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Show Proposed State Constitutional Amendments STATE OF UTAH County of Salt Lake) fine or forfeiture shall be remitted, and no j PalSj In granted, except after a full hearing before the Board. openwssion, given. no previous notice of the time and place of such hearing hastherefore in eacn reasons with the proceedings and decisions of the Board, 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 tne office of the Secretary of Stotol such officer as provided by law. this article, unless at the time of t Ms election! be that person Is a qualified I elector; J voter and shall have been a resident citlzenofthe State of Territory 1 for five years next preceding ( Wo J election, I The-et- ft. in ete 1, DAVID S. MONSON, 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 of Article VI, and also the language of the proposed Initiative Petitions, Elimination of State Sales Tax on Food and Tax Limitation Act. VUllTQBVfVl J 20-l-t- Sec. 4. The Governor shall be Commander-in-Chle- f of the military forces of the State, except when they shall be called in to the service of the United States. Hel The Governor shall have power to call out the militia to execute the laws, to suppress Insurrection, or to repel Invasion. INSTRUCTIONS FOR READING TIIE TEXT OF THE PROPOSITIONS 1 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 er 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; 1 4m jandthe who shalFlthaulye lawVare Governor shall transact all executive business with the officers of the government NOTE: In reviewing the text of the propositions the following rules apply: Underlined words and numbers represent new civil and military, and may require information in writing from the (1) officers of the Executive Department, and from the officers and managers language added to the constitution or current language of State Institutions upon any subject relating to the condition, moved from another section In the constitution. management, and expenses of their respective offices and Institutions, and I Example: Sec. 5. The executive power of the at anyIftime when the Legislative Assembly Legislature Is not in session, deemed hedeemUl may. necessary, appoint a committee to Investigate In theCovernor. State shailWyesTed who shall see that the laws are and report to I him the Governor upon the condition of any executive office or Stale Institution. Hel the Governor shall communicate by message the faithfully executed.. . condition of the State to the Legislature at every regular sesson, and words or Bracketed and lined through (2) numbers recommend such measures as bej may deem be deemed expedient. represent current language being deleted from the Sec. 6. On extraordinary occasions, the Governor may convene the constitution or current language w hich 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 UL The Governor, business except that for which It was especially convened, or such other Example: Sec. I Secretary Lieutenant legislative business as the Governor may call to Its attention while in Governor. State Auditor, State session. The Legislature, however, may provide for the expenses of the treasurer, Attorney General and session and other matters incidental thereto. The Governor may also by such other State and District officers proclamation convene the Senate in extraordinary session for the transaction of executive business. as may b ) provided for by law . . . faftlyexeced.LTl Governor shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprelve, commutation. or pardon granted since the last previous report, stating the name of the convicted, the sentence and Its aate, convict, the crime for which I the date of remission, commutation, pardon or reprieve, with the reasons for granting the same, and the objections, if any, of any member of the Board made thereto. Sec. 13. Until otherwiac provided by lawt the Governor, eeeretary-o- f 1 1 1 of-S- tate 1 Commissioners, which Board eholl hove such supervision of oil matters connected with the State Prison as may be provided by law. They shall; aieor 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 ompensation of officers fixed by taw-- , and perform such other duties as ( may oe prescribed I provided by law; and no such claim against the State , except for aalarics andcompensation 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. Sec. 7. In case of a disagreement between the two houses of the All 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 such time as(he Uie Governor may think proper Provided, if Itfbel Is This will appear on the ballot summarized as follows: not beyond the time fixe? for the convening of the next Legislature. (3) See. II. Until otherwise provided by law, the Governor, stateTreasurer -c- onstitute-a Insane Asylum Board Commissioners. shall have such supervision of --all matters of 1 Said-Boar- d' Sec. 8. Every bill passed by the Legislature, before it becomes a law, shall be nresented to the