OCR Text |
Show UtaliVs Coirastiftyoop Commpao'olble IPiresepft IPitovdsdops (Proposed Clhopgies apd Senate extraordinary session for the transaction of executive business. State of Utah OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY 1, September Section 197t State of Utah has entrusted me with the responsibility for publishing the following Propositions, uhirh to changes in the Constitution of th: State of Utah. In the beginning of the body of each Proposition has been set forth the Ballot Title of the Proposition as it ttill appear on the Genet al Flection Ballot on ISoi ember 5, 97 i together with a copy of the present constitutional provision. Because of the tery serious nature of these Propositions which your State Legislature has caused to be placed before you. I urge that each of you study the text of the Propositions in full. I urge you to consult uith your fi lends, neighbors and local civic leaders in order that you may gain all information necessaiy to render a just and wise decision. 1 Secretary of State 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. Proposed Amendment 1 EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITU- Be is resolved by the Legislature of the State of Utah, s of all members elected to e.tth of the tuo houses voting in favor there-of- : two-third- 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, 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 1. Stale-Treasure- 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 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 case of a Governor-elec- t who fails to take office, . 3. Section 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 ,iis 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. 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 Stale Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recom- mend 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 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 unliquidated 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. the powers and duties of the Governor shall devolve upon the Lieutenant Governor 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, durnot be 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 or absence it and it, sign thereupon shall become a law; but if ceases. If in this case the President of the Senate rehe disapproves, he shall return it with his objections signs, dies, is displaced, is Section 14 Lieutenant to the house in which it absent from the State, or governor Duties. The Lieutenant Governor shall originated, which house becomes incapable of pershall enter the objections forming the duties of the serve on all boardsand comat large upon its journal office, the Speaker of the missions in lieu of the Governor whenever so desigand proceed to reconsider House shall act as Governthe bill. If upon reconsidor until the vacancy is nated by the Governor, shall perform such duties eration it again passes filled or the absence or disas may be delegated to him both houses by a yea and ability ceases. While pers of forming the duties of the by the Governor, shall denay vote of the members elected to Governor as provided in vote his full time to his duties, and shall perform each house, it shall become this section, the Lieutensuch other duties as may a law. If anv bill is not ant Governor, the Presireturned by the Governor dent of the Senate, or the be provided by law. within five days after it Speaker of the House as Section 15. State auditor. has been presented to him, the case may be, shall be The State Auditor shall be rehe and and the to the entitled day Sunday salary Auditor of Public Acceived it excepted, it shall emoluments of the Govand the Stale counts, become a law without his ernor, except in cases of Treasurer shall be the cusabor if legislative temporary disability signature; todian cf public moneys, sence from the state. adjournment prevents reand each shall perform turn of the bill, it shall beThe disability of the such other duties as may come a law unless the Governor within twenty days Governor or person acting be provided by law. after adjournment files his as Governor shall be de16. Section Attorney of The objections thereto with termined by a majority Attorney general. on Court the as joint such officers Supreme General shall be the legal provided of President of the advisor of the State officby law. The Governor may request disapprove any item nr the Senate and the Speaker ers, except as otherwise of the House of Represent items of appropriation conprovided by this Constitutained in any bill while atives. Such determination tion, and shall perform such other duties as may approving other portions of shall be final and concluthe bill; in such case he sive. The Supreme Court be provided by law. shall append to the bill at shall upon joint request of 17. Superintendthe time of signing it, a the President of the Senate entSection of Public Instructions. statement of the item or and the Speaker of the of The Superintendent House of Representatives, items which he disapshall Public Instruction Govof the upon request proves, together with his perform such duties as may reasons therefor, and such ernor, or upon its own determine if and be provided by law. item or items shall not take effect unless passed over when the disability ceases. Section 18. Compensathe Governor's objections The Supreme Court has ex-- , tion. The Governor, elusive jurisdiction t,o deas provided in this section. tenant Governor, State termine all questions' If the Governor disapAuditor, State Treasurer, under this section. proves any bill or item of Attorney General and such other State and District ofappropriation after the adSection 12. Board of ficers as may be provided journment sine die of any dons. Until otherwise parprosession of the Legislature, vided for by law, shall receive Governthe by law, the presiding officer of or, of the Supreme for their services monthly, justices a compensation as fixed by each house shall poll the Court and Attorney Genmembers of their respeceral shall constitute a law. tive houses on the matter Board of Pardons, a MaThe compensation for of reconvening the Legislaof whom, including said Officers as provided in jority If of the the ture. Governor, upon such all laws enacted pursuant members of each house arc conditions, and with such to this Constitution, shall in favor cf reconvening, limitations and restrictions be in full for all services the Legislature shall be as they deem proper, may rendered by said officers, convened in a session not remit fines and forfeitures, respectively, in any official to exceed five calendar commute punishments, and capacity or employment days and at a time set grant pardons after conduring their respective jointly by the presiding victions, in all cases exterms of office. No such soleof officer each house, treason and impeachofficer shall receive for the cept ly for the purpose of reconments, subject to such regperformance of any official the item or cf bill sidering ulations as may be providduty any fee for his own appropration disapproved. ed by law, relative to the use, but all fees fixed by If upon reconsideration, manner of applying for law for the performance the bill or item of appropardons; but no fine or forby either of them of any priation again passes both feiture shall be remitted, official duty, shall be colhouses cf the Legislature and no commutation or lected in advance and deby a yea and nay vote of pardon granted, except posited with the State s of the members after a full before Treasurer monthly to the elected to each house, the the Board, inhearing credit of the State. The open session, bill shall become