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Show Wednesday, Octobef 15, 2008- f~1 W. PIH S u n l.iM»r»tiTV 8 HE SIGNPOST continued from page 4 walk zones in high-foot traffic areas. Cheryl Heyings began by saying that most of us have come to this '"no dun' moment that the inversion and pollution is bad," and that air quality is a serious issue. "We have got to get the number of pollutants in the air down," she said. When compared to the '80s, we are a lot better off. In the '80s the inversion was three times as bad. "We keep chasing the numbers down," she said, and "it is a moving target." The Government State and Federal changes the goals for air quality and pollution. So once the state has met the requirements then they change it again. The bad news is that we are consuming more energy than ever before, but the good news is that pollution is decreasing, which means we are learning to use it more efficiently. The Utah Energy Strategy that Governor Huntsman has announced is for the whole state to conserve 20 percent by 2015, she said. Putting the state at 2005 levels by 2015. About one third of all emissions are coming from coal power plants, one third is coming from our vehicles and the rest is coming from everything else. What we can do she said is simple, "save energy, if you save energy you cut emissions." Robin Erickson works with the state to try ana reduce our fuel consumption and increase alternative clean fuel usage. She helped put into place a plan to reduce idling on school buses, not only to cut emissions but because children are 50 percent more susceptible to the harmful chemicals that are in exhaust. "For God sake's vote," she said. " I encourage you to vote for the people with the best energy policy." The Weber State Faculty Senate Environmental Issues Committee will be continuing their speaker series in November. > Get your business 140' \ moving 1OO .120 -60 160- .40 Advertise with Signpost Comment on this story at wsusignpost.com. As directed by Utah Code 20A-7-103, I, Gary R. Herbert, Lieutenant Governor of the State of Utah, do hereby certify that the following five constitutional amendments will appear on the ballot for the General Election to be held November 4, 2008. For more information, please visit www,LeaveYourPrint,cQm. Proposed Constitutional Amendments: CONSTITUTIONAL AMENDMENT C CONSTITUTIONAL AMENDMENT A Shall the Utah Constitution be amended to: modify and clarify how a vacancy in the office of Governor is filled; define when a vacancy occurs in the offices of Governor and Lieutenant Governor; modify the term of office of a person filling a vacancy in the office of Governor or Lieutenant Governor; modify and clarify the exercise of the powers of Governor when the Governor is temporarily disabled; modify and clarify how the disability of a Governor is determined; modify how a vacancy in the office of Lieutenant Governor is filled; and establish a process for determining the disability of a Lieutenant Governor? p Yes o No Complete Text Constitutional Amendment A RESOLUTION REVISING EXECUTIVE OFFICER SUCCESSION PROVISIONS (H.J.R. 4) 2007 GENERAL SESSION SENATE: 27-0-2 HOUSE: 59-12-4 Utah Constitution Sections Affected: AMENDS: ARTICLE VII. SECTION 10 ARTICLE VII, SECTION 11 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Utah Constitution Article VII, Section 10, to read: Article VII, Section 10. [Governor's appointive power - Governor to appoint to fill vacancy in other state offices -- Vacancy in the office of the Lieutenant Governor.] (1) (a) 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. (b) If, during the recess of the Senate, a vacancy 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 the Governor shall nominate some person to fill such office. (2) If the office of [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] as, the removed person; and the appointee shall hold office until a successor shall be elected and qualified, as provided by law. (3) (a) A vacancy in the office of Lieutenant Governor occurs when: (i) the Lieutenant Governor dies, resigns, is removed from office following impeachment, becomes Governor under Article VII. Section 11. ceases to reside within the State, or is determined, as provided in Subsection (3)(b). to have a disability that renders the Lieutenant Governor unable to discharge the duties of office for the remainder of the Lieutenant Governor's term of office: or (ii) the Lieutenant Governor-elect fails to take office because of the Lieutenant Governor-elect's death, failure to Qualify for office, or