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Show Proposed State Constitutional Amendments STATE OF UTAH this article, unless at the time of hw election (he-shabe that person is a qualified I eleetoe, voter and shall have been a resident citizen of the State I of -- Territory for five years next preceding (bio) election. iThe-sta- te Audtter and State Treasurer-ohoH-bineligible to eleetton-a- o their own Mteeessors; ) ll 1 ss. ) 1 County of Salt Lake) e I, DAVID S. MONSO.N, l ieutenant GovernorSecretary of State of the State of Utah, in accordance with Section U.C.A., 1953, 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 9 of Article VI, and also the language of the proposed Initiative Petitions, Elimination of State Sales Tax on Food and Tax Limitation Act. 4. The Governor shall be Commander-in-Chieof the military forces State, except when they shall be called in to the service of the United States, He The Governor shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. Sec. f of the Sec. 5. The executive power of th? state shall be vested In the Governor, who shall see that the laws are faithfully executed The Governor shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the I Legislative Assembly Legislature is not in session, may, if I he deem it deemed necessary, appoint a committee to investigate and report to I htm the Governor upon the condition of any executive office or State Institution. He The Governor shall communicate by message the condition of the State to the Legislature at every regular sesson, and recommend such measures as he may deem be deemed expedient. INSTRUCTIONS FOK READING THE TEXT OF THE PROPOSITIONS L-h-e). NOTE: In reviewing the text of the propositions the following rules apply: Underlined words and numbers represent new (1) language added to the constitution or current language moved from another section in the constitution. Example: Sec. 5. The executive power of the State shall be vested in the Governor, who shall see that the laws are faithfully executed . . 1 I 1 . words or numbers Bracketed and represent current language being deleted from the constitution or current language which is being moved to another section in the constitution. (2) 1 lined-throug- Sec. 6. On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business except that for which it was especially convened, or such other 18. The Governor, Example: Sec. 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 such other State and District officers proclamation convene the Senate in extraordinary session for the transaction of executive business. as may be provided for by law -- 1 . other language is the current language constitution which is retained without change. All (3) in . . 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 ho the Governor may think proper Provided, if it be is not beyond the time fixed for the convening of the next Legislature. the This will appear on the ballot summarized as follows: PROPOSITION NO. 1 Sec. 8. Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approve approved, the Governor ho shall sign it, and thereupon it shall become a law; but if (be approve disapproved, he the bill shall return it with his be Shall Article VII of the State Constitution be revised to provide that returned with the Governors to the house in which it candidates for governor and lieutenant governor of each party run for originated, which house shall enterobjections the objections at large upon its journal office together; to allow the governor to delegate executive responsibilities and sueh upon reconsiderationt-proceed to reconsider the bill. If to the lieutenant governor; to permit the legislature to act on bills vetoed ft the s bill again passes both houses by a yea and nay vote of of by the governor after adjournment; to place the auditor as a member of the members elected to each house, it shall become a law the Board of Examiners with the governor and attorney general; to allow the Governors objections. If any bill be not returned the legislature to establish by law the duties of the Board of Examiners; to notwithstanding Ho him, (Sunday and the allow the state auditor and state treasurer to run for reelection to their to a determine to establish gubernatorial procedure respective offices; 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. EXECUTIVE ARTICLE REVISION do-n- ot r fine or forfeiture shall be remitted, and no commutation or pardon alter granted, except after a full hearing before the Board, in open session, ine been has given, of such hearing and notice of the time previous place In eacn proceedings and decisions of the Board, with the reasons therefore shall be case, together with the dissent of any member who may disagree, reduced