law or after notice of the Legislature may provide previous the item of appropriation time and place of such for the payment of actual shall take effect. hearing has been given. and necessary expenses of said officers while travelSection 9. Vacancies of The proceedings and destate or district office. cisions of the Board, with ing in the performance of the reasons therefor in official duty. When any State or district office shall become vacant, each case, together with Section 19. Grants and and no mode is provided by the dissent of any member commissions. All grants who may disagree, shall be and commissions shall the Constitution and laws be for filling such vacancy, reduced to writing, and in the name and by the the Governor shall have filed with all papers used authority of the State of the power to fill the same upon the hearing, in the Utah, sealed with the office of such officer as Great Seal of the by granting a commission, State, which shall expire at the provided by law. signed by the Governor, next election, and upon and countersigned by such The Governor shall have officer qualification of the person as may be provided power to grant respites or by law. elected to such office. reprieves in all cases of Section 10. State and convictions Section 20. The Great for offenses district officers. The Govthe State, except Seal of the State of Utah. against ernor shall nominate, and treason or conviction on There shall be a seal of the State which shall be by and with consent of the impeachment; but such resSenate, appoint all State pites or reprieves shall not called The Great Seal of and district officers whose extend beyond the next the State of Utah, and offices are established by session of the Board of shall be kept by such ofthis Constitution, or which Pardons; and such Board, ficer as provided by law. may be created by law, and at such session, shall conSection 21. Conflicting whose appointment or electinue or determine such offices. No person, while tion is not otherwise proor reprieve, or they holding any office under vided for. If, during the respite the United States governmay commute the punishrecess of the Senate, a vacor pardon the ofment, ment, shall hold any office in occur or State any ancy fense as herein provided. under the State governGovernthe district office, In case of conviction for ment of Utah. or shall appoint some qualtreason, the Governor shall ified person to discharge have the Section 2. Submission to suspend the duties thereof until execution power of amendment to electors. of the sentence, The Secretary of State is the next meeting of the until the case shall be reSenate, when he shall ported to the Legislature directed to submit this pronominate some person to at its next session, when posed amendment to the of the State of fill such office. If the ofthe Legislature shall either electors Utah at the next general fice of Lieutenant Governor commute pardon, the election in the manner proor, State Auditor, State sentence, or direct its exvided by law. or Attorney ecution; he shall communiTreasurer General be vacated by cate to the Section 3. Effective date. Legislature at. death, resignation or othereach regular session, each If approved by the electors be shall it the wise, duty case of remission of fine or of this state, this amendof the Governor to fill the ment shall take effect on forfeiture, reprieve, comsame by appointment, and mutation or January 3, 1977, except as grantthe appointee shall hold ed since the pardon follows: All candidates for last previous his office until his successor the the state offices provided name of report, stating shall be elected and qualithe convict, the crime for in this amendment shall fied as may be by law prowhich he was comioied, stand for election to these vided. the sentence and its date, offices under the proviSection 11. Succession the date of remission, comsions of this amendment of office. In case of the mutation, pardon or reduring the election year of death of the Governor, his prieve, with the reasons 1976. two-third- CLYDL L. MILLFR TION 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 GOVERNOR THE BY 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 IN THE EXECUTIVE ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Adjournment impeachment, removal from office, resignation, absence from the state, or disability to discharge the duties of the office, or in disability Sini erel y. NO. 7. of the legislature. In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Dear Fellow Citizens: PROPOSITION in dp 'iris-in- g two-thir- two-third- Present Provision ARTICLE EXECUTIVE 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 Executive Department, during their terms of office, shall reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law. (As amended November 7, 1950, effective 1951.- ) January 1, Section 2. Election legislature to elect.! The officers provided for Tie, 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 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. Section 3. Qualifications of governor and other No executive officers.! 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 Stale 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 e own successors. Section commander-in-chief- 4. . Governor Governor shall be The 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. Duties of Section 5. Governor. The Governor shall see that the laws are he executed; faithfully 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 at any time when the Legislative Assembly 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 extra sessions of ture. legisla- On extraordinary the Governor occasions, 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 proclamaton convene the Senate in extraordinary session for the transaction of executive business. AdjournSection 7. ment 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 8. Bills preVeto sented to governor Appropriation bills. 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 consideration, again 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 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- 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,-whehe 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 Governor, or his impeachment, removal from office, inabil- ity to discharge the duties of his office, resignation, or absence from the State, the powers and duties of said office shall devolve upon 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 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 salary and emoluments of the Governor. Section 12. Board of Respites and pardons otherwise Until reprieves. 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 g.ven. 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 Commissioners Board of Examiners. Until otherwise provided by law, the of Governor, Secretary State and Attorney General shall constitute a Board of State Prison Commissioners, which Board shall have such supervision of all matters connected with the State Prison as may be provided by law. They shall, also, constitute a Board of Examiners, with power to examine all 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 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 upon by the said Board of Examiners. Section 14. Insane Asylum Commissioners. Until otherwise provided by law, the Governor, State Treasurer and State Auditor shall constitute a Board of Insane Asylum Commissioners. Said Board shall have such supervision of all matters connected with the State Insane Asylum as may be provided by law. Section ,, 15. Reform school commissioners. Until otherwise provided by Present Proi isions Cant. |