OCR Text |
Show r Thursday, September 19, 1974 mistitytDOini s 01m rad Comparable PVeserat Provisions Senate State df Utah OFFICE OF THE SECRETARY OF STATE 1, Section 1971 Ihar 1'lIIhu Citizens: 'I'hv Legislature of the State of Utah nt rusted we with the ref ponsibility for ha r pub-l- i thing the foil oiling Propositions, uhith r of lb: to hinges in the Constitution St. lie sf Utah. In the beginning of the boils of each Piopo-siliobus hien set forth the Ballot Title of tin Piopooton it ' it will uppeur on the General P.leition Ballot on X 01 ember 5, 197 together uilh a op ) of the present constitutional Because of the eery serious nature of which your State Legislathese Propositions be causal has to ture placed before you. I urge that cash of you study the text of the Pioposi-tionI. ilt n pro-lisio- s in full. urge you to consult uith your fiienJs. neighbors and local civic leaders in older that yon way gain all infointaiou ueu.ssary to muhr a just and wise decision. I Sincere y. PROPOSITION NO. 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. 1 EXF.ClTIYE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEU-TEANT 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 GOVERNOR THE BY AFTER ADJOURNMENT; TO PLACE THE STATE AUDITOR IN LIEU OF OF SECRETARY THE STATE ON THE BOARD OF EXAMINERS; TO REQUIRE THE BOARD OF EXAMINERS TO EXAMINE ONLY UNLIQUIDATED CLAIMS: AND TO N MAKEOTHERCHANGES IN THE EXECUTIVE ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING I 'LACE AND BOOTH.) n is lesolted by nine of the Stale of all elttliJ tn 1. nh of hiisti inling in fat lun-thiij- tin Ltg-'t!- . of I'lab. inaubirs the tun or 1 lure et.- Section 1. Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: 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 seat 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 Unpersons respectively having the highest number of votes cast for the office voted for shall be elected-buif 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 po 7. Adjournment islature 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 cf the next Legislature. Section 8. Procedure for bills passed by the legislature. Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approves, he shall sign it, and thereupon it shall become a law; but if he disapproves, he shall return it with his objections to the house in which it which house originated, shall enter the objections at large upon its journal and proceed to reconsider the bill. If upon reconsideration it again passes both houses by a yea and of nay vote of the members elected to each house, it shall become a law. If anv bill is not returned by the Governor within five days after it has been presented to him. Sunday and the day he received it excepted, it shall become a law without his if legislative signature; adjournment prevents return of the bill, it shall become a law unless the Governor within twenty days after adjournment files his with thereto objections such officers as provided by law. The Governor may disapprove any item or items of appropriation contained in any bill 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 disapproves, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governor's objections as provided in this section. disap-billIf 'the Governor two-thir- CLYDE L. MILLP.R Snietary of State Proposed Amendment extraordinary of the legislature. In case of a disagreement between the two houses of the Leg- SALT LAKE CITY September in session for the transaction of executive business. 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 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. f. 5. Section 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 bo 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 1 ordtem-O- impeachment, removal from office, resignation, absence from the state, or disability to discharge the duties of the office, or in case of a Governor-elec- t who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the absence or disability ceases or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Lieutenant Governor resigns, die.-- , is displaced, is absent from the State, 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 the absence or disability ceases. If in this case the President of the Senate resigns, dies, is displaced, is absent from the State, or becomes incapable of performing the duties of the office, the Speaker of the House shall act as Governor until the vacancy is filled or the absence 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 he, shall be entitled to the salary and emoluments of the Govs of ernor, except in temporary disability or absence from the state. ca-e- The disability of the Governor or person acting as Governor shall be determined by a majority of the Supreme Court on joint request of the President of the Senate and the Speaker of the House of Represent atives. Such determination shall be final and conclusive. The Supreme Court shall upon joint request of the President of the Senate and the Speaker of the House of Representatives, upon request of the Governor, or upon its own determine if and when the disability ceases. