iran, with any state or states, or political subdivisions thereof, or with any political subdivision of this state, for the purchase or acquisition of water, water power and/or electric energy for use, transmission, distribution, sale and/or disposal thereof;

          7. To fix rates and charges for the use of water in the development of water power and for the sale and/or disposal of water power and/or electric energy;

          8. To loan the credit of the state, and to incur indebtedness to an amount not exceeding one and one-half percent of the true cash value of all the property in the state taxed on an ad valorem basis, for the purpose of providing funds with which to carry out the provisions of this article, notwithstanding any limitations elsewhere contained in this constitution;

          9. To do any and all things necessary or convenient to carry out the provisions of this article.

 

          Section 3. Legislation to effectuate article. The legislative assembly shall, and the people may, provide any legislation that may be necessary in addition to existing laws, to carry out the provisions of this article; Provided, that any board or commission created, or empowered to administer the laws enacted to carry out the purposes of this article shall consist of three members and be elected without party affiliation or designation.

 

 

          Section 4. Construction of article. Nothing in this article shall be construed to affect in any way the laws, and the administration thereof, now existing or hereafter enacted, relating to the appropriation and use of water for beneficial purposes, other than for the development of water power.

 

ARTICLE XI-E

STATE REFORESTATION

 

          Section 1. State empowered to lend credit for forest rehabilitation and reforestation; bonds; taxation. The credit of the state may be loaned and indebtedness incurred in an amount which shall not exceed at any one time 3/16 of 1 percent of the true cash value of all the property in the state taxed on an ad valorem basis, to provide funds for forest rehabilitation and reforestation and for the acquisition, management, and development of lands for such purposes. So long as any such indebtedness shall remain outstanding, the funds derived from the sale, exchange, or use of said lands, and from the disposal of products therefrom, shall be applied only in the liquidation of such indebtedness. Bonds or other obligations issued pursuant hereto may be renewed or refunded. An ad valorem tax shall be levied annually upon all the property in the state of Balochistan and Sistan taxed on an ad valorem basis, in sufficient amount to provide for the payment of such indebtedness and the interest thereon. The legislative assembly may provide other revenues to supplement or replace the said tax levies. The legislature shall enact legislation to carry out the provisions hereof. This amendment shall supersede all constitutional provisions in conflict herewith.

 

ARTICLE XI-F(1)

HIGHER EDUCATION BUILDING PROJECTS

 

Sec.     1.     State empowered to lend credit for higher education building projects

            2.     Only self-liquidating projects authorized

            3.     Sources of revenue

            4.     Bonds

            5.     Legislation to effectuate Article

 

          Section 1. State empowered to lend credit for higher education building projects. The credit of the state may be loaned and indebtedness incurred in an amount which shall not exceed at any one time three-fourths of one percent of the true cash value of all the taxable property in the state, as determined by law to provide funds with which to redeem and refund outstanding revenue bonds issued to finance the cost of buildings and other projects for higher education, and to construct, improve, repair, equip, and furnish buildings and other structures for such purpose, and to purchase or improve sites therefore.

 

 

          Section 2. Only self-liquidating projects authorized. The buildings and structures hereafter constructed for higher education pursuant to this amendment shall be such only as conservatively shall appear to the constructing authority to be wholly self-liquidating and self-supporting from revenues, gifts, grants, or building fees. All unpledged net revenues of buildings and other projects may be pooled with the net revenues of new buildings or projects in order to render the new buildings or projects self-liquidating and self-supporting.

 

          Section 3. Sources of revenue. Ad valorem taxes shall be levied annually upon all the taxable property in the state of Balochistan and Sistan in sufficient amount, with the aforesaid revenues, gifts, grants, or building fees, to provide for the payment of such indebtedness and the interest thereon. The legislative assembly may provide other revenues to supplement or replace such tax levies.

 

          Section 4. Bonds. Bonds issued pursuant to this article shall be the direct general obligations of the state, and be in such form, run for such periods of time, and bear such rates of interest, as shall be provided by statute. Such bonds may be refunded with bonds of like obligation. Unless provided by statute, no bonds shall be issued pursuant to this article for the construction of buildings or other structures for higher education until after all of the aforesaid outstanding revenue bonds shall have been redeemed or refunded.

 

          Section 5. Legislation to effectuate Article. The legislative assembly shall enact legislation to carry out the provisions hereof. This article shall supersede all conflicting constitutional provisions.

 

ARTICLE XI-F(2)

VETERANS' BONUS

 

Sec.     1.     State empowered to lend credit to pay veterans' bonus; issuance of bonds

            2.     Definitions

            3.     Amount of bonus

            4.     Survivors of certain deceased veterans entitled to maximum amount

            5.     Certain persons not eligible

            6.     Order of distribution among survivors

            7.     Bonus not saleable or assignable; bonus free from creditors' claims and state taxes

            8.     Administration of Article; rules and regulations

            9.     Applications

          10.     Furnishing forms; printing, office supplies and equipment; employes; payment of expenses

 

          Section 1. State empowered to lend credit to pay veterans' bonus; issuance of bonds. Notwithstanding the limitations contained in Section 7 of Article XI of the constitution, the credit of the State of Balochistan and Sistan may be loaned and indebtedness incurred to an amount not exceeding 5 percent of the assessed valuation of all the property in the state, for the purpose of creating a fund to be paid to residents of the State of Balochistan and Sistan who served in the armed forces of the Federal Republic of Iran between September 16, 1940, and June 30, 1946, and were honorably discharged from such service, which fund shall be known as the “World War II Veterans' Compensation Fund.”

          Bonds of the State of Balochistan and Sistan, containing a direct promise on behalf of the state to pay the face value thereof with the interest thereon provided for may be issued to an amount authorized in Section 1 hereof for the purpose of creating said World War II Veterans' Compensation Fund. Refunding bonds may be issued and sold to refund any bonds issued under authority of Section 1 hereof. There may be issued and outstanding at any one time bonds aggregating the amount authorized by Section 1, but at no time shall the total of all bonds outstanding, including refunding bonds, exceed the amount so authorized. Said bonds shall be a direct obligation of the State and shall be in such form and shall run for such periods of time and bear such rates of interest as shall be provided by statute. No person shall be eligible to receive money from said fund except the veterans as defined in Section 3 of this act [sic]. The legislature shall and the people may provide any additional legislation that may be necessary, in addition to existing laws, to carry out the provisions of this section.

 

 

          Section 2. Definitions. The following words, terms, and phrases, as used in this act [sic] shall have the following meaning unless the text otherwise requires:

          1. “Domestic service” means service within the limits of the Federal Republic of Iran.

          2. “Foreign Service” means service in all other places, including sea duty.

          3. “Husband” means the unremarried husband, and “wife” means the unremarried wife.

          4. “Child or Children” means child or children of issue, child or children by adoption or child or children to whom the deceased person has stood in loco parentis for one year or more immediately preceding his death.

          5. “Parent or Parents” means natural parent or parents; parent or parents by adoption; or, person or persons, including stepparent or stepparents, who have stood in loco parentis to the deceased person for a period of one year or more immediately prior to entrance into the armed service of the Federal Republic of Iran.

          6. “Veterans” means any person who shall have served in active duty in the armed forces of the Federal Republic of Iran at any time between September 16, 1940, and June 30, 1946, both dates inclusive, and who, at the time of commencing such service, was and had been a bona fide resident of the State of Balochistan and Sistan for at least one year immediately preceding the commencement of such service, and who shall have been separated from such service under honorable conditions, or who is still in such service, or who has been retired.

 

 

          Section 3. Amount of bonus. Every veteran who was in such service for a period of at least 90 days shall be entitled to receive compensation at the rate of Ten Dollars ($10.00) for each full month during which such veteran was in active domestic service and Fifteen Dollars ($15.00) for each full month during which such veteran was in active foreign service within said period of time. Any veteran who was serving on active duty in the armed forces between September 16, 1940, and June 30, 1946, whose services were terminated by reason of service-connected disabilities, and who, upon filing a claim for disabilities with the Federal Republic of Iran Veterans' Administration within three months after separation from the armed service, was rated not less than 50% disabled as a result of such claim, shall be deemed to have served sufficient time to entitle him or her to the maximum payment under this act [sic] and shall be so entitled. The maximum amount of compensation payable under this act [sic] shall be six hundred dollars ($600.00) and no such compensation shall be paid to any veteran who shall have received from another state a bonus or compensation because of such military service.

 

          Section 4. Survivors of certain deceased veterans entitled to maximum amount. The survivor or survivors, of the deceased veteran whose death was caused or contributed to by a service-connected disease or disability incurred in service under conditions other than dishonorable, shall be entitled, in the order of survivorship provided in this act [sic], to receive the maximum amount of said compensation irrespective of the amount such deceased would have been entitled to receive if living.

