OCR Text |
Show Thursday, October 17, 1974 " imiae Us q ii w pc Senate in extraordinary session for the transaction of executive business. State or Utah OFFICE OF THE SECRETARY OF STATE Section September 1. 197 i puh-ithll- n i Stall of Utah. hi the he onnn " of the hodl of iaih Piopo-- i itiov hit hei-ut forth the Ballot 1 lie of tin it uill appear on the General a Proposition Elution Ballot on Sounlur 5, 197 i together itlh a toj ) of the neunt lonititntional volition. Bnane of the ten .f eiion natine of Vu Propositions it hit h )or Slate Levisa-linha enuud to he 'land before ton, I urn: that eat I- of i on ilidy the test of thi Prop: liont in full. 1 uige on to consult uith yntr ftienJs. neghhon anJ local tiiic leaden in older that ton na ) gain all inf ot nation netiffar ) to nnihr a jnf and itiw detiion. i i e C.LYDV. L. MILLER Set retar ) of State PROPOSITION NO. 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 hint. 1 EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT GOVERNOR .TO THE SECRE DELETE TARY OF STATE AS A CONSTITUTIONAL OFFICER; TO ALLOW THE STATE AUDITOR AND STATE TREASURER TO RUN FOR REELECTION TO. .THEIR RESPECTIVE PERMIT ' OFFICES; TO The Legislature to VETOED ACT ON BILLS BY THE GOVERNOR AFTFR ADJOURNMENT; TO PLACE THE STATE LIEU IN AUDITOR OF THE SECRETARY OF STATE ON THE BOARD OF EXAMINERS- TO REQUIRE THE BOARD OF EXAMINERS TO EXAMINE ONLY UNLIQUIDATED CLAIMS: AND TO M A K E OTH E R CH A N C. ES THE IN EXECUTIVE ARTICLE. (THE PRESLAW AND THE ENT PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) IE 'n oti It: i : dud h) nl he St .It if. ijt r ., Lt;-'!.- . ni Utah. pieinhtf i ill ti.l Ii t.no of On til" " fa: "I thin-- .,K I: islature at any special sion, 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, :t be not beyond thp lime fixed for the convening rf the next Legislature. Section 8. Procedure for bills passed by the legislature. Every bill passed by the Legislature, before it becomes a law, shall bo 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 it excepted, it shall become a law without his if signature; 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 providevi 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 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 cf reconvening the Legislature. If of the members of each house arc in favor cf reconvening, the Legislature shall be convened in a session no 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 aopropration disapproved. If upon reconsideration, the bill or item of appropriation again passes both houses cf t he 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-thir- . Proposed Amendment Adjournment ses- Pi.ir I'eHoie Citi'ein: 7 hi Lt yifature of thi State of Utah hat for i ntinlid me u it h the mpmnihilit) the ftdioun ii Plopolitioii. U hit I) I' tv. the CouVit utiioi laU to ihaiy of th Sincerely 7. of the legislature. In case of a disagreement between the two houses of the Leg- SALT LAKE CITY 3. Section Eligibility No person qualifications. shall be eligible to the office of Governor or Lieutenant Governor unless he shall have aitained 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 proviJed 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. Comandcr-in-chieThe Governor shall Comander-in-Chie- f of the military forces of the state, except when they shall be called into the service of the United States. He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel inv asion. 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 in- capable 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 disability 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. Section It is proposed to VII of the amend Article ConstituPon of the State of Utah to read: Section Elective conThe officers stitutional elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor, State Auditor. State and Attormv Treasurer, General, each of whom shall hold his office for four years, beginning nn 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, hooks and papeis at the seat of government. They shall perform such duhes as are prescribed by this Constitution and be prison bed by law. 1 Election of Section 2 constitutional otiicers. The s u i olt i provided for i.i set t ioii one of this article shall be elected by the (luahlud voters of thi Sta'e at the time and pla.-of voting f.ir members of the Legislature, and the hnv P uiC the lushest number of votes east for the office voted f,r shall be eleet d but lf t'0 or sl.;,p hate an equal and the If lest number uf voti lor any one of said offices, the two houses of the Lt iture, at its nnt legu- -- si S'lnn. hall .with hv joint ballot 'll per-on- s for Lction, camiidnh s for Governor and Lieutenant Governor fur each po. 5. Section F.xecutive 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 I 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 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 invest, gale and report to him upon the condition of any executive office or Sta'e Institution He Hiatt communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may dot m expedient Section 6 Convening of the legislature on evtraor-eliuaroerasi.ins. On ex- ti aordmary occasions, the Governeir mav i.uiVeiw the Legislature by proclamation. in which shall he State-etile