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Show x o (O re re re Senate SALT LAKE CITY 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 Section September 1, 197-Dear Fellow Citizens: I he Legislature of the State of Utah has entrusted me with the responsibility for publishing the following Propositions, which 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 Not ember 5, 197 i 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 friends, neighbors and local civic leaders in order that you may gain all information necessary t render a just and wise decision. 1 re-Lit- e Sincerely. Proposed Amendment PROPOSITION NO. 1 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 OFCONSTITUTIONAL FICER; TO ALLOW THE STATE AUDITOR AND STATE TREASURER TO RUN FOR REELECTION TO THEIR RESPECTIVE OFFICES: TO PERMIT T HE LEGISLATURE TO ACT OW BILLS VETOED BY THE GOVERNOR AFTER ADJOURNMENT; TO PLACE THE STATE 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 MAKE OTHER CHANGES IN THE EXECUTIVE ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is resolved by the Leg- islature of the State of Utah, of all members elected to each of the two houses voting in favor there-of- : ds Section 1. Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: Section 1. Elective constitutional officers. The elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor, State Auditor, 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. 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. extraordinary State or Utah OFFICE OF THE SECRETARY OF STATE two-thir- in session for the transaction of executive business. 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 7. Adjournment 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 if 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 objections thereto with such officers as provided by law. The Governor may disapprove any item or items of appropriation contained in any bill while approving other portions of the bill; in such case he shall append to the bill at the time of signing it, a statement of the item or items which he disapproves, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governors objections as provided in this section. If the Governor disapproves any hill 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. Section 9. Vacancies of state 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 Senate, when he shall nominate some person to fill such office. If the office of Lieiitenant Governor, State Auditor, State Treasurer or Attorney General be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified as may be by law provided. Section 11. Succession of office. In case of the death of the Governor, his 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. Section 3. Eligibility qualifications. No person shall be eligible to the office of Governor or Lieutenant Governor unless he shall have attained to the age of thirty years at the time of his election, nor to the office of Attorney General unless he shall have attained the age of twenty-fiv- e years at the time of his election, and have been admitted to practice in the Supreme Court of the State of Utah, nor unless he shall be in good standing at the bar at the time of his election. No person shall be eligible to any of the offices provided for in section one of this article, unless at the time of his election he shall be a qualified voter, and shall have been a resident citizen of the State for five years next preceding his election. Section 4. Comander-in-chieThe Governor shall be Comander-in-Chiof the military forces of the 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 5. 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. f. ef 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 Lege islature, however, may for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the pro-vid- two-thir- two-thir- ds ds ds 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 re- disability signs, 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. 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 Represent atives. Such determination shall be final and conclusive. The Supreme Court shall upon joint request of the President of the Senate and the Speaker of the House of Representatives, upon request of the Governor, or upon its own determine if and when the disability ceases. The Supreme Court has exclusive jurisdiction to determine all questions arising under tliis section. in-itati- ve, Section 12. Board of pardons. Until otherwise pro- vided 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 Governor, Attorney General and State Auditor shall constitute a Board of Examiners, with power to examine all unliquidated claims against the State except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law; and no 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 Examiners. Section 14. Lieutenant Duties. The governor Lieutenant Governor shall serve on all boardsandroin-mission- s in lieu of the Governor whenever so designated by the Governor, shall perform such duties as may be delegated to him by the Governor, shall devote his full time to his duties, and shall perform such other duties as may be provided by law. Section 15. State auditor. The State Auditor shall be Auditor of Public Acand the State counts, Treasurer shall be the custodian of public moneys, and each shall perform such other duties as may be provided by law. 16. Section Attorney The Attornev general. General shall be the legal advisor of the State officers, except as otherwise provided by this Constitution, and shall perform such other duties as may be provided by law. Section 17. Superintendent of Public Instructions. The of Superintendent Public Instruction shall perform such duties as may be provided by law. Section 18. Compensation. The Governor, Lieutenant Governor, State Auditor, State Treasurer, Attorney General and sucli other State and District officers as may be provided for by law, shall receive for their services monthly, a compensation as fixed by law. The compensation for said officers as provided in all laws enacted pursuant to this Constitution, shall be in full for all services rendered by said officers, respectively, in any official capacity or employment during their respective terms of office. No such officer shall receive for the performance of any official duty any fee for his own use, but all fees fixed by law for the performance by either of them of any official duty, shall be collected in advance and deposited with the State Treasurer monthly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while traveling in the performance of official duty. Section 19. Grants and All grants commissions. and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and countersigned by such officer as may be provided by law. Section 