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Show Senate extraordinary session for the transaction of executive business. State df Utah OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY September 1, 1974 Dear Fellow Citizens: The Legislature of the State of Utah has entrusted vie with the responsibility for publishing the following Propositions, which relate to changes in the Constitution of the State of Utah. In the beginning of the body of each Proposition has been set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot on November 5, 1974 together with a copy of the present constitutional provision. Because of the very 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 with your ftiends. neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision. Sincerely. Proposed Amendment PROPOSITION NO. 1 EXECUTIVE ARTICLE REVISION two-third- of: Section 1. Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: Section 1. Elective conThe stitutional officers. 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: 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. In the election, the names of the candidates for Governor and Lieutenant Governor for each po- - 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 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 signature; if legislative adjournment prevents return of the bill, it shall become a law unless the Governor within twenty days after adjournment files his thereto with objections such officers as provided by law. The Governor may disapprove any item or items of appropriation contained in any bill while approving other portions of the bill; in such case he shall append to the bill at the time of signing it, a statement of the item or '''ms which he disap- roves, together with his asons therefor, and such em 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 appropration 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-thir- 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. 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 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. 1 SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT GOVERNOR; TO DELETE THE SECRETARY OF STATE AS A OFCONSTITUTIONAL FICER; TO ALLOW THE STATE AUDITOR AND STATE TREASURER TO RUN FOR REELECTION TO THEIR RESPECTIVE TO PERMIT OFFICES; 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 MAKE OTHER CHANGES THE EXECUTIVE IN ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is resolved by the Legislature of the State of Utah, s of all members elected to each of the two houses voting in favor there- in Section 4. Comander-in-chie- f. The Governor shall of be Comander-in-Chie- f 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 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 two-thir- ds two-thir- Section 9. state 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. 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 when he shall Senate, nominate some person to fill such office. If the office cf 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, removal from office, resignation, absence from the state, or disability to discharge the duties of the office, or in case of a Governor-elec- t who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the absence or disability ceases or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Lieutenant Governor resigns, 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 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 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 or 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 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. 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 reprieve, with the reasons 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 Gov- Present Provision EXECUTIVE ARTICLE Section 1. Executive deTerms, resipartment dence, and duties of officers .1 The Executive Department shall consist of Governor, Secretary of State, State Auditor, State Treasurer, and' Attorney General, each of whom shall hold his office for four years, beginning on the first Monday oLJanu-ar- y 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 in January, A.D. Monday Examiners. 1901. The officers of the Section 14 Lieutenant Executive Depart ment, Duties. The during their terms of ofgovernor Lieutenant Governor shall fice, shall reside at the seat of government, where they serve on all boards and 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. Election Section 2. 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 artand the State icle shall be elected by the counts, Treasurer shall be the cusqualified electors of the todian of public moneys, State at the time and place and each shall perform Of voting for members of such other duties as may the Legislature, and the be provided by law. persons respectively having the highest number of 16. Section Attorney votes cast for the office The Attorney voted for shall be general. elected; General shall be the legal but if two or more shall advisor of the State officthe ers, except as otherwise have an equal and votes highest number of provided by this Constitufor any one of said offices, tion, and shall perform such other duties as may the two houses of the Legislature, 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.! person shall be eligible to Section 18. Compensathe 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 his election. No respectively, in any official time ofshall be eligible to person or employment capacity of offices the any provided their respective during terms of office. No such for in section one of this officer shall receive for the article, unless at the time be performance of any official of his election he shalland elector, duty any fee for his own a qualifiedbeen a resident use, but all fees fixed by shall have citizen of the State or Terlaw for the performance by either of them of any ritory for five years next preceding his election. The 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 4. Section Governor for the payment of actual commander-in-chieThe 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 commissions. All grants the United States. He shall and commissions shall be have power to call out the in the name and by the militia to execute the laws, authority of the State of to suppress insurrection, or sealed with the to repel invasion. 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 executed; he faithfully by law. shall transact all executive Section 20. The Great business with the officers Seal of the State of Utah. of the government, civil There shall be a seal of and military, and may rethe State which shall be quire information in writcalled The Great Seal of ing from the officers of the the State of Utah, and Executive Department, and shall be kept by such offrom the officers and manficer as provided by law. agers of State Institutions any subject relating Section 21. Conflicting upon to the condition, manageoffices. No person, while of their holding any office under ment, and expenses respective offices and instithe United States government, shall hold any office tutions, and at any time when the Legislative Asunder the State governsembly is not in session, ment of Utah. may, if he deem it necesSection 2. Submission sary, appoint a committee of amendment to electors. to investigate and report to The Secretary of State is him upon the condition of directed to submit this proany executive office or posed amendment to the State Institution. He shall electors of the State of communicate by message Utah at the next general the condition of the State election in the manner proto the Legislature at every vided by law. regular session, and recomSection 3. Effective date. mend such measures as he If approved by the electors may deem expedient. of this state, this amendSection 6. Convening of ment shall take effect on extra sessions of legislaJanuary 3, 1977, except as ture. On extraordinary follows: All candidates for occasions, the Governor the state offices provided may convene the Legislain this amendment shall ture by proclamation, in stand for election to these which shall be stated the offices under the provipurpose for which the Legsions of this amendment islature is to be convened, during the election year of and it shall transact no leg1976. islative business except 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 ernor, f. 