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Show Emery County Progress Wednesday, October 8, Amendments Proposed State Constitutional tts fine or forfeiture this article, unless at the time of election theehalFbe that person is a been a resident citizen oUhe State and shall have it. guaUfMt'tecMrAsfer of Territory for five years next preceding hie election. The state County of Salt Lake) Auditor Treasurer shall be ineligible to election os their own I, DAVID S. MONSON, Lieutenant GovernorSecretary of State of the successors. State of Utah, in accordance with Section U.C.A., 1953, as amended, Sec. 4. The Governor shall be Commander-in-Chle- f of the military forces 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, of the State, except when they shall be called in to the service of the United and also the language of the proposed Initiative Petitions, Elimination of States. He The Governor shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. State Sales Tax on Food and Tax Limitation Act. STATE OF UTAH 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 . . . (2) Bracketed and words or numbers represent current language being deleted from the constitution or current language which is being moved to another section in the constitution. lined-throug- h Example: Sec. --36Secretary Governor. Treasurer, such other as may-he 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: I 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 the 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 1 1 Board made thereto. the Governor, secretary of Sec. 13. f Until otherwise provided State and Attorney General shall constitute a Board of State Prison Commissioners, which Board shall hove such supervision of all matters connected with the State Prison as may be provided by law. They Until otherwise provided by law, the Governor, Attorney General, and Stlte Auditor shall constitute a Board of Examiners, with power to examine all such claims against the State as provided by law except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed provided by law; and no such claim against the State , except for salaries and compensation of officers fixed by law; shall be passed upon by the Legislature without having been considered and acted upon by the said Board of Examiners. by-la- w, 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 1IL The Governor, business except that for which it was especially convened, or such other of State Lieutenant legislative business as the Governor may call to its attention while in State Auditor, State session. The Legislature, however, may provide for the expenses of the Attorney General and 'session and other matters incidental thereto. The Governor may also by State and District officers proclamation convene the Senate in extraordinary session for the transaction of executive business. provided for by law . . . 6. ohall,--ate- Sec. 7. In case of a disagreement between the two houses of the other language is the current language in the constitution which is retained without change. Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to This will appear on the ballot summarized as follows: such time as he the Governor may think proper Provided, ifjt he is not beyond the time fixed for the convening of the next Legislature. (3) All PROPOSITION NO. Shall Article VII of the State Constitution be revised to provide that candidates for governor and lieutenant governor of each party run for office together; to allow the governor to delegate executive responsibilities to the lieutenant governor; to permit the legislature to act on bills 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. AGAINSTD FORD Sec. 8. Every bill passed by the Legislature, before it becomes a law, shall be Dresented to the Governor; if he approve approved, the Governor the! shall sign it, and thereupon it shall become a law; but if be do not approve disapproved, he the bill shall return it with he be returned with the Governors objections to the house in which it originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If - after such upon reconsideration-- h of the bill again passes both houses by a yea and nay vote of the members elected to each house, it shall become a law. -- r notwithstanding the Governors objections. If any bill be not returned within five days after it 9hall hove been presented to him, Sunday and the he received it excepted,) the same shall be-- law in- - like day manner-a- s if he had signed it, unless the Legislature by its final adjournment prevent such return, in which case it shall be filed with his objections in the office of the Secretary of State within ten days after such adjournment Sundays excepted) or become a law.