put pose for which tlm Legislature is to be convened, and it shall transact no legislative business except that fur which it was especially convened or sudi other Ug.slalive business as the Governor may call to it- - nttewition while in session. The Leg tslj'ure, however, may provide for the expenses o the session and other mattes s incidental thereto. The Governor may also by pr cljruation convene the v Section 13. Board of examiners. Untn otherwise provided by law,, the Governor, Attorney General and State Auditor shall constitute a Board of Examiners, with power to exall amine unliquidated claims against the State except salaries ur 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 upon by the said Board of Examiners. Section 14 Lieutenant Duties. The governor Lieutenant Governor shall serve on all boardsandeom-rnission- s in lieu of tlie 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, Tlie State Auditor shall he Auditor of Public Accounts, and the State Treasurer shall be the custodian cf public moneys, and each shall perform such other duties as may he provided by law. 16 Section Attorney Tlie Attorney 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. of The Superintendent shall Public Instruction perform such duties as may be provided by law. The disability of thq 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 a fives. Such determination shall be final and conclusive. The Supreme Court shall upon joint request of tlie President of the Senate and the Speaker of the House of Representative.-- , upon request of the Governor, or upon its own determine if and when the disability ceases. Section 18. CompensaThe Supreme Court h&;s extion. The Governor, Lieu'deelusive jurisdiction to tenant State Governor, termine all 'qtioMvoifcTifri.s -- XreVHirer. or ing undertints sectioH;'' AHorney General and such i other State and District of- -' Section 12. Board ot parficcrs as may be provided dons. Until otherwise profor by Saw, shall receive vided by law. the Governfor their services monthly, or, justices of the Supreme a compensation as fixed by Court and Attorney General shall constitute a law. Board of Pardons, a MaThe compensation fur jority of whom, including said officers as provided in the Governor, upon such all laws enacted pursuant conditions, and with such to tins Constitution, shall limitations and restrictions be in full for all services as they deem proper, may rendered by said officers, remit fines and forfeitures, respectively, in any official commute punishments, and capacity or employment their grant pardons after conrespective during victions, in all cases exterms of office. No such cept treason and impeachofficer shall receive for the ments, subject to such regpeiformance of any official ulations as may be providduty any fee for his own ed by taw, relative to the use, but all fees fixed bymanner of applying for law for the performance pardons; but no fine or forby either of them of any feiture shall be remitted, official duty, shall be coland no commutation or lected in advance and degranted. except posited with the State pardon after a full hearing before Treasurer monthly to the the Board, in open session, credit of the State. The after previous notice of the Legislature may provide time and place of such for the payment of actual and necessary expenses of hearing lias been given. said officers while travelSection 9 Vacancies of The proceedings and decisions of tiie Board, with state or district office. ing in the performance of When any State or district the reasons tnerefor in official duty. each case, together with office shall become vacant, Section 19 Grants and of any member the dis.-eand no mode is provided by commissions. All grants who may disagree, shall be he Constitution and laws and commissions shall be for filling such vacancy, reduced to writing, and in the name and by the tinGovernor shall have filed with all papers used authority of the State of the power to fill the same upon the hearing, in the Utah, scaled with the office of such officer ns by granting a commission, Great Seal of the Slate, which shall expire at the provided by law. signed by the Governor, next election, and upon and countersigned by such The Governor shall have qualification of the person officer as may be provided electi d to such office. power to grant respites or law. reprieves in all cases of by Section 10 State and convictions for offenses Section 20. "The Great district officers. The GovSeal of the State of Utah". against the Stall', except ernor shall nominate, and treason or conviction on There shall be a seal of by and with consent of the the State which shall be impeachment, tint suet) resSenate, appoint all Sta'e or reprieve.