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Show TUESDAY, MARCH 7, 1972 THE DAILY RECORD PAGE SEVEN T State of Utah Office of the Attorney General I OPINION NO. ' ' general rule is that courts will considerthethe language provision, used, the objects to be accomplished by and the surrounding circumstances. 16 C.J.S. Const - 72-0- 07 1- tutional February 28, 1972 48. Law relied In Jaramillo. the Court made by J; Earl Jones, Chief of Police, Salt REQUESTED BY: and Oklahoma each have City Police Department Vernon B. Romney, Attorney General David S. Young, Chief Assistant Attorney General PREPARED BY: Is the?e a Utah constitutional or statutory officers working prohibition against police week? QUESTION: a day, four days a ten-ho- ur the dispo-sitio- ns The other courts of similar problems. Ohio, Utah, Wyoming, Montana, states of Arizona, Idaho, Lake on eight-ho- ur provisions written day into their respective constitutions. In each statewasa statute implementing the constitutional provision enacted some years after adoption of the constitution, and the courts of the respective states, in which there had been litigation upon this subject, had held the constitutional provision not to be self -- executing. of the Utah Constitution deals with provision of 6 is labor in general, and the eight-ho6 is not one of eight sections thereunder. That is best evidenced by the language of 7, which states that the "legislature, by appropriate legislation, shall provide for the enforcement of the provisions of Art. XVI ur self-executi- ng See CONCLUSION: opinion. statute that did place an eight-holimit on public works was repealed last year. Therefore, the provision as it now stands is merely a declaration of public policy, remaining dormant until activated through legislative enactments. this Article." OPINION Constitution, Art. The Utah with the XVI, deals 6 day and reads: eight-ho- ur of the Utah Constitution were considered to be self executing, that provision would net necessarily apply to the work of law enforcement officers. "Eight hours shall constitute a day's work on all works or undertakings carried on or aided by the state, county Even Constitution was adopted in 1895, and a statute Utah giving effect to the cited provision was enacted-- in 1898. Code Ann. S (1953) provided for an eight hour working day in all penal institutions and on all works and undertakings carried on or aided by the state, county or municipal government, except in cases of emergency where life or property would be in imminent danger. This section was repealed by the legislaincorporated ture in 1969, but substantially the same language was new . section This (1953) Code Ann. in what became Utah itself ms -1 1-1 subsequently repealed in 1971 (Laws of Utah 1971, !h. 73, S 11) . An eight hour day is still the rule in unelters, mines and related industries, but the applicable lection is not relevant to law enforcement officers. -- The remaining pertinent Utah statute deals with the work week rather than the work day. Utah Code Ann. 34-3(1953) states:. 0-8 all statute gives works and on by the state, Utah statutes limit of hours which but of hours designate the 6 ur practice does not include governmental services. it does, the constitutional provision is not it until activated through legislative enactment . Respectfully submitted, manner in which the may v be required without four-da- work week would not y "Eight hours shall constitute a day's work in all cases of employment by and on behalf of the state or any county or municipality thereof." but The Court held that this section was not self-executi- ng was a declaration of principle or policy as to the number of hours employees should work, and that an enabling act was necessary to give the section any effect. The determination constitutional provisions is New Mexico Court never really a semantic came to grips with that issue. Constitutional provisions are not selfexecuting if they merely indicate a line of policy or printhe means by which such policy or ciples without supplying principles are to be carried into effect, or if the language of the Constitution is directed to the legislature, or if it appears from the language used and the circumstances of its adoption that subsequent legislation was contemplated to carry it into effect. A constitutional