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Show Thursday, October 9, 1980 Uintah Basin Standard Amendments Proposed State Constitutional hit this article, unless at the time of election he shall be that Person is a 1 voter and shall have been a resident citizen of the State of Territory 1 for five years next preceding Me election. The state Auditor and State Treasurer shall be ineligible to election as their own STATE OF UTAH qualified elector; 1. County of Salt Lake) r I, DAVID S. MONSON, Lieutenant GoveraorSecretary of State of the State of Utah, in accordance with Section U.C.A., 1153, as amended, do. hereby cause to be published the existing and amended language of Articles VII and XIII, Section 3 of Article XVI, and Section ot Article VI, and also the language of the proposed Initiative Petitions, Elimination of State Sales Tas on Food and Tax Limitation Act. 8, Sec. 4. The Governor shall be Commander-In-Chie- f of the military forces of the State, except when they shall be In to the service of the United States. Re The Governor shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. . caii The Governor shall have power to grant respites or reprieves in ril casro of convictions for offenses against the State, except treason of eviction on Impeachment; but such respites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such sroumi, a state shall be vested in the Governor, The Governor shall see that the laws are faithfully executed transact all executive business with the officers of the government, NOTE: In reviewing the text of the propositions the following rules apply: Underlined words and numbers represent new civil and military, and may require Information in writing from the (1) of the Executive Department, and from the officers and managers language added to the constitution or current language officers of State Institutions upon any subject relating to the condition, moved from another section in the constitution. management, and expenses of their respective offices and institutions, and at any time when the Legislative Asaombly Legislature is not in session, Example: Sec. 5. The executive power of the State shin be vested in Uie Governor, may, if he deem it deemed necessary, appoint a committee to investigate who shall see that the laws are and report to him the Governor upon the condition of any executive office or State Institution. He- The Governor shall communicate by message the faithfully executed ... condition of the State to the Legislature at every regular sesson, and h Bracketed and words or numbers recommend such measures as he may deem be deemed expedient. (2) represent current language being deleted from the Sec. constitution or currentlanguage which is being moved to another section in the constitution. Leglslat which the Legislature is to be convened, and it shall transact no legislative Example: Sec. --M- LL The Governor, business except that for which it was especially convened, or such other, legislative business as the Governor may call to its attention while in Governor. State Auditor, State session. The Legislature, however, may provide for the expenses of the Treasurer, Attorney General and session and other matters incidental thereto. The Governor may also by reclamation convene the Senate in extraordinary.' session for the such other State and District officers ansactlon of executive business. as may-b- a provided for by law . . . INSTRUCTIONS Sec. 5. The executive power of the FOR READING THE TEXT OF THE PROPOSITIONS -- . e lined-throug- This will appear on the ballot summarized as follows: PROPOSITION NO. 1 i. EXECUTIVE ARTICLE REVISION AGAINSTD 1878 GENERAL SESSION A JOINT RESOLUTION PROPOSING TO AMEND ARTICLE VII OF THE OF THE STATE OF UTAH; RELATING EXECUTIVE DEPARTMENT; AMENDING PROVIDING FOR A LIEUTENANT GOVERNOR AND DELETING THE OFFICE OF SECRETARY OF STATE AS AN ELECTED CONSTITUTIONAL OFFICER AND PROVIDING FOR RESIDENCE OF OFFICERS OF EXECUTIVE DEPARTMENT AND LOCATION OF PUBLIC RECORDS; AMENDING SECTION 2, PROVIDING FOR ELECTION OF STATE OFFICERS BY VOTERS RATHER; THAN ELECTORS AND PROVIDING THAT THE CANDIDATES FOR GOVERNOR AND LIEUTENANT GOVERNOR FROM THE SAME POLITICAL PARTY BE EI.ECTED'iJOINTLY.ii.. AMENDING SECTION 3, - INSERTING UBUTBNANTa-iGOVERNOFOR SECRETARY 'OF STATE, PROVIDING FOR QUALIFICATIONS OF GOVERNOR, LIEUTENANT GOVERNOR, AND ATTORNEY GENERAL, AND REMOVING RESTRICTIONS AGAINST THE STATE AUDITOR OR STATE TREASURER BEING ELIGIBLE TO SUCCEED THEMSELVES; AMENDING SECTION 5, PROVIDING THAT THE EXECUTIVE POWER OF THE STATE SHALL BE VESTED IN THE GOVERNOR; AMENDING SECTION 8, REWORDING THE LANGUAGE USED TO ESTABLISH THE GOVERNOR'S VETO PROCEDURE AND INCREASING THE TIME ALLOWED THE GOVERNOR TO VETO BILLS AND PROVIDING FOR THE LEGISLATURE TO CALL ITSELF BACK IN