to writing, and filed with all papers used upon the hearing, In the office of the Secretary! State such officer as provided by law. The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the State, except treason or conviction on impeachment; but such respites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, 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 reported to the Legislature at its next regular session, when the Legislature shall either pardon, or commute the sentence, or direct its execution ; j ha and the Governor 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 name of the convict, the crime for which convicted, the sentence and its date, the date of remission, commutation, pardon or reprieve, with the reasons for granting the same, and the objections, if any, of any member of the Board made thereto. Sec. 13. Until otherwise provided by law, --the Governor, Secretary of 1 I be-wa- s I Commisaionera, which Board shall hove such supervision of all matters connected with the State Prison as may be provided by low. They shaH; dsor Until otherwise provided by law, the Governor, Attorney General, and State Auditor shall constitute a Board of Examiners, with power to examine all such claims against the State as provided by law exeept e, and perform such other duties as may be p rose r ibed p r ov i d ed by law ; a nd no such claim against shall be passed upon by the Legislature without having been considered and acted upon by the! said Board of Examiners. See. 14. Until otherwise provided by law, theGovernor, State Treasurer and State Auditor shall constitute a Board of Insane Asylum Commissioners. Said Board shall- have such supervision of all matters connected with the State Insane Asylum os may be provided by law: lSee. 15. Until otherwise provided by low, the Governor, Attorney General and Superintendent ofHublie Instruction sholl constitute a Board of Reform Sehool Commissioners. Said Board shall have such supervision of eonneeted with the State Reform School as may be provided all-matter- s bylaw; two-third- AGAINSTD FOR: efthettemor items which he declines to approve, together with his reasons uiutiviv, cxiivi ouvli IIUIU vi uviiij tjitcjii uvi lunc vuvvi uiiicos uuoov,u UVCr the Governors objection ns in this section provided. If any bill is not COMPLETE TEXT OF REVISION OF EXECUTIVE ARTICLE returned by the Governor within ten days after it has been presented to the Governor, Sunday and the day it was received excepted, it shall become a law without a signature; but if legislative adjournment prevents return of JOINT RESOLUTION PROPOSING TO AMEND ARTICLE VII OF THE the bill, it shall become a law unlesslhe Governor within twenty days after CONSTITUTION OF THE STATE OF UTAH; RELATING TO THE adjournment files the objections thereto with such officers as provided by EXECUTIVE DEPARTMENT; AMENDING SECTION 1, law. The Governor may lisapprove any item of appropriation contained in PROVIDING FOR A LIEUTENANT GOVERNOR AND DELETING any bill while approving j other portions of the bill; and in su THE OFFICE OF SECRETARY OF STATE AS AN ELECTED Governor shall append to the bill at the time of signing it a statement for CONSTITUTIONAL OFFICER AND PROVIDING FOR the items or items which are disapproved together with the reasons RESIDENCE OF OFFICERS OF EXECUTIVE DEPARTMENT therefore, and such item or items shall not take effect unless passed over AND LOCATION OF PUBLIC RECORDS; AMENDING SECTION 2, the Governors objections as provided in this section. If the Governor PROVIDING FOR ELECTION OF STATE OFFICERS BY VOTERS after the adjournment sine RATHER THAN ELECTORS AND PROVIDING THAT THE CANDIDATES FOR GOVERNOR AND LIEUTENANT s of the members of each house are in favor of GOVERNOR FROM THE SAME POLITICAL PARTY BE Legislature. If ELECTED JOINTLY; AMENDING SECTION 3, INSERTING reconvening, the Legislature shall be convened in a session not to exceed LIEUTENANT GOVERNOR FOR SECRETARY OF STATE, five calendar days and at a time set jointly by the presiding officer of each PROVIDING FOR QUALIFICATIONS OF GOVERNOR, house, solely for the purpose of reconsidering the bill or item of LIEUTENANT GOVERNOR, AND ATTORNEY GENERAL, AND appropriation disapproved. If upon reconsideration, the bill or item of REMOVING RESTRICTIONS AGAINST THE STATE AUDITOR appropriation again passes both houses of the Legislature by a yea and nay s of the members elected to each house, the bill shall OR STATE TREASURER BEING ELIGIBLE TO SUCCEED vote of THEMSELVES; AMENDING SECTION 5, PROVIDING THAT THE become law or the item of appropriation shall take effect. EXECUTIVE POWER OF THE STATE SHALL BE VESTED IN THE GOVERNOR; AMENDING SECTION 8, REWORDING THE Sec. 9. When any State or district office shall become vacant, and no LANGUAGE USED TO ESTABLISH THE GOVERNOR S VETO mode is by the Constitution and laws for filling such vacancy, the PROCEDURE AND INCREASING THE TIME ALLOWED THE Governorprovided shall have the power to fill the same by granting a commission, GOVERNOR TO VETO BILLS AND PROVIDING FOR THE which shall expire at the next election, and upon qualification of the person LEGISLATURE TO CALL ITSELF BACK IN SESSION AFTER elected to such office. 