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Show f Thursday, October 17, 1974 Proposed Changes in Utah's Constitution and Comparable Present Provisions Senate in extraordinary session for the transaction of executive business. State of Utah rriCC OF THE CCDETARY OF STATE ALT LAKE CITY September 1, 197-- i Dear Fellow Citizens: The Legislature of the State of Utah has entrusted me with the responsibility for publishing the following Propositions, which relate to changes in the Constitution of the State of Utah. In the beginning of the body of each Proposition has been set forth the Biillot Title of the Proposition as it will appear on the General Election Ballot on November 5, 197-together with a copy of the present constitutional provision. Because of the very serious nature of 1 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 ftieuds. neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision. Sincerely. 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. 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 CONSTITUTIONAL OFFICER: 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 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 it resolved by the Leg-'idline of the Sl.ile of 1'l.tb. of .ill members ehcuJ to t.iib of the hi o houses toting in favor there.! lun-tbir- of: 3. Section Eligibility No person qualifications. shall be eligible to the office of Governor or Lieutenant Governor unless he shall have attained to the' age of thirty years at the timeT 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-bee- n admitted to practice hi 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-chie- f. The 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. ef 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 tor the convening cf the next Legislature. Section 8. Procedure tor bills passed by the legislature. Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approves, he shall sign it, and thereupon it shall become a law; but if he disapproves, he shall return it with his objections to the house in which it which house originated, 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 two-thirthe 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 shell become a law without his if legislative signature; adjournment prevents return of the bill, it shall become a lsw unless the Governor within twenty days after adjournment files his thereto with objections such officers as provided by law. The Governor may disapprove any item or items of appropriation contained in any bill while approving other portions of the bill; in such case he shall append to the bill at the time of signing it, a statement of the item or items which he disapproves. together with his reasons therefor, and such item or items shall not take effect unless passed over objections .'he, Governor's i.M provided in this section. If the Governor disapproves any bill or item of appropriation after the adjournment sine die of any session of the Legislature, the presiding officer of each house shall poll the members of their respective houses on the matter of reconvening the Legislature. If two-thirof 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 tor 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 the Legislature by a yea and nay vote of of the members elected to each house, the bill shall become law or the item of appropriation shall take effect. two-thir- Section Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: Section 1. Elective conThe officers. 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 sent of government. They shall perform such duties as arc prescribed by this Constitution and ns may be prescribed by law. 1. stitutional Section 2. Election of constitutional officers. The officers provided for in section one of this article shall be elected by the qualified voters of the State at the time and place of voting for members of the Legislature, and the persons respectively having the highest number of votes cast for the office voted for shall be elected' but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature. at its next regular session, shall elect forthwith by joint ballot one of such persons for said office. In the election, the names of the candidates for Governor and Lieutenant Governor for each po 5. Section Executive power. The executive power of the State shall be vested in the Governor, who shall see that the laws are faitfully executed. He shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and may at any time when the Legislature is not in session, may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or Stato Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may deem expedient. Section 6. Convening of the legislature on extraordinary occasions. On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business except that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the 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 Lieutenant 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 tile same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified as may be by law provided. Section 11. Succession of office. In case of the death of the Governor, his impeachment, removal from office, resignation, absence from the state, or disability to discharge the duties of the office, or in case of a Governor-elec- t who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the absence nr disability ceases or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Lieutenant Governor resigns, dies, is displaced, is absent from the State, or becomes incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the absence or ceases. If in this case the President of the Senate resigns, dies, is displaced, is absent from the State, or