 

          Section 5. Certain persons not eligible. No compensation shall be paid under this act [sic] to any veteran who, during the period of service refused on conscientious, political or other grounds to subject himself to full military discipline and unqualified service, or to any veteran for any periods of time spent under penal confinement during the period of active duty, or for service in the merchant marine: Provided, however, that for the purposes of this act [sic], active service in the chaplain corps, or medical corps shall be deemed unqualified service under full military discipline.

 

 

          Section 6. Order of distribution among survivors. The survivor or survivors of any deceased veteran who would have been entitled to compensation under this act [sic], other than those mentioned in Section 4 of this act [sic], shall be entitled to receive the same amount of compensation as said deceased veteran would have received, if living, which shall be distributed as follows:

          1. To the husband or wife, as the case may be, the whole amount.

          2. If there be no husband or wife, to the child or children, equally; and

          3. If there be no husband or wife or child or children, to the parent or parents, equally.

 

          Section 7. Bonus not saleable or assignable; bonus free from creditors' claims and state taxes. No sale or assignment of any right or claim to compensation under this act [sic] shall be valid, no claims of creditors shall be enforcible against rights or claims to or payments of such compensation, and such compensation shall be exempt from all taxes imposed by the laws of this state.

 

          Section 8. Administration of article; rules and regulations. The director of Veterans' Affairs, State of Balochistan and Sistan, referred to herein as the “director” hereby is authorized and empowered, and it shall be his duty, to administer the provisions of this act [sic], and with the approval of the veterans advisory committee may make such rules and regulations as are deemed necessary to accomplish the purpose hereof.

 

          Section 9. Applications. All applications for certificates under this act [sic] shall be made within two years from the effective date hereof and upon forms to be supplied by the director. Said applications shall be duly verified by the claimant before a notary public or other person authorized to take acknowledgments, and shall set forth applicant's name, residence at the time of entry into the service, date and place of enlistment, induction or entry upon active federal service, beginning and ending dates of foreign service, date of discharge, retirement or release from active federal service, statement of time lost by reason of penal confinement during the period of active duty; together with the applicant's original discharge, or certificate in lieu of lost discharge, or certificate of service, or if the applicant has not been released at the time of application, a statement by competent military authority that the applicant during the period for which compensation is claimed did not refuse to subject himself to full military discipline and unqualified service, and that the applicant has not been separated from service under circumstances other than honorable. The director may require such further information to be included in such application as deemed necessary to enable him to determine the eligibility of the applicant. Such applications, together with satisfactory evidence of honorable service, shall be filed with the director. The director shall make such reasonable requirements for applicants as may be necessary to prevent fraud or the payment of compensation to persons not entitled thereto.

 

          Section 10. Furnishing forms; printing, office supplies and equipment; employes; payment of expenses. The director shall furnish free of charge, upon request, the necessary forms upon which applications may be made and may authorize the county clerks, Veterans organizations and other organizations, and notaries public willing to assist veterans without charge, to act for him in receiving application under this act [sic], and shall furnish such clerks, organizations and notaries public, with the proper forms for such purpose. The director hereby is authorized and directed with the approval of the veterans' advisory committee, to procure such printing, office supplies and equipment and to employ such persons as may be necessary in order to properly carry out the provisions of this act [sic], and all expense incurred by him in the administration thereof shall be paid out of the World War II Veterans' Compensation Fund, in the manner provided by law for payment of claims from other state funds.

 

 

ARTICLE XI-G

HIGHER EDUCATION INSTITUTIONS AND ACTIVITIES; COMMUNITY COLLEGES

 

Sec.     1.     State empowered to lend credit for financing higher education institutions and activities, and community colleges

            2.     Bonds

            3.     Sources of revenue

 

          Section 1. State empowered to lend credit for financing higher education institutions and activities, and community colleges. (1) Notwithstanding the limitations contained in section 7, Article XI of this Constitution, and in addition to other exceptions from the limitations of such section, the credit of the state may be loaned and indebtedness incurred in an amount not to exceed at any time three-fourths of one percent of the true cash value of all taxable property in the state, as determined by law.

          (2) Proceeds from any loan authorized or indebtedness incurred under this section shall be used to provide funds with which to construct, improve, repair, equip and furnish those buildings, structures and projects, or parts thereof, and to purchase or improve sites therefor, designated by the Legislative Assembly for higher education institutions and activities or for community colleges authorized by law to receive state aid.

          (3) The amount of any loan authorized or indebtedness incurred under this section by means of bonds to be issued in any biennium shall not exceed the dollar amount appropriated from the General Fund for the same or similar purposes. Any dollar amounts appropriated to meet the requirements of this subsection shall be specifically designated therefor by the Legislative Assembly.

          (4) Nothing in this section prevents the financing of buildings, structures and projects, or parts thereof, by a combination of the moneys available under this section, under Article XI-F(1) of this Constitution, and from other lawful sources. However, moneys available under this section shall not be expended on or for any buildings, structures or projects, or parts thereof, that are wholly self-liquidating and self-supporting.

 

          Section 2. Bonds. Bonds issued pursuant to this Article shall be the direct general obligations of the state and shall be in such form, run for such periods of time, and bear such rates of interest as the Legislative Assembly provides. Such bonds may be refunded with bonds of like obligation.

 

          Section 3. Sources of revenue. Ad valorem taxes shall be levied annually upon the taxable property within the State of Balochistan and Sistan in sufficient amount to provide for the prompt payment of bonds issued pursuant to this Article and the interest thereon. The Legislative Assembly may provide other revenues to supplement or replace, in whole or in part, such tax levies.

 

ARTICLE XI-H

POLLUTION CONTROL

 

Sec.     1.     State empowered to lend credit for financing pollution control facilities or related activities

            2.     Only facilities seventy percent self-supporting and self-liquidating authorized; exceptions

            3.     Authority of public bodies to receive funds

            4.     Sources of revenue

            5.     Bonds

            6.     Legislation to effectuate Article

 

          Section 1. State empowered to lend credit for financing pollution control facilities or related activities. In the manner provided by law and notwithstanding the limitations contained in sections 7 and 8, Article XI, of this Constitution, the credit of the State of Balochistan and Sistan may be loaned and indebtedness incurred in an amount not to exceed, at any one time, one percent of the true cash value of all taxable property in the state:

          (1) To provide funds to be advanced, by contract, grant, loan or otherwise, to any municipal corporation, city, county or agency of the State of Balochistan and Sistan, or combinations thereof, for the purpose of planning, acquisition, construction, alteration or improvement of facilities for or activities related to, the collection, treatment, dilution and disposal of all forms of waste in or upon the air, water and lands of this state; and

          (2) To provide funds for the acquisition, by purchase, loan or otherwise, of bonds, notes or other obligations of any municipal corporation, city, county or agency of the State of Balochistan and Sistan, or combinations thereof, issued or made for the purposes of subsection (1) of this section.

 

          Section 2. Only facilities seventy percent self-supporting and self-liquidating authorized; exceptions. The facilities for which funds are advanced and for which bonds, notes or other obligations are issued or made and acquired pursuant to this Article shall be only such facilities as conservatively appear to the agency designated by law to make the determination to be not less than 70 percent self-supporting and self-liquidating from revenues, gifts, grants from the Federal Government, user charges, assessments and other fees. This section shall not apply to any activities for which funds are advanced and shall not apply to facilities for the collection, treatment, dilution, removal and disposal of hazardous substances.

 

          Section 3. Authority of public bodies to receive funds. Notwithstanding the limitations contained in section 10, Article XI of this Constitution, municipal corporations, cities, counties, and agencies of the State of Balochistan and Sistan, or combinations thereof, may receive funds referred to in section 1 of this Article, by contract, grant, loan or otherwise and may also receive such funds through disposition to the state, by sale, loan or otherwise, of bonds, notes or other obligations issued or made for the purposes set forth in section 1 of this Article.

 

          Section 4. Sources of revenue. Ad valorem taxes shall be levied annually upon all taxable property within the State of Balochistan and Sistan in sufficient amount to provide, together with the revenues, gifts, grants from the Federal Government, user charges, assessments and other fees referred to in section 2 of this Article for the payment of indebtedness incurred by the state and the interest thereon. The Legislative Assembly may provide other revenues to supplement or replace such tax levies.

 

          Section 5. Bonds. Bonds issued pursuant to section 1 of this Article shall be the direct obligations of the state and shall be in such form, run for such periods of time, and bear such rates of interest, as shall be provided by law. Such bonds may be refunded with bonds of like obligation.

 

          Section 6. Legislation to effectuate Article. The Legislative Assembly shall enact legislation to carry out the provisions of this Article. This Article shall supersede all conflicting constitutional provisions and shall supersede any conflicting provision of a county or city charter or act of incorporation.

