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Show Utah's Cin)stiDtatiiin) Present IProvosopinis IPirp$edl Clhirages U Cmprable BTid Scnute extraordinary xession for the transaction State of Utah of orricc or tmc aecCTAv or state SALT LAKE CITY Sep' ember I. 197 7 i Citium: l.t J.ltll c Ilf I It Sf.lt? Ilf L t.lh h.it uith l lt r, tpniiibiltt fm J iiti th I. ih- - i '(" he Ph.ir 11 g pub-hihin- 1 hi. 1 - fullnuing Pinpuutimit. (.omtititiiif of th tb.mgtt In it 1 i- State nf It.ih. In the bt ginning nf ibt buj i i.f t.nh Pmpn. iitinit h.n bun Sit f mil tbi li.Jbit 7 .e nf th, iijvti',n at it uiU apptar tin the GtiHt.il llttlimi lit! bit nil Stl t nti'n I 5, 197 i Ingtlbt tilth ,t inj if the pi t nl inintitiitiiin.il Hum? nf th e in t Siiinnt n.it m e nf iht'U' Pinpniitinm uhiih nnr St. itc LegiJa-tuI'.n i.mu.l tn be pl.nt.1 btfmc nu. nig: lh.it t,nh nf )nu sti.l) the ItM nf tin Pi npnti-limiin full. i. pm-titim- n t mge you tn mmnlt uith )m,r finn.l. V lu.lt.it in itighbnn ,mJ In.,I mjtr th.it ) mi in. n g.iin nil infm in.ilimi ih tar) n n.lt r ,i jmt an.l nhe Jt titimi. I Si nurd). Proposed Amendment PROPOSITION NO. 1 EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT GOVERNOR ;TO THE SECRE-TARDELETE 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 BY THE AFTER ADJOURNMENT; TO PLACE THE STATE AUDITOR IN LIEU OF OF THE SECRETARY STATE ON THE BOARD OF EXAMINERS: TO REQUIRE THE BOARD OF EXAMINERS TO EXAMINE ONLY UNLIQUIDATED CLAIMS; AND TO MAKEOTHERCHANGES THE IN EXECUTIVE ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is tenth by the Leg-'isit me of the S.ile of Utah, tuo-- l birds of till member, elects J to e.itb of the tun homes mting in f.nor there-of- : tl Section 1. !. Section It is proposed .to amend Article VII of the Constitution of the State of Utah to read: executin' buint'. Section 7. Adjournment Of the legUUture. In case between of it disagMi-inen- t the two house of the la at any special session, with resjHt-- t to the tune of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proMr: Provided, it be not beyond the time fixed for the convening cf the next legislature. Section 3 Procedure for bills passed by the legislature. Every hill passed by the Legislature, before it a law, shall tie become presented to the Governor; if be approve, be shall sign it. and thereupon it shall become a taw; but if be di.sapjroves. be shall return it with hi objections to the bouse in which it originated, which house shall enter the objections at large upon it journal and proceed to reconsider the bill. If upon reconsideration it again pass" both house by a yea and of nay vote of the mcmliers elected to each house, it shall liecome a law. If anv bill is not returned by the Governor within five day after il ha been presented to him. Sunday and the day he received it excepted, it shall become a law without hi if legislative signature; adjournment prevents return of the bill, it shall become a law unless the Governor within twenty days after adjournment files his objections thereto with 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. If the Governor disapproves any bill or item of 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 no to exceed five calendar days and at a time set jointly by the presiding officer of each house, solely for the purpese of reconsidering the bill or item cf 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 tire item of appropriation shall take effect. two-third- CLYDl. L. MIUI.R Sitltt.ll) nf St. lie litical party shall appear together on the ballot, and the voles cast for a candidate for Governor shall Ih? considered as also cast for the candidate for Lieutenant Governor running jointly with him. Section 3. Eligibility qualifications. No person shall he 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 he 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-cliieThe 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 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 Stale 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 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 Section 6. Convening of qualified voters of the the legislature on extraorState at the time and place of voting for members of dinary occasions. On exthe Legislature, and the traordinary occasions, the Governor may convene the persons respectively havLegislature by proclamaing the highest number of tion, in which shall be votes cast for the office stated the purpose for voted for shall be elected-buwhich the Legislature is to if two or more shall have an equal and the be convened, and it shall transact no legislative busihighest number of votes ness except that for which for any one of said offices, it was especially convened, the two houses of the Legor such other legislative islature, at its next regular session, shall elect business as the Governor forthwith by joint ballot may call to its attention one of such persons for while in session. The Legislature, however, may prosaid office. vide for the expenses of In the election, the the session and other matnames of the candidates ters incidental thereto. The for Governor and LieutenGovernor may also by ant Governor for each po proclamation convene the t In s two-thir- two-thir- Section 9. Vacancies of state or district office. When any State or district office shall become vacant, and no mode is provided by tlie 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. Section 10. State and district officers. 