Governor; if approved, the Governor be! shall sign it, and thereupon it shall become a law; but if (he 5o not approve disapproved, he the bill shall return It with-h-e be Shall Article VII of the State Constitution be revised to provide that returned with the Governors to the house in which it objections run for originated, which house shall enter the candidates for governor and lieutenant governor of each party objections at large upon Its journal office together; to allow the governor to delegate executive responsibilities and to reconsider the bill. If ,--after sueh upon reconsideration T proceed to the lieutenant governor; to permit the legislature to act on bills vetoed H the bill again passes both houses by a yea and nay vote of of by the governor after adjournment; to place the auditor as a member of the members elected to each house, it shall become a law.- -r 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. the Governor contains several items of appropriations of money,-h-e may AGAINSTD FORD EXECUTIVE ARTICLE REVISION 1 be-w- as 1 PROPOSITION NO. ..t he-ppr- eve I See. 15. Until otherwise provided by law, the Governor, Attorney General and Superintendent of Public Instruction oholl constitute a Board 1 ef all mattcra connected with the State Reform School by4awr ) 09 may be provided two-thir- Sec. 6J 14- The Secretary of State shall keep a record of the official aets of the Legislature and Executive Deportments of the State, and, when required, shall lay the 6ame and all matters relative thereto before either braneh of the Legislature, and shall perform such ether duties-a- s may be - provided by law.l 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. Sec If 15. The State Auditor shall perform financial post audits of Public Accounts, exeept -- a6 otherwise provided by this Constitution, land the State Treasurer shall be the custodian of public and each shall perform such other duties as may-- be moneys law. provided by or items which he declines to approve, together with his reasons therefore, and such item or items shall not take effeet unless passed over 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"? law without a signature; but if legislative adjournment prevents return o? the bill, it shall become a law unless the Governor within twenty days after adjournment files the ob ections 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 reasons therefore, and such item or items shall not take effect unless passed over the Governors objections as provided in this section. If the Governor iroves any bill or item of appropriation after the adjournment sine die of iy session of the Legislature, the presiding officer of each house of that house on the matter of reconvening the poll the members 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 mil or item of appropriation disapproved. If upon reconsideration, the bill or item of appropriation again passes both houses of the Legislature by a yea and nay vote of of the members elected to each house, the bill shall become law or the item of appropriation shall take effecE of the item COMPLETE TEXT OF REVISION OF EXECUTIVE ARTICLE 1979 GENERAL SESSION 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, OR DISABILITY OF THE GOVERNOR AND REMOVAL, ESTABLISHING PROCEDURES CONCERNING SUCH DISABILITY; AMENDING SECTION 13, DELETING THE BOARD OF STATE PRISON COMMISSIONERS AND CHANGING THE COMPOSITION OF THE BOARD OF EXAMINERS AND THE TYPES OF CLAIMS IT MAY CONSIDER; AMENDING SECTION 16, DELETING THE DUTIES OF THE SECRETARY OF STATE AND PROVIDING THE DUTIES OF THE LIEUTENANT GOVERNOR; AMENDING SECTION 17, PROVIDING FOR 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, 12, 21, AND 22, DELETING THE SECRETARY OF STATE; DELETING SECTIONS 14, 15, AND 24; NUMBERING OR RENUMBERING VARIOUS SECTIONS, MODERNIZING CERTAIN MISCELLANEOUS LANGUAGE, AND REMOVING MASCULINE REFERENCES; AND PROVIDING AN EFFECTIVE DATE. 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, f Secretary of State! Lieutenant Governor. State Auditor, State Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning on the first Monday of January next after this election , except that the terms of office of those elected at the the State shall be admitted into the Union, first election and shall end on the first Monday in January, A.D. 1901 The officers of the Executive Department, during their terms of office, shall reside at the scat 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 by law. n . 