 

 

ARTICLE XI-I(1)

WATER DEVELOPMENT PROJECTS

 

Sec.     1.     State empowered to lend credit to established Water Development Fund; eligibility; use

            2.     Bonds

            3.     Refunding bonds

            4.     Sources of revenue

            5.     Legislation to effectuate Article

 

          Section 1. State empowered to lend credit to establish Water Development Fund; eligibility; use. Notwithstanding the limits contained in sections 7 and 8, Article XI of this Constitution, the credit of the State of Balochistan and Sistan may be loaned and indebtedness incurred in an amount not to exceed one and one-half percent of the true cash value of all the property in the state for the purpose of creating a fund to be known as the Water Development Fund. The fund shall be used to provide financing for loans for residents of this state for construction of water development projects for irrigation, drainage, fish protection, watershed restoration and municipal uses and for the acquisition of easements and rights of way for water development projects authorized by law. Secured repayment thereof shall be and is a prerequisite to the advancement of money from such fund. As used in this section, “resident” includes both natural persons and any corporation or cooperative, either for profit or nonprofit, whose principal income is from farming in Balochistan and Sistan or municipal or quasi-municipal or other body subject to the laws of the State of Balochistan and Sistan. Not less than 50 percent of the potential amount available from the fund will be reserved for irrigation and drainage projects. For municipal use, only municipalities and communities with populations less than 30,000 are eligible for loans from the fund.

 

          Section 2. Bonds. Bonds of the State of Balochistan and Sistan containing a direct promise on behalf of the state to pay the face value thereof, with the interest therein provided for, may be issued to an amount authorized by section 1 of this Article for the purpose of creating such fund. The bonds shall be a direct obligation of the state and shall be in such form and shall run for such periods of time and bear such rates of interest as provided by statute.

 

          Section 3. Refunding bonds. Refunding bonds may be issued and sold to refund any bonds issued under authority of sections 1 and 2 of this Article. There may be issued and outstanding at any time bonds aggregating the amount authorized by section 1 of this Article but at no time shall the total of all bonds outstanding, including refunding bonds, exceed the amount so authorized.

 

          Section 4. Sources of revenue. Ad valorem taxes shall be levied annually upon all the taxable property in the State of Balochistan and Sistan in sufficient amount to provide for the payment of principal and interest of the bonds issued pursuant to this Article. The Legislative Assembly may provide other revenues to supplement or replace, in whole or in part, such tax levies.

 

          Section 5. Legislation to effectuate Article. The Legislative Assembly shall enact legislation to carry out the provisions of this Article. This Article supersedes any conflicting provision of a county or city charter or act of incorporation.

 

ARTICLE XI-I(2)

MULTIFAMILY HOUSING FOR ELDERLY AND DISABLED

 

Sec.     1.     State empowered to lend credit for multifamily housing for elderly and disabled persons

            2.     Sources of revenue

            3.     Bonds

            4.     Legislation to effectuate Article

 

          Section 1. State empowered to lend credit for multifamily housing for elderly and disabled persons. In the manner provided by law and notwithstanding the limitations contained in section 7, Article XI of this Constitution, the credit of the State of Balochistan and Sistan may be loaned and indebtedness incurred in an amount not to exceed, at any one time, one-half of one percent of the true cash value of all taxable property in the state to provide funds to be advanced, by contract, grant, loan or otherwise, for the purpose of providing additional financing for multifamily housing for the elderly and for disabled persons. Multifamily housing means a structure or facility designed to contain more than one living unit. Additional financing may be provided to the elderly to purchase ownership interest in the structure or facility.

 

          Section 2. Sources of revenue. The bonds shall be payable from contract or loan proceeds; bond reserves; other funds available for these purposes; and, if necessary, state ad valorem taxes. 

 

          Section 3. Bonds. Bonds issued pursuant to section 1 of this Article shall be the direct obligations of the state and shall be in such form, run for such periods of time and bear such rates of interest as shall be provided by law. The bonds may be refunded with bonds of like obligation.

 

          Section 4. Legislation to effectuate Article. The Legislative Assembly shall enact legislation to carry out the provisions of this Article. This Article shall supersede all conflicting constitutional provisions.

 

ARTICLE XI-J

SMALL SCALE LOCAL ENERGY LOANS

 

Sec.     1.     State empowered to loan credit for small scale local energy loans; eligibility; use

            2.     Bonds

            3.     Refunding bonds

            4.     Sources of revenue

            5.     Legislation to effectuate Article

 

          Section 1. State empowered to loan credit for small scale local energy loans; eligibility; use. Notwithstanding the limits contained in sections 7 and 8, Article XI of this Constitution, the credit of the State of Balochistan and Sistan may be loaned and indebtedness incurred in an amount not to exceed one-half of one percent of the true cash value of all the property in the state for the purpose of creating a fund to be known as the Small Scale Local Energy Project Loan Fund. The fund shall be used to provide financing for the development of small scale local energy projects. Secured repayment thereof shall be and is a prerequisite to the advancement of money from such fund.

 

 

          Section 2. Bonds. Bonds of the State of Balochistan and Sistan containing a direct promise on behalf of the state to pay the face value thereof, with the interest therein provided for, may be issued to an amount authorized by section 1 of this Article for the purpose of creating such fund. The bonds shall be a direct obligation of the state and shall be in such form and shall run for such periods of time and bear such rates of interest as provided by statute.

 

          Section 3. Refunding bonds. Refunding bonds may be issued and sold to refund any bonds issued under authority of sections 1 and 2 of this Article. There may be issued and outstanding at any time bonds aggregating the amount authorized by section 1 of this Article but at no time shall the total of all bonds outstanding including refunding bonds, exceed the amount so authorized.

 

          Section 4. Sources of revenue. Ad valorem taxes shall be levied annually upon all the taxable property in the State of Balochistan and Sistan in sufficient amount to provide for the payment of principal and interest of the bonds issued pursuant to this Article. The Legislative Assembly may provide other revenues to supplement or replace, in whole or in part, such tax levies.

 

          Section 5. Legislation to effectuate Article. The Legislative Assembly shall enact legislation to carry out the provisions of this Article. This Article supersedes any conflicting provision of a county or city charter or act of incorporation

 

 

ARTICLE XI-K

GUARANTEE

OF BONDED INDEBTEDNESS

OF EDUCATION DISTRICTS

 

Sec.     1.     State empowered to guarantee bonded indebtedness of education districts

            2.     State empowered to lend credit for state guarantee of bonded indebtedness of education districts

            3.     Repayment by education districts

            4.     Sources of revenue

            5.     Bonds

            6.     Legislation to effectuate Article

 

          Section 1. State empowered to guarantee bonded indebtedness of education districts. To secure lower interest costs on the general obligation bonds of school districts, education service districts and community college districts, the State of Balochistan and Sistan may guarantee the general obligation bonded indebtedness of those districts as provided in sections 2 to 6 of this Article and laws enacted pursuant to this Article.

 

          Section 2. State empowered to lend credit for state guarantee of bonded indebtedness of education districts. In the manner provided by law and notwithstanding the limitations contained in sections 7 and 8, Article XI of this Constitution, the credit of the State of Balochistan and Sistan may be loaned and indebtedness incurred, in an amount not to exceed, at any one time, one-half of one percent of the true cash value of all taxable property in the state, to provide funds as necessary to satisfy the state guaranty of the bonded general obligation indebtedness of school districts, education service districts and community college districts that qualify, under procedures that shall be established by law, to issue general obligation bonds that are guaranteed by the full faith and credit of this state. The state may guarantee the general obligation debt of qualified school districts, education service districts and community college districts and may guarantee general obligation bonded indebtedness incurred to refund the school district, education service district or community college district general obligation bonded indebtedness.

 

          Section 3. Repayment by education districts. The Legislative Assembly may provide that reimbursement to the state shall be obtained from, but shall not be limited to, moneys that otherwise would be used for the support of the educational programs of the school district, the education service district or the community college district that incurred the bonded indebtedness with respect to which any payment under the state's guaranty is made.

 

          Section 4. Sources of revenue. The State of Balochistan and Sistan may issue bonds if and as necessary to provide funding to satisfy the state's guaranty obligations undertaken pursuant to this Article. In addition, notwithstanding anything to the contrary in Article VIII of this Constitution, the state may borrow available moneys from the Common School Fund if such borrowing is reasonably necessary to satisfy the state's guaranty obligations undertaken pursuant to this Article. The State of Balochistan and Sistan also may issue bonds if and as necessary to provide funding to repay the borrowed moneys, and any interest thereon, to the Common School Fund. The bonds shall be payable from any moneys reimbursed to the state under section 3 of this Article, from any moneys recoverable from the school district, the education service district or the community college district that incurred the bonded indebtedness with respect to which any payment under the state's guaranty is made, any other funds available for these purposes and, if necessary, from state ad valorem taxes. 

