OCR Text |
Show ( THE CITIZEN THURSDAY, SETT. 2f, 197 Pirpsedl Clhxsnniges Cmirlblle imdl BALT LAKE CITY 1, ct 197-- Dear Fellow Citizens: The Legislature of the State of Utah has entrusted me with the responsibility for publishing the following Propositions, which relate to changes in the Constitution of the State of Utah. In the beginning of the body of each Proposition has been set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot on November 5, 1974 together with a copy of the present constitutional provision. Because of the very serious nature of these Propositions which your State Legislature has caused to he placed before you. 1 urge that each of you study the text of the Propositions in full. 1 urge you to consult with your friends, neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision. disability Sincerely, two-thir- CLYDE L. MILLER Secretary of Slate Proposed Amendment PROPOSITION NO. l EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT GOVERNOR;TO THE SECREDELETE TARY OF STATE AS A OFCONSTITUTIONAL FICER; TO ALLOW THE STATE AUDITOR AND STATE TREASURER TO RUN FOR REELECTION TO THEIR RESPECTIVE OFFICES: TO PERMIT THE LEGISLATURE TO ACT ON BILLS VETOED BY THE GOVERNOR AFTER ADJOURNMENT: TO PLACE THE STATE AUDITOR IN LIEU OF THE SECRETARY OF STATE ON THE BOARD OF EXAMINERS: TO REQUIRE THE BOARD OF EXAMINERS TO EXAMINE ONLY UNLIQUIDATED CLAIMS: AND TO MAKE OTHER CHANGES THE IN EXECUTIVE ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Re is resolved by the Legislature of the Stale of Utah, s of all members elected to each of the two houses voting in favor there-of- : two-third- litical 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 running jointly with him. Section 3. Eligibility qualifications. No person shall be eligible to the office of Governor or Lieutenant Governor unless he shall have attained to the age of thirty years at the time of his election, nor to the office of Attorney General unless he shall have attained the age of twenty-fiv- e years at the time of his election, and have been admitted to practice in the Supreme Court of the State of Utah, nor unless he shall 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 this article, unless at the time of his election he shall be a qualified voter, and shall have been a resident citizen of the State for five years next preceding his election. Section 4. Comander-in-chieThe Governor shall f. be Comander-in-Chie- f of the military forces of the state, except when they shall be called into the service of the United States. He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: 1. Section 1. Elective constitutional officers. The elective constitutional officers of the Executive Department shall consist of Governor, 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 his election. The officers of the Executive Department, during their terms of office, shall reside within the State and shall keep the public records, books and papers at the scat of government. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law. Section 2. Election of constitutional officers. The officers provided for in section one of this article shall be elected by the qualified 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 !c elected but if two or more shall have an equal and the highest number of vote.; 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 id office. - In the election, the names of the candidates fur Governor and Lieutenant Governor for each po Section 5. Executive power. The executive power of the State shall be vested in the Governor, who shall see that the laws are faitfully executed. He 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 may at any time when the Legislature is not in session, may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or State Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may deem expedient. Section 6. Convening of the legislature on extraordinary occasions. 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 business except that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the ds i two-thir- ds two-thir- Section in extraordinary session for the transaction of executive business. State df Utah rricc or the ecuctahv or state ds Utelhrs CimsDiuiDim the Secretary of State, unjA the disability shall ceaflT or until the next gesCJ election, when the vaMKjr shall be filled by election. If, during a vacancy in the office of Governor, the Sec- -' retary of State 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 Senate shall act as Governor until the vacancy be filled or the disability cease. While performing the duties of the Governor as in this section provided, the Secretary of State, or the President pro tempore of the Senate, as the case may be, except in cases of temporary disability, or absence from the State, shall be entitled to the salary and emoluments of the Governor. Preseirott impeachment, removal from office, resignation, absence from the state, or disability to discharge the Section 7. Adjournment duties of the office, or in of the legislature. In case case of a Governor-eleof a disagreement between who fails to take office, the two houses of the Legthe powers and duties of islature at any special sesthe Governor shall devolve sion, with respect to the upon the Lieutenant Govthe of time adjournment, ernor until the absence or Governor shall have power disability ceases or until to adjourn the Legislature the next general election, to such time as he may when the vacancy shall be think proper: Provided, it filled by election. If, durbe not beyond the time ing a vacancy in the office fixed for the convening cf of Governor, the Lieutenthe next Legislature. ant Governor resigns, dies, Section 8. Procedure for is displaced, is absent from the State, or becomes inbills passed by the legislature. Every bill passed by capable of performing the the Legislature, before it duties of the office, the becomes a law, shall be President of the Senate presented to the Governor; shall act as Governor until if he approves, he shall the vacancy is filled or the sign it, and thereupon it absence or shall become a law; but if ceases. If in this case tho he disapproves, he