provision which is not self executing remains inoperative until rendered effective by supplemental legislation. Whether or not a -- provision is , i self-executi- ng depends upon whether the language is addressed to the courts or to the' legislature whether it indicates that it is intended as a present enactment, complete in itself as definitive legislation, or contemplates subsequent legislation to it into effect. The question is always one of intention and in order to determine the intent, the carry B. VERNON -- A DAVID W ROMNEY Jj-t-, S. YpUNG Chief Assistant Attorney General New Actions Murray City Court 19, which reads: morass, and the has been repealed, the promerely a declaration of public is stands, querque. 64 N.M. 427, 329 P.2d 626 (1958) , the City employees judgment brought an action against the City for declaratory could and a work that they constituted hours day's that eight not'-b- e required to work ten hours a day, four days a week. Art. XX, They based their case on the New Mexico Constitution, of ng, statute and since the enabling now if Even self-executi- violate Section XVI, there is a question whether it would violate Art. Albuv. of City of the Utah Constitution. In Jaramillo self-executi- ng forty hours, Attorney General While a -8, a work week to way paying overtime. 34-30- ur in which this maximum number The Utah Constitution imposes may be accumulated. work day on all "works" and "undertakings" and eight-hocarried oh by State or municipal governments, but this provision as construed in case law, popular usage and present do not accrued, but states only that forty hours may be maximum number forty hours is the indication of the no 24-ho- policy, remaining dormant undertakings carried county or municipal governments, or by any officer of the state, or of any county or municipal government." The fixed works, contracted for public use, such as railways, docks, canals, waterworks, roads, etc. Historically, the and a distinction phrase has not included public services, two. Presently, the Salt has been maintained between the day, and it seems Lake City Fire Department works a reasonable that in this kind of work, as with the police be allowed to estabdepartment, that a public service should public lish its workday to most efficiently discharge its and are particuduty. In any area where services are provided, to it may occur, situations where likely emergency larly be advantageous to both the public and the employee to work -longer than an eight hour day . vision, as "Forty hours shall constitute a working week on 6 XVI Constitutional provision applies to "works" and Words and "undertakings" of all governmental entities. In Phrases, "Public Works," the phrase is used to indicate all The Utah 34-2- if Art.-- The Utah or municipal govern- ments, and the legislature shall pass laws to provide far the health and safety of employees in factories, smelters and mines." 34-3- ur The 5534B- - Western States Credit Assn ve. CORY OLFGN 560.09 bad cheeky ft. S. Barton, atty - Western States Credit Aaen. va. CRAIG L. FMITH ; 5472.47; open account; R. F. Barton, atty 55349- 55350- - tation Salt Lake Tranapor Co. va. ALAN 0. GRIFITK $423.08 promiaaory note J. Carling, atty 55351- - Professional Co. va. WILLIAM J. R. A GREEN; Credit MRS. $178.58; services; D. A. Goodwill, atty - Professional Credit Co. vs. echekhakp a iwr . 55352- puwitt; jaa.Ti; 55355- - Mary 5. Fletcher Certified Collection dba Service va. BRENT $42.00; services; atty Mary S. Fletcher Certifiad Collection Brown, atty 55357- - dba Mary S. Fletcher Certified Collection Serviba va. STEPHEN $26.00; services; J. R. Brown, 55358- - dba Mary F. Fletcher Certified Collection Service vs. GARY WQRSF0LD 55359- - - Fletcher Certified Collection Service vs. HORACE JOEL SALA7AR $50.00; services; Mary S. dba J. R. Brown, atty VRANES attyi' Bureau vs. ALLAN J. A SHI KIEV BAS FORD ; $3?0.35; aervices 55354- dba .Service va. LYNN M. TIPPETS $28.00; services; J. R. $104.00; services; T. P. Vuyk, atty J. 55356- - I. A. UH'iVill, attv 55353- - Nationwide Credit M. SMITH R. Brown Brown, J. R. atty S. Fletcher dba Certifiad Collection Service Mary vs. RAY LAMAR CASPER $40.00 services; J. R. Brown, atty 55360- - Mary S. Fletcher dbet Certified Collection Service va. JACK C. BRUNSON services; J. R. $54.17 Brown, .atty |