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 ef Lieutenant Governor, State Auditor, State or Attorney Treasurer 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 provided. Section 11. Succession of office. In case of the death of the Governor, his impeachment, from office, ddh removal resignation, iitwiire from the state, or (inability to dowharge the duties of the office, or in of a Guvvrnor-elee- t who fail to take office, the power and duties of the Governor hall devolve upon the Lieutenant Governor until the absence or disability cease or until the next general election, when the vacancy shall fce filled by election. If, during a vacancy in the office of Governor, the Lieutenant Governor resign, dies, is displaced, is absent from the State, or Ucme incapable of performing the duties of the office, the President of the Senate shall act a Governor until the vacancy i filled or the absence or d i a a b i t y ceases. If in thi cae the President of the Senate redisplaced. Is signs, die. 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 cease. While performing the duties of the Governor as provided in thi 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 or absence from the state. 1 1 I 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 lias exclusive jurisdiction to determine all questions arising under this section. Section 12. Board or par- Until otherwise provided by law, the Govern or, 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 such officer as provided by law. dons. for granting the same, and the objection, if any. of any member of the Board made thereto. Board of examiner. Until otherwise provided by law, the Governor, Attorney General and State Auditor shall constitute a Board of Examiner. with power to examine all unliquidated claim 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 unliouidated claim against the Slate, 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. Section 14 Lieutenant Duties. The governor 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 to him by the Governor, shall devote his full time to his duties, and shall perform such other duties as may be provided by law. Section 13. State auditor. The State Auditor shall tie Auditor of Public Accounts, and the State Treasurer shall be the custodian cf public moneys, and each shall perform such other duties as may be provided by law. Section t Provision 13 16. Section Attorney The Attorncv general. be the legal General shall advisor of the Stale officers. except as otherwise provided by this Constitution. and shall perform such other duties as may be provided by law. Section 17. Superintendent of Public Instruction. of The Superintendent Public Instruction shall perform such duties as may be provided by law. Section 18. Compensation. The Governor, 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 their respective during terms of office. No such officer shall receive for the performance of any official duty any fee for his own 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 performance of official duty. Section 19. Grants and commissions. 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 such officer as may be provided by law. Section 20. The Great Seal of the State of Utah. 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. Section 21. Conflicting No person, while offices. holding any office under the United States government, shall hold any office under the State government of Utah. Section 2. Submission of amendment to electors. 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. Effective date. If approved by the electors of this state, this amendment shall take effect on January 3, 1977, 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 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 Legislature at its next session, when the Legislature shall either pardon, or commute the sentence, or direct its execution; he shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, commutation or pardon granted since the last previous report, stating the name of the convict, the crime for which he was convicted, the sentence and its date, the date of remission, commutation, pardon or re1976. prieve, with the reasons Present EXECUTIVE ARTICLE Section I. Executive deTerm, partment and dutie of officer.! The Executive Department shall consist of of Governor, Secretary State. State Auditor, State Treasurer, and Attorney General, each of whom shall bold his office for four years, beginning on the first Monday of January next after hi election, except that the terms of office of those elected at the first election shall when the State shall be admitted into the Union, and shall end on the first rei-denr- be-gi- Monday in e, n January, A.D, The officers of the Executive Department, during their terms of office, shall reside at the seat of government, where they shall keep the public records. books and paper. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law. (As amended November 7. 1950. effective January 1, 1901. 1951.- ) Section 2. (Election legislature to elert.l The officers provided for in section one of this article shall be elected by the qualified electors 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 tw'o 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 Tie, said office. Section 3. Qualifications of governor and other No executive officers.l person shall be eligible to the office cf Governor or Secretary of State 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-fivyears at the time of his election, and have been admitted to practice in the Supreme Court of the Territory or 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 elector, and shall have been a resident citizen of the State or Territory for five years next preceding his election. The State Auditor and State Treasurer shall be ineligible to election as their own successors. e Section commander-in-chie- 4. f. (Governor The Governor shall be 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. that for which it was especially convened, or such other legislative business as the Governor may call to it attention while in session. The Legislature, however, may provide for the expense of the session and other matter incidental thereto. The Governor may also by proclamation convene the Senate in extraordinary session for the transaction of executive business. Section 7. 