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Show i . Lrity jSall &s. Lake) S. MONSON, Lieutenant GovernorSecretary of State of the U.C.A., 1953, as amended, 'tate f Utah, in accordance with Section io he eby cause to be published the existing and amended language of rtic "s Vi! and XIII, Section 3 of Article XVI, and Section 9 of Article VI, md a o the language of the proposed InitiathPetitions, Elimination of 'tate ales Tax on Food and Tax Limitation Act. t, WID 1 IS1 KUCTIONS MOTE FOR READING THE TEXT OF THE PROPOSITIONS successors. Sec. 4. The Governor shall be Commander-in-Chie- f of the military forces State, except when they shall be called in to the service of the United States. He The Governor shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. of the Sec. 5. The executive power of the Stale shall be vested in the Governor. lined-throug- h -2- -- language is the current language in the constitution which is retained without change. This will appear on the ballot summarized as follows : PROPOSITION NO. 1 . . All other (3) 1 Sec. 7. In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he the Governor may think proper Provided, ifit fee is not beyond the time fixed for the convening of the next Legislature. Sec. 8. Every bill passed by the Legislature, before it becomes a law, shall be Dresented to the Governor; if he approve approved, the Governor feel shall sign it, and thereupon it shall become a law; but if he-dnot approve 1 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 , oftcr such upon reconsideration T of h the bill again passes both houses by a yea and nay vote of EXECUTIVE ARTICLE REVISION 2 1 . . Pagina h 1 . de 1980 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 either Legislature at its next regular session, when the Legislature, shalland the pardon, or; commute the sentence, or direct its execution; to the Legislature at each regular session, Governor each case of remission of fine or forfeiture, repreive, commutation or of the pardon granted since the last previous report, stating the name and its sentence the date, was convicted, he the for which 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. Sec. 13. Until otherwise provided by law, the Governor, secretory of State and Attorney General shall conotitutc o Board of State Prison Commissioners, which Board shall have ouch supcrviaion of aH matters connected with the State Prison as may be provided by low. They shall, also; Until otherwise provided by law, the Governor, Attorney General, and State Auditor shah constitute a Board of Examiners, with power to examine all such claims against the State as provided by law exeept 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 Board of Examiners. and acted upon by the The Governor shall see that the laws are faithfully executed of the government, shall transact officers all the with executive business rules the of text the propositions In reviewing the apply: following Underlined words and numbers represent new civil and military, and may require information in writing from the 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 at any time when the Legislative Assembly Legislature is not in session, Example: Sec. 5. The executive power of the State shall be vested in the Governor, may, if hedeem it deemed necessary, appoint a committee to investigate who shall see that the laws are and report to him the Governor upon the condition of any executive office or State Institution. He The Governor shall communicate by message the faithfully executed. condition of the State to the Legislature at every regular sesson, and words or numbers recommend such measures as rhe mav t deem! be deemed expedient. Bracketed and 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 9-1 business except that for which it was especially convened, or such other lfL The Example: Sec. legislative business as the Governor may call to its attention while in Secretary of State 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 as roay-b-e transaction of executive business. provided for by law who 29 fine or forfeiture shall be remitted, and no commutation or pardon open session, after granted, except after a full hearing before the Board, inhas been given. The previous notice of the time and place of such hearing reasons therefore in each the with of the decisions Board, and proceedings 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, m the office of the Secretary of State such officer as provided by law. this article, unless at the time of h election he shall be that person is a qualified elector; voter and shall have been a Resident citizen of the State f-Territory for five years next preceding his election. The state ' ) Octubre Proposed State Constitutional Amendments MUNDQ LATINO STATE OF UTA i I 5 Sec. 14. Until otherwise provided by law, the Governor, atotc Treasurer and - State Auditor - shall constitute a Board of Insane Asylum Commissioners. Said Board shall have such supcrvision-o- f all matters . connected-wittheStatc Insane Asylum as may be provided by law-Sec. o 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 of State within ten days after such objections in the office of other changes in the executive article. adjournment Sundays excepted) or become a law. If any bill presented to the Governor contains several items of appropriations of money, he may FORD AGAINSTD 15. Until otherwise General and Superintendent ney provided by law, the Governor-Attorof Public Instruction shall constitute a Board of Reform School Commissioners. Said Board sholl have such supervision School as may be provided of all matters connected with the State-Refor-m law. by two-thir- in such cose he shall append to the bill ot the time of signing it, a statement of the item or items which hcdcclines to approve, together with his reasons 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 EXECUTIVE DEPARTMENT; AMENDING SECTION 1, 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 SECTION 11, REWORDING THE LANGUAGE USED TO ESTABLISH SUCCESSION TO THE OFFICE OF GOVERNOR IN THE EVENT OF THE DEATH, IMPEACHMENT, RESIGNATION, REMOVAL, OR DISABILITY OF THE GOVERNOR AND ESTABLISHING CONCERNING SUCH PROCEDURES 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 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, 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. Be it resolved by the Legislature of the State of Utah, members electee! to each of the two houses voting in favor thereof: two-thir- Section 1. of all 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. r 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 bis