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section. appropriation after the adjournment sine die of any session of the Legislature, the presiding officer of each house shall poll the members of their respective houses on the matter of reconvening the Legislature. If of the members of each house arc in favor cf reconvening, the Legislature shall be convened in a session no1 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 item of aopropration disapproved. If upon reconsideration, the bill or item of appropriation again passes both houses cf 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 effect. Section 12. Board of pardons. 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 granted, except pardon after a full hearing before the Board, in open session, after previous notice of the time and place of such hearing has been given. Section 9. Vacancies of The proceedings and decisions of the Board, with state or district office. the reasons therefor in When any State or district each case, together with office shall become vacant, and no mode is provided by the dissent of any member be the Constitution and laws who may disagree, 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 the office of such officer as by granting a commission, which shall expire at the provided by law. next election, and upon The Governor shall have qualification of the person power to grant ri spites or elected to such office. reprieves in all oases of Section 10. State and convictions for offenses district officers. The Govthe State, except ernor shall nominate, and against treason or conviction on by and with consent of the impeachment, but such resSenate, appoint all State pites or reprieves shall not and district officers whose 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 respite commute the punishmay recess of the Senate, a vacment. or pardon the ofancy occur in any State or fense as herein provided. district office, the GovernIn case of movie jon for or shall appoint some qualtreason, the Governor shall to ified person discharge have the power to the duties thereof until execution of the suspend sentence, the next meeting of the until the case si,a)i 1)0 rc Senate, when he shall ported to the legislature nominate some person to at its next session, vvhon fill such office. If the ofthe Legislature shall c'ithcr fice of Lieutenant Governpardon, or commute the or, State Auditor, State sentence, or dwict its exTreasurer or Attorney ecution, he shall com muni-cat- e General be vacated by to the I.eg.slatnre at death, resignation or othereach regular be the duty case of remission of each wise, it shall fine or of the Governor to fill the forfeiture, same by appointment, and mutation or retrieve, comgrantthe appointee shall hold ed since the pardon t previous his office until his successor report, stating th,- name of shall be elected and qualithe convict, the crime for fied as may be by law prowhich he was convicted. vided. the sentence and its date, Section 11. Succession the date of remission, comof office. In case of the mutation, pardon or rc death of the Governor, his prieve, with the reasons two-thir- two-thir- ia-- for granting the same, and the objections, if any, of any member of the Board made thereto. Present Provision Section 13. Board of examiners. Until otherwise EXECUTIVE ARTICLE provided by law, the GovSection 1. Executive deernor, Attorney General Terms, resiand State Auditor shall partmentand duties of offic-ers- .l dence, constitute a Board of ExDeThe Executive exto aminers, with power shall consist of partment all amine unliquidated of Governor, Secretary claims against the State exState Auditor, State State, cept salaries or compensaTreasurer, and tion of officers fixed by ' General, each ofAttorney whom and such perform law, shall hold his office for as other duties may be four years, beginning on prescribed by law; and no the first Monday of Januunliquidated claim against ary next after his election, the State, except for salexcept that the terms of aries and compensation of office of those elected at officers fixed by law, shall the first election shall bebe passed upon by the Legwhen the State shall islature without having gin be admitted into the Union, been considered and acted and shall end on the first ucon by the said Board of Monday in January, A.D. Examiners. 1901. The officers of the Executive Department, Section 14 Lieutenant Duties. TI10 during their terms of ofgovernor Lieutenant Governor shall fice, shall reside at the seat of government, where they serve on all boardsand commissions in lieu of the Govshall keep the public recernor w'henever 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 tills 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 13. State auditor. Tie, legislature to elect.l The State Auditor shall he The officers provided for Auditor of Public Acin section one of this artcounts, and the Stale icle shall be elected by the Treasurer shall be the cusqualified electors of the todian cf 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 16. Section Attorney votes cast for the office The Attorney general. General shall be the legal voted for shall be