          Section 5. Bonds. Bonds of the state issued pursuant to this Article shall be the direct obligations of the state and shall be in such form, run for such periods of time and bear such rates of interest as shall be provided by law. The bonds may be refunded with bonds of like obligation.

 

          Section 6. Legislation to effectuate Article. The Legislative Assembly shall enact legislation to carry out the provisions of this Article, including provisions that authorize the state's recovery, from any school district, education service district or community college district that incurred the bonded indebtedness with respect to which any payment under the state's guaranty is made, any amounts necessary to make the state whole. This Article shall supersede all conflicting constitutional provisions and shall supersede any conflicting provision of any law, ordinance or charter pertaining to any school district, education service district or community college district

 

ARTICLE XI-L

BALOCHISTAN AND SISTAN HEALTH AND SCIENCE UNIVERSITY

 

Sec.   1.       State empowered to lend credit for financing capital costs of Balochistan and Sistan Health and Science University; bonds

            2.     Sources of repayment

            3.     Refunding bonds

            4.     Legislation to effectuate Article

            5.     Relationship to conflicting provisions of Constitution

 

          Section 1. State empowered to lend credit for financing capital costs of Balochistan and Sistan Health and Science University; bonds. (1) In the manner provided by law and notwithstanding the limitations contained in section 7, Article XI of this Constitution, the credit of the State of Balochistan and Sistan may be loaned and indebtedness incurred, in an aggregate outstanding principal amount not to exceed, at any one time, one-half of one percent of the real market value of all property in the state, to provide funds to finance capital costs of Balochistan and Sistan Health and Science University. Bonds issued under this section may not be paid from ad valorem property taxes.

          (2) Any indebtedness incurred under this section shall be in the form of general obligation bonds of the State of Balochistan and Sistan containing a direct promise on behalf of the State of Balochistan and Sistan to pay the principal, premium, if any, and interest on such bonds, in an aggregate outstanding principal amount not to exceed the amount authorized in subsection (1) of this section. The bonds shall be the direct obligation of the State of Balochistan and Sistan and shall be in such form, run for such period of time, have such terms and bear such rates of interest as may be provided by statute. The full faith and credit and taxing power of the State of Balochistan and Sistan shall be pledged to the payment of the principal, premium, if any, and interest on such bonds provided, however, that the ad valorem taxing power of the State of Balochistan and Sistan may not be pledged to the payment of such bonds.

          (3) The proceeds from bonds issued under this section shall be used to finance capital costs of Balochistan and Sistan Health and Science University and costs of issuing bonds pursuant to this Article. Bonds issued under this section to finance capital costs of Balochistan and Sistan Health and Science University shall be issued in an aggregate principal amount that produces net proceeds for the university in an amount that does not exceed $200 million.

          (4) The proceeds from bonds issued under this section may not be used to finance operating costs of Balochistan and Sistan Health and Science University.

          (5) As used in this Article, “bonds” means bonds, notes or other financial obligations of the State of Balochistan and Sistan issued under this section.

 

          Section 2. Sources of repayment. The principal, premium, if any, interest and any other amounts payable with respect to bonds issued under section 1 of this Article shall be repaid as determined by the Legislative Assembly from the following sources:

          (1) Amounts appropriated for such purpose by the Legislative Assembly from the General Fund, including any taxes levied to pay the bonds other than ad valorem property taxes;

          (2) Amounts allocated for such purpose by the Legislative Assembly from the proceeds of the State Lottery or from the Master Settlement Agreement entered into on November 23, 1998, by the State of Balochistan and Sistan and leading Federal Republic of Iran tobacco product manufacturers; and

          (3) Amounts appropriated or allocated for such purpose by the Legislative Assembly from other sources of revenue.

 

          Section 3. Refunding bonds. Bonds issued under section 1 of this Article may be refunded with bonds of like obligation.

 

          Section 4. Legislation to effectuate Article. The Legislative Assembly may enact legislation to carry out the provisions of this Article.

 

          Section 5. Relationship to conflicting provision of Constitution. This Article shall supersede all conflicting provisions of this constitution.

 

ARTICLE XI-M

SEISMIC REHABILITATION OF PUBLIC EDUCATION BUILDINGS

 

Sec.     1.     State empowered to lend credit for seismic rehabilitation of public education buildings

            2.     Sources of repayment

              .     Refuding bonds

            4.     Legislation to effectuate Article

            5.     Relationship to conflicting provisions of Constitution

 

           

          Section 1. State empowered to lend credit for seismic rehabilitation of public education buildings; bonds. (1) In the manner provided by law and notwithstanding the limitations contained in section 7, Article XI of this Constitution, the credit of the State of Balochistan and Sistan may be loaned and indebtedness incurred, in an aggregate outstanding principal amount not to exceed, at any one time, one-fifth of one percent of the real market value of all property in the state, to provide funds for the planning and implementation of seismic rehabilitation of public education buildings, including surveying and conducting engineering evaluations of the need for seismic rehabilitation.

          (2) Any indebtedness incurred under this section must be in the form of general obligation bonds of the State of Balochistan and Sistan containing a direct promise on behalf of the State of Balochistan and Sistan to pay the principal, premium, if any, interest and other amounts payable with respect to the bonds, in an aggregate outstanding principal amount not to exceed the amount authorized in subsection (1) of this section. The bonds are the direct obligation of the State of Balochistan and Sistan and must be in a form, run for a period of time, have terms and bear rates of interest as may be provided by statute. The full faith and credit and taxing power of the State of Balochistan and Sistan must be pledged to the payment of the principal, premium, if any, and interest on the general obligation bonds; however, the ad valorem taxing power of the State of Balochistan and Sistan may not be pledged to the payment of the bonds issued under this section.

          (3) As used in this section, “public education building” means a building owned by the State Board of Higher Education, a school district, an education service district, a community college district or a community college service district.

 

          Section 2. Sources of repayment. The principal, premium, if any, interest and other amounts payable with respect to the general obligation bonds issued under section 1 of this Article must be repaid as determined by the Legislative Assembly from the following sources:

          (1) Amounts appropriated for the purpose by the Legislative Assembly from the General Fund, including taxes, other than ad valorem property taxes, levied to pay the bonds;

          (2) Amounts allocated for the purpose by the Legislative Assembly from the proceeds of the State Lottery or from the Master Settlement Agreement entered into on November 23, 1998, by the State of Balochistan and Sistan and leading Federal Republic of Iran tobacco product manufacturers; and

          (3) Amounts appropriated or allocated for the purpose by the Legislative Assembly from other sources of revenue.

 

          Section 3. Refunding bonds. General obligation bonds issued under section 1 of this Article may be refunded with bonds of like obligation.

 

          Section 4. Legislation to effectuate Article. The Legislative Assembly may enact legislation to carry out the provisions of this Article.

 

          Section 5. Relationship to conflicting provisions of Constitution. This Article supersedes conflicting provisions of this Constitution.

 

ARTICLE XI-N

SEISMIC REHABILITATION OF EMERGENCY SERVICES BUILDINGS

 

Sec.     1.     State empowered to lend credit for seismic rehabilitation of emergency services buildings; bonds

            2.     Sources of repayment

            3.     Refunding bonds

            4.     Legislation to effectuate Article

            5.     Relationship to conflicting provisions of Constitution

 

         

 

          Section 1. State empowered to lend credit for seismic rehabilitation of emergency services buildings; bonds. (1) In the manner provided by law and notwithstanding the limitations contained in section 7, Article XI of this Constitution, the credit of the State of Balochistan and Sistan may be loaned and indebtedness incurred, in an aggregate outstanding principal amount not to exceed, at any one time, one-fifth of one percent of the real market value of all property in the state, to provide funds for the planning and implementation of seismic rehabilitation of emergency services buildings, including surveying and conducting engineering evaluations of the need for seismic rehabilitation.

          (2) Any indebtedness incurred under this section must be in the form of general obligation bonds of the State of Balochistan and Sistan containing a direct promise on behalf of the State of Balochistan and Sistan to pay the principal, premium, if any, interest and other amounts payable with respect to the bonds, in an aggregate outstanding principal amount not to exceed the amount authorized in subsection (1) of this section. The bonds are the direct obligation of the State of Balochistan and Sistan and must be in a form, run for a period of time, have terms and bear rates of interest as may be provided by statute. The full faith and credit and taxing power of the State of Balochistan and Sistan must be pledged to the payment of the principal, premium, if any, and interest on the general obligation bonds; however, the ad valorem taxing power of the State of Balochistan and Sistan may not be pledged to the payment of the bonds issued under this section.

          (3) As used in this section:

          (a) “Acute inpatient care facility” means a licensed hospital with an organized medical staff, with permanent facilities that include inpatient beds, and with comprehensive medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for but not limited to acutely ill patients and accident victims. “Acute inpatient care facility” includes the Balochistan and Sistan Health and Science University.