shall re- President of the Senate return it with his objections signs, dies, is displaced, is to the house in which it absent from the State,' or originated, which house becomes incapable of pershall enter the objections forming the duties of the at large upon its journal office, the Speaker of the and proceed to reconsider House shall act as Governor until the vacancy is the bill. If upon reconsideration it again passes filled or the absence or disboth houses by a yea and ability ceases. While perof forming the duties of the nay vote of the members elected to Governor as provided in each house, it shall become this section, the Lieutena law. If anv bill is not ant Governor, the Presireturned by the Governor dent of the Senate, or the within five days after it Speaker of the House as has been presented to him. the case may be, shall be entitled to the salary and Sunday and the day he received it excepted, it shall emoluments of the Govbecome a law without his ernor, except in cases of signature; if legislative temporary disability or abadjournment prevents re- sence from the state. turn of the bill, it shall beThe disability of the come a law unless the Governor within twenty days Governor or person acting after adjournment files his ' as Governor shall be dewith termined by a majority of objections thereto such officers as provided the Supreme Court on joint by law. The Governor may request of the President of disapprove any item or the Senate and the Speaker of the House of Representitems of appropriation contained in any bill while atives. Such determination approving other portions of shall be final and concluthe bill; in such case he sive. The Supreme Court shall append to the bill at shall upon joint request of the time of signing it, a the President of the Senate statement of the item or and the Speaker of the House of Representatives, items which he disapproves, together with his upon request of the Govreasons therefor, and such ernor, or upon its own determine if and item or items shall not take effect unless passed over when the disability ceases. the Governors objections The Supreme Court has exclusive jurisdiction to de-as provided in this section. termine all questions aris-- . If the Governor disapt proves any bill or item of ing under this section. appropriation after the adSection 12. Board or parjournment sine die of any dons. Until otherwise prosession of the Legislature, by law, the Governthe presiding officer of vided justices of the Supreme each house shall poll the or, Court and Attorney Genmembers of their respeceral shall constitute a tive houses on the matter Board of Pardons, a Maof reconvening the Legislaof whom, including ture. If of the jority the Governor, upon such members of each house arc and with such in favor cf reconvening, conditions, limitations and restrictions the Legislature shall be as they deem proper, may convened in a session not remit fines to exceed five calendar commute and forfeitures, punishments, and a set at and time days after congrant pardons jointly by the presiding victions, in all cases exofficer of each house, solecept treason and impeachly for the purpose of reconments, subject to such regsidering the bill or item cf ulations as may be providaopropration disapproved. ed by law, relative to the If upon reconsideration, manner of applying for the bill or item of appropardons; but no fine or forpriation again passes both feiture shall be remitted, houses cf the Legislature and no commutation or by a yea and nay vote of pardon granted, except of the members before after a full elected to each house, the the Board, inhearing session, open bill shall become law or after previous notice of the the item of appropriation time and place of such shall take effect. hearing has been given. Section 9. Vacancies of, The proceedings and destate or district office. cisions of the Board, with When any State or district the reasons therefor in office shall become vacant, each case, together with and no mode is provided by the dissent of any member ' the Constitution and laws who may disagree, shall be for filling such vacancy, reduced to writing, and the Governor shall have filed with all papers used the power to fill the same upon the hearing, in U19 by granting a commission, office of such officer ns which shall expire at the provided by law. next election, and upon The Governor shall have qualification of the person power to grant respites or elected to such office. reprieves in all cases of Section 10. State and convictions for offenses district officers. The Gov- against the State, except ernor shall nominate, and treason or conviction on by and with consent of the impeachment; but such resSenate, appoint all State or reprieves shall not and district officers whose pites extend beyond the next offices are established by session of the Board of this Constitution, or which Pardons; and such Board, may be created by law, and at such session, shall conwhose appointment or electinue or determine such tion is not otherwise proor reprieve, or they vided for. If, during the respitecommute the punishmay recess of the Senate, a vacment, or pardon the ofin or occur State ancy any fense as herein provided. district office, the GovernIn case of conviction for or shall appoint some qualthe Governor shall treason, ified person to discharge have the to suspend the duties thereof until execution power of the sentence, the next meeting of the until the case shall be reSenate, when he shall ported to the Legislature nominate some person to at its next session, when fill such office. If the ofthe Legislature shall either fice ef Lieutenant Governpardon, or commute the or, Stale Auditor. State sentence, or direct its exor Treasurer Attorney lie shall communiGeneral be vacated by ecution; cate to the Legislature at death, resignation or other- cacli session, each wise, it shall be the duty case ofregular remission of fine or of the Governor to fill the same by appointment, and forfeiture, reprieve, comthe appointee shall hold mutation or pardon granthis office until his successor ed since the last previous report, stating the name of shall be elected and qualithe convict, the crime