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Show Proposed State Constitutional Amendments or pardon fine or forfeiture shall be remitted, and no commutation in open the Board, before full a hearing granted, except after 'ven. The such hearing previous notice of the time and place of with reasons therefore In each the of the decisions Board, and proceedings be case, together with the dissent of any member who may disagree, shall reduced to writing, and filed with all papers used upon the hearing, In the office of I the Secret ary of Stato 1 such officer at provided by law. this article, unless at the time off his I elect ion f heohoil be) thaLperson is a qualified I Hector-- , J yotef and shall have been a resident citizen of the State for five years next preceding ( hw J election. (The-oto- te Auditor nd os their own shot) be tnHtgtbieto-eirctie- STATE OF UTAH M. County of Salt Lake) State-Treasur-er I, DAVID S. MON'SON', Lieutenant OoternorSrrretary of Slate of the State of Utah, In accordance with Section I'.C.A., 1951. ai amended, do hereby cauae to be published the eaUtlnK and amended language of Articles VII and XIII. Section 3 of Article X I. and Section of Article VI. and also the language of the proposed Initiative Petitions, Elimination of Stale Sales Tas on Food and Tas Limitation Ad. INSTRUCTIONS FOR READING THE TEXT OF THE PROPOSITIONS 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. puvTCWWftr I Sec. 4. The Governor shall be Commander-iChief of the military forces of the State, except u hen 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. n 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, Sec. 5. ThcxccuUvepowetptihc Hie Governor, who thall see that the laws are faithfully executed I. be). The Governor shall transact all executive business with the officers of the governmentT 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 andtne 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, reprelve, commutation or name of the pardon granted since the last previous report, stating the and its sentence the date, w was convicted, for hich he the crime convict, 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. , of Sec. 13. Until otherwise Prison State d St Commiasionera.-whie- h Board ohail have such- supervision eonneeted wtUMhe State Prison as may be provided by towrThey shall, also-Until otherwise provided by law, the Governor. Attorney General, and State Auditor shall constitute a Boartfor Examiners, with power to examine all sudjclalms against the State as p rov idedbyj aw (except salaries or compensat ion ef offieers fixed by taw, and perform such other duties as I may be prescribed provided by law; and no such claim against the State , except for salaries ami compensation of officers ftxed by Jaw, J shall be passed upon by the Legislature without having been considered and acted upon by thel said Board of Examiners. 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 ILegwlatiwAswmWy Legislature. Is not In session, Example: Sec. 5. The executive power of the mav, if f he deem H I deemed necessary, appoints committee to Investigate SlaitihaUSitdiDJbt Governor, and report to him I theGqvexnpr upon the condition of any executive office who shall see that the laws are or State Institution He I tlTeGoyernor shall communicate by message the . . . executed faithfully condition of the State to the Legislature at every regular sesson, and Bracketed and lined through words or numbers recommend such measures as he j may deem J be deemed expedient. represent current language being deleted from the Sec. 6. On extraordinary occasions, the Governor may convene the constitution or current language which is being moved to another section in the constitution. Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative Example: Sec. 38- 1!L The Governor, business except that for which it was especially convened, or such other I Secretary of State yeutenan legislative business as the Governor may call to its attention while in Governor. State Auditor, Stale 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 I may b J provided for by law .. . I (2) I 1 -- -- , J -- Sec. 7. In case of a disagreement between the two houses of the All other language is (he 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 such time as I he J thcJ3overnor may think proper Provided, UK be js This will appear on the ballot summarized as follows: not beyond the time fixed for the convening of the next Legislature. (3) PROPOSITION NO. I ( Governor, ateTreamirer otherwise provided by iaw, and State Auditor ahaH constitute a Board of insane Asylum of all matters Commissioners.- - Said- - Board . eenneeted with theStetelnseneAsyfumea may be provided by faw-Seer-t-tr-Un- id 1 Sec. 8. Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if approved, the Governor I he shall sign it, and thereupon It shall becomealaw;"Eut lTTve dofH4-appr) disapproved, be be the bill shall Shall Article VII of the State Constitution be revised to provide that returned with the to the house in which "it Governors objections candidates (or governor and lieutenant governor of each party run for ongmatedTw hlch house shall enter the objections at large upon its journal office together: to allow the governor to delegate executive responsibilities and upon reconsideration! proceed to reconsider the bill. If to the lieutenant governor: to permit the legislature to act on bills vetoed 44 ) the bill again passes both houses of a yea and nay vote of by by the governor after adjournment; to place the auditor as a member of the members elected to each house, it shall become a 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 within fivedays after It shall have been presented t hinMbunday and the allow the state auditor and state treasurer to run for reflection to their day-o-n which he received be a -e-had respective offices; to establish a procedure to determine gubernatorial manner-as-- lf signed disability and succession to the office of governor; to allow the governor to adjournment prevent-suebe filed with his returm b whieb ease retain executive authority when traveling outside the state; and to make objections In theoffieeof n daysaftersuch other changes in the executive article. tecome-- lawl f any bdl presented to EXECUTIVE ARTICLE REVISION be-eppr- ove I Governor, Attorney Seet5: Until --other General and Superintendent of PublieJnstruetionsbaBeonatitute a Board of Reform School Commiaaioncra. Said Board ahaH have aoeh supervision-oReform Sehoofaa may be provided eH matters connected with 1 Iretufft-R-wilh-- ev he two-third- lhe-6iai-e t s bytawrl Sec. tt-s- State-withiirte- F adjournment-tSundaysexeeptedhO- AGAINSTD fbe-Audit- or ltems,-whileapprovi- 1 returned by the Governor within ten days afterH hasbeen presented to the Governor, Sunday and thTday ifw as received exceptedTit shall become a Taw without a slgnature;"Eut iflegislatlve 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 providecTby law. The Governor may disapprove any item of approprtalion contained in any bill while approving other portions of the bill; and In such case the Governor sbalT append to theblll at theTime of signing it a statement for the item or items winch are disapproved together with the reasons therefore, and such item or items shall not take effect unless passed over the Governor's objections as provided in this section. If the Governor jroves any bill or item of appropriation after the adjournment sine die of any session of the LegTsIajureT the presiding officer of eachbouse shall pc the members of that house on Ihe matter of reconvening the s of the members of each house are in favor of 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 itemof appropriation disapproved! 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. 1979 GENERAL SESSION 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 FROM THE SAME POLITICAL PARTY BE GOVERNOR 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 Sec. 9. When any State or district office shall become vacant, and no LANGUAGE USED TO ESTABLISH THE GOVERNORS 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. ADJOURNMENT TO CONSIDER VETOED BILLS; AMENDING USED TO SECTION 11, REWORDING THE LANGUAGE Sec. 10. The Governor shall nominate, and by and with consent of the 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 OR DISABILITY OF THE GOVERNOR AND REMOVAL, appointment or election is not otherwise provided for. If, during the recess ESTABLISHING PROCEDURES CONCERNING SUCH of the Senate, a vacancy eeeuf occurs in any State or district office, the DISABILITY; AMENDING SECTION 13, DELETING THE BOARD Governor shall appoint some qualified person to discharge the duties OF STATE PRISON COMMISSIONERS AND CHANGING THE thereof until the next meeting of the Senate, when he the Governor shall COMPOSITION OF THE BOARD OF EXAMINERS AND THE nominate some person to fill such office. If the office of Sccrctory--of TYPES OF CLAIMS IT MAY CONSIDER; AMENDING SECTION State Lieutenant Governor, State Auditor, State Treasurer or Attorney 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 AMENDING SECTION 17, PROVIDING FOR GOVERNOR; party of the removed person; and the appointee shall hold his office until DUTIES OF THE STATE AUDITOR; AMENDING SECTION 18, bis .a successor shall be elected and qualified, as MODIFYING THE DUTIES OF THE ATTORNEY GENERAL; provided by law. AMENDING SECTION 20, INSERTING THE LIEUTENANT GOVERNOR FOR SECRETARY OF STATE AND MODIFYING Sec. 11. In case of the death of the Governor, or his impeaehmentT PAYMENT PROVISIONS FOR COMPENSATION AND TRAVEL removal from -duties of his offiee