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Show West Valley City, UT. Proposed State Constitutional Amendments STATE OF UTAH ) this article, unless at the time of his election that person is a voter and shall have been a resident citizen of the State for five years next preceding his election. The state 1 ss. County of Salt Lake) I, DAVID S. MOXSON, Lieutenant 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. 8, INSTRUCTIONS FOR READING THE TEXT OF TIIE PROPOSITIONS successors. Sec. 4. The Governor shall be Commander-in-Chie- f of the military forces of the 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. 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 . . . 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) lined-throug- Example: Sec. h -2- 0-1 18. The Governor, Lieutenant Governor. State Auditor, State Treasurer, Attorney General and such other State and District officers as majube provided for by law . . . All other language is the current language in the constitution which is retained without change. (3) This will appear on the ballot summarized as follows : PROPOSITION NO. 1 4V. Wit Vallmy Vlw 1980 Thurs., Oct. 16, fine or forfeiture shall be remitted, and no commutation or pardon granted, except after a full hearing before the Board, in open session, after previous notice of the time and place of such hearing has been given. The proceedings and decisions of the Board, with the reasons therefore in each case, together with the dissent oi any member who may disagree, shall be reduced to writing, and filed with all papers used upon the hearing, in the office of the Secretary of State such officer as provided by law. 1 Sec. 5. The executive power of the State shall be vested in the Governor, who shall see that the laws are faithfully executed h-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 Legislative Assembly Legislature is not in session, may, if he deem-i-t deemed necessary, appoint a committee to investigate and report to him 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 be may deem be deemed expedient. 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 and the pardon, or commute the sentence, or direct its execution; 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 he was 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 Sec. 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 legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the Senate in extraordinary session for the transaction of executive business. also, 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 and perform such other salaries or compensation of offieers-fixe-d duties as may beprescribed provided by law; and no such claim against he. 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 tm 1 6. On 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 he is not beyond the time fixed for the convening of the next Legislature. 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 I be! shall sign it, and thereupon it shall become a law; but if he do not approve disapproved, be the bill shall return 4t with his be Shall Article VII of the State Constitution be revised to provide that returned with the Governors objections to the house in which it candidates for governor and lieutenant governor of each party run for originated, which house shall enter the objections at large upon its journal office together: to allow the governor to delegate executive responsibilities and to reconsider the bill. If such upon reconsideration T proceed to the lieutenant governor; to permit the legislature to act on bills vetoed 44 the bill both houses by a yea and nay vote of of passes again by the governor after adjournment; to place the auditor as a member of the members elected to each house, it shall become a lawj to allow the Board of Examiners with the governor and attorney general; 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 in like day on which he received it excepted,) the same respective offices; to establish a procedure to determine gubernatorial manner as if he had signed--itunless the Legislature final 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. a Board made thereto. Sec. 13. Until otherwise provided by law, the Governor, Secretary of by-law- -, shall be passed upon by the Legislature without having been considered and acted upon by the saM Board of Examiners. Sec. 14. Until otherwiseprovided by law, the Governor, State EXECUTIVE ARTICLE REVISION See.-15.--U- ntil -- -- -- Treasurer otherwise provided by law, Attorney Superintendent of Public Instruction shall constitute a Board by law. two-thir- shall-be-a-la- , AGAINSTD FORD by-it- abject tfrene or more such items, while insueheasebe-shal- l append to the bill at the time of s signing it, a statement COMPLETE TEXT OF REVISION OF EXECUTIVE ARTICLE HI Sec. 14. required, shall lay the same and all matters relative thereto before either duties as may be 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 lawT Sec. 47 15. The State Auditor shall be Auditor 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. If any bill is not r returned by the Governor within ten days after it has been presented to the Sec. jftUfi. The Attorney General shall be the legal adviser of the State Governor, Sunday and the day it was received