disability, determined as provided in Subsection (3)(b). that renders the Lieutenant Governor-elect unable to discharge the duties of office for the Lieutenant Governor-elect's full term of office, (b) (i) Except when the disability of a Lieutenant Governor is determined i under Article VII. Section 11. Subsection (6) because the Lieutenant i Governor is acting as Governor under Article VII. Section 11. , Subsection (5). the disability of a Lieutenant Governor or Lieutenant Governor-elect shall be determined bv a written declaration stating that the Lieutenant Governor or Lieutenant Governor-elect is unable to discharge the powers and duties of the office. (ii) The written declaration under Subsection (3)(b)d) shall be transmitted to the Supreme Court and shall be signed by: (A) the Governor: or (B) (I) the Lieutenant Governor, if the Lieutenant Governor is the subject of the declaration: or (II) the Lieutenant Governor-elect, if the Lieutenant Governor-elect is the subject of the declaration. (Hi) If the Lieutenant Governor or Lieutenant Governor-elect, as the case mav be. disputes a declaration transmitted by the Governor under Subsection (3)(b)(i). the Lieutenant Governor or Lieutenant Gqvernor-elect mav. within ten davs after the declaration is transmitted to the Supreme Court, file a petition reouesting the Supreme Court to determine whether a disability exists as stated in the Governor's declaration. (iv) In determining whether a disability exists, the Supreme Court shall follow procedures that the Court establishes, unless the Legislature by statute establishes procedures for the Supreme Court to follow in determining whether a disability exists. (v) A determination of disability under this Subsection (3)(b) is final and conclusive. (c) (i) If a vacancy in the office of Lieutenant Governor occurs, the Governor shall with the consent of the Senate, appoint a person as Lieutenant Governor, to serve: (A) except as provided in Subsection (3)(c)(i)(B). the remainder of the unexpired term: or (B) until the first Monday in January of the year following the next regular general election after the vacancy occurs, if the vacancy occurs because the Lieutenant Governor becomes Governor under Article VII. Section 11. Subsection (2). (ii) The person appointed as Lieutenant Governor under Subsection (3)(c)(i) shall be from the same political oartv as the Governor. (Hi) Neither the President of the Senate nor the Speaker of the House of Representatives mav. while acting as Governor under Article VII. Section 11. Subsection (4). appoint a person as Lieutenant Governor to fill a vacancy in that office. Section 2. It is proposed to amend Utah Constitution Article VII, Section 11, to read: Article VII, Section 11. [Vacancy in office of Governor - Determination of disability.] [In easeresignation, of the death the Governor, impeachment, from or in offiee, orof disability to discharge the dutiesremoval of the office, case of a Governor-elect who fails to take office, the powere-and dutiesof the Governor shall devolve upon the Lieutenant Governor until the dlsabtHty ceases or until the next general election, when the vacaney shall befilled by election. 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 offiee, tho President of the Senate shall act as Governor until the vaeancy is filled or-dteebttttyeeases. If in this case the President of the Senate resigns, dies, is removed, or becomes incopable of performing the duties of the office, the Speaker of the I louse shell act as Governor until the vacancy is filled Or ^ '**** hilihj - J . •*: - -of - *the " ~ - Governor /**»-•• y *"^aao«-XAJKilja ceaaos. While r>mrf<M»jwtgM performing tlrna the duties as provided in this seetion, the Lieutenant Governor, the President of the Genote, or the Speaker of the I louae, as the case may be, shall be entitled to the salary and emoluments of the Governor, except in eases of temporary disability. The] (1) A vacancy in the office of Governor occurs when: f a) the Governor dies, resigns, is removed from office following Impeachment, ceases to reside within the state, or is determined. as provided in Subsection (6). to have a disability that renders the Governor unable to discharge the duties of office for the remainder of the Governor's term of office (b) the Governor-elect fails to take office because of the Governorelects death, failure to qualify for office, or disability, determined provided m Subsection (6). that renders the Governor-elect unable to discharge the duties of office for the Governor-elect's full