- If any bill presented to the Governor contains several items of appropriations of money, he may or more such items, while approving other portions of the bill, object e of signing it, a statement case he shall append to the bill at of the item or items which he declines to approve, together with his reasons t take effect unless passed over therefore; and such item or the Governors objection os in this section provided. If any bill is not 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 the bill, it shall become a law unless the Governor within twenty days after adjournment files the objections thereto with such officers as provided by law. The Governor may disapprove any item of appropriation contained in any bill while approving other portions of the bifl; and in such case the Governor shall append to the bill at the time of signing it a statement for the item or items which are disapproved together with the reason7? therefore, and such item or items shall not take effect unless passed over the Governors objections as provided in this section, if the Gove disapproves any bill or item of appropriation after the adjournment die of any session of the Legislature, the presiding officer of each h shall poll the members of that house on the matter of reconvening the of the members of each house are in favoro Legislature. If reconvening, the Legislature shall be convened in a session not to exceed five calendar days and at a time set jointly by the presiding officer of each house, solely for the purpose of reconsidering the bill or itemoi appropriation disapproved. If upon reconsideration, the bill or item of appropriation again passes both houses of the Legislature by a yea and nay s vote of of the members elected to each house, the bill shall become law or the item of appropriation shall take effect. A JOINT RESOLUTION PROPOSING TO AMEND ARTICLE VII OF THE CONSTITUTION OF THE STATE OF UTAH; RELATING TO THE AMENDING SECTION 1, EXECUTIVE DEPARTMENT; 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 ELECTED JOINTLY; AMENDING SECTION 3, INSERTING LIEUTENANT GOVERNOR FOR 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 GOVERNORS 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 THE LANGUAGE USED TO SECTION 11, REWORDING ESTABLISH SUCCESSION TO THE OFFICE OF GOVERNOR IN THE EVENT OF THE DEATH, IMPEACHMENT, RESIGNATION, REMOVAL, OR DISABILITY OF THE GOVERNOR AND SUCH CONCERNING 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 THE DUTIES OF THE LIEUTENANT AND PROVIDING 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 SECTIONS, Sec. 16 14. The Secretary of State 6hall keep a reeord of the offieiat aets of the Legislature and Executive Deportments of the State, ond, whee required,-shallay the same and all matters relative thereto before either branch of the Legislature, and shall perform such 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? l a on-wh- ich - financial post Sec PF- 15. The State Auditor shall audits of Public Accounts, f 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 by law. the-tim- itcms-shall-no- 1979 PROCEDURES by law. to-on- e GENERAL SESSION ESTABLISHING Sec. 15. Until otherwise provided by law the Governor, Attorney General and Superintendent of Public Instruction shall constitute a Board of Reform School Commissioners. Said Board shall have such supervision of all matters connected with the State Reform School as may be provided two-thir- h COMPLETE TEXT OF REVISION OF EXECUTIVE ARTICLE ; Sec. 14. Until otherwise provided by law, the Governor; state Treasurer and State Auditor shaH constitute a Board of Insane Asylum Commissioners. Said Board 9hall have such supervision of all matters connected with the State Insane Asylum as may be provided by law. 1 EXECUTIVE ARTICLE REVISION r pllce of such hearing hasteen glvei. The 1 Sec. 5. The executive power of the State shall be vested in the Governor. The Governor who shall see that the laws are faithfully executed 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 it deemed necessary, appoint a committee to investigate and report to him the Governor upon the condition of any executive office or State Institution. HeJ 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. Sec. fte ar in each proceedings and decisions of the Board, with the reasons therefore case, together with the dissent of 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. and--Stat- INSTRUCTIONS FOR READING THE TEXT OF THE PROPOSITIONS shf 1980 7B ttJl. Sec. The Attorney General shall be the legal adviser of the State officers, except as otherwise provided by this Constitution, and shall provided by law. perform such other duties as may-b- e Sec. H617. The Superintendent of Public Instruction shall perform such duties as maybe provided by law. Sec. 26l 18. The Governor, Secretary of State Lieutenant Governor. State Auditor. State Treasurer, Attorney General and such other State and district officers as may 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 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. by-sai- two-thir- two-third- Sec. 21 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 Secretary of State such officer as provided by law. 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 the same by granting a commission, which shall expire at the next election, and upon qualification of the person elected to such office. 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 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 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 shall hold his office until his a. successor shall be elected and qualified, as may be by law provided by law. In ease of the dcath-- of the removal from office, JSec. 11. inability-to-disehnrgc-- the Governor, Secretary of State, and used by him officially.