OCR Text |
Show i ne Mini sun, Ociooer Jl, f8 Proposed Changes in Utah's Constitution and Comparable Present Provisions Senate in extraordinary session for the transaction of executive business. ; State of Utah OFFICE OF THE SECRETARY OF STATE September 1, 1974 Dear Fellow Citizens: The Legislature of the State of Utah has entrusted me with the responsibility for publishing the f ollouing Propositions, uhich relate 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 General Flection Ballot on Noreiuber 5, J974 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. 1 urge that each of you study the text of the Propositions in full. 1 urge you to consult with your fiiends. neighbors and local ch ic leadei s in order that you may gain all information necessary to render a just and wise decision. Sincerely. two-thir- CLYDE L. MILLER Secretaiy of Slate 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 PROPOSITION NO. 1 EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEU- TENANT 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 BY THE AFTER ADJOURNMENT: PLACE THE STATE TO 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 resolved by the Leg- islature of the Stale of Utah, of all members elected to e.n h of the tun houses voting in favm theie-of- : two-thud- s Section 7. Adjournment 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; 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 originated, which house 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 objections thereto 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 Legislature. If of the members of each house arc in favor cf reconvening, the Legislature shall be 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 cf aDpropration disapproved. If upon reconsideration, Of SALT LAKE CITY 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-Chiof the military forces of the f. ef 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. two-thir- the bill or item of appro- priation again passes both houses cf the Legislature by a yea and nay vote of s of the members elected to each house, the bill shall become law or the item of appropriation shall take effect. two-third- 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, 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 are prescribed by this Constitution and as may be prescribed by law. Section 2. Election of constitutional officers. The officers provided for in section one of this article shall be elected by the qualified voters of the State at the time and place of voting for members of the Legislature, and the persons respectively having the highest number of votes cast for the office voted for shall 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 regut lar 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 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 State Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may deem expedient. Section 6. Convening of the legislature on extraordinary occasions. On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business except that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the Section 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, 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. state 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 of Lieutenant Governor, 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 he by law provided. Section It. Succession of office. In case of the death of the Gowrnor. hi- - impeachment, removal from office, resignation, absence from the state, or disability to discharge the duties of the office, or in case who of a 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 unliouidated 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. Governor-elec- t 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, 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 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 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. disability Section 14 Lieutenant Duties. The governor Lieutenant Governor shall serve on all boardsandcom-mission- s 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 15. State auditor. The State Auditor shall he Auditor of Public Accounts, and the State Treasurer shall be the custodian of public moneys, and each shall perform such other duties as may be provided by law. 16. Section Attorney Attornev The general. General shall be the legal 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 Instructions. The of Superintendent Public Instruction shall perform such duties as may be provided by law. Section 18. Compensation. The Governor, Lieutenant State Governor, 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 law's 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 All grants commissions. 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 Offices. No person, while holding any office under the United States government, shall hold any office under the State government of Utah. of the The disability 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. 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 pardon except granted, 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 ns 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 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 sentcnci , until the case shall he 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 with the reasons ' Present Provision EXECUTIVE ARTICLE Section 1. Executive deTerms, resipartment dence, and duties of officers. The Executive Department shall consist of of Governor, Secretary State, State Auditor, State Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning on the first Monday of January next after his election, except that the terms of office of those elected at the first election shall begin when the State shall be admitted into the Union, and shall end on the first Monday in January, A.D. 1901. The officers of the 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 January 1, 1951.- ) Section 2. Election Tie, legislature to elect. 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 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.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-fiv- e years 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 hi 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. Section commander-in-chie- Governor 4. f. Governor The that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamaton convene the Senate in extraordinary session for the transaction of executive business. 7. Section Adjournment of legislature by governor. In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper: Provided, it be not beyond the time fixed for the convening of the next Legislature. Section 8. Bills presented to governor Veto bills. Appropriation Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his objections to the house in which it originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If, after such reit consideration, again passes both houses by a and vote of yea nay 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 law? 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- shall be of the military forces of the State, except when they shall be called into the service of Section 10. Governors the United States. He shall Vacanhave power to call out the appointive power militia to execute the laws, cies. The Governor shall to suppress insurrection, or nominate, and by and with consent of the Senate, apto repel invasion. all State and district Section 5. Duties of point whose offices are Governor. The Governor officers established by this Consshall see that the laws are or which may be he titution, executed; faithfully created law, and whose by shall transact all executive or election is business with the officers appointment provided for. of the government, civil not otherwise If, during the recess of the and military, and may reSenate, a vacancy occur in quire information in writState or district office, any ing from the officers of the the Governor shall appoint Executive Department, and some qualified person to from the officers and mandischarge the duties thereof agers of State Institutions until the next meeting of upon any subject relating the Senate,' when he shall to the condition, managenominate some to ment, and expenses of their fill such office. person If the ofrespective offices and instifice of of State, tutions, and at any time State Secretary Auditor, State Treaswhen the Legislative Asurer or General sembly is not in session, be vacatedAttorney death, by resigif neceshe deem it may, nation or otherwise, it shall Section 2. Submission sary, appoint a committee be the of the Governduty of amendment to electors. to investigate and report to The Secretary of State is him upon the condition of or to fill the same by apand the apdirected to submit this proany executive office or pointment, posed amendment to the State Institution. He shall pointee shall hold his ofelectors of the State of communicate by message fice until his successor Utah at the next general the condition of the State shall be elected and qualielection in the manner proto the Legislature at every fied, as may be by law (As amended provided. vided by law. regular session, and recomNovember 7, 1944, effecsuch measures mend as he 3. Section Effective date. tive January 1, 1945; Nomay deem expedient. If approved by the electors vember 7, 1950, effective of this state, this amendSection 6. Convening of January X, 1951.) ment shall take effect on extra sessions of legislaOn extraordinary Section 11. Vacancy in January 3. 1977, except its ture. follows: All candidates for occasions, the Governor office of governor.l In case of the death of the Govthe state offices provided may convene the Legislain this amendment shall ture by proclamation, in ernor, or his impeachment, stand for election to these' which shall be stated the removal from office, inability to discharge the duties offices under the provipurpose for which the Legof his office, resignation, or sions of this amendment islature is to be convened, absence from the State, the during the election year of and it shall transact no legpowers and duties of said 1976. islative business except 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. pardons Respites and reprieves. Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions, and with such limitations and restrictions as they deem proper, may remit fines and forfeitures, commute punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to such regulations as may be provided by law, relative to the manner of applying for pardons; but no fine or forfeiture shall be remitted, and no commutation or pardon granted, except after a full hearing before the Board, in open session, after previous notice of the time and place of such hearing has been given. The proceedings and decisions of the Board, with the reasons therefor in each case, together with the dissent of any member who may disagree, shall be reduced to writing, and filed with all papers used upon the hearing, in the office of the Secretary of State. 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 compensa- tion 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 Provisions Cont. |