for fied as may lx by law prowhich he was convicted, vided. the sentence and its dale, the date of remission, comSection 11. Succession of office. In case of the mutation, pardon or redeath of the Governor, his prieve, with the reasons Senate September Dim for granting the same, and the objections, if any, of any member of the Board made thereto. Section 13. Board of examiners. Until otherwise provided by law, the Governor, Attorney General and State Auditor shall constitute a Board of Examiners, with power to examine all unliquidated claims against the State except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law; and no unliauidated 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 ucon by the said Board of Examiners. Present Provision EXECUTIVE ARTICLE Section 1. Executive deTerms, resipartment dence, and duties of officers.) The Executive Department shall consist of of Governor, Secretary State, 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 his election, except that the terms of office of those elected at the first election shall begin when the State shall be admitted into the Union, and shall end on the first Monday in January, A.D. 1901. The officers of the Section 14. Lieutenant Executive Depart ment, Duties. The during their terms of ofgovernor Lieutenant Governor shall fice, shall reside at the seat serve on all boards and com- of government, where they missions in lieu of the Govshall keep the public recernor whenever so desigords, books and papers. nated by the Governor, They shall perform such shall perform such duties duties as are prescribed by as may be delegated to him this Constitution and as by the Governor, shall demay be prescribed by law. vote his full time to his (As amended November 7, duties, and shall perform 1950, effective January 1, such other duties as may 1951.- ) be provided by law. Section 2. Election Section 15. State auditor. Tie, legislature to elect.l The State Auditor shall be The officers provided for Auditor of Public Acin section one of this artcounts, and the State icle shall be elected by the Treasurer shall be the cusqualified electors of the todian of public moneys, State at the time and place and each shall perform of voting for members of such other duties as may the Legislature, and the be provided by law. persons respectively having the highest number of Section 16. Attorney votes cast for the office The Attorney voted for shall general. be elected; General shall be the legal but if two or more shall advisor of the State officers, except as otherwise have an equal and the highest number of votes provided by this Constitu.for any one of said offices, shall and tion, perform such other duties as may the two houses of the Legislature, at its next regube provided by law. lar session, shall elect Section 17. Superintendforthwith by joint ballot ent of Public Instructions. one of such persons for of said office. The Superintendent Public Instruction shall Section 3. Qualificaperform such duties as may tions of governor and other be provided by law. No executive officers.1 Section 18. Compensaperson shall be eligible to tion. The Governor, Lieutthe. office cf Gqvernor or enant-. Governor,. '.State Secretary of . State ,'unless Auditor, State Treasurer, he shall have attained to Attorney General and such the age of thirty years at other State and District of- the time of his election, nor ficers as may be provided to the office of Attorney for by law, shall receive General unless he shall for their services monthly, have attained the age of a compensation as fixed by twenty-fiv- e years at the law. time of his election, and The compensation for have been admitted to said officers as provided in practice in the Supreme all laws enacted pursuant Court of the Territory or to this Constitution, shall of the State of Utah, nor be in full for all services unless he shall be in good rendered by said officers, standing at the bar at the of his election. No respectively, in any official time shall be eligible to person or employment capacity of offices provided the any during their respective terms of office. No such for in section one of this officer shall receive for the article, unless at the time his election he shall be performance of any official of a qualified elector, and duty any fee for his own shall have been a resident use, but all fees fixed by of the State or Tercitizen law for the performance for five years next by either of them of any ritory preceding his election. The official duty, shall be colState Auditor and State delected in advance and Treasurer shall be posited with the State ible to election as ineligtheir Treasurer monthly to the credit of the State. The own successors. Legislature may provide Governor Section 4. for the payment of actual commander-in-chieThe and necessary expenses of Governor shall be said officers while travelof the ing in the performance of military forces of the State, official duty. except when they shall be Section 19. Grants and called into the service of All grants the United States. He shall commissions. and commissions shall be have power to call out the in the name and by the militia to execute the laws, suppress insurrection, or authority of the State of to Utah, sealed with the to repel invasion. Great Seal of the State, Duties of Section 5. signed by the Governor, Governor. The Governor and countersigned by such shall see that the laws are officer as may be provided faithfully executed; he shall transact all executive by law. Section 20. The Great business with the officers Seal of the State of Utah. of the government, civil There shall be a seal of and military, and may rethe State which shall be quire information in writcalled The Great Seal of ing from the officers of the the State of Utah, and Executive Department, and shall be kept by such of- from the officers and managers of State Institutions ficer as provided by law. upon any subject relating Section 21. Conflicting to the condition, manageNo person, while ment, and offices. of their holding any office under respective expenses instioffices and the United States' governand at any time tutions, office hold shall ment, any when the Legislative Asunder the State governis not in session, sembly ment of Utah. may, if he deem it necesSection 2. Submission sary, appoint a committee of amendment to electors. to investigate and report to The Secretary of State is him upon the condition of directed to submit this proany executive office or posed amendment to the State Institution. Hu shall electors of the State of communicate by message Utah at the next general the condition of the State election in the manner proto the Legislature at every vided by law. regular session, and recomSection 3. Effective date. mend such measures as he If approved by the electors may deem expedient. of this state, this amendof Section 6. ment shall take effect on extra sessionsConvening of legislaOn extraordinary January 3. 