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Show niafal . ) riday, November FlUmoie, rtah 1, 1974 i. rsifr tinvHIhrdfc mmfffi ifHfTS ' 't n' rfPllt I . I .. MILLARD COUNTY PROGHLbb R4631 iSF gjji jg Page 4 - 2nd be ConsMutoon UtoSis m Chomges Proposed ond Comparable Senate in extraordinary session for the transaction of executive business. State cjf Utah ornct OF THI OF BTATC CCNCTAOV 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. SALT LAKE CITY September Dt.ii 197 i 1, II me ! (jtZiin: gtlati'e f tht of Utah hat ctttuuhJ uu- u it h the n'p"iuhil) for ptt ll thing the follouing Propotitiom. it hit h r l,ih' to than get in the Cointiinlioii of th? Sim i of Utah, la ih beginning of tht of rath Piopo-nito1 ,'tlc of the Ballot tht u , ',i h, t( forth tht Crucial Piopontion at it util apptai on 1971 togelhtr lit t lion Ballot on Sou mini tilth a mp i of the pi eft it tomtit nlioiial pro-- i Irion. Bn ante of the i ei icmwi nature of then Propoiitiam u hi, h State LegnlaI me hat tanttd to be plat tut In foie you, I Mg: that tath of ou ttn,i) the text of tin Pioposi Horn in full. I uige on to ton mil uith om fiitinh. to, .o' til it hadtit in nJt i that anJ ueighbou you may gain all infoimaiion nemtaiy ! Jet and ttise deiition. a jnt ten i he l.t St. it- fi- - 1 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 it 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 bv a yea and s ol nay vote of the members elected to each house, it shall become a law. If anv bill is not 1 - Sim erel , two-third- L CLYDE Stuelai i MILLER of Stale 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 hi signature; if legislative adjournment prevents of the bill, it shall be. come a law unless the Governor within twenty days after adjournment files his thereto with objections re-tur- litical party shall appear ogether on the ballot, and he votes cast for a candidate for Governor shall lie considered as also cast for the candidate for Lieutenant Governor running jointly with him. Proposed Amendment PROPOSITION NO, I EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT GOVERNOR ;TO DELETE THE SECRETARY OF STATE AS A CONSTITUTIONAL 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: THE STATE TO E AUDITOR IN LIEU OF THE SECRETARY OF 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 PRES-EN- T LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be it lemlteJ by the legitimate of the State of Utah. i ttf all member! eletitJ to e.tth of tfo i no hornet t fling in fat or theie-ef- : OF-FICE- R; PI-AC- tuo-lhhJ- , a mended, ll it propos'd to amend Article VII of the ConsUtulicn of the State of Utah to read: Section I. Elective officer The elective constitutional officer of the Executive Department shall contiit of Governor. Lieutenant Governor. State Auditor. State Treaiurer. and Attorney General, each of whom Section 1. Section at ahatl hold hi office for four ear. beginning on the first Monday t f January next after hi election The officer of the Executive Department, during their term of office, shall mide within the State and hall keep the public record. book and paper at the aeat of government They shall perform oeh duties a are prescribed by thi Constitution and a may be prescribed by law. Section 2, Flection of ronttttutional officer. The officer provided for in aeCtion one of this article thall be elected by the qualified voter of the State at the time and place of voting for member of the Legislature, and the person repecUvcly having the highest number of vote cast for the office voted for shall be elected but if two or more shall have an equal and the highest number of vole for any one of said office, the two house of the at Us next regular session, shall elect forthwith by joint ballot one of (uclt person for Leg-Itlatur- aid office. In the election, the names of the candidates for Governor and Lieutenant Governor for each po i 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 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 hi 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. Comandtr-in-ehie- f. The Governor shall be Comandcr-ln-Chie- f of the military forces of the state, except when they shall be called into the service of the United States. He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. Section 9. Executive power. The executive pow-e- r of the State snail be vested in the Governor, who shall see that the laws are faiifuHy executed. He shall transact all executive business with the cf Beers of the governmnt, civil and military, and may require Information In writing from the officers of the Executive Department, and from the officers and managers of State Institution upon any subject relating to the condition, management. and expenses of their respective offices and Institutions. and may at any time when the Legislature is not in session, may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or Stale Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures at he may deem expedient. Section 8, 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 n Pireseml!: PirVDSDinis 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 cf 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 oi the absence or ceases. If in this esse the President of the Senate resigns, dies, is displaced. Is absent from the Stale, 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 per- disability forming 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. for granting the same, and the objections, if any, of any member of the Board made thereto. Board of examiner. Until otherwise provided by law, the GovSection ernor. 