term of office. (2) If a vacancy in the office of Governor occurs, the Lieutenant Governor shall become Governor, to serve: fa) until the first Monday in January of the year following the next regular general election after the vacancy occurs, if the vacancy occurs during the first year of the term of office: or (b) for the remainder of the unexpired term, if the vacancy occurs after the first year of the term of office. (3) (a) In the event of simultaneous vacancies in the offices of Governor and Lieutenant Governor, the President of the Senate shall become Governor, to serve; (i) until the first Monday January occurs, of the year next during regular general election after theinvacancy if thefollowing vacancy the occurs the first year of the term of office: or (ii) for the remainder of the unexpired term, if the vacancy occurs after wiw.wi w M W M W I . rmima w ^naiiiv list \JIII\*TJ. \JI UI^CJLJllll y. U P I V II f III IPO HO the first year of the term of office. . (b) In the event of simultaneous vacancies in the offices of Governor. Lieutenant Governor, and President of the Senate, the Speaker of the House of Representatives shall become Governor, to serve: (i) until the first Monday in January of the year following the next regular general election after the vacancy occurs, if the vacancy occurs during the first year of the term of office: or (ii) for the remainder of the unexpired term, if the vacancy occurs after the first year of the term of office, (4) If a vacancy in the office of Governor occurs during the first year of the term of office, an election shall be held at the next regular general election after the vacancy occurs to elect a Governor and Lieutenant Governor, as in Article VII. Section 2. to serve the remainder of s provided or term. $dJk T.r_ unexpired (5) (a) If the Governor is temporarily unable to discharge the duties of the office because of the Governor's temporary disability, as determined upder Subsection (6). or if the Governor-elect is temporarily-unable to assume the office of Governor because of the Governor-elect's temporary disability, as determined under Subsection (6). the powers and duties of the Governor shall be discharged by the Lieutenant Governor who, in addition to discharging the duties of the office of Lieutenant Governor, shall, without additional compensation, act as Governor until the disability ceases. (b) (i) If. during a temporary disability of the Governor or Governorelect, as determined under Subsection (6). a vacancy in the office of Lieutenant Governor occurs or the Lieutenant Governor is temporarily unable to discharge the duties of the office of Governor because of the Lieutenant Governor's temporary disability, as determined under Subsection (6) the powers and duties of the Governor shall be discharged b y the President of the Senate who shall act as Governor until the Governor or Governor-elect's disability ceases or. in the case of the Lieutenant Governor's temporary disability, the Lieutenant Governor's disability ceases, whichever occurs first. (it) If. during a temporary disability of the Governor or Governor-elect, as determined under Subsection (6). neither the Lieutenant Governor nor the President of the Senate is able to discharge the duties of the office of Governor because of a vacancy in the office of Lieutenant Governor or President of the Senate, or both, or because of a temporary disability of either or both officers, as determined under Subsection (6). or a combination of vacancy and temporary disability, the powers and duties of the Governor shall be discharged by the Speaker of the House of Representatives who shall act as Governor until the Governor's disability ceases or until the vacancy, if applicable, in the office of President of the Senate is filled or the temporary disability, if applicable, of the Lieutenant Governor or President of the Senate ceases, whichever occurs first. (c) (i) During the time that the President of the Senate acts as Governor under this Subsection (5). the President may not exercise the powers and duties of President of the Senate or Senator. The powers and duties of President of the Senate mav be exercised during that time bv an acting President, chosen bv the Senate. (ii) During the time that the Speaker of the House of Representatives acts as Governor under this Subsection (5). the Speaker mav not exercise the powers and duties of Speaker of the House of Representatives or Representative. The powers and duties of Speaker of the House of Representatives may be exercised during that