SESSION AFTER ADJOURNMENT TO CONSIDER VETOED BILLS; AMENDING SECTION II, REWORDING THE LANGUAGE USED TO ESTABLISH SUCCESSION TO THE OFFICE OF GOVERNOR IN THE EVENT OF THE DEATH, IMPEACHMENT, RESIGNATION, REMOVAL, OR DISABILITY OF THE GOVERNOR AND ESTABLISHING PROCEDURES CONCERNING SUCH DISABILITY; AMENDING SECTION 13, DELETING THE BOARD OF STATE PRISON COMMISSIONERS AND CHANGING THE COMPOSITION OF THE BOARD OF EXAMINERS AND THE TYPES OF CLAIMS IT MAY CONSIDER; AMENDING SECTION 16, DELETING THE DUTIES OF THE SECRETARY OF STATE AND PROVIDING THE DUTIES OF THE LIEUTENANT GOVERNOR; AMENDING SECTION amenSBS CONSTITUTION - . mm TOE mmw OTTHe' State-Auditor e V Sec. 8. Every bill passed by the' Legislature, before it becomes a law, shall be nresented to the Governor; if he approve approved, the See. IB. Until otherwise provided by low, the Governor, Attorney Governor feel shall sign it, and thereupon it shall become a law; but if he disapproved, he the bill shall reture it with he be ' General and Superintendent of Public Instruction shall constitute a Board emors obiectlons to the house in which IF ef Reform School Commissioners. Said Board shall have such supervision connected with the State Reform School as may be provided originated; which house shall rater Uie objections at large upon its Journal ' of all matters J eed to reconsider the bill. If , afire sueh upon reconsideration of ulthebill again passes both houses by a yea and nayvote of . Sec. Hi 14. The Secretary of State shall keep a record of the official the members elected to each house it shall become a law. aets ef the Legislature and Executive Departments of tee State? andrwhen not If bill be the Governors objections. returned notwithstanding any within five days after it shall have been presented to him,' (Sunday and the requited, shall lay the same and all matters relative thereto before either day on which he received it excepted,) the name shall be a law in like branch of tho Legislature) and ahall perform such other duties as may be manner ae-t-f- he- - had signed it,- - unleae the Legislature by ita final provided by law. The Lieutenant Governor shall serve on all boards and commissions in lire of the Governor whenever so designated by the in which ease it shall be filed with his adjournment prevent in of ten offieo the within the Secretary ef State objections days after sueh Governor, shall perform such duties as may be delegated by the Governor, adjournment Sundays excepted) or become a law. If any bill presented to and shall perform Buch other duties as may be provided by law. the Governor contains several items of appropriations ef money,' he may Sec tfllS. The State Auditor shall be Auditor perform financial post object to one or more sueh items, while approving other portions of the bill,-iotherwise provided by this such ease he shall append to the bill at the timeof signing it, a statement audits of Public Accounts, except-a- s Constitution, land the State Treasurer shall be the custodian of public of the item or items which he declines to approve, together with hia reasons therefore, and sueh item or Items shall net take effect unless passed over moneys r; and each shall perform such other duties as may be the Governors objection as in this section provided. If anv bill is not provided by law. Sec. The Attorney General shall be the legal adviser of the State officers, except as otherwise provided by this Constitution, and shall perform such other duties as maybe provided by law.' f- -r two-thir- ds web-retur- n, -- COMPLETE TEXT OF REVISION OF EXECUTIVE ARTICLE SEfWNG Seei Hi Until otherwise provided by law, the Governor, state Treasurer shall constitute a Board of Insane Asylum and Cemmlsslonera. Said Board shall have oueh supervision of all matters conneetedwlth the State Insane Asylum as may be provided by law: -- Shall Article VII of the State Constitution be revised to provide that candidates (or governor and lieutenant governor of each party run for office together; to allow he governor te delegate executive ressibUifies to the lieutenant governor; to permit the legislature to act on bfils vetoed by the governor after adjournment; to place the auditor as a member of the Board of Examiners with the governor and attorney general; to allow the legislature to establish by law the duties of the Board of Examiners; to allow the state auditor and state treasurer to run for reelection to their respective offices; to establish a procedure to determine gubernatorial disability and succession to the office of governor; to allow the governor to retain executive authority when traveling outside the state; and to make other changes In the executive article. FORD . Sec. 7. In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he the Governor may think proper Provided, if