-- shat! not called "The Great Seal of pites and district officers whose the State of Utah," and extend lx tin' next offices are established bv session of yomt tin Rnard of shall be kept by such ofthis Constitution, or which ficer as provided by law. 1ardons; and sm h Hoard, may be created by law. and at soil) session, shall conSection 21. Conflicting whi.se appointment or elec, tinue ur determine such offices. No person, while tion is not otherwise prorespite or reprn ve. ur they holding anv otfice under vided for If during thi may commute tin- punishthe United Slates governn cos of the Senate, a vacment. or p a i del, the ofment, shall hold any office in occur or State ancy any fense as lirriin provided under the State governdistrict office, the GovernIn case of convution for ment of Utah. or shall appoint some qualtreason, the Governor shall ified person to discharge Section 2 have the to the duties thereof until t edition power of amendment if the sentence, the next meeting of the until tlie ca-- e shall The Secretary tie re,o dircctrd to sub 'ha!) pelled to the gislature posed amendment to the nominate some person to at its ru xt si ssion when fill such office, If the ofelectors of the Slate of tlie Legislature shall either at the next gem ral fice i f Lieutenant Governor commute the Utah pardon, election m the manner proor. State Auditor, State or direct its sentence, law. Treasurer or Attorney he shall eoinmtmi-cat- e vided by General he vacated in to the L gist,, lore at Section? Effective elate. di ath, resignation or othereaeli regular session eeh If approved by the electors-owise, it shall be the du'y case of remission of fme or this stale, this mnei.d-inen- t of tile Governor lo fill the shall take effect "ii forfeiture, reprieve, same by appointment, and nr pardon grant-iJanuary 3. 1977, except as the appointee shall hold tint previous follows: All candidates for hs office until his successor repotsince t. stating tin name of the state offices provided shall be elected and qu-- time convict, the (rime for in tins amendment shall tled as may be by law which he was convicted, stand for election to these d. the sentence and its date, offices under the provithe date n f remission, comsions of this amendment Siction 11. Succession of office. In case of the mutation. pardon or reduring the election year t I death uf the Governor, lu 1976. n asoos prieve. with -' two-third- Section for granting the "saine, and the objections,' if "'tiny, of any member of the Board made theretf). 1 two-thir- f. be impeachment, re m o v a from office, resignation. absence from the state, or disability to discharge the duties of the office, or in case of a Governor-elec- t nt 1 la-- , too-vid- 1 i c' that for which it ""'IS or such pccially convened, other legislative business as tlie Governor may call to its attention while m 3 he Legislature, session however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamaton convene the Senate in session for the transaction of executive business. 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, and Attorney General, earh 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 a! 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 AdjournSection 7. ment of legislature by gova disof case In ernor.! agreement 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 he not beyond the time fixed for the convening of the next Legislature. Department, during their terms of office, shall reside at tlie seal 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. 1 rn-o- ap-pe- i Gov-erno- U ay tiu the Secretary of Stale, 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 he displaced, or tie 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 or temporary disability, absence from the State, shall he entitled to the salary and emoluments of the Governor Section 8. Bills preVeto sented to governor bills. Appropriation Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if lie approve, lie shall sign it. and thereupon it shall become a law; but if lie do 1951.- ) not approve, he shall reSection 2. t Election turn it with his objection Tie, legislature to elect.t lo the house in which it The officers provided for originated, which house in section one of this artshall enter the objections icle shall he elected by the at large upon its journal qualified electors of the and proceed to reconsider State at tlie time and place the bill. If, after such reof voting for members of consideration. it again the Legislature, and Unpasses both houses by a havpersons respectively s yea and nay vote of ing the highest number of of the members votes cast for the office elected to each house, it voted for shall be elected; shall become a law, notbut if two or more shall withstanding the Governhave an equal and the or's objections If any bill votes of number highest be not returned within five of for any one said offices. days after it shall have he two houses of the Legbeen presented to him. islature. at its next regu-l- a on (Sunday and the ses'ion, shall elect which lie received day it exforthwith by joint ballot the same shall be one of such persons for cepted,) a law in like manner as if said office. he had signed it. unless the Legislature by its final adSection 3. Qualifications of governor and other journment prevent such reNo turn. in which case it shall executive officers. person shall he eligible to be filed with his objections the office cf Governor or in the office of the SecreSecretary' of State hutess tary of 'State Within 'ten n he' shall 4iave attained days after -- such adjournthe! ago of thirty years a ment (Sundays excepted) the time of his election, nor i.r become a law. If any to the office of Attorney bill presented to the GovGeneral unless he shall ernor contains several have attained the age of items of appropriations of e at the money, he may object to