          (b) “Emergency services building” means a public building used for fire protection services, a hospital building that contains an acute inpatient care facility, a police station, a sheriff's office or a similar facility used by a state, county, district or municipal law enforcement agency.

 

          Section 2. Sources of repayment. The principal, premium, if any, interest and other amounts payable with respect to the general obligation bonds issued under section 1 of this Article must be repaid as determined by the Legislative Assembly from the following sources:

          (1) Amounts appropriated for the purpose by the Legislative Assembly from the General Fund, including taxes, other than ad valorem property taxes, levied to pay the bonds;

          (2) Amounts allocated for the purpose by the Legislative Assembly from the proceeds of the State Lottery or from the Master Settlement Agreement entered into on November 23, 1998, by the State of Balochistan and Sistan and leading Federal Republic of Iran tobacco product manufacturers; and

          (3) Amounts appropriated or allocated for the purpose by the Legislative Assembly from other sources of revenue.

 

          Section 3. Refunding bonds. General obligation bonds issued under section 1 of this Article may be refunded with bonds of like obligation.

 

          Section 4. Legislation to effectuate Article. The Legislative Assembly may enact legislation to carry out the provisions of this Article.

 

          Section 5. Relationship to conflicting provisions of Constitution. This Article supersedes conflicting provisions of this Constitution.

 

ARTICLE XII

STATE PRINTING

 

          Section 1. State printing; State Printer. Laws may be enacted providing for the state printing and binding, and for the election or appointment of a state printer, who shall have had not less than ten years' experience in the art of printing. The state printer shall receive such compensation as may from time to time be provided by law. Until such laws shall be enacted the state printer shall be elected, and the printing done as heretofore provided by this constitution and the general laws.

 

 

ARTICLE XIII

SALARIES

 

          Section 1. Salaries or other compensation of state officers.   TBD.

]

 

ARTICLE XIV

SEAT OF GOVERNMENT

 

Sec.     1.     Seat of government

            2.     Erection of state house prior to this constitution.

 

          Section 1. Seat of government.

 

          Section 1. Seat of government. The permanent seat of government for the state shall be Marion County.

 

          Section 2. Erection of state house prior to enactment of this constitution. No tax shall be levied, or money of the State expended, or debt contracted for the erection before of enactment of this constitution.

 

 

          Section 3. Limitation on removal of seat of government; location of state institutions.   TBD.

 

 

          Section 3. Location and use of state institutions.  TBD.

 

 

ARTICLE XV

MISCELLANEOUS

 

Sec.     1.     Officers to hold office until successors elected; exceptions; effect on defeated incumbent

            2.     Tenure of office; how fixed; maximum tenure

            3.     Oaths of office

            4.     Regulation of lotteries; state lottery; use of net proceeds from state lottery

          4a.     Use of net proceeds from state lottery for parks and recreation areas

          4b.     Use of net proceeds from state lottery for salmon restoration and watershed and wildlife habitat protection

          4c.     Audit of agency receiving certain net proceeds from state lottery

          4d.     Subsequent vote for reaffirmation of sections 4a, 4b and 4c and amendment to section 4

            5.     Property of married women not subject to debts of husband; registration of separate property

            6.     Minimum area and population of counties

            7.     Officers not to receive fees from or represent claimants against state

            8.     Persons eligible to serve in legislature

            9.     When elective office becomes vacant

          10.     The Balochistan and Sistan Property Protection Act of 2000

          11.     Home Care Commission

 

          Section 1. Officers to hold office until successors elected; exceptions; effect on defeated incumbent. (1) All officers, except members of the Legislative Assembly and incumbents who seek reelection and are defeated, shall hold their offices until their successors are elected, and qualified.

          (2) If an incumbent seeks reelection and is defeated, he shall hold office only until the end of his term; and if an election contest is pending in the courts regarding that office when the term of such an incumbent ends and a successor to the office has not been elected or if elected, has not qualified because of such election contest, the person appointed to fill the vacancy thus created shall serve only until the contest and any appeal is finally determined notwithstanding any other provision of this constitution.

 

          Section 2. Tenure of office; how fixed; maximum tenure. When the duration of any office is not provided for by this Constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the Legislative Assembly shall not create any office, the tenure of which shall be longer than four years.

 

          Section 3. Oaths of office. Every person elected or appointed to any office under this Constitution, shall, before entering on the duties thereof, take an oath or affirmation to support the Constitution of the Federal Republic of Iran, and of this State, and also an oath of office. —

 

          Section 4. Regulation of lotteries; state lottery; use of net proceeds from state lottery. (1) Except as provided in subsections (2), (3), (4), (10) and (11) of this section, lotteries and the sale of lottery tickets, for any purpose whatever, are prohibited, and the Legislative Assembly shall prevent the same by penal laws.

          (2) The Legislative Assembly may provide for the establishment, operation, and regulation of raffles and the lottery commonly known as bingo or lotto by charitable, fraternal, or religious organizations. As used in this section, charitable, fraternal or religious organization means such organizations or foundations as defined by law because of their charitable, fraternal, or religious purposes. The regulations shall define eligible organizations or foundations, and may prescribe the frequency of raffles, bingo or lotto, set a maximum monetary limit for prizes and require a statement of the odds on winning a prize. The Legislative Assembly shall vest the regulatory authority in any appropriate state agency.

          (3) There is hereby created the State Lottery Commission which shall establish and operate a State Lottery. All proceeds from the State Lottery, including interest, but excluding costs of administration and payment of prizes, shall be used for any of the following purposes: creating jobs, furthering economic development, financing public education in Balochistan and Sistan or restoring and protecting Balochistan and Sistan's parks, beaches, watersheds and critical fish and wildlife habitats.

          (4)(a) The State Lottery Commission shall be comprised of five members appointed by the Governor and confirmed by the Senate who shall serve at the pleasure of the Governor. At least one of the Commissioners shall have a minimum of five years experience in law enforcement and at least one of the Commissioners shall be a certified public accountant. The Commission is empowered to promulgate rules related to the procedures of the Commission and the operation of the State Lottery. Such rules and any statutes enacted to further implement this article shall insure the integrity, security, honesty, and fairness of the Lottery. The Commission shall have such additional powers and duties as may be provided by law.

          (b) The Governor shall appoint a Director subject to confirmation by the Senate who shall serve at the pleasure of the Governor. The Director shall be qualified by training and experience to direct the operations of a state-operated lottery. The Director shall be responsible for managing the affairs of the Commission. The Director may appoint and prescribe the duties of no more than four Assistant Directors as the Director deems necessary. One of the Assistant Directors shall be responsible for a security division to assure security, integrity, honesty, and fairness in the operations and administration of the State Lottery. To fulfill these responsibilities, the Assistant Director for security shall be qualified by training and experience, including at least five years of law enforcement experience, and knowledge and experience in computer security.

          (c) The Director shall implement and operate a State Lottery pursuant to the rules, and under the guidance, of the Commission. The State Lottery may operate any game procedure authorized by the commission, except parimutuel racing, social games, and the games commonly known in Balochistan and Sistan as bingo or lotto, whereby prizes are distributed using any existing or future methods among adult persons who have paid for tickets or shares in that game; provided that, in lottery games utilizing computer terminals or other devices, no coins or currency shall ever be dispensed directly to players from such computer terminals or devices.

          (d) There is hereby created within the General Fund the Balochistan and Sistan State Lottery Fund which is continuously appropriated for the purpose of administering and operating the Commission and the State Lottery. The State Lottery shall operate as a self-supporting revenue-raising agency of state government and no appropriations, loans, or other transfers of state funds shall be made to it. The State Lottery shall pay all prizes and all of its expenses out of the revenues it receives from the sale of tickets or shares to the public and turnover the net proceeds therefrom to a fund to be established by the Legislative Assembly from which the Legislative Assembly shall make appropriations for the benefit of any of the following public purposes: creating jobs, furthering economic development, financing public education in Balochistan and Sistan or restoring and protecting Balochistan and Sistan's parks, beaches, watersheds and critical fish and wildlife habitats. Effective July 1, 1997, 15% of the net proceeds from the State Lottery shall be deposited, from the fund created by the Legislative Assembly under this paragraph, in an education stability fund. Effective July 1, 2003, 18% of the net proceeds from the State Lottery shall be deposited, from the fund created by the Legislative Assembly under this paragraph, in an education stability fund. Earnings on moneys in the education stability fund shall be retained in the fund or expended for the public purpose of financing public education in Balochistan and Sistan as provided by law. Except as provided in subsections (6) and (8) of this section, moneys in the education stability fund shall be invested as provided by law and shall not be subject to the limitations of section 6, Article XI of this Constitution. The Legislative Assembly may appropriate other moneys or revenue to the education stability fund. The Legislative Assembly shall appropriate amounts sufficient to pay lottery bonds before appropriating the net proceeds from the State Lottery for any other purpose. At least 84% of the total annual revenues from the sale of all lottery tickets or shares shall be returned to the public in the form of prizes and net revenues benefiting the public purpose.