elected: but if two or more shall advisor of the State offichave an equal and the ers. except as otherwise highest number of votes provided by this Constitufor any one of said offices, tion. and shall perform two houses of the Legthe as duties other such may islature. at its next regube provided by law. shall elect lar session, Section 17. Superintendforthwith by joint ballot ent of Public Instructions. one of such persons for of said office. The Superintendent shall Public Instruction Section 3. Qualificaperform such duties as may tions of governor and other be provided by law. No executive officers.! person shall be eligible to Section 18. Compensathe office cf Governor or tion. The Governor, Lieutenant Governor, State Secretary of State unless he shall have attained to Auditor, State Treasurer, Attorney General and such the age of thirty years at ofother State and District 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 Court of the Territory or all laws enacted pursuant to this Constitution, shall of the Stale 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 person shall be eligible to capacity or employment any of the offices provided their respective during 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 elector, and duty any fee for his own shallqualified been a resident have use, but all fees fixed by citizen of the State or Terlaw for the performance five years next by either of them of any ritory for his election. The preceding official duty, shall be colState Auditor and State lected in advance and deposited with the State Treasurer shall be ineligTreasurer monthly to the ible to election as their credit of the State. The own successors. Legislature may provide Governor Section 4. for the payment of actual commander-in-chief- . The 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 the United States. He shall All grants commissions. and commissions shall be have power to call out the in the name and by the militia to execute the laws, authority of the State of to suppress insurrection, or Utah, sealed with the to repel invasion. Great Seal of the State, Duties of Section 5. The Governor signed by the Governor, Governor. such and countersigned by shall see that the laws are officer as may be provided he executed; faithfully 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 from the officers and manshall be kept by such ofagers of State Institutions ficer as provided by law. upon any subject relating Section 21. Conflicting to the condition, manageoffices. No person, while ment, and expenses of their holding any office under respective offices and instithe United States governtutions, and at any time ment, shall hold any office when the Legislative Asunder the State governsembly is not in session, ment of Utah. may, if he deem it necesSection 2. Submission sary, appoint a committee of amendment to electors. to investigate and report to Tiie Secretary of State is him upon the condition of directed to submit this proany executive office or posed amendment to the State Institution. He shall electors of the State of communicate by message Utah at the next general the condition of the State to the Legislature at every election in the manner provided by law. regular session, and recommend such measures as he Section 3. Effective date. may deem expedient. If approved by the electors of this state, this amendSection 6. Convening of ment shall take effect on extra sessions of legislaOn extraordinary January 3, 1977. except as ture. follows: All candidates for occasions, the Governor the stale offices provided may convene the Legislain this amendment shall ture by proclamation, in stand for election to these which shall be stated the purpose for which the Legoffices under the proviislature is to be convened, sions of this amendment during the election year of and it shall transact no legislative business except 1976. 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 of executive transaction 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. the Secretary of State, until the disability shall cease, or until the next general election, when the vacancy shall be filled by election. If. during a vacancy in the office of Governor, the Secretary of State resign, die or become incapable of performing the duties of the office, or he displaced, or he absent from the State, the President pro tempore of the Senate shall act as Governor until the vacancy be filled or the disability While performing cease. 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 he. except in cases of or temporary disability, absence from the State, shall be entitled to the salary and emoluments of the Governor. Board of Section 12. Respites and pardons 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, Section 8. Bills presented to governor Veto bills. 