twenty-fivyears time of h;s election, and one or more such items, have been admitted to while approving other porpractice in the Supreme tions of the bill; in such Court of the Territory or case he shall append to tlie of the State of Utah, nor bill at the time of signing unless he shall be in good it, a statement of the item standing at the bar at the or items which ho declines time of iiis election. No to approve, together with person shall be eligible to his reasons therefor, and any of the offices provided such item or items shall for in section one of this not take effect unless article, unless at the time passed over the Governor's of his election he shall he objection as in this section a qualified elector, and provided. shall have been a resident Section 9 Governor citizen of the State or Terfill certain vacancies. ritory for five years next may When any State or district preceding his election. The Slate Auditor and Stale officeno shall become vacant, and mode is provided by Treasurer shall be ineligible to election as their the Constitution and law for filling such vacancy, own successors. the Governor shall have Governor the power to fill the same Section 4. commander-in-chief.The by granting a commission, Governor shall be which shall expire at the of the next election, and upon military forces of the Slate, qualificuton of the porsmi except when they shall be elected to such office. called into the service of the United States. He shall Section 10 Governor's 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 Governor. The Governor officers whose offices are shall see that tlie laws are established by this Constitution. or which may be he executed; faithfully shall transact all executive created by law, and whose or election is business wilh the officers appointment not otherwise provided for. of the government, civil If, during the recess of tlm and military, and may reSenate, a vacancy occur in quire inhumation in writany State or district office, ing from the officers of the the Executive Department, and someGovernor shall appoint qualified person to from the officers and mandischarge the duties thereof agers of Stale Institutions until the next meeting of upon any subject relating to the condition, manage-ni- i the Senate,, when he shall nominate some person to nt, and expenses of their fill such office. !f the ofanti instii! 'pevtive imn.es fice of of State. at anil tutions. any time State Secretary Auditor, Stab' Treaswhen the Legislative A urer or nibly is not in session, he vacatedAttorney General by death, resigmay. if he deem it necesnation or otherwise, it shall sary, appoint a committee he the doty of (lie Govt r to investigate and report to to fill Hie same by him upon the condition of Imc nt, if sip. any executive otfice or pointee sh ill u,el hold his ofState Institution He shall fice until his successor comnumicaU' by message shall be t'lcded and qualithe condition of the Stae fied, as mav be by law to the I at every (As amended provided regular session, and recom-mNovember 7. 194 4. effecnd such measures' as lie tive January 1, 1945, Nomay deem expedient vember 7, 1950, effective Section 6 Convening of January 1, 1951.) extra sessions of legislature. Section 11. Vacancy in On extraordinary office of guvernor.l In case occasions, the Governor of the death of the may convene the Legislaor his impeachment, ture tiy proclamation, in winch shall be stated the removal from otfice, inability to discharge the duties purpose for which the- Legof his resignation, or islature is to be convened, absenceof lire, from the Mate, the and it shall transact no legpowers and duties 0f islative business exiept office shall devolve said open two-third- ri h ft fi 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 eases except treason and impeachments, subject to such regulations as may be provided by law, relative to tlie 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 tlie time and place of such hearing lias been given. The proceedings and decisions of the Board, with the reasons therefor in each case, together with tlie dissent of any member who may disagree, shall lie reduced to writing, and filed with all papers used upon tlie hearing, in tlie 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 Hie 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, tlie crime for which lie was convicted, the sentence and its date, the date of remission, commutation, pardon or reprieve, with the reasons for grantng the same, and the objections, if any, of any member of the Board made thereto. Section 13, State Prison Commissioners Board of Examiners. Until otherwise provided by law, the of Governor, Secretary State and Attorney General shall constitute a Board of State Prison Commissioners, which Board shall have such supervision of all matters connected with the State Prison as may be provided by law. They shall, also, constitute a Board of Examiners, with power to examine all claims against the State except salaries or compensation of officers fixed by law, and perform such other duties as may be 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. pro-sc-tb- 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 nvty be provided by law. Section 15 Reform school commissioners. t Until Otherwise provided by ( |