it ibel is not beyond the time fixed for the convening of the next Legislature. - All other language is the current language in the constitution which is retained without change. shall continue or determine such respite or reprieve, or they may commute the punishment, or pardon the offense as herein provided. In case of conviction for treason, the Governor shall have the power to suspend execution of the sentence, until the case shall be either Legislature at its next regular session, when the Legislature shalland the or commute the sentence, or direct its execution; I he Sardon, shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, repreive, commutation or pardon granted since the last previous report, stating the nameitsof the date, convict, the crime for which hewasl convicted, the sentence and the date of remission, commutation, pardon or reprieve, with the reasons for granting the same, and-thobjections, if any, of any member of the Board made thereto. Sec. 13. Until otherwlne provided by law, tho Governor, secretary e State and Attorney General shall constitute a Beard ef State Prison Oommiastoners, which Beard ahoil have oueh supervision of all matters eomeeted with the State Prison as may be pm feed by law. They shall, Attorney General. Msor Until otherwise provided by law, the Go and State Auditor shall constitute a Board of Examiners, wl power to examine all such claims against the State as provided by law exeept salaries or compensation of officers fixedItellaw-- , and perform such other duties as may 5e prescribed provided by law; and no such claim against the State except ter salaries and compensation of officers flxedby4aw;l shall be passed upon by the Legislature without having been considered and acted upon by theleaM Board of Examiners. "P?1,, - (3) fine or forfeiture shall be remitted, and no In aThe granted, except after a full hearing before the Board, has previous notice of the time and place of such hearing reasons therefm each proceedings and decisions of the Board, with the who may disagree, snail oe case, together with the dissent of any member redured to writing, and filed with all papers used upon the hearing, in the office of i the Secretary of State 1 such officer as provided by law. mmoiTi? The Superintendent of Public Instruction shall perform such maybe provided by law. Sec. duties as I5e the item or items which are disai therefore, and such item or items shall not takeeffect unless passed over Uie Governor's objections as provided in this section. If the Governor disapproves any bQ die reconvening of- the members of each house are in favor of reconvening, the Legislature shall be convened in a session not to exceed five calendar days and at a time set jomly by the presiding officer of each1 of' reconsidering the Dill or ltemof Souse: two-thir- ds - . become law or the item of appropriation shall take effect. Sec. 9. When any State or district office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill thd same by granting a commission, which shall expire at the next election, and upon qualification of the person elected to such office. . ( 1 . Sec. 10. The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy eeeur occurs in any State or district office, the Governor shall appoint some qualified person to discharge the duties thereof until the next meeting of the Senate, when be the Governor shall nominate some person to fill such office. If the office of Secrctary-- ef 6tete Lieutenant Governor. State Auditor, State Treasurer or Attorney General be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, from the same political and the Vppotate.ri.kll hold hi. lire until -.y b. by towl auallfled, . l- AMENDING SECTION 20, INSERTING THE LIEUTENANT GOVERNOR FOR SECRETARY OF STATE AND MODIFYING tho' Governor,--o- r Sec. 11, of the dcath-hia imi PAYMENT PROVISIONS FOR COMPENSATION AND TRAVEL removal from office, to discharge Inability EXPENSES OF STATE OFFICERS; AMENDING SECTION 23, or absence from the State, the powers and duties of said off ire REMOVING CERTAIN RESTRICTIONS ON THE GOVERNOR TO resignation, shall devolve upon the Secretary of Stoto, until the disability shall eease, or RUN FOR UNITED STATES SENATE; AMENDING SECTIONS 10, until the next be filled by election.-If- , general election, when the vacancy shall 12, 21, AND 22, DELETING THE SECRETARY OF STATE; the office of Governor,- - the Secretary ef State durlng- DELETING SECTIONS 14, 15, AND 24; NUMBERING OR die or become ineapable of performing the duties of the of flee, or be RENUMBERING VARIOUS SECTIONS, MODERNIZING resign, or be absent from the the President pro tempore ef the displaced, CERTAIN MISCELLANEOUS LANGUAGE, AND REMOVING Senate shall act ns Governor untilState, the vaeoney or the disability MASCULINE REFERENCES; AND PROVIDING AN EFFECTIVE eoasoi Whlio performing-th- e dutieo of- - the Governor as In this section DATE. provided) the Secretary of State, or the President pro tempore of tho . . . .. . . , . .. , . . State of Utah,, twgfflirda of all Senate, as tho ease may be, exeept in eases ef temporary disability.