time by an acting Speaker, chosen bv the House of Representatives. (d) When acting as Governor under this Subsection (S). the President of the Senate or Speaker of the House of Representatives, as the case mav be. shall be entitled to receive the salary and emoluments of the office of Governor. (6) (a) A disability of the Governor. Governor-elect, or person acting as Governor shall be determined by [cither a ] ; (7) the written declaration of the Governor. Governor-elect, or person acting as Governor, transmitted to the S u p r e m e Court [by-theG o v c r n o r l stating an inability to discharge the powers and duties of the office; or [by] (ii) a majority of the S u p r e m e Court [&rt}upon the joint request of the President or. if applicable, acting President of the Senate and the Speaker or. if applicable, acting Speaker of the House of Representatives. [Guch determination 3holl be final and conclusive. Thereafter, w h e n the Governor transmits to the Supreme-Gourt a written declarotion that no disability exists, the] ie Governor or person acting as Governor shall resume or. in the case of a Governor-elect, shall assume the powers and duties of the office following a temporary disability upon the written declaration of the Governor. Governor-elect, or person acting as Governor, transmitted to the Supreme Court, that no disability exists, unless the Supreme Court, upon the joint request of the President or. if applicable, acting President of the Senate and the Speaker or. if applicable, acting Speaker of the House of Representatives, or upon its o w n initiative, determines that the temporary disability continues and that the Governor, Governor-elect, or person acting as Governor is unable to discharge the powers a n d duties of the office. [The Lieutenant Governor ohall then continue to discharge these powcre and dutioo 03 acting G o v e r n o r ] (c) Each determination of a disability under Subsection (6)(a) shall*be final and conclusive. £22 The Supreme Court has exclusive jurisdiction to determine all questions arising under this section. Section 3. Submittal to voters. The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law. Section 4 . Effective date. If the amendment proposed bv this joint resolution is approved bv a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1. 2009. CONSTITUTIONAL AMENDMENT B Shall the Utah Constitution be amended to allow a permanent state trust fund to include money or other assets given to the trust fund under any provision of law? D Yes D No Shall the Utah Constitution be amended to: change the start of the Legislature's annual general session from the third Monday in January to the fourth Monday in January; and exclude federal holidays from the calculation of the 45-day limit on annual general sessions of the Legislature? n Yes D No Complete Text Constitutional Amendment C RESOLUTION AMENDING UTAH CONSTITUTION (S.J.R. 12) 2007 GENERAL SESSION SENATE: 29-0-0 HOUSE: 72-0-3 Utah Constitution Sections Affected: AMENDS: ARTICLE VI, SECTION 2 ARTICLE VI, SECTION 16 )f Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Utah Constitution Article VI, Section 2, to read: Article VI, Section 2. [Time of general sessions.] Annual general sessions of the Legislature shall be held at the seat of government and shall begin on the [thtfd] fourth Monday in January. Section 2. It is proposed to amend Utah Constitution Article VI, Section 16, to read: Article VI, Section 16. [Duration of sessions.] (1) [No] Except in cases of impeachment, no annual general session of the Legislature may exceed 45 calendar days, [except in ca3e3 of impeachment] excluding federal holidays. (2) No session of the Legislature convened by the Governor under Article VII, Section 6 may exceed 30 calendar days, except in cases of impeachment. Section 3. Submittal to voters. The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided bv law. Section 4. Effective date. If the amendment proposed bv this joint resolution is approved bv a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1. 