1 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 which house originated, shall enter the objections in open session, after preat large upon its journal vious notice of the time and proceed to reconsider and place of such the bill. If, after such rehearing has been given. The proit consideration, again ceedings and decisions of passes both houses by a the Board, with the reas yea and nay vote of sons therefor in oacli case, of the members together with the dissent elected to each house, it of any member who may shall become a law, notdisagree shall be reduced withstanding the Governto writing, and filed with or's objections. If any bill all paters used upon the be not returned within five hearing in the office of the days after it shall have been presented to him. Secretary of State. I (Sunday and the day on The Governor shall have which he received it expower p grant respites or cepted,) the same shall be in all cases of repriev a law in like manner as if convictions for offenses he had signed it, unless the against the State, except Legislature by its final adtreason or conviction on journment prevent such reimcac!imenl; but such resturn, in which case it shall pites or reprieves shall not be filed with his objections exend beyond the next in the office of the Secretary of State within ten sesion of the Board of 'Etrdons; and si(rh poard,' days after such adjourn1t!th- ' h ment (Sundays excepted)" a 'such session, tnue 6r determine sudvl'l'lj or become a law. If any rspite or reprieve, or they bill presented to the Govnay commute the punish-- 1 several ernor contains items of appropriations of nent, or pardon the offense as herein provided. money, he may object to Ii case of conviction for one or more such items, teason, the Governor shall while approving other porlive the power to suspend tions of the bill; in such case he shall append to the e:ecution of the sentence, uitil fhe case shall be rebill at the time of signing ported to the Legislature it, a statement of the item a its next regular session, or items which he declines wien the Legislature shall to approve, together with elher pardon, or commute his reasons therefor, and tie sentence or direct its such item or items shall e:ecution; he shall not take effect unless to the Legislature passed over the Governors each a regular session, in as this section objection each case of remission of provided. fne or forfeiture, reprieve, Section 9. Governor (ommutation or pardon may fill certain vacancies.l ranted since the last preWhen any State or district vious report, stating the office shall become vacant, name of the convict, the and no mode is provided by crime for which he was the Constitution and laws convicted, the sentence and for filling such vacancy, its the date of remisthe Governor shall have sion,date, commutation, pardon the power to fill the same or reprieve, with the reaby granting a commission, sons for grantng the same, which shall expire at the and the objections, if any, next election, and upon of member of the any qualificaton of the person Board made thereto. elected to such office. Section 13. State Prison Section 10. Governors Commissioners Board of Vacanappointive power Until othercies.l The Governor shall Examiners. wise provided by law, the nominate, and by and with of Governor, consent of the Senate, apSecretary State and Attorney Generpoint all State and district officers whose offices are al shall constitute a Board of State Prison Commisestablished by this Constitution, or which may be sioners, which Board shall have such supervision of created by law, and whose appointment or election is all matters connected with the State Prison as may be not otherwise provided for. provided by law. They If, during the recess of the Senate, a vacancy occur in shall, also, constitute a Board of Examiners, with any State or district office, all the Governor shall appoint power to examine claims against the State exsome qualified person to discharge the duties thereof cept salaries or compensauntil the next meeting of tion of officers fixed by law, and perform such the Senate.-whehe shall nominate some person to other duties as may be prescribed by law; and no fill such office. If the ofclaim against the State, exfice of Secretary of State. cept for salaries and comState Auditor, State Treasurer or Attorney General pensation of officers fixed be vacated by death, resigby law, shall be passed upon by the Legislature withnation or otherwise, it shall out having been considered be the duty of the Governand acted upon by the said or to fill the same by apBoard of Examiners. pointment, and the appointee shall hold his ofSection 14. Insane Asyfice until his successor lum Commissioners. Until shall be elected and qualiotherwise provided by law, fied, as may be by law the Governor, State Treas(As amended provided. urer and State Auditor November 7, 1944, effecshall constitute a Board of tive January 1, 1945; NoInsane Asylum Commisvember 7, 1950, effective sioners. Said Board shall January 1, 1951.) have such supervision of Section 11. Vacancy in all matters connected with office of governor.l In case the State Insane Asylum as of the death of the Govmay be provided by law. ernor, or his impeachment, removal from office, inabil15. Section Reform ity to discharge the duties school commissioners. Unof his office, resignation, or til otherwise provided by absence from the State, the powers and duties of said Present Prm isions Cont. office shall devolve upon two-third- te |