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. Bills preSection 8. Veto sented to governor 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 objection 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 Governor's 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 in the office of the Secretary of State within ten days after such adjournment (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. two-thir- 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 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 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 be, except in cases of temporary disability, or absence from the State, shall be entitled to the sal. ary and emolumonts of the Governor. Board of Section 12. Respites and pardons reprieves. Until otherwise provided by law', the Gov ernor, Justices of the Supreme Court and Attorney General shall constitute a Board of Pardons, a major-it- y of whom, including the Governor, upon such 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, con-dition- in open session, after s, pre- vious 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. 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 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 its execution; he shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, commutation or pardon granted since the last previous report, stating the name of the convict, the crime for which he was convicted, the sentence and its date, the date of remission, commutation, pardon or reprieve, with the reasons for grantng the same, and the objections, if any, of any member of the Board made thereto. Section 13. State Prison Section 10. Governors Commissioners Board of Vacanappointive power Until othercies. The Governor shall Examiners. wise provided by law, the nominate, and by and with of Governor, Secretary consent of the Senate, State and Attorney Generall State and district point 5. Section Duties of officers whose offices are al shall constitute a Board Governor. The Governor established of State Prison CommisConsthis by shall see that the laws are or which may be sioners, which Board shall he titution, faithfully executed; created by law, and whose have such supervision of transact shall all executive all matters connected with appointment business w'ith the officers not otherwise or election is the State Prison as for. may be provided of the government, civil law. recess of the the provided If, by during They reand military, and may Senate, a vacancy occur in shall, also, constitute a quire information in writBoard of Examiners, with any State or district office, ing from the officers of the the Governor shall power to examine all appoint Executive Department, and some claims against the State exto qualified person from the officers and mansalaries or compensacept the duties thereof discharge agers of State Institutions until the next meeting of tion of officers fixed by upon any subject relating the Senate,-whelaw, and perform such he shall to the condition, managenominate some person to other duties as may be preand of their ment, expenses scribed by law; and no fill such office. If the ofrespective offices and insticlaim against the State, exof Secretary of State, fice tutions, and at any time State Auditor, State Treascept for salaries and comwhen the Legislative Asor Attorney General urer pensation of officers fixed sembly is not in session, be vacated by law, shall be passed updeath, by resigmay, if he deem it neceson by the Legislature withnation or otherwise, it shall a committee sary, appoint out having been considered to investigate and report to be the duty of the Governand acted upon by the said to fill the same by apor him upon the condition of Board of Examiners. and the apany executive office or pointment, 'shall hold his ofpointee State Institution. He shall fice until his Section 14. Insane Asysuccessor communicate by message shall be lum Commissioners. Until elected and qualithe condition of the State otherwise provided by law, as may be by law fied, to the Legislature at every the Governor, State Treas(As amended provided. regular session, and recomurer and State Auditor November 7, effec1944, mend such measures as he tive shall constitute a Board of January 1, 1945; Nomay deem expedient. Insane Asylum Commisvember 7, 1950, effective sioners. Said Board shall 1, 6. of 1951.) Section January Convening have such supervision of extra sessions of legislaSection 11. Vacancy in all matters connected with ture. On extraordinary the Governor office of governor. In case the State Insane Asylum as occasions, of the death of the Govmay convene the Legislamay be provided by law. ernor, or his impeachment, ture by proclamation, in removal from office, inabilSection 15. Reform which shall be stated the ity to discharge the duties school commissioners. Unpurpose for which the Legof his resignation, or til otherwise provided by islature is to be convened, absenceoffice, from the State, the and it shall transact no legand duties of said powers islative business except office shall devolve upon Present Prorisions Cont. . |