13. At'oiney General 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 unliamdated claim against the State, except for salaries and compensation of officers fixed by law. shall be passed upon by the Legislature without having been consideied and acted ucon by the said Board of and State Examiner Section M Lieutenant Duties. The covernor Lieutenant Governor shall serve on ail boardiandeom-misaion- s in lieu of the Governor whenever so designated by the Governor, shall perform such duties as mav delegated to him by the Governor, shall devote hi foil time to his duties, and shall perform such other duties as may 1 be provided by law. Section 15 Slate auditor. The State Auditor shall be Auditor of Public Acand the Stae counts. Treasurer shall Ik the custodian of public moneys, and each shall perform such other duties as may be provided by law. The disability of the Governor or person acting as Governor shall be de18. Section Attorney termined by a majority of The Attorney general. the Supreme Court on joint General shall be the such officers a provided legal of the President of Go law. The iernor may request by advisor of the State officand the Senate the Speaker ers. except as otherwise disapprove any item or of the House of Represent Hems of appropriation conprovidi d by thi Constitutained in any bill while atives. Such determination tion. and shall perform approving other portions of shall lx- final and ccnclu-sivsuch other duties as may The Supreme Court be provided by law. the bill; In such case he shall append to the bill at shall upon joint requ :it of Section 17. Superintendthe time of signing it, a the President of the fi nale statement of the Hem or and the Speaker of the ent of Fub.ic Instructions. House cf Representatives, The Superintendent of items which he disapInstruction shall Public Govof the proves, together with his upon request perform such duties as may reasons therefor, and such ernor, or upon its own dctirmine if and be provided by law. Item or Items shall not take effect unless passed over when the disability ceases. Section 18 CompensaThe Supreme Court has exthe Governors objection tion. The Governor, Lieudeas provided (n this section. clusive jurisdiction to tenant Governor, State termine all questions arisIf the Governor disapAuditor, State Treasurer, proves any bill or item of ing urdcr this section. Attorney General and such other State and District ofappropriation after the ad12. Board Section of ficers as may be provided journment sine die of any Until otherwise prosession of the Legislature, for by law, shall receive vided by law. the Governthe presiding officer of or, of the Supreme for their service monthly, justices each house thall poll the Court and a compensation as fixed by Attorney Genmembers of their respecshall constitute a law. eral tive houses on the matter Board of Pardons, a MaThe compensation for of reconvening the Leg la' of whom. Including said officers at provided In If of the jority the Governor, upon sum all laws enacted pursuant members of each house arc conditions, and with such to thi Constitution, shall In favor cf reconvening, limitations and restriction be In full for all services the Legislature shall be a may rendered proper, they by said officers, a not convened in session remit fine and forfeiture, respectively, In any official to exceed five calendar commute punishment, and capacity or employment days and at a time set grant pardon after conduring their respective jointly by the presiding victions. in all case exterm of office. No such officer of eah house, solecept treason and Impeach officer shall receive for the reconfor the of purpose ly menu, subject to such regperformance of any official sidering the bill or item cf ulation as may be providany fee for his own duty aoprepraiion disapproved. ed by taw, relative to the use, but all fees fixed by If upon reconsideration, manner of applying for law for the performs net the bill or Hem of appropardon; but no fine or for- by either cf them of any priation again passes both feiture alia it be remitted, rfficiat duty, shall be colhouses cf the Legislature and no commutation or lected in advance and dea vote of and nay by yea pardon granted, except posited with the State of the members after a full hearing before Treasurer monthly to the elected to each house, the in open session, the credit of the State, The bill shall become law or afterBoard, notice of the Legislature may provide previous Hem of appropriation time and the plare of such for the payment of actual shall take effect. hearing has been given. and necessary expenses cf said officers while travelSection 9. Vacancies of The proceedings and destate or district office. cisions of the Board, with ing in the performance cf When any State or district the reasons therefor in official duty. office shall become vacant, each case, together with Section 19. Grants and and no mode is provided b (lie dissent of any member commissions. All grants who may disagree, shall be and commission the Constitution and law ahstl be for filling such vacancy, reduced to writing, and in the nsme and by the filed with all papers used the Governor shall have cf the State of the power to fill the same upon the hearing, in the authority scaled with the Utah, otficc of such officer a by granting a commission, Great Seal of the State, wliich shall expire at the provided by law, signed by the Governor, next election, and upon and countersigned by such Governor The shall have of the person qualification ( Hirer as may be provided to or elected to such office. power grant roptt.