- or absence from the State, shall be entitled to tho salary and emoluments of pipmbers elected to each of the two houses voting in favor thereof: the Governor. In case of Uie death of the Governor, impeachment. removal from office, or disability to discharge tne duties of Section 1. It is proposed to amend Article VII of the Constitution of the the office, or in case ofresignation, a Governor-elec- t who fails to take office, the powers : to State of Utah read and duties of the Governor shall devolve upon the Lieutenant Governor Sec. 1. The elective constitutional officers of the Executive Department until the disability ceases or until Uie next general election,diewhen the shall consist of Governor, r Secretary of State! Lieutenant Governor. State vacancy shall be rilled by elections, if. during a vacancy in office of Auditor, State Treasurer, and Attorney General, each of whom shall hold Governor, the Lleutenanf Governor Is or dies. becomes removed, reaigiM, bis office for four years, beginning on the first Monday of January next Incapable of performing the duties of the office, tee President of the Senate after bis election , exeept that the terms ef office ef those elected at the shall act as Governor until the vacancy is filled or disability ceases. If in first election shall begin when the State shall be admitted into the Union, this case the President of the Senate resigns, dies, is removed, or becomes and shall end on the first Monday In January; A.D. 1901 . The officers of the of performing the duties of theofflce. the Speaker of the House incapable Executive Department, during their terms of office, shall reside aHhe shall act as Governor until the vacancy is filled or disability ceases. While the duties of the Governor as provided in this section, the records, books and papers as provided by law. They shall perform such Eerforming tne resident of the Senate, or the Speaker of The duties as are prescribed by this Constitut and as may be prescribed as the case may be. shall be entitled to the salary and emoluments House, provided by law. of the Governor, except in cases of temporary disability. "sabilltv of the Governor or nrson acting as Governor shall be Sec. 2. The officers provided for in section one of this article shall be declaration transmitted to tne supreme iy either a writ elected by the qualified electors! voters of the State at the time and place Court the Governor statin an inability to discharge the powers and of voting for members of the Legislature, and the persons respectively duties the office or by a m orlty of the supreme Court on loint request having the highest number of votes cast for the office voted for shall be of the President of Senate and the 5 aker of The House of elected; but if two or more shall have an equal and the highest number of Representatives. Such determination shall final and conclusive. votes for any one of said offices, the two houses of the Legislature, at its Thereafter, when the Governor transmits to the Supreme Court a written next regular session, shall elect forthwith by joint ballot one of such declaration that no disability exists, the Governor shall resume the powers persons for said office. and duties of the office unless the Supreme Court, upon joint request of the President of the Senate and the Sneaker of the House of Representatives: or upon its own initiative. determiiuHi that the Governor la unablem discharge the powers and duties of the office. The Lieutenant Governor. shall then continue to discharge these powers and duties as acting Governor. The Supreme Court has exclusive jurisdiction to determine all , questions arising under this section. In-eas- e of -- bo-flllc- d ! ' Sec. 2frl lfi. The Governor, Secretary of State Lieutenant Governor. State Auditor. State Treasurer, Attorney General and such other State and district officers as may-b-o provided for by law, shall receive for their services monthly-- , a compensation as fixed by law. The compensation for said officers as provided in all laws enacted pursuant to this Constitution, shall be in full for all services rendered by said officers, respectively, in any official capacity or employment during,, their respective terms of office. No such officer shall receive, for the performance of any official duty any fee for f hteowa- personal use, but all ' lees fixed by law for the performance by either of them of any official duty shall be collected in advance and deposited with the State Treasurer monthly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while traveling in the State in the performance of official duty 1 duties. 