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. Adjournment of legislature by governor. In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper: Provided, it be not beyond the time fixed for the convening of the next Legislature. the Secretary of State, until the disability shall cease, or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Secretary of State resign, die or become incapable of performing the duties of the office, or 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 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 reSection 8. Bills premit fines and forfeitures, Veto sented to governor commute punishments, and Appropriation bills. Every bill passed by the grant pardons after convictions, in all cases except Legislature, before it betreason and impeachments, comes a law, shall be presented to the Governor; if subject to such regulations as may be provided by law, he approve, he shall sign relative to the manner of it shall and it, thereupon become a law; but if he do applying for pardons; but no fine or forfeiture shall not approve, he shall return it with his objections be remitted, and no commutation or pardon grantto the house in which it originated, which house ed, except after a full shall enter the objections hearing before the Board, in open session, after preat large upon its journal vious notice of the time and proceed to reconsider and place of such hearing the bill. If, after such reit consideration, again has been given. The proceedings and decisions of passes both houses by a the Board, with the reayea and nay vote of sons therefor in each case, of the members elected to each house, it together with the dissent of any member who may shall become a law, notshall be reduced Governdisagree, the withstanding ors objections. If any bill to writing, and filed with all papers used upon the be not returned within five hearing, in the office of the days after it shall have been presented to him. Secretary of State. (Sunday and the day on The Governor shall have which he received it exto grant respites or power same the shall be cepted,) a law in like manner as if reprieves in all cases of convictions for offenses he had signed it, unless the against the State, except adits final Legislature by treason or conviction on journment prevent such return, in which case it shall impeachment; but such resbe filed with his objections pites or reprieves shall not extend beyond the next in the office of the Secretary of State within ten session of the Board of Pardons; and such Board, days after such adjournat such session, shall conment (Sundays excepted) or become a law. If any tinue or determine such respite or reprieve, or they bill presented to the Governor contains several may commute the punishitems of appropriations of ment, or pardon the offense as herein provided. money, he may object to In case of conviction for one or more such items, treason, the Governor shall while approving other porhave the power to suspend tions of the bill; in such execution of the sentence, case he shall append to the hill at the time of signing until he case shall be reported to the Legislature it, a statement of the item or items which he declines at its next regular session, when the Legislature shall to approve, together with either pardon, or commute his reasons therefor, and such item or items shall the sentence or direct its not take effect unless execution; he shall communicate to the Legislature passed over the Governors objection as in this section at each regular session, each case of remission of provided. fine or forfeiture, reprieve, Section 9. Governor commutation or pardon may fill certain vacancies. granted since the last preWhen any State or district vious report, stating the office shall become vacant, name of the convict, the and no mode is provided by crime for which he was the Constitution and laws convicted, the sentence and for filling such vacancy, its date, the date of remisthe Governor shall have sion, commutation, pardon the power to fill the same or reprieve, with the reaa commission, by granting sons for the same, which shall expire at the and the grantng if any, objections, next election, and upon of member of the any qualificaton of the person Board made thereto. elected to such office. Section 13. State Prison Section 10. Governors Board of Commissioners Vacanappointive power Until othercies. The Governor shall Examiners. nominate, and by and with wise provided by law, the of Governor, Secretary consent of the Senate, apState and Attorney Generpoint all State and district officers whose offices are al shall constitute a Board of State Prison Commisestablished by this Constitution, or which may be sioners, which Board shall have such supervision of created by law, and whose all matters connected with is or election appointment not otherwise provided for. the State Prison as may be provided by law. They If, during the recess of the shall, also, constitute a a in occur Senate, vacancy Board of Examiners, with any State or district office, the Governor shall appoint power to examine all claims against the State exsome qualified person to or compensadischarge the duties thereof cept salaries until the next meeting of tion of officers fixed by law, and perform such the Senate,-whehe shall nominate some person to other duties as may be prescribed by law; and no fill such office. If the ofclaim against the State, exfice of Secretary of State, cept for salaries and comTreasState Auditor, State pensation of officers fixed urer or Attorney General by law, shall be passed upbe vacated by death, resignation or otherwise, it shall on by the Legislature without having been considered be the duty of the Governand acted upon by the said or to fill the same by apof Examiners. Board and the appointment, pointee shall hold his ofSection 14. Insane Asyfice until his successor lum Commissioners. Until shall be elected and qualiotherwise provided by law, fied, as may be by law the Governor, State Treas(As amended provided. urer and State Auditor November 7, 1944, effecshall constitute a Board of No1, tive January 1945; vember 7, 1950, effective Insane Asylum Commissioners. Said Board shall January 1, 1951.) have such supervision of Section 11. Vacancy in all matters connected with the State Insane Asylum as office of governor.l In case of the death of the Govmay be provided by law. ernor, or his impeachment, 15. Section Reform removal from office, inabilUnschool commissioners. to duties the ity discharge of his office, resignation, or til otherwise provided by absence from the State, the powers and duties of said Present Proi isions Cont. office shall devolve upon two-thir- n |