2009. CONSTITUTIONAL AMENDMENT D Shall the Utah Constitution be amended to clarify that the time when the Legislature is required to divide the state into congressional, legislative, and other districts is no later than the annual general session following the Legislature's receipt of the federal census results? D D Yes No Complete Text Constitutional Amendment D JOINT RESOLUTION AMENDING LEGISLATIVE APPOINTMENT (S.J.R. 5) 2008 GENERAL SESSION SENATE: 27-0-2 HOUSE: 67-0-8 Utah Constitution Sections Affected: AMENDS: ARTICLE IX, SECTION Utah Constitution Sections Affected: AMENDS ARTICLE IX, SECTION 1 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Utah Constitution Article IX, Section 1, to read: Article IX, Section 1. [Dividing the state into districts.) [At] No later than the annual general session next following the Legislature's receipt of the results of an enumeration made by the authority of the United States, the Legislature shall divide the state into congressional, legislative, and other districts accordingly. Section 2. Submittal to voters. The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law. Section 3. Effective date. If the amendment proposed bv this joint resolution is approved bv a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1. 2009. CONSTITUTIONAL AMENDMENT E Shall the Utah Constitution be amended to authorize the state to invest money in the newly issued stock or bonds of private companies if the money comes from the State School Fund or from land granted to the state by the federal government, as an exception to a general rule prohibiting those investments? D Yes D No Complete Text Constitutional Amendment E Complete Text Constitutional Amendment B RESOLUTION REGARDING PERMANENT STATE TRUST FUND (S.J.R. 2) 2007 GENERAL SESSION SENATE: 27-1-1 HOUSE: 69-0-6 Utah Constitution Sections Affected: AMENDS: ARTICLE XXII. SECTION 4 Be it resolved by the Legislature of,the state of Utah, two-thirds of all members elected to each of the twb houses voting in favor thereof: t Section 1. It is proposed to amend Utah Constitution Article XXII, Section 4, to read: Article XXII, Section 4. [State trust fund - Principal to be held in perpetuity --Use of income.] MJ There is established a permanent state trust fund consisting of: (a) as provided by statute or appropriation, funds that the state receives relating to the November 1998 settlement agreement with leading tobacco manufacturers; [end] (b) money or other assets given to the fund under anv provision of law: [(&)] (sX other funds and assets that the trust fund receives by bequest or private donation. (2) Except as provided in Subsection (4). the state treasurer shall, as provided by statute, hold all trust funds and assets in trust and invest them for the benefit of the people of the state in perpetuity. (3) The income from the state trust fund shall be deposited into the General Fund. (4) With the concurrence of the governor and three-fourths of each house of the Legislature, funds or assets in the trust fund may be removed from the fund for deposit into the General Fund. Section 2. Submittal to voters. The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law. Section 3. Effective date. If the amendment proposed bv this Joint resolution is approved bv a maiority of those voting on it at the next regular general election, the amendment shall take effect on January 1. 2009. JOINT RESOLUTION AMENDING THE UTAH CONSTITUTION -STOCK AND BOND SUBSCRIPTIONS (H.J.R. 12) 2008 GENERAL SESSION SENATE: 28-0-1 HOUSE: 71-0-4 Utah Constitution Sections Affected: AMENDS: ARTICLE VI, SECTION 29 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Utah Constitution Article VI, Section 29, to read: Article VI, Section 29. [Lending public credit and subscribing to stock or bonds forbidden -- Exceptions.] (1) Neither the State nor any county, city, town, school district, or other political subdivision of the State may lend its credit or, except as provided in [Subsection] Subsections (2) and (3). subscribe to stock or bonds in aid of any private individual or corporate enterprise or undertaking. (2) Except as otherwise provided by statute, the State or a public institution of post-secondary education may acquire an equity interest in a private business entity as consideration for the sale, license, or other transfer to the private business entity of intellectual property developed in whole or in part by the State or the public institution of post-secondary education, and may hold or dispose of the equity interest. (3) Except as limited bv statute, the State mav subscribe to stock or bonds with: (a) funds in the permanent State School Fund established in Article X. Section 5: and (b) funds derived from federal land grants designated in Sections 8 and 12 of the Enabling Act of the State. Section 2. Submittal to voters. The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law. Section 3. Effective date. If the amendment proposed by this joint resolution is approved bv a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1. 2009. r |