19. All grants and commissions shall be in the name and by the oFThe State of Utah, sealed with the Great Seal of the State, authority signed by the Governor, and countersigned by the Secretary of State such officer as provided by law.l Sec. 211 Mj There shall be a seal of the State, which shall be kept by the f Stater and used by him officially - Said seal shall be called The Great Seal of the State of Utah." The present seal of the Territory of Utah shall bo tho seal of the State until otherwise provided by law. There shall be a seal of the State, which shall be called The Great Seal of the State of Utah. and shall be kept by such officer as provided by law. Sec. 221 Scerotary-o- Sec.Ml21. No person, while holding any office tinder the United States government, shall hold any office under Uie State government of Utah 7 and the Govornor shall not be eligible for election te the Senate ef Hie United States during the term-fo- r which he-sh-all have been elected- - uuTcimrj See Notwithstanding any general or- - special - provisions --ef --the tho legislature, in order to Insure continuity of state and local governmental operations In periods ef emergency resulting from disasters caused by enemy attach, shall have U10 power and the immediate duty provide for prompt and temporary succession te the powers and duties offleee, of whatever nature and whether filled by election or ef which may become unavailable foe appointment, carrying on the powers and duties of such offices, and (2)-to adopt-oue- h other measures as may be necessary and proper for insuring the continuity ef governmental operations including, but not limited to the financing thereof. la the exercise of Uie powers hereby conferred the 4giaiitre phall in all respecta conform to the requirements ef this Constitution except to the extent that in the Judgment of tho legislature so to do would impracticable of 84. Constitution, 1)-t- of-pw- - " " I ' . Section 2. The secretary of state is directed to submit this proposed amendment to the electors of the State of Utah at the next general election in the manner provided by law. Article VII, Constitution of Utah, shall take effect January 1, as follows: all candidates for the state offices provided in this amendment shall stand for election to these offices under tne provisions of this amendment during the election year of 1984. ' Section 3. 1981, except This will appear on the ballot summarized as follows: PROPOSITION NO. REVENUE AND TAXATION ARTICLE REVISION Shall Article XIII of the State Constitution be amended to allow the legislature to exempt primary residences and personal property from property tax; to allow the legislature to reimburse local governments for any reduction In revenue caused by exemptions of primary residences or personal property; to allow the legislature to establish a property tax on municipal property located outside of the municipality's own boundaries; to exempt property owned by nonprofit organisations used for religious, charitable, hospital, educational, employee representation or welfare purposes; to exempt livestock; to allow local governments to share tax and other revenues; to remove the 75 ceiling upon the amount the state may fund for the public school program; and other organizational changes In the revenue and taxation article. FORD AGAINSTD COMPLETE TEXT OF REVENUE AND TAXATION ARTICLE REVISION Sec. 12. Until otherwise provided by law, the Governor, Justices of the 1888 BUDGET SESSION Supreme Court and Attorney General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions, ! urith aurh HmltnUimn and rnntrirtlons us thtiy dorm prnprrl as may be A JOINT RESOLUTION OF THE BUDGET SESSION OF THE 43RD LEGISLATURE OF THE STATE OF UTAH PROPOSING TO established by the Legislature, may rwnjt fines end fnrfeihirro7c5mmiig AMEND ARTICLE XIII OF THE CONSTITUTION OF THE STATE , punishments, and grant pardons after convictions, in all cases except OF UTAH; RELATING treason and impeachments, subject to such regulations as may be TO REVENUE AND TAXATION: PROVIDING FOR EXEMPTION OF THE PROPERTY OF provided by law, relative to the manner of applying for pardons; but no - attained to the age of thirty years at the time oHMslelectloqJ-HMatTo be eligible for the office of Attorney General unless he a person shall, at the time of election, have attained the age of twenty-fiv- e years, the time ef hia election, and have been admitted to practice to feefea the Supreme Court of the Territory or of the State of Utah r nor unless he shall be and be in good standing at the bar at the time ef his election. No person shall be eligible to any of the offices provided for in section one of o jgt 2 nd |