excepted, it shall become a GEN ERAL SESSION law without a signature; but if legislative adjournment prevents return of officers, except as otherwise provided by this Constitution, and shall the bill, it shall become a law unless the Governor within twenty days after perform such other duties as maybe provided by law. A JOINT RESOLUTION PROPOSING TO AMEND ARTICLE VII OF THE CONSTITUTION OF THE STATE OF UTAH; RELATING TO THE adjournment files the objections thereto with such officers as provided by Sec. 49117. The Superintendent of Public Instruction shall perform such AMENDING SECTION 1, law. The Governor may disapprove any item of appropriation contained in EXECUTIVE DEPARTMENT; duties as may-bprovided by law. PROVIDING FOR A LIEUTENANT GOVERNOR AND DELETING any bill while approving other portions of the bill; and in such case the to Governor at shall the the bill of statement time it a AN AS for ELECTED THE OFFICE OF SECRETARY OF STATE append signing Sec. 29l 18. The Governor, Secretary of State Lieutenant Governor. CONSTITUTIONAL OFFICER AND PROVIDING FOR the items or items which are disapproved together with the reasons Auditor. State Treasurer, Attorney General and such other State and State item or and such shall not items over take effect unless DEPARTMENT EXECUTIVE OF OF therefore, RESIDENCE OFFICERS passed district officers as may be provided for by law, shall receive for their 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 disapproves any bill or item of appropriation after the adjournment sine services monthly; a compensation as fixed by law. RATHER THAN ELECTORS AND PROVIDING THAT THE die of any session of the Legislature, the presiding officer of each house The compensation for said officers as provided in all laws enacted CANDIDATES FOR GOVERNOR AND LIEUTENANT shall poll the members of that house orTIhe matter of reconvening the to this Constitution, shall be in full for all services rendered by pursuant If of of the in members of are house BE each PARTY favor GOVERNOR FROM THE SAME POLITICAL Legislature. said officers, respectively, in any official capacity or employment during ELECTED JOINTLY; AMENDING SECTION 3, INSERTING reconvening, the Legislature shall be convened in a session not to exceed their respective terms of office. No such officer shall receive for the LIEUTENANT GOVERNOR FOR SECRETARY OF STATE, five calendar days and at a time set jointly by the presiding officer of each of any official duty any fee for his own personal use, but all PROVIDING FOR QUALIFICATIONS OF GOVERNOR, house, solely for the purpose of reconsidering the bill or item of performance fixed by law for the performance by either of them of any official duty, fees LIEUTENANT GOVERNOR, AND ATTORNEY GENERAL, AND appropriation disapproved. If upon reconsideration, the bill or item of shall be collected in advance and deposited with the State Treasurer REMOVING RESTRICTIONS AGAINST THE STATE AUDITOR appropriation again passes both houses ol the Legislature by a yea andfnay to the credit of the State. The Legislature may provide for the monthly s shaft of the members elected to each house, the bill OR STATE TREASURER BEING ELIGIBLE TO SUCCEED vote of payment of actual and necessary expenses of said officers while traveling THEMSELVES; AMENDING SECTION 5, PROVIDING THAT THE become law or the item of appropriation shall take effect. in the State in the performance of official duty duties. 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 Sec. tel 19. All grants and commissions shall be in the name and by the LANGUAGE USED TO ESTABLISH THE GOVERNORS VETO mode is by the Constitution and laws for filling such vacancy, the authority of the State of Utah, sealed with the Great Seal of the State, provided PROCEDURE AND INCREASING THE TIME ALLOWED THE Governor shall have the power to fill the same by granting a commission, signed by the Governor, and countersigned by the Secretary of State GOVERNOR TO VETO BILLS AND PROVIDING FOR THE which shall at the next election, and upon qualification of the person such officer as provided by law. expire LEGISLATURE TO CALL ITSELF BACK IN SESSION AFTER elected to such office. ADJOURNMENT TO CONSIDER VETOED BILLS; AMENDING Sec. 22 20.1 THE LANGUAGE USED TO SECTION Sec. 10. The Governor shall nominate, and by and with consent of the 11, REWORDING ESTABLISH SUCCESSION TO THE OFFICE OF GOVERNOR IN Senate, appoint all State and district officers whose offices are established THE EVENT OF THE DEATH, IMPEACHMENT, RESIGNATION, by this Constitution, or which may be created by law, and whose Haw: There OF THE GOVERNOR AND appointment or election is not otherwise provided for. If, during the recess OR DISABILITY REMOVAL, a seal of the State, which shall be called The Great Seal of the be shall the ESTABLISHING PROCEDURES CONCERNING SUCH of the Senate, a vacancy occur occurs in any State or district office, State of Utah, and shall be kept by such officer as provided by law. DISABILITY; AMENDING SECTION 13, DELETING THE BOARD Governor shall appoint some qualified person to discharge the duties shall OF STATE PRISON COMMISSIONERS AND CHANGING THE thereof until the next meeting of the Senate, when lie the Governor Sec. 28 21- No person, while holding any office under the United States COMPOSITION OF THE BOARD