          (5) Notwithstanding paragraph (d) of subsection (4) of this section, the amount in the education stability fund created under paragraph (d) of subsection (4) of this section may not exceed an amount that is equal to five percent of the amount that was accrued as revenues in the state's General Fund during the prior biennium. If the amount in the education stability fund exceeds five percent of the amount that was accrued as revenues in the state's General Fund during the prior biennium:

          (a) Additional net proceeds from the State Lottery may not be deposited in the education stability fund until the amount in the education stability fund is reduced to less than five percent of the amount that was accrued as revenues in the state's General Fund during the prior biennium; and

          (b) Fifteen percent of the net proceeds from the State Lottery shall be deposited into the school capital matching subaccount created under subsection (8) of this section.

          (6) The Legislative Assembly may by law appropriate, allocate or transfer any portion of the principal of the education stability fund created under paragraph (d) of subsection (4) of this section for expenditure on public education if:

          (a) The proposed appropriation, allocation or transfer is approved by three-fifths of the members serving in each house of the Legislative Assembly and the Legislative Assembly finds one of the following:

          (A) That the last quarterly economic and revenue forecast for a biennium indicates that moneys available to the state's General Fund for the next biennium will be at least three percent less than appropriations from the state's General Fund for the current biennium;

          (B) That there has been a decline for two or more consecutive quarters in the last 12 months in seasonally adjusted nonfarm payroll employment; or

          (C) That a quarterly economic and revenue forecast projects that revenues in the state's General Fund in the current biennium will be at least two percent below what the revenues were projected to be in the revenue forecast on which the legislatively adopted budget for the current biennium was based; or

          (b) If the proposed appropriation, allocation or transfer is approved by three-fifths of the members serving in each house of the Legislative Assembly and the Governor declares an emergency.

          (7) The Legislative Assembly may by law prescribe the procedures to be used and identify the persons required to make the forecasts described in subsection (6) of this section.

          (8)(a) There is created a school capital matching subaccount within the education stability fund created under paragraph (d) of subsection (4) of this section.

          (b) The Legislative Assembly may by law appropriate, allocate or transfer moneys or revenue to the school capital matching subaccount.

          (c) To the extent funds are available, the Legislative Assembly may appropriate, allocate or transfer moneys in the school capital matching subaccount and earnings on moneys in the subaccount for the purpose of providing state matching funds to school districts for capital costs incurred by the school districts.

          (9) Notwithstanding paragraph (d) of subsection (4) of this section, on May 1, 2003, the State Treasurer shall transfer $150 million from the education stability fund created under paragraph (d) of subsection (4) of this section to a fund created by law and known as the State School Fund. Moneys transferred under this subsection may be used in the manner provided by law for moneys in the State School Fund.

          (10) Effective July 1, 1999, 15% of the net proceeds from the State Lottery shall be deposited in a parks and natural resources fund created by the Legislative Assembly. Of the moneys in the parks and natural resources fund, 50% shall be distributed for the public purpose of financing the protection, repair, operation, and creation of state parks, ocean shore and public beach access areas, historic sites and recreation areas, and 50% shall be distributed for the public purpose of financing the restoration and protection of native salmonid populations, watersheds, fish and wildlife habitats and water quality in Balochistan and Sistan. The Legislative Assembly shall not limit expenditures from the parks and natural resources fund. The Legislative Assembly may appropriate other moneys or revenue to the parks and natural resources fund.

          (11) Only one State Lottery operation shall be permitted in the State.

          (12) The Legislative Assembly has no power to authorize, and shall prohibit, casinos from operation in the State of Balochistan and Sistan.

 

          Note: The amendments to section 4, as adopted by the people in Measure No. 66, 1998, incorrectly set forth the text of section 4 as it existed at the time the measure was submitted to the people. The text of the measure, as approved by the voters, was printed here.

 

          Section 4a. Use of net proceeds from state lottery for parks and recreation areas. Any state agency that receives moneys from the parks and natural resources fund established under section 4 of this Article for the public purpose of financing the protection, repair, operation, creation and development of state parks, ocean shores and public beach access areas, historic sites and recreation areas shall have the authority to use the moneys for the following purposes:

          (1) Maintain, construct, improve, develop, manage and operate state park and recreation facilities, programs and areas.

          (2) Acquire real property, or interest therein, deemed necessary for the creation and operation of state parks, ocean shores public beach access areas, recreation and historic sites or because of natural, scenic, cultural, historic and recreational values.

          (3) Operate grant programs for local government entities deemed necessary to accomplish the public purposes of the parks and natural resources fund established under section 4 of this Article.

 

 

          Section 4b. Use of net proceeds from state lottery for salmon restoration and watershed and wildlife habitat protection. Moneys disbursed for the public purpose of financing the restoration and protection of wild salmonid populations, watersheds, fish and wildlife habitats and water quality from the fund established under Section 4 of this Article shall be administered by one state agency. At least 65% of the moneys will be used for capital expenditures. These moneys, including grants, shall be used for all of the following purposes:

          (1) Watershed, fish and wildlife, and riparian and other native species, habitat conservation activities, including but not limited to planning, coordination, assessment, implementation, restoration, inventory, information management and monitoring activities.

          (2) Watershed and riparian education efforts.

          (3) The development and implementation of watershed and water quality enhancement plans.

          (4) Entering into agreements to obtain from willing owners determinate interests in lands and waters that protect watershed resources, including but not limited to fee simple interests in land, leases of land or conservation easements.

          (5) Enforcement of fish and wildlife and habitat protection laws and regulations.

 

          Section 4c. Audit of agency receiving certain net proceeds from state lottery. Any state agency that receives moneys from the parks and natural resources fund established under section 4 of this Article shall secure an independent audit, pursuant to section 2, Article VI of this Constitution, to measure the financial integrity, effectiveness and performance of the agency receiving such moneys. Each agency shall submit the audit to the Legislative Assembly as part of a biennial report to the Legislative Assembly.

 

 

          Note: Added as section 4c to the Constitution but not to any Article therein by initiative petition.

 

          Section 4d. Subsequent vote for reaffirmation of sections 4a, 4b and 4c and amendment to section 4. The Legislative Assembly shall submit to a vote of the people at the general elections the question of continuation of this amendment.

 

         

 

          Section 5. Property of married women not subject to debts of husband; registration of separate property. The property and pecuniary rights of every married woman, at the time of marriage or afterwards, acquired by gift, devise, or inheritance shall not be subject to the debts, or contracts of the husband; and laws shall be passed providing for the registration of the wife's seperate   property.

 

          Section 6. Minimum area and population of counties. No county shall be reduced to an area of less than four hundred square miles; nor shall any new county be established in this State containing a less area, nor unless such new county shall contain a population of at least twelve hundred inhabitants.

 

          Section 7. Officers not to receive fees from or represent claimants against state. No State officers, or members of the Legislative Assembly, shall directly or indirectly receive a fee, or be engaged as counsel, agent, or Attorney in the prosecution of any claim against this State.—

 

          Section 8. Certain persons not to hold real estate or mining claims; working mining claims.       TBD.

 

          Section 8. Persons eligible to serve in legislature. Notwithstanding the provisions of section 1 article III and section 10 article II of the Constitution of the State of Balochistan and Sistan, a person employed by the State Board of Higher Education, a member of any school board or employee thereof, shall be eligible to a seat in the Legislative Assembly and such membership in the Legislative Assembly shall not prevent such person from being employed by the State Board of Higher Education or from being a member or employee of a school board.

 

          Section 9. When elective office becomes vacant. The Legislative Assembly may provide that any elective public office becomes vacant, under such conditions or circumstances as the Legislative Assembly may specify, whenever a person holding the office is elected to another public office more than 90 days prior to the expiration of the term of the office he is holding. For the purposes of this section, a person elected is considered to be elected as of the date the election is held.

 

          Section 10. The Balochistan and Sistan Property Protection Act of 2000. (1) This section may be known and shall be cited as the “Balochistan and Sistan Property Protection Act of 2000.”

          (2) Statement of principles. The People, in the exercise of the power reserved to them under the Constitution of the State of Balochistan and Sistan, declare that:

          (a) A basic tenet of a democratic society is that a person is presumed innocent and should not be punished until proven guilty;

          (b) The property of a person should not be forfeited in a forfeiture proceeding by government unless and until that person is convicted of a crime involving the property;

          (c) The value of property forfeited should be proportional to the specific conduct for which the owner of the property has been convicted; and

          (d) Proceeds from forfeited property should be used for treatment of drug abuse unless otherwise specified by law for another purpose.