1979 GENERAL SESSION A i two-third- two-third- ADJOURNMENT TO CONSIDER VETOED BILLS; AMENDING SECTION 11, 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 AMENDING SECTION 17, PROVIDING FOR GOVERNOR; DUTIES OF THE STATE AUDITOR; AMENDING SECTION 18, MODIFYING THE DUTIES OF THE ATTORNEY GENERAL; AMENDING SECTION 20, INSERTING THE LIEUTENANT GOVERNOR FOR SECRETARY OF STATE AND MODIFYING PAYMENT PROVISIONS FOR COMPENSATION AND TRAVEL EXPENSES OF STATE OFFICERS; AMENDING SECTION 23, REMOVING CERTAIN RESTRICTIONS ON THE GOVERNOR TO RUN FOR UNITED STATES SENATE; AMENDING SECTIONS 10, OF STATE; 12, 21, AND 22, DELETING THE SECRETARY DELETING SECTIONS 14, 15, AND 24; NUMBERING OR RENUMBERING VARIOUS 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 oeeur 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 he the Governor shall nominate some person to fill such office. If the office of Secretory of State 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 party of the removed person ; and the appointee shalThold his office until law his a successor shall be elected and qualified, as provided bylaw. Sec. Be it resol ved by the Legi s ature of the State of Utah, members elected to each of the two houses voting in favor thereof may-be-h- provided,- - he Seeretary-- of State, or Senate, os the ease- may- be, exeept of all two-third- s : Section 1. It is proposed to amend Article VII of the Constitution of the State of Utah to read: Sec. 1. The elective constitutional officers of the Executive Department shall consist of Governor, Secretary el State) Lieutenant Governor, State Auditor, State Treasurer, and Attorney General, each of whom shall hold hisl office for four years, beginning on the first Monday of January next after hts election I exee-p- that the terms-e- f offiee ef t at the ftfsf election shall begin whea the State shall ted mto the Unron, The officers of the and shall end on the first Mondaytn JantiarypA Executive Department, during their terms of office, shall reside eLthe seet-ewithin the State and shall keep the public governmentrwhere-therecords, books and papers as provided by law. They shall perform such ibed duties as are prescribed by this Constitution and as may provided by law. hose-electe- t be-ad- D-B- XH . f 1 be-pres- ef Sec. 2. The officers provided for in section one of this article shall be elected by the qualified eleetoes voters of the State at the time and place of voting for members of the Legislature, and the persons respectively having the highest number of votes cast for the office voted for shall be elected; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature, at its next regular session, shall elect forthwith by joint ballot one of such persons for said office. 1 In the election, thenames of the candidates for Governor and Lieutenant GovernorTor each political party shall appear together on the ballot, and the votes cast for a candidate for Governor shall be considered as also cast for the candidate for Lieutenant Governor. No person oheM Tq be eligible tel for the office of Governor or Secretary-e- f State Lieutenant Governor lunlesshe a person shall have attained 4ol the age oflhTrfy years at the time of hts election taof4o To be eligible for the office of Attorney General I unless he a person shall, at the time of election, have attained the age of twenty-fivyears, be I el the time of his elect ion, and have been admitted to practice! ini before the Supreme Court of the Territory or of the State of Utah , nor unless-h- e shall be and be in good standing at the bar I at tbetime of bis election. No person shall be eligible to any of the offices provided for in section one of Sec. 3. I I e I Sec. HI 17. The Superintendent of Public Instruction shall perform such duties as maybe provided by law. Sec. 20l 18. The Governor, Seeretary-o- f Stote Lieutenant Governor. State Auditor. State Treasurer, Attorney General and such other State and district officers as moy be 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 t his own personal use, but all fees 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 duties. 