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Show IPirp$ed Chamiges Senate State df Utah Section 7. Adjournment of the legislature. In case of a disagreement between the two houses of the Legislature at any special session, with respect to the 197) Dear fellow Citizens: The Legislature of the State of L'l.ih has entrusted me uith the n sponsibilt) for publishing the f ollouiug Propositions. uhiih in the (.onsiitutiun of th. to thangi State of Utah. In the beginning of thi hod) of e.nh Piopo-sitiohas In en set forth tin Bnllot I ille of tin Proposition ns it it ill ippL.tr on the Geneinl 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 tf the next Legislature. Section 8. Procedure for bills passed by the legislature. Every bill passed by the Legislature, before it i n , flection Bnllot on A" number 5, 197 i fogetlnr becomes of the present constit uiionnl Becnuse of the ten St lions untuie of these Propositions uhiih i our Stnte Legist hns cnitsed to be placed before )ou. 1 urge thnt each of )ou stud)' the text of the Pioposi-tionin full. with n cop) )ou to tousull uith )our fiieuds. neighbors and local title Lndcis in order that you may gain all infoi nation uenssar) to render a just ami uisc decision. Sim t re!) PROPOSITION NO. 1 EXECUTIVE 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 MAKEOTHERCHANC.ES THE EXECUTIVE IN ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is resolved h) the Li of the State of Utah, s of all memhirs elected to e.uh of the tuo houses voting in fat or hi n of: tivn-thhd- Section Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: Section 1. 1. Elective officers. con- The stitutional elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor, State Auditor, Stale 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 arc 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 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 regu- lar shall elect session, 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 law, shall be both houses by a yea and s 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 signature; if legislative two-third- . CLYDT L. MILLfR Stcnlai) of State Proposed Amendment a 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 originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If upon reconsideration it again passes pm-lisio- s I urge impeachment, in extraordinary session for the transaction of executive business. OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY 1, 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-fivyears 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. e be Section 4 Comander-in-chief- . The Governor shall Comander-in-Chie- f Utah's Cmsftotaftiin) (Pireseim'S IPirVDSDims surad September Dim 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, civ'l 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 Sta'e Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures a 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 ness 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 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 Governors 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 Legislaof the ture. If members of each house arc in favor cf reconvening, the Legislature shall be two-thir- convened in a session not 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 rf anpropration 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. two-third- s Section state 9. Vacancies of or district office. When any State or district office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, th 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, hi.-- for granting the same, and the objections, if any, of any member of the Board made thereto. 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 Lieuten- ant Governor resigns, dies, 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 disability absence or 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 Lieuten- ant 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. 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 Representatives. Such determination shall be final and conclusive. The Supreme Court shall upon joint request of the President of the Senate and the Speaker of 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. e 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 con- victions, 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 sucli hearing has been given. The proceedings and decisions of the Board, with tlie 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. 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, com- mutation 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 Present Provision Section 13. Board of exEXECUTIVE ARTICLE aminers. Until otherwise provided by law, the GovSection 1. Executive deernor, Attorney General Terms, resiand State Auditor shall partmentand duties of officdence, Exa of Board constitute DeThe Executive ers.! aminers, with power to exshall consist of partment amine all unliquidated Governor, Secretary of claims against the State exState, State Auditor, State cept salaries or compensaTreasurer, and Attorney tion of officers fixed by General, each of whom law, and perform such shall hold his office for other duties as 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 Leggin when the State shall islature without having 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 14 Lieutenant Executive Depart ment, Section Duties. The 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 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.! 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 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 Attornev general. General shall be the legal voted for shall be elected; but if two or more shall advisor of the State officas otherwise have an equal and the ers, except highest number of votes provided by this Constituany one of said offices, and shall tion, perform for two houses of the Legthe as such other duties may islature, 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.l Section 18. Compensaperson shall be eligible to the office cf Governor or tion. The Governor, Lieutenant 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 ofthe 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 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 No of his election. respectively, in any official, time to be shall person eligible or employment capacity of the offices provided during their respective any 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 for his own fee any duty use, but all fees fixed by shall have been a resident law for the performance citizen of the State or Terfive 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, to suppress insurrection, or authority of the State of to repel invasion. with sealed the Utah, 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 by law. shall transact all executive The Great business with the officers Section 20. Seal of the State of Utah. of tlie 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 officer as provided by law. agers of State Institutions upon any subject relating Section 21. Conflicting to the condition, manageNo person, while offices. ment, and expenses of their holding any office under respective offices and instithe United States governand at any time ment, shall hold any office tutions, when the Legislative Asunder the State governsembly is not in session, ment of Utah. if he deem necesmay, 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 ns 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 1976. it sary, 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 Siam to the Legislature at every regular session, and recommend sucli measures as lie may deem expedient. Section 6. Convening of extra sessions of legislature.! 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. Section 7. Adjourn- 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. Bills preSection 8. Veto 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 two-thirof 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 law's 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 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 10. be the duty of the Governor to fill the same by ap- pointment, 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, effec- tive 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, inability 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. 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, 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. 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 State Prison Board of Examiners. Until otherwise provided by law, the Governor, Secretary of 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 to examine all power 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. 13. Commissioners Section 14. Insane lum Commissioners. Asy- 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 Proiisiom Cont. |