1977, except as ture. follows: All candidates for occasions, the Governor the state offices provided may convene the Legislain this amendment shall ture by proclamation, in stand for election to these which shall be stated the offices under the provipurpose for which the Legsions of this amendment islature is to be convened, during the election year of and it shall transact no legislative business except f. that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however,' may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamaton convene the Senate in extraordinary session for the transaction of executive business. 7. Section Adjournment of legislature by governor. 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 may think proper: Provided, it be not beyond the time fixed for the convening of the next Legislature. Section 12. Board uf pardons Respites and reprieves. 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 with such limitations and restrictions as they deem proper, 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 fine or forfeiture shall be remitted, and no commutation or pardon granted, except after a full hearing before the Board, in open session, after previous notice of the time and place of such hearing has been given. The proceedings and decisions of the Board, with the reasons therefor in each 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. Section 8. Bills presented to governor Veto bills. Appropriation Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his 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 reit again consideration, passes both houses by a yea and nay vote of of the members elected to each house, it shall become a law, notwithstanding the Governors objections. If any bill be not returned within five days after it shall have been presented to him. (Sunday and the day on which he received it excepted,) the same shall be a law in like manner as 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 two-thir- ds 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 iSflCTBri .ot rstate:f(withi,4q days after such adjourn- .MrXj ment (Sundays excepted) or become a law. If any bill presented to the Governor contains several items of appropriations of money, he may object to one or more such items, while approving other portions of the bill; in such case he shall append to the bill at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governors objection as in this section provided. Section 9. Governor may fill certain vacancies.) 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 qualificaton of the person elected to such office. Section 10.. Governors Vacanappointive power cies.) 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 occur 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 shall nominate some person to fill such office. If the office of Secretary of State, 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, and the appointee shall hold his office until his successor shall be elected and qualified, as may be by law (As amended provided. November 7, 1944, effective January 1, 1945; November 7, 1950, effective January 1, 1951.) Section 11. Vacancy in office of governor.) In case of the death of the Gov- ernor, or his impeachment, removal from office, inability to discharge the duties of his office, resignation, or absence from the State, tho powers and duties of said office shall devolve upon f at such session, shall continue or determine such respite or reprieve, or thej may commute the punishment, or pardon the offense as herein provided In case of conviction foi treason, the Governor shall have the power to suspend execution of the sentence until he case shall be reported to the Legislature at its next regular session when the Legislature shall either pardon, or commute the sentence or direct it execution; he shall communicate to the Legislature at each regular session each case of remission oJ fine or forfeiture, reprieve commutation or pardor granted since the last previous report, stating the name of the convict, the crime for which he wai convicted, the sentence anc its date, the date of remission, commutation, pardoi or reprieve, with the rea sons for grantng the same and the objections, if any of any member of the Board made thereto. , Section 13. State Prisoi Commissioners Board o Examiners. Until other wise provided by law, the o: Governor, Secretary State and Attorney Gener al shall constitute a Boare of State Prison Commis sioners, which Board shal have such supervision o; all matters connected witl the State Prison as may b provided by law. Thcj shall, also, constitute i Board of Examiners, witl power to examine al claims against the State ex cept salaries or compensa tion of officers fixed bj law, and perform sucl other duties as may be pre scribed by law; and m claim against the State, ex cept for salaries and com pensation of officers fixei by law, shall be passed up on by the Legislature with out having been considera and acted upon by the sail Board of Examiners. Section 14. Insane Asy lum Commissioners. Unti otherwise provided by law the Governor, State Trcas urer and State Audito shall constitute a Board o Insane Asylum Commis sioners. Said Board shal have such supervision o all matters connected witl the State Insane Asylum a may be provided by law. Section 15. Refer, school commissioners, Ur til otherwise provided b Present Pivvisions Cont. ' |