1 Sec. lit 19. All grants and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Seeretary-o- f State I such officer as provided by law. Sec. 22 20.Therc shall be a seal of . the Staterwhieh sholl be kept by the 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.1 23J21. No person, while holding any office under the United States government, shall hold any office under the State government of Utah 7 1 All AM W A 1 uuTviTluU I I . y pro tempore of the - Governor, mpeachment removal from office, resignation, or disability to discharge trie duties of the office, or in case of a Governor-elec- t who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the disability ceases or unliT the next general election, when the vacancy shall be f iTTed byTTectlon s If. during a vacancy in the office of Governor, the Lieutenant Governor resigns, dies, is removed, or becomes incapable of performing the duties of the office, the President of the Senate shall act as Governor uhtHIhe vacancy is filled or disability ceases. Ifm this case the Presidenlof the Senate resigns, dies, is removed, or becomes incapable of performing the duties of the office, the Speaker of the House shall act as Governor untilTOe vacancy is filled or disability ceases. While performing the duties of the Governor as provided in this section, the Lieutenant Governor, The President of the Senate, or The Speaker of the flouse.asthe case maybe, shall be entitled to the salary ana emoluments of theGovernor, except in cases of temporary disability. The disability of the Governor or person acting as Governor shall be determined by either a written declaration transmitted to the Supreme Court bv the Governor stating an inability to discharge the powers and dulIesj)T the office drlya majority of the Supreme ITourt on joint request of the Trcsident of the Senate and the Speaker of the House of Representatives. Such 'determination shall be TTnal and conclusive? Thereafter, whetTthe Governor transmltsTo the Supreme Court a written declaration that no disability exists, the Governor shall resume the powers anti duties of the office unless the Supreme Court, upon joint request oTIhe President of the Senate and the Speaker of the House of Representatives" or upon its own initiative, deter m i nes that the Governor is unable to dlscnargelhe powers and duties of the office. The Lieutenant Governor shall then continutTTo discharge these powers and duties as acting Governor. The Supreme Court has exclusive jurisdiction to determine all questions arfslng underThTs section Sec. 12. Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions rind proper as may be established by the Legislature, may remit fines and forfeituresTcommule punishments, and granT pardons after convictions, in all cases except treason and impeachments, subject to such regulations as may be provided by law, relative to the manner of applying for pardons; but no I 1 I Sec. t HlUfi. 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. 10. - , Sec. 17 15. The State Auditor shall perform financial post audits of Public Accounts, except as otherwise provided by this Constitution, and the State Treasurer shall be the custodian of public moneys -- ; and each shall perform such other duties as may be provided bylaw. MODERNIZING SECTIONS, CERTAIN MISCELLANEOUS LANGUAGE, AND REMOVING MASCULINE REFERENCES; AND PROVIDING AN EFFECTIVE DATE. 1 Sec. (Hi 14. The Secretary of State shall keep a record of the official acts of the Legislature and Executive Departments of the Statehood, when relative thereto before either requircdrshall lay the 6ame and branch of the Legislature, and shall perform sueh other duties as may be provided by law. The Lieutenant Governor shall serve on all boards and commissions in lieu of the Governor whenever so designated by the Governor, shall perform such duties as may be delegated by the Governor, and shall perform such other duties as may be provided by law! : impFaetieableof wotrid admitof 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. undue-delay- Section 3. Article VII, Constitution of Utah, shall take effect January 1, except as follows: all candidates for the state offices provided in this amendment shall stand for election to these offices under the provisions of this amendment during the election year of 1984. 1981, This will appear on the ballot summarized as follows: PROPOSITION NO. 2 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 municipalitys own boundaries; to exempt property owned by nonprofit organizations 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. AGAINSTO FORD COMPLETE TEXT OF REVENUE AND TAXATION ARTICLE REVISION 1980 BUDGET SESSION A JOINT RESOLUTION OF THE BUDGET SESSION OF THE 43RD LEGISLATURE OF THE STATE OF UTAH PROPOSING TO AMEND ARTICLE XIII OF THE CONSTITUTION OF THE STATE OF UTAH; RELATING TO REVENUE AND TAXATION PROVIDING FOR EXEMPTION OF THE PROPERTY OF Utah - |