20. (The Great Seal of the State of Utah. There shall be a seal of the State which shall be called The Great Seal of the State of Utah, and shall be kept by such officer as provided by law. Section 21. Conflicting offices. No person, while holding any office under the United States government, shall hold any office under the State government of Utah. Section 2. Submission of amendment to electors. The Secretary of State is directed to submit this proposed amendment to the electors of the State of Utah at the next general election in the manner provided by law. Section 3. Effective date. If approved by the electors of this state, this amendment shall take effect on January 3, 1977, except as follows: All candidates for the state offices provided in this amendment shall stand for election to these offices under the provisions of this amendment during the election year of 1976. that for which it was Present Provision EXECUTIVE ARTICLE Section 1. Executive deTerms, resipartment dence, 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 of office of those elected at the first election shall begin when the State shall be admitted into the Union, and shall end on the first Monday in January, A.D. 1901. The officers of the Executive 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 this Constitution and as may be prescribed by law. (As amended November 7, 1950, effective January 1, 1951.- ) Section 2. Election Tie, legislature to elect.! The officers provided for in section one of this article shall be elected by the qualified electors of the State at the time and place 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 of voting for members of 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-fiv- e years at the time of his election, and have been admitted to practice in the Supreme Court of the Territory or of the 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 elector, and shall have been a resident citizen of the State or Territory for five years next preceding his election. The State Auditor and State Treasurer shall be ineligible to election as their own successors. Governor Section 4. The Governor shall be of the of forces the State, military 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 5. Duties 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 officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the Legislative Assembly is not in session, commander-in-chie- f. Com-mander-in-Ch- may, if he deem it neces- ief sary, 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 extra sessions of legislature. 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 es- pecially 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. Section 8. Bills presented to governor Veto bills. Appropriation Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his objections to the house in which it originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If, after such reit again consideration, passes both houses by a yea and nay vote of of the members elected to each house, it shall become a law, notwithstanding the Governors objections. If any bill be not returned within five days after it shall have been presented to him. (Sunday and the day on which he received it excepted,) the same shall be a law in like manner as if he had signed it, unless the Legislature by its final adjournment prevent such return, in which case it shall be filed with his objections in the office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law. If any bill presented to the Governor contains several items of appropriations of money, he may object to one or more such items, while approving other portions of the bill; in such case he shall append to the bill at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governors objection as in this section provided. Section 9. Governor may fill certain vacancies. When any State or district office shall become vacant, and no mode is provided by the Constitution and 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 qualificaton of the person elected to such office. two-thir- Section 10. Governor's Vacanappointive powei cies.! The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy occur in any State or district office, the Governor shall appoint some qualified person to discharge the duties thereof until the next meeting of the Senate,' when he shall nominate some person to fill such office. If the office of Secretary of State, State Auditor, State Treasurer or Attorney General be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified, as may be by law provided. (As amended November 7, 1944, effective January 1, 1945; November 7, 1950, effective January 1, 1951.) Section 11. Vacancy in office of governor.l In case of the death of the Gov- ernor, or his impeachment, removal from office, inability to discharge the duties of his office, resignation, or absence from the State, the powers and duties of said office shall devolve upon ds 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. Section 12. Board of TO pardons Respites and reprieves. Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney o General shall constitute a oI Board of Pardons, a majoro ity of whom, including the 03 m Governor, upon such conTO ditions, and with such limitations and restrictions as oo they deem proper, may remit fines and forfeitures, NO commute punishments, and --J 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 ti ne 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 tn hearing, in the office of the --I Secretary of State. a 1 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 and such Board, Pardons; al such session, shall continue cr 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 regular session, when the Legislature shall either pardon, or commute the sentence or direct its execution; he shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, commutation or pardon granted since the last previous report, stating the name of the convict, the crime for which he wras 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 Governor, Secretary of 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 prescribed by law; and no claim against the State, except for salaries and compensation of officers fixed by law, shall be passed upon by the Legislature without having been considered and acted upon by the said Board of Examiners. Section 14. Insane Asylum Commissioners. Until otherwise provided by law, the Governor, State Treasurer and State Auditor shall constitute a Board of Insane Asylum Commissioners. Said Board shall have such supervision of all matters connected with the State Insane Asylum as may be provided by law. 15. Section Reform school commissioners. Until otherwise provided by r 71 m to H Im co 7Z m H co 73 O - on c 03 73 00 NO o o to a H 37 Present Provisions Cont. re re 3 |