election , except that the terms of offiec-s- f those elected nt the uiTiiuTirc v UlVlI The officers of the Executive Department, during their terms of office, shall reside at-t- he seat of government, where they within the State and shall keep the public records, books and papers as provided by law. They shall perform such duties as are prescribed by this Constitution and as may be prescribed provided by law. . Sec. 2. The officers provided for in section one of this article shall be elected by the qualified cleetors 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 sa.d 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 tor the candidate for Lieutenant Governor. thereforer and such item or items shall not take effect unless passed over the Govcrnor3 objection as 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 bill; 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 any bill or item of appropriation after the adjournment sine die of any session of the Legislature, the presiding officer of each house shall polf the members of that house on the matter of reconvening the 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 solely for the purpose of "reconsidering the bill or item of appropriation 'disapproved. Tf upoii reconsideration; the bill or Item "of appropriation again passes both houses of the Legislature by a yea and nay of the members elected to each house, the bill shall vote of become law or the item of appropriation shall take effect. - two-third- s each-hous- e, two-thir- 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. 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 occur 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 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 case of the death of the Governor, or his impcachmcntT from office, inability to discharge the duties of hia office resignation, or absense from the State, the powers and duties of said office shall devolve upon the Secretary of State, until the disability shall ccase;-oSec. 11. removal of State in the office of resign, die or become incapable of performing the duties of the office, or be displaced, or be absent from the State, the President pro tempore of the during a vacancy Senate-shal- l act Governor;-the-Seerctar- y until the voeaney be filled or the disability Senate, ns the case may be, except in cases of temporary disability, or absense from shall be entitled to the salary and dmoluments of In case of the death of the Governor, impeachment the Governor. 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 resign dies, is removed, or becomes incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or disability ceases. If in this case the President of the Senate resigns, dies, is removed, or becomes incapable of performing the duties of the office, the Speaker of the House the-State- ,- fee-1 Ifee-fete-- e . VVtUt it VI OH Ull pvt ivl ill JUV11 UMWVU V tltwj KV xv.wqw. and shall perform such other duties as may be provided J by law? The State Auditor shall be Auditor perform financial post Public Accounts, except -- as otherwise provided by this Constitution, and the State Treasurer shall be the custodian of public moneys T; and each shall perform such other duties as may be Sec FM audits 15. of - provided by law. Sec. WljLfi. The Attorney General shall be the legal adviser of the State officers, except as otherwise provided by this Constitution, and shall i' perform such other duties as maybe provided by law. Sec. 19 17- - The Superintendent of Public Instruction shall perform such by law. duties as may be provided Sec. 29l 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 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 this fees fixed by. taw. for the performance by either of, theovof shaltbe1 collected in advanefe ahd deposited with'lhe 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. . Sec. 211 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 20 There shall be-- seal of the State, which shall be kept by the him officially. Said seal shall Secretary of State, and used-bThe Great Seal of the State of Utah. The present seal of the Territory ef 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 the1 State of Utah, and shall be kept by such officer as provided by law. d Sec. 28121. 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 be eligible for election e Senate of the United States during the term for which he shall have been elected to-th- Governor, See:-24- . Notwithstanding any general or special provisions of the Constitution, the legislature,- in order to insure continuity of state and operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty ( I 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-fo- r the powers and duties of such offices, and (2) to adopt such carrying-oother measures be necessary and proper for insuring the continuity operations including, but not limited to the financing thereof.-Ithe exercise of the powers hereby conferred the legislature shall in all respects conform to the requirements of this Constitution exeept to the extent that in the judgment of the legislature so to do would be impracticable or would admit of undue delay. l n as-ma- n 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. Go1 pr 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 transrnitted to the Supreme Court by the Governor stating an inability to discharge the powers and duties of the office or b a majority of the Supreme Court on joint request of the President of ie 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 2 REVENUE AND TAXATION ARTICLE REVISION i 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. FORQ Governor. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section. for the office of Governor or Sec. 12. Until otherwise provided by law, the Governor, Justices of the a person shall have Lieutenant Governor ariess-fe-e ittained4e 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 tat his electionC andtiave been admitted to practice! m before the established by the Legislature, may remit fines and forfeitures, commute Supreme Court ef the Territory or of the State of Utah , nor unless he punishments, and grant pardons after convictions, in all cases except shah-feand be' in good standing at the bar at the time of his election No treason and impeachments, subject to such regulations as may be 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 person Xu.be eligible The Secretary of State shall keep a record of the official W1 14 a Sec. 10. The Governor If, Sec. 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 TAXATION; PROVIDING FOR EXEMPTION OF THE PROPERTY OF - v ; |