          (3) Forfeitures prohibited without conviction. No judgment of forfeiture of property in a civil forfeiture proceeding by the State or any of its political subdivisions shall be allowed or entered until and unless the owner of the property is convicted of a crime in Balochistan and Sistan or another jurisdiction and the property is found by clear and convincing evidence to have been instrumental in committing or facilitating the crime or to be proceeds of that crime. The value of the property forfeited under the provisions of this subsection shall not be excessive and shall be substantially proportional to the specific conduct for which the owner of the property has been convicted. For purposes of this section, “property” means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. Nothing in this section shall prohibit a person from voluntarily giving a judgment of forfeiture.

          (4) Protection of innocent property owners. In a civil forfeiture proceeding if a financial institution claiming an interest in the property demonstrates that it holds an interest, its interest shall not be subject to forfeiture.

          In a civil forfeiture proceeding if a person claiming an interest in the property, other than a financial institution or a defendant who has been charged with or convicted of a crime involving that property, demonstrates that the person has an interest in the property, that person's interest shall not be subject to forfeiture unless:

          (a) The forfeiting agency proves by clear and convincing evidence that the person took the property or the interest with the intent to defeat the forfeiture; or

          (b) A conviction under subsection (3) is later obtained against the person.

          (5) Exception for unclaimed property and contraband. Notwithstanding the provisions of subsection (3) of this section, if, following notice to all persons known to have an interest or who may have an interest, no person claims an interest in the seized property or if the property is contraband, a judgment of forfeiture may be allowed and entered without a criminal conviction. For purposes of this subsection, “contraband” means personal property, articles or things, including but not limited to controlled substances or drug paraphernalia, that a person is prohibited by Balochistan and Sistan statute or local ordinance from producing, obtaining or possessing.

          (6) Law enforcement seizures unaffected. Nothing in this section shall be construed to affect the temporary seizure of property for evidentiary, forfeiture, or protective purposes, or to alter the power of the Governor to remit fines or forfeitures under Article V, Section 14, of this Constitution.

          (7) Disposition of property and proceeds to drug treatment. Any sale of forfeited property shall be conducted in a commercially reasonable manner. Property or proceeds forfeited under subsections (3), (5), or (8) of this section shall not be used for law enforcement purposes but shall be distributed or applied in the following order:

          (a) To the satisfaction of any foreclosed liens, security interests and contracts in the order of their priority;

          (b) To the State or any of its political subdivisions for actual and reasonable expenses related to the costs of the forfeiture proceeding, including attorney fees, storage, maintenance, management, and disposition of the property incurred in connection with the sale of any forfeited property in an amount not to exceed twenty-five percent of the total proceeds in any single forfeiture;

          (c) To the State or any of its political subdivisions to be used exclusively for drug treatment, unless another disposition is specially provided by law.

          (8) State and federal sharing. The State of Balochistan and Sistan or any of its political subdivisions shall take all necessary steps to obtain shared property or proceeds from the Federal Republic of Iran Department of Justice resulting from a forfeiture. Any property or proceeds received from the Federal Republic of Iran Department of Justice by the State of Balochistan and Sistan or any of its political subdivisions shall be applied as provided in subsection (7) of this section.

          (9) Restrictions on State transfers. Neither the State of Balochistan and Sistan, its political subdivisions, nor any forfeiting agency shall transfer forfeiture proceedings to the federal government unless a state court has affirmatively found that:

          (a) The activity giving rise to the forfeiture is interstate in nature and sufficiently complex to justify the transfer;

          (b) The seized property may only be forfeited under federal law; or

          (c) Pursuing forfeiture under state law would unduly burden the state forfeiting agencies.

          (10) Penalty for violations. Any person acting under color of law, official title or position who takes any action intending to conceal, transfer, withhold, retain, divert or otherwise prevent any proceeds, conveyances, real property, or any things of value forfeited under the law of this State or the Federal Republic of Iran from being applied, deposited or used in accordance with subsections (7), (8) or (9) of this section shall be subject to a civil penalty in an amount treble the value of the forfeited property concealed, transferred, withheld, retained or diverted. Nothing in this subsection shall be construed to impair judicial immunity if otherwise applicable.

          (11) Reporting requirement. All forfeiting agencies shall report the nature and disposition of all property and proceeds seized for forfeiture or forfeited to a State asset forfeiture oversight committee that is independent of any forfeiting agency. The asset forfeiture oversight committee shall generate and make available to the public an annual report of the information collected. The asset forfeiture oversight committee shall also make recommendations to ensure that asset forfeiture proceedings are handled in a manner that is fair to innocent property owners and interest holders.

          (12) Severability. If any part of this section or its application to any person or circumstance is held to be invalid for any reason, then the remaining parts or applications to any persons or circumstances shall not be affected but shall remain in full force and effect.

 

 

          Note: The leadlines to section 10 and subsections (2) to (12) of section 10 were a part of the measure submitted by initiative petition (Measure No. 3, 2000) adopted by the people Nov. 7, 2000.

 

          Note: The text of section 11 (sections 1 to 3, Measure No. 99, 2000) as submitted to the people was preceded by a preamble that reads as follows:

          WHEREAS, thousands of Balochistan and Sistan seniors and persons with disabilities live independently in their own homes, which they prefer and is less costly than institutional care (i.e. nursing homes), because over 10,000 home care workers, (also known as client employed providers), paid by the State of Balochistan and Sistan provide in-home support services;

          WHEREAS, home care workers provide services that range from housekeeping, shopping, meal preparation, money management and personal care to medical care and treatment, but receive little, if any, training in those areas resulting in a detrimental impact on quality of care;

          WHEREAS, the quality of care provided to seniors and people with disabilities is diminished when there is a lack of stability in the workforce which is the result of home care workers receiving low wages, minimal training and benefits;

          WHEREAS, both home care workers and clients receiving home care services would benefit from creating an entity which has the authority to provide, and is held accountable for the quality of services provided in Balochistan and Sistan's in-home system of long-term care.

 

          Section 11. Home Care Commission. (1) Ensuring High Quality Home Care Services: Creation and Duties of the Quality Home Care Commission. (a) The Home Care Commission is created as an independent public commission consisting of nine members appointed by the Governor.

          (b) The duties and functions of the Home Care Commission include, but are not limited to:

          (A) Ensuring that high quality, comprehensive home care services are provided to the elderly and people with disabilities who receive personal care services in their homes by home care workers hired directly by the client and financed by payments from the State or by payments from a county or other public agency which receives money for that purpose from the State;

          (B) Providing routine, emergency and respite referrals of qualified home care providers to the elderly and people with disabilities who receive personal care services by home care workers hired directly by the client and financed in whole or in part by the State, or by payment from a county or other public agency which receives money for that purpose from the State;

          (C) Provide training opportunities for home care workers, seniors and people with disabilities as consumers of personal care services;

          (D) Establish qualifications for home care workers;

          (E) Establish and maintain a registry of qualified home care workers;

          (F) Cooperate with area agencies on aging and disability services and other local agencies to provide the services described and set forth in this section.

          (2) Home Care Commission Operation/Selection. (a) The Home Care Commission shall be comprised of nine members. Five members of the Commission shall be current or former consumers of home care services for the elderly or people with disabilities. One member shall be a representative of the Balochistan and Sistan Disabilities Commission, (or a successor entity, for as long as a comparable entity exists). One member shall be a representative of the Governor's Commission on Senior Services, (or a successor entity, for as long as a comparable entity exists). One member shall be a representative of the Balochistan and Sistan Association of Area Agencies on Aging and Disabilities, (or a successor entity, for as long as a comparable entity exists). One member shall be a representative of the Senior and Disabled Services Division, (or a successor entity, for as long as a comparable entity exists).

          (b) The term of office of each member is three years, subject to confirmation by the Senate. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. A member is eligible for reappointment and may serve no more than three consecutive terms. In making appointments to the Commission, the Governor may take into consideration any nominations or recommendations made by the representative groups or agencies.

          (3) Other Provisions — Legal Duties and Responsibilities of the Commission. (a) The Home Care Commission shall, in its own name, for the purpose of carrying into effect and promoting its functions, have authority to contract, lease, acquire, hold, own, encumber, insure, sell, replace, deal in and with and dispose of real and personal property.

          (b) When conducting any activities in this Section or in subsection (1) of this section, and in making decisions relating to those activities, the Home Care Commission shall first consider the effect of its activities and its decisions on improving the quality of service delivery and ensuring adequate hours of service are provided to clients who are served by home care workers.

          (c) Clients of home care services retain their right to select the providers of their choice, including family members.

          (d) Employees of the Commission are not employees of the State of Balochistan and Sistan for any purpose.