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. Sec. 3. No person shall To be eligible ted for the office of Governor or Secretary of State Lieutenant Governor unless he a person shall have attained to the age of thirty years at the time of his election rBor-to To be eligible for the office of Attorney General unless hel a person shall, years, be at at the time of election, have attained the age of twenty-fiv- e the time of hia election, and have been admitted to practice! ml before the Supreme Court of the Territory op of the State of Utah 7 nor unless he shall be and be in good standing at the bar at the time of his election. No person shall be eligible to any of the offices provided for in section one of -- Sec. t9 II. The Superintendent of Public Instruction shall perform such duties as maybe provided by law. ftl lfi. The Governor, Secretary of State Lieutenant Governor. Sec. State Auditor. State Treasurer, Attorney General and such other State and district officers as mey-bprovided for by law, shall receive for their services monthly? a compensation as fixed by law. The compensation for said officers as provided in all laws enacted pursuant to this Constitution, shall be in full for all services rendered by said officers, respectively, in any official capacity or employment during their respective terms of office. No such officer shall receive for the performance of any official duty any fee for ( 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. e 1 Sec. 21 Hh 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-Sta- te 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. 22 20.Thcre shall be a seal of the State.-whishall be kept by the Secretary of State, and used by him officially. Stud seal shall be called The Great Seal of the State of Utah.' The present seal of the Territory of ch -- Sec. 10. The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices are established Utah shall be the 6eal 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. 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 eeeur 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 Secretary of - Sec. 11. In -- ease of the death of the Governor, or his impeachment, to discharge the duties - of his office from office-inabi- lity or from the ab3cnse State, the powers and duties of said office resignation, shall devolve upon the Secretary of State, until the disability shall ccase?-o- r until the next general election, when the vacancy shall be filled by election: If, during a vacancy in the office of Gnvernorrthc Secretary of State resign, die or beeome incapable of performing the duties of the office, or be -- displaced, or be absent from the State, the President pro tempore of the Senate shall act ns Governor until the vacancy be filled or the disability cease. While performing the duties of ns in this section President pro tempore of the provided, the Secretary of State, Senate,-- as the case may be, except in eases disability, or shall be entitled to the saiary-anabsense from emoluments of the Governor. In case of the death of the Governor, impeachment. removal from office, resignation, or disability to discharge tne 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 shal' act as Governor until the vacancy is filled or disability ceases. If fn 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 shal 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. c -- the-Stnt- Sec. 12. Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions, , and as may be with such limitations and restrictions as they established by the Legislature, may remit fines and forfeitures, commute' punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to such regulations as may be provided by law, relative to the manner of applying for pardons; but no deem-prope- r 1 -- two-thir- ds 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- - jaw provided by law. j; Sec. ttoUfi. 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. two-third- or--th- Be it resolved by the Legislature of the State of Utah, members elected to each of the two houses voting in favor thereof: -- 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 and the Governor shall not bo eligible for election to the Senate of the United States during the term for which he shall have been elected -- - -- Governor, See: 24. Notwithstanding or special provisions Constitution, the legislature? in order to insure continuity of state and local of emergency resulting from disasters governmental operations caused shall have the power and the immediate duty (1) to provide for prompt and temporary-successioto and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for the powers and duties of such offices, and (2) to adopt sueh carrying-oother measures a6 may be necessary and proper for insuring the continuity of governmental operations including, but not limited to the financing thereof. In the cxcreise of the powers hereby conferred the legislature shall in all respects conform to the requirements of this Constitution except to that in the judgment of the legislature so to do would be impracticable or would admit of undue delay : nny-gene- f-the ral the-powe- rs the-exte- 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 1980 BUDGET SESSION A JOINT RESOLUTION OF THE BUDGET SESSION OF THE 43RD LEGISLATURE OF THE STATE OF UTAH PROPOSING TO AMEND ARTICLE XIII OF THE CONSTITUTION OF THE STATE OF UTAH; RELATING TO REVENUE AND FOR EXEMPTION OF THE PROPERTY OF TAXATION-PROVIDIN- 0 |