OF EXAMINERS AND THE nominate some person to fill such office. If the office of Secretary of shall hold any office under the State government of Utah 7 government, or MAY IT AMENDING SECTION TYPES OF CLAIMS State Lieutenant Governor, State Auditor, State Treasurer Attorney CONSIDER; 16, DELETING THE DUTIES OF THE SECRETARY OF STATE General be vacated by death, resignation or otherwise, it shall be the duty AND PROVIDING THE DUTIES OF THE LIEUTENANT of the Governor to fill the same by appointment, from the same political SECTION 17, PROVIDING FOR party of the removed person; and the appointee shall hold his office until AMENDING GOVERNOR; DUTIES OF THE STATE AUDITOR; AMENDING SECTION 18, 4us a successor shall be elected and qualified, as MODIFYING THE DUTIES OF THE ATTORNEY GENERAL; provided by law. AMENDING SECTION 20, INSERTING THE LIEUTENANT governmental operations in periods of emergency resulting from disasters Sec. 11. GOVERNOR FOR SECRETARY OF STATE AND MODIFYING 1979 e two-thir- , I two-third- 1 - ; 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 If, during a vacancy in the other measures as may be necessary and proper for insuring the continuity MODERNIZING SECTIONS, CERTAIN MISCELLANEOUS LANGUAGE, AND REMOVING MASCULINE REFERENCES; AND PROVIDING AN EFFECTIVE DATE. Be it resolved by the Legislature of the State of Utah, members elected to each of the two houses voting in favor thereof: two-thir- of all 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 of Statel Lieutenant Governor, State Auditor, State Treasurer, and Attorney General, each of whom shall hold bis office for four years, beginning on the first Monday of January next after bis election The officers of the Executive Department, during their terms of office, shall reside seat of government, where they within the State and shall keep the public records, books and papers as provided by law. They shall perform such duties as are prescribed by this Constitution and as may be prescribed provided bylaw. . al-th- e Sec. 2. The officers provided for in section one of this article shall be elected by the qualified electors 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. In the election, the names of the candidates for Governor and Lieutenant Governor for 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. To be eligible tel for the office of Governor or Sec. 3. No person-she- ll Secretary of State Lieutenant Governor f unless he a person shall have attained4o the age of thirty years at the time of his election ; or-- t To 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, be tut the time of Ins election, and have been admitted to practice in before the thereof.-I-- provided, the Secretary of duties Stateror-the-Prcsidc- of nt of-t- he : Until otherwise provided by law, the Governor, Justices of the and Attorney General shall constitute a Board of Pardons, Court Supreme a majority of whom, including the Governor, upon such conditions v 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. 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. Section 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. AGAINSTD FORD COMPLETE TEXT OF REVENUE AND TAXATION ARTICLE REVISION 1980 12. established by the Legislature, may remit fines and forfeitures, commute punishments, and grant pardons after convictions, in all cases except shall be and be in good standing at the bar at the time of his eleetion No treason and impeachments, subject to such regulations as may be person shall be eligible to any of the offices provided for in section one of provided by law, relative to the manner of applying for pardons; but no . the exercise of the powers hereby conferred the legislature the Governor as in this section pro tempore the Governor. In case of the death of the Governor, impeachment, removal from office, resignation, or disability to discharge the duties of who fails to take office, the powers the office, or in case of a Governor-elec- t and duties of the Governor shall devolve upon the Lieutenant Governor until the disability ceases or until the next general election, when the vacancy shall be filled by elections. 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 until the vacancy is filled or disability ceases. If in this case the President of 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 until the 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 House, as the case may be, shall'be entitled to the salary and emoluments of the Governor, 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 by the Governor stating an inability to discharge the powers and duties of the office or by a majority of the Supreme Court on joint request of the President of the Senate and the Speaker of the House of Representatives. Such determination shall be final and conclusive. Thereafter, when the Governor transmits to the Supreme Court a written declaration that no disability exists, the Governor shall resume the powers and duties of the office unless the Supreme Court, upon joint request of the President of the Senate and the Speaker of the House of Representatives, or upon its own initiative, determines that the Governor is unable to 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. Sec. n 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 |