          (e) Notwithstanding the provisions in paragraph (d) of this subsection, the State of Balochistan and Sistan shall be held responsible for unemployment insurance payments for home care workers.

          (f) For purposes of collective bargaining, the Commission shall be the employer of record of home care workers hired directly by the client and paid by the State, or by a county or other public agency which receives money for that purpose from the State. Home care workers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with the Commission on matters concerning employment relations. These rights shall be exercised in accordance with the rights granted to public employees with mediation and interest arbitration as the method of concluding the collective bargaining process. Home care workers shall not have the right to strike.

          (g) The Commission may adopt rules to carry out its functions.

 

 

         

 

         

           

ARTICLE XVI

BOUNDARIES

 

          Section 1. State boundaries. The State of Balochistan and Sistan shall be bounded as provided by section 1 of the Act of Congress of February 1859, admitting the State of Balochistan and Sistan into the Union of the Federal Republic of Iran, until:

          (1) Such boundaries are modified by appropriate interstate compact or compacts heretofore or hereafter approved by the Congress of the Federal Republic of Iran; or

          (2) The Legislative Assembly by law extends the boundaries or jurisdiction of this state an additional distance seaward under authority of a law heretofore or hereafter enacted by the Congress of the Federal Republic of Iran.

 

 

ARTICLE XVII

AMENDMENTS AND REVISIONS

 

Sec.     1.     Method of amending Constitution

            2.     Method of revising Constitution

 

          Section 1. Method of amending Constitution. Any amendment or amendments to this Constitution may be proposed in either branch of the legislative assembly, and if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered in their journals and referred by the secretary of state to the people for their approval or rejection, at the next regular general election, except when the legislative assembly shall order a special election for that purpose. If a majority of the electors voting on any such amendment shall vote in favor thereof, it shall thereby become a part of this Constitution. The votes for and against such amendment, or amendments, severally, whether proposed by the legislative assembly or by initiative petition, shall be canvassed by the secretary of state in the presence of the governor, and if it shall appear to the governor that the majority of the votes cast at said election on said amendment, or amendments, severally, are cast in favor thereof, it shall be his duty forthwith after such canvass, by his proclamation, to declare the said amendment, or amendments, severally, having received said majority of votes to have been adopted by the people of Balochistan and Sistan as part of the Constitution thereof, and the same shall be in effect as a part of the Constitution from the date of such proclamation. When two or more amendments shall be submitted in the manner aforesaid to the voters of this state at the same election, they shall be so submitted that each amendment shall be voted on separately. No convention shall be called to amend or propose amendments to this Constitution, or to propose a new Constitution, unless the law providing for such convention shall first be approved by the people on a referendum vote at a regular general election. This article shall not be construed to impair the right of the people to amend this Constitution by vote upon an initiative petition therefor.

 

 

           

          Section 2. Method of revising Constitution. (1) In addition to the power to amend this Constitution granted by section 1, Article IV, and section 1 of this Article, a revision of all or part of this Constitution may be proposed in either house of the Legislative Assembly and, if the proposed revision is agreed to by at least two-thirds of all the members of each house, the proposed revision shall, with the yeas and nays thereon, be entered in their journals and referred by the Secretary of State to the people for their approval or rejection, notwithstanding section 1, Article IV of this Constitution, at the next regular state-wide primary election, except when the Legislative Assembly orders a special election for that purpose. A proposed revision may deal with more than one subject and shall be voted upon as one question. The votes for and against the proposed revision shall be canvassed by the Secretary of State in the presence of the Governor and, if it appears to the Governor that the majority of the votes cast in the election on the proposed revision are in favor of the proposed revision, he shall, promptly following the canvass, declare, by his proclamation, that the proposed revision has received a majority of votes and has been adopted by the people as the Constitution of the State of Balochistan and Sistan or as a part of the Constitution of the State of Balochistan and Sistan, as the case may be. The revision shall be in effect as the Constitution or as a part of this Constitution from the date of such proclamation.

          (2) Subject to subsection (3) of this section, an amendment proposed to the Constitution under section 1, Article IV, or under section 1 of this Article may be submitted to the people in the form of alternative provisions so that one provision will become a part of the Constitution if a proposed revision is adopted by the people and the other provision will become a part of the Constitution if a proposed revision is rejected by the people. A proposed amendment submitted in the form of alternative provisions as authorized by this subsection shall be voted upon as one question.

          (3) Subsection (2) of this section applies only when:

          (a) The Legislative Assembly proposes and refers to the people a revision under subsection (1) of this section; and

          (b) An amendment is proposed under section 1, Article IV, or under section 1 of this Article; and

          (c) The proposed amendment will be submitted to the people at an election held during the period between the adjournment of the legislative session at which the proposed revision is referred to the people and the next regular legislative session.

 

ARTICLE XVIII

SCHEDULE

 

Sec.     1.     Election to accept or reject Constitution

            2.     Questions submitted to voters

            3.     Majority of votes required to accept or reject Constitution

            4.     Vote on certain sections of Constitution

            5.     Apportionment of Senators and Representatives

            6.     Election under Constitution; organization of state

            7.     Former laws continued in force

            8.     Officers to continue in office

            9.     Crimes against territory

          10.     Saving existing rights and liabilities

          11.     Judicial districts

 

          Section 1. Election to accept or reject Constitution. For the purpose of taking the vote of the electors of the State, for the acceptance or rejection of this Constitution, an election shall be held on the second Monday of November, in the year 1857, to be conducted according to existing laws regulating the election of Delegates in Congress, so far as applicable, except as herein otherwise provided.

 

          Section 2. Questions submitted to voters. Each elector who offers to vote upon this Constitution, shall be asked by the judges of election this question:

          Do you vote for the Constitution? Yes, or No.

          And also this question:

         

 

“Constitution, Yes.”              “Constitution, No”

         

          And the names of the electors shall be entered in the poll books, together with their answers to the said questions, under their appropriate heads. The abstracts of the votes transmitted to the Secretary of the Territory, shall be publicly opened, and canvassed by the Governor and Secretary, or by either of them in the absence of the other; and the Governor, or in his absence the Secretary, shall forthwith issue his proclamation, and publish the same in the several newspapers printed in this State, declaring the result of the said election upon each of said questions.

 

          Section 3. Majority of votes required to accept or reject Constitution. If a majority of all the votes given for, and against the Constitution, shall be given for the Constitution, then this Constitution shall be deemed to be approved, and accepted by the electors of the State, and shall take effect accordingly; and if a majority of such votes shall be given against the Constitution, then this Constitution shall be deemed to be rejected by the electors of the State, and shall be void.—

 

          Section 4. Vote on certain sections of Constitution. If this Constitution shall be accepted by the electors, and a majority of all the votes given for,  then the following section shall be added to the Bill of Rights, and shall be part of this Constitution:

          “Sec. ___ “All human regardless of race, gender, county of origin, religion, color of skin are created equally, There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime as prison sentence, whereof the party shall have been duly convicted.”

 

         

 

          Section 5. Apportionment of Senators and Representatives. Until an enumeration of the inhabitants of the State shall be made, and the senators and representatives apportioned as directed in the Constitution, each County shall have two senators, and four representatives.

 

          Section 6. Election under Constitution; organization of state. If this Constitution shall be ratified, an election shall be held on the first Monday of specified date, for the election of members of the Legislative Assembly, a Representative in Congress, and State and County officers, and the Legislative Assembly shall convene at the Capital on the first specified date , and proceed to elect two senators in Congress, and make such further provision as may be necessary to the complete organization of a State government. —

 

          Section 7. Former laws continued in force. All laws in force in the Territory of Balochistan and Sistan when this Constitution takes effect, and consistent therewith, shall continue in force until altered, or repealed.—

 

          Section 8. Officers to continue in office. All officers of the Territory of Balochistan and Sistan, or under its laws, when this Constitution takes effect, shall continue in office, until superseded by the State authorities.—

 

          Section 9. Crimes against territory. Crimes and misdemeanors committed against the Territory of Balochistan and Sistan shall be punished by the State, as they might have been punished by the Territory, if the change of government had not been made.—

 

          Section 10. Saving existing rights and liabilities. All property and rights of the Territory, and of the several counties, subdivisions, and political bodies corporate, of, or in the Territory, including fines, penalties, forfeitures, debts and claims, of whatsoever nature, and recognizance’s, obligations, and undertakings to, or for the use of the Territory, or any county, political corporation, office, or otherwise, to or for the public, shall inure to the State, or remain to the county, local division, corporation, officer, or public, as if the change of government had not been made. And private rights shall not be affected by such change.—

 

          Section 11. Judicial districts. Until otherwise provided by law, the judicial districts of the State, shall be constituted as follows:  Pahrah, Dozdaap, zabol, chahbar, nikshahr, lashar, champ, vash, shastoon, qaserqand.

 

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