discharge-the EXPENSES OF STATE OFFICERS; AMENDING SECTION 23, resignation, or absense from the State, the powers and duties of said office REMOVING CERTAIN RESTRICTIONS ON THE GOVERNOR TO shall dcvolve-upothe Secretary of State, until the disability shall ecase-o- r RUN FOR UNITED STATES SENATE; AMENDING SECTIONS 10, 12, 21, AND 22, DELETING THE SECRETARY OF STATE; If, during a vacancy in the office Secretary of State DELETING SECTIONS 14, 15, AND 24; NUMBERING OR resign, die or beeome incapable of performing the duties)! the office, or be RENUMBERING VARIOUS SECTIONS, MODERNIZING displaced, or be absent from the State;- the President pro tempore CERTAIN MISCELLANEOUS LANGUAGE, AND REMOVING Senate-sho- ll act os Governor until the vacancy be- filled or the disability MASCULINE REFERENCES; AND PROVIDING AN EFFECTIVE cease. While performing the duties of the Governor os in this scetlon DATE. provided, the Secretary of State,- - or- the President pro tempore of the Senate, as may be, except in cases of temporary disability, or of all absense from the Be it resolved by the Legislature of the State of Utah, shall be entitled to the salary and emoluments of State; members elected to each of the two houses voting in favor thereof: the Governor: In case of the death of the Governor, impeachment, removal from office, resignation, or disability to discharge the duties of Section 1. It is proposed to amend Article VII of the Constitution of the the office, or in case of a Governor-elec- t who fails to take office, the powers State of Utah to read: and duties of the Governor shall devolve upon the Lieutenant Governor Sec. 1. The elective constitutional officers of the Executive Department until the disability ceases or until the next general election, when the shall consist of Governor. Secretary of Statei Lieutenant Governor. State vacancy shall be tilled by elections. If. during a vacancy in the office of Auditor, State Treasurer, and Attorney General, each of whom shall hold Governor, the Lieutenant Governor resigns, dies, is removed, or becomes b office for four years, beginning on the first Monday of January next of performing the duties of the office, the President of the Senate after bis election , except that the terms of offiee-o- f those elected at the incapable shall act as Governor until the vacancy is filled or disability ceases. If in first election-shai-i begin when the State shall be admitted into the Union, this case the President of the Senate resigns, dies, is removed, or becomes and shall end on the first Monday in January, A.DH901 The officers of the incapable of performing the duties of the office, the Speaker of the House Executive Department, during their terms of office, shall reside at the shall act as Governor until the vacancy is filled or disability ceases. While scot of government,- where they within the State and shall keep the public performing the duties of the Governor as provided in this section, the records, books and papers as provided by law. They shall perform such Lieutenant Governor, the President of the Senate, or the Speaker of the duties as are prescribed by this Constitution and as may be prescribed House, as the case may be. shall be entitled to the salary and emoluments provided by law. of the Governor, except in cases of temporary disability. The disability of the Governor or person acting as Governor shall be Sec. 2. The officers provided for in section one of this article shall be determined by either a written declaration transmitted to the Supreme elected by the qualified f electors 1 voters of the State at the time and place Court by the Governor stating an inability to discharge the powers and of voting for members of the Legislature, and the persons respectively duties of the office or by a majority of the Supreme Court on joint request having the highest number of votes cast for the office voted for shall be of the President of the Senate and the Speaker of the House of elected; but if two or more shall have an equal and the highest number of Representatives. Such determination shall be final and conclusive. votes for any one of said offices, the two houses of the Legislature, at its Thereafter, when the Governor transmits to the Supreme Court a written next regular session, shall elect forthwith by joint ballot one of such declaration that no disability exists, the Governor shall resume the powers and duties of the office unless the Supreme Court, upon joint request of the persons for said office. President of the Senate and the Speaker of the House of Representatives, In the election, the names of the candidates for Governor and Lieutenant or upon its own initiative, determines that the Governor is unable to Governor for each political party shall appear together on the ballot, and discharge the powers and duties of the office. The Lieutenant Governor the votes cast for a candidate for Governor shall be considered as also cast shall then continue to discharge these powers and duties as acting for the candidate for Lieutenant Governor. Governor. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section. shall! To be eligible tel for the office of Governor or Sec. 3. Sec. 12. Until otherwise provided by law, the Governor, Justices of the Socretary of State Lieutenant Governor runless he a person shall have attained tel the age of thirty years at the time of his election , nor to Supreme Court and Attorney General shall constitute a Board of Pardons, To be eligible for the office of Attorney General unless he a person shall, a majority of whom, including the Governor, upon such conditions, at the time of election, have attained the age of twenty-fiv- e years, be at with such limitations ond restrictions as they deem- proper as may be the time of his election, and have been admitted to practice! 1 before the established by the Legislature, may remit fines and forfeitures, commute Supreme Court of the Territory or of the State of Utah , nor unless he punishments, and grant pardons after convictions, in all cases except shall be 1 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 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 A Sec. 1 48 Ufi. 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. Sec. 48 U. The Superintendent of Public Instruction shall perform such duties as maybe provided by law. 1 Sec. 128 1 15. The Governor, Secretary of State Lieutenant Governor. State Auditor. State Treasurer, Attorney General and such other State and district officers as may-b- el provided for by law, shall receive for thetr 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 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 I duty duties. 1 two-third- I two-third- may-be-by-la- office;-inability-- to of-t- he - the-eas- e two-thir- 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. 22 2Q.Thcrc shall of the Stater which shall be kept by the State, and used by him officially. Said 9eai shall be called The Great Seal of the State of Utah.-Th- e present seal of the Territory of Utah shall be the seal of the State until otherwise provided by law-- . There shall be a seal of the State, which shall be called The Great Seal of the State of Utah, and shall be kept by such officer as provided by law. Sceretary-o- f Sec. 28121. No person, while holding any office under the United States government, shall hold any office under the Slate government of Utah 7 and the Governor shall not b eligible for- - faction to the Senate of the United States during the term for which-he elected - See.--2Notwithstanding any general or special provisions of the Constitution, the legislature; in order to insure continuity of state ond local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and duty ( 1 j to provide for prompt- and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for and duties-o- f and (2) to adopt such carrying on other measures be necessary and proper for insuring the continuity of governmental operations including, but not limited to the financing thereof. In the exercise of hereby conferred the legislature shall in all respects eonform to the requirements of this Constitution except to the- extent judgment of the legislature so to do would be impracticable or would admit of undue delay. - -- the-powe- rs as-ma- the-powe- that-m-t- he 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. 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. FORD AGAINSTD COMPLETE TEXT OF REVENUE AND TAXATION ARTICLE REVISION n 1980 BUDGET SESSION 1 -- shall-have-be- Governor. - 1 1 1 . 1 the official It 1 See 117 1 15. The State Auditor shall perform financial post fee -- provided bythii f of Public Accounts, except audits Constitution-- , land the State Treasurer shall be the custodian of public moneys t1; and each shall perform such other duties as may-b- e provided by law. other port ionsof the bill; object to one or more such in such ease he shall append to the bid ot thefimeof signing itrast element WIa tkift Kvtn vr ifo ot tfttr wnivn nr orcitnps to Bpprovrftugrtnrr auIIV wtin nn rraJrons firms niU COMPLETE TEXT OF REVISION OF EXECUTIVE ARTICLE 16 1 h -b- b 1 requiredpshaBIay the same and all mailers relative thereto before either other duties aa may-b- e branch of t he Legislaiurerand shall perform-sueon all boards and serve provided by law, The Lieutenant Governor shall commissions in lieu of the Governor whenever so designated 5y the Governor, shall perform such dulTes as may be delegated frytfie Governor, and shaiTperform sucTTblherTIuties as maypeprbvmedbyTaw. law-lnHik- e FORD previdet-by-4awr4h-GverfK- ate-en- 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 f |