-by law. reprieve in all rae of Section 10. State and convictions for offense Section 20 "The Great district officers. The Govthe Slate, except Seal of the Slate of tub". ernor shall nominate, and against ttvaion or conviction on There shall be a seal of by and with consent of the impeachment, but such tvs the Slate which shall be Senate, appoint all State called "The Great Seal of or not shall reprieves and district officers whose piles the State of Utah," and extend next the beyond offices are established by session of Board of shall be kept by such ofthis Constitution, or which Pardons; andthesuch ficer as provided by law. Hoard, may be created by law, and at such conshall session, n Section 21, Conflicting whose appointment or tinue or determine uch offices. No person, while Is not otherwise proor or reprieve, they holding any office under vided for. If. during the respite may commute the punishthe United States governrecess of the Senate, a vacment, or pardon the ofment shall hold sny office ancy occur in any State or fense a herein provided, under the State governdistrict office, the GovernIn case of conviction for ment of Utah. or shsli appoint some qualthe Governor shall treason, ified person to discharge have Section 2, Submission to suspend the the duties thereof until execution power or the sentence, of amtndmant ta electors. the next meeting of the until the rase shall be re- The Secretary of State is when he. shall Senate, to the Legislature dnectcd to submit thi pronominate some person to ported amendment to the at next Hi session, when posed fill such office. If the ofof the State of electors the Legislature shall cither fice cf Lieutenant Governor commute the Utah at the next general pardon, election In the manner proor, State Auditor. Stale or direct its Treasurer nr Attorney sentence, vided by law. he shall communiGeneral be vacated by cate ion; to the Legislature at Section 2. Effective date. death, resignation or othereach regular session, each If approved by the elector wise, it shall be the duty case of remission of fine or of this state, this amendof the Governor to Ml the forfeiture, ment ahstl take effect on reprieve, comsame by appointment, atid mutation or grantJanuary 2, 1177, except as the appointee shall hold ed since the pardon last previous follows: All candidates for his office until his successor report, stating the name of the state offices provided hall be elected and qualithe convict, the crime for in this amendment shall fied as may be by law prohe was convicted, stand tor election to these which vided. the sentence and Its date, offices under the provithe date of remission, comSection 11. Succession sions of this amendment of office. In case of the mutation, pardon or rethe election year of death of the Governor, his prieve, with the reasons during 1976. e. par-din- two-thir- ds di-c- two-thir- s elec-tio- ex-ec- s. Present Provision EXECUTIVE ARTICLE Executive Terms, residence, and duties of officers.! 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 of January next after his election, except that the terms cf 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 Depart ment, 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 thi Constitution and as may be prescribed by law. fAs amended November 7. 1950, effective January 1, Section 1. - 1931.) Section 2. I Election 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 me persons respectively having the highest number of voles cast for the office voted for shall be elected; but if two or more shall have an equal and the higher number of votes for an one of said office, the two houses of the Legislature, at Its next regular session, shall elect forthwith by joint ballot one of such persons for Tie, lectslature 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 hi election, sod have beer admitted to practice in the Supreme Court of the Territory or of the Stale of Utah, nor unless he shall be in good standing st 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 st the time of his election he shall be qualified elector, and halt have been residmt citizen of the State or Territory for five years next preceding bis election. The State Auditor end State Treasurer shall be Ineligible to election a I heir own successors. e Section (Governor The Governor shall be Com mander-in-Chiof the military forces of the State, except when they shall be called Into the service of the United Stales He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel Invasion Section S (DuUes Of Governor.) The Governor shall see that the laws are faithfully 