- f ali shall be a seal of the State, which shall be called The Great Seal State of Utah, and shall be kept by such officer as provided by lawT of the Sec. 231.21. No person, while holding any office under the United States government, shall hold any office under the State government of Utah 7 United Governor States-durin- . his impeachment duties-o- Said-seal-sh- his office the term for which he shall have been elected g . See. 24. Notwithstanding any general --or pecial-provisions Constitution, the legislature, in order toinsureeontinuity of of the -s- state and local caused by enemy attack, shall have the power and the immediate -- of pubtie-office- s, -- of whatever nature ond whether filled by duty-f-- B election--o- r MODERNIZING CERTAIN MISCELLANEOUS LANGUAGE, AND REMOVING MASCULINE REFERENCES; AND PROVIDING AN EFFECTIVE DATE. of all Be it resolved by the Legislature of the State of Utah, members electea to each of the two houses voting in favor thereof : two-thir- 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, Soereiarv-e- f State Lieutenant Governor. State Auditor, State Treasurer, and Attorney General, each of whom shall hold Ms office for four years, beginning on the first Monday of January next after Ws election!, .The officers of the Executive Department, during'their term's of office, shall reside Beat of government-- , where they within thq 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 by law. at-t- -- he the (Jovcrnor.j in case of the death of the Governor, impeachment, removal from office, resignation, or disability to discharge tne duties 01 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 until the next general election, when the vacancy shall be tilled 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 pffice, the President ot the Senate shall act as Governor until the vacancy Is tilled or disability ceases. IfTn 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 performing tne auties ot tne Governor as provided in this section, the Lieutenant Governor, the President of the Senate, or the SpetTKer ot the House, as the case may be, shall be entitled to the salary and emoluments of the 6overnor, except In cases of temporary disability. The disability of the Governor or person acting as Governor shall be determ inecThy either a written declaration transmitfed 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 Sec. 2. The officers provided for In section one of this article shall be elected by the qualified electors yotera of the State at the time and place of voting for members of the Legislature, and the persons respectively " pca having the highest number of votes cast for the office voted for shall be oTlheFresTdcnt'''of "IT)" of number the an and Such shall be final and highest equal rtepresenlaltves. elected; but if two or more shall have . 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 exlslsthe Gover noFshaTT resume the powers and duties of the office unless the Supreme CourtTuDorTIdlnl request oTThe persons for said office. PresidenrdfTheSenate and the Speaker of theuduse of Representatives, In the election, the names of the candidates for Governor and Lieutenant or uponTTs own initiative, determines th aFThe Governor Is unable to Governor for each political party shall appear together on the ballot, and discharge the powers and autles of the office. The Lieutenant Governor the votes cast for a ca ndidate for Governor shall be considered as also cast shall then continue to discharge these powers and duties as acting Governor. The SupremFCburtHas exclusive jurisdiction to determine all for the candidate for Lieutenant Governor, questions arising" under Hissecllon. for the office of Governor or Sec. 3. No person ohalillfl be eligible Sec. 12. Until otherwise provided by law, the Governor, Justices of the Sooretary of State Lieutenant Governor unilessbe a person shall have attained Ue the age oTlfiTrly years aFlhe time oflhlsidectlbhj-rflortSupreme Court and Attorney General shall constitute a Board of Pardons, To be eligible for the office of Attorney General unlesshe a person shall, a majority of whom, Including the Governor, upon such conditions, rand years, Ml at wtth oueb deem proper as may be aTthellme oTelectlQn, have attained the age of twenty-fivtheHmeef hioefeetionrflnd have been admitted to practice! in before the established by the Legislature, may remit fines and forfeitures, commute the State of Utah rPOF unless ho punishments, and granTpardons after convictions, In all cases except Supreme Court ahaRhe and be in good standing at the bar at the time of his election. No treason and Impeachments, subject to such regulations as may be in person shall be eligible to any of the offices provided for section one of provided by law, relative to the manner of applying for pardons; but no 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 municipality's 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 FOUL COMPLETE TEXT OF REVENUE AND TAXATION ARTICLE REVISION 1980 BUDGET SESSION e e ofthe-TerrltorjMr- of Hmitation&ftnd-mitrktkn-a84he- y 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; OF THE. PRQPERTYL OF. PROVIDING FOR EXEMPTION (Continued on Page 8B) |