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 officer and managers of State Institutions upon any subject relating to the condition, management, and expenses of their offices and respective ( and at any time when the Legislative Assembly It not in session, It necesmy, If be deem sary, appoint a committee to investigate and report to him upon the condition of any executive office or State Institution, lie shall communicate by messag the condition of the State to the Legislature at every regular session. and recommend such measures as he may deem expedient. Section 8. (Convening of extra tern iotas of legislator.) On extraordinary f.te Covernor occasions, may convene the Legislature by proclamation, in whlrh ahal be stated the purpose for which the Legislature Is to be convened, and it (hall transact no legislative business except rommsndfr-inehlcf.- 4, ) ef insti-tutio- n. 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 specia 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 objection to the house In which it originated, which house shall enter the objection 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 member elected to each house. It shall become a law, notwithstanding the Governor's objections. If any bill be not returned within five days after It shall have been presented to him. (Sunday and the day on which he received it excepted.) the same shall bo a law in like manner a if he had signed it, unless the Legislature by its final ad journment prevent such return. in which ease it shall be filed with his objections In the office of the Secretary of Slate within ten days after such adjournment (Sundays excepted) or become a law. If any bill presented, to the Govcontains several ernor Hems of appropriations of money, he may object to one or more such Hems, s while approving other of the bill; in such cse he shall append to the bill st the time of signing It, a statement of the item or Hems which he declines to approve, together with hit reasons therefor, and such item or items shall not take effect unless passed over the Governor's objection at in this section provided. Section 9 (Governor may fill certain vacancies.! When any State or district office shall become vacant, and no mode it provided by the Constitution and law for filling such vacancy, the Governor shall have the power to fill the ram-- , by granting a commission, which shall expire at the next election, and upon qualificaton of the person elected to such office. two-thir- por-lion- 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 thi Constitution, or which may tee created by taw, add whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy occur in any Slate or district office, the Governor shall appoint aome qualified person to discharge the duties thereof until the next meeting of the Senate, when he shall nominate aome person to Ml 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 tee the duly of the Governor to fill the same by appointment, and the appointee thall hold his office until his successor shall be elected and qualified. as msy be by law provided, (As amended November 7. 1944, effective January 1, 1943; November 7, 1930, effective January 1, 1931.) Section II, Vacancy In office of governor.) In ease of the death of the Governor, er his Impeachment, removal from office, inability to discharge the duties of his office, resignation, or obsenc 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 cease. While performing 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. 12. Board of Section 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 Covernor, 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 o;en session, after previous notice of the lime and place of such hearing has been given. The proceeding and decisions of the Board, with the reason therefor in each case, together with the dissent of any member who may disagree, shall be rduceet to writing, and Med with all papers used upon t! e hearing, in the office of the Secretary of State. The Governor shall have power to grant respites or reprieves in all rases 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 senten-r- , until he case shall be reported to the Legislature at its next regular session, when the shall either pardon, or commute the sentence or direct Hs execution; he shall communicate to the Legislature at each regular seas,on. 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 Hs 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 Governor, Secretary of State and Attorney General shall constitute a Board of State Prison Commk sioners, which Board shall have such supervision of all matters connected With the State Prison as mav be provided by law. They shall, also, constitute a Board of Examiners, with power to examine alt claims against the State except salaries or compensation of officers fixed by law, and perform such other duties at may be prescribed by law; and no clslm 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, Stale Treasurer and State Auditor shall constitute a Board of Insane Asylum Commissioners. Said Board shall hsve such supervision of II matters connected with the State Insane Asylum s may be provided by law. 13. Section Reform school cOfltnsiMiontrs.) Un- til otherwise provided by Pineal PtotitioHi Coot. |