becomes incapable of performing the duties of the office, the Speaker of the House shall act as Governor until the vacancy is filled or the absence or disability ceases. While performing the duties of the Governor as provided in this section, the Lieutenant Governor, the President of the Senate, or the Speaker of the House us the case may be, shall be entitled to the salary and emoluments of the Governor, except in cases of temporary disability or absence from the state. disability The disability of the Governor or person acting as Governor shall be determined by a majority of the Supreme Court on joint request of the President of the Senate and the Speaker of the House of Representatives. Such determination shall be final and conclusive. The Supreme Court shall upon joint request of the President of the Senate and the Speaker of t of Representatives, upon request of the Governor, or upon its own determine if and when the disability ccasc. The Supreme Court has exclusive jurisdiction, to determine all questions arising under this section. Section 12. Board of pardons. Until otherwise provided by law. the Governor, justices of the Supremo Court and Attorney Gena eral shall constitute 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 xecution 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 unliouidated 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. Present Provision EXECUTIVE ARTICLE Section 1. Executive deTerms, resipartment dence, and duties of officers .1 The Executive Department shall consist of Governor, Secretary of State, State Auditor, State Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning on the first Monday 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 Section 14 Lieutenant Executive Depart ment, Duties. The during their terms of ofgovernor Lieutenant Governor shall fice, shall reside at the seat of government, where they serve on all boardsand commissions in lieu of the Govshall keep the public recernor whenever so desigords, books and papers. nated by the Governor, They shall perform such shall perform such duties duties as are prescribed by as may be delegated to him this Constitution and as by the Governor, shall demay be prescribed by law. vote his full time to his (As amended November 7. duties, and shall perform 1950, effective January 1. such other duties as may 1951.- ) be provided by law. Section 2. Election Section 15. State auditor. Tie, legislature to elect.l The State Auditor shall he Thu officers provided for Auditor of Public Acin section one of this artcounts. and the State icle shall be elected by the Treasurer shall be the cusqualified electors of the todian of public moneys, State at the time and place and each shall perform of voting for members of such other duties as may the Legislature, and the be provided by law. persons respectively having the highest number of 16. Section Attorney votes cast for the office The Attornev general. General shall be the legal voted for shall be elected; but if two or more shall advisor of the State offichave an equal and the ers, except as otherwise highest number of votes provided by this Constitufor any one of said offices, tion, and shall perform such other duties as may the two houses of the Legislature, at its next regube provided by law. lar session, shall elect Section 17. Superintendforthwith by joint ballot ent of Public Instructions. one of such persons for of said office. The Superintendent Public Instruction shall Section 3. Qualificaperform such duties as may tions of governor and other be provided by law. No executive officers.l Section 18. Compensaperson shall be eligible to the office cf Governor or tion. The Governor, State Secretary of State unless Governor, Auditor, State Treasurer, he shall have attained to Attorney General and such the age of thirty years at other State and District ofthe time of his election, nor ficers as may be provided to the office of Attorney for by law, shall receive General unless he shall for their services monthly, have attained the age of a compensation as fixed by twenty-fiv- e years at the law. time of his election, and The compensation for have been admitted to said officers as provided in practice in the Supreme all laws enacted pursuant Court of the Territory or to this Constitution, shall of the State of Utah, nor unless he shall be in good be in full for all services rendered by said officers, standing at the bar at the time of his election. No respectively, in any official person shall be eligible to or employment capacity their respective any of the offices provided during terms of office. No such for in section one of this officer shall receive for the article, unless at the time performance of any official of his election he shall be duty any fee for his own a qualified elector, and shall have been a resident use, but all fees fixed by citizen of the State or Terlaw for the performance by either of them of any ritory for five years next preceding his election. The official duty, shall be colState Auditor and State lected in advance and deposited with the State Treasurer shall be ineligTreasurer monthly to the ible to election as their credit of the State. The own successors. Legislature may provide 4. Section Governor for the payment of actual commander-in-chie- f. The and necessary expenses of Governor shall be said officers while travelof the ing in the performance of military forces of the State, official duty. except when they shall be Section 19. Grants and called into the service of AH grants the United States. He shall commissions. and commissions shall be have power to call out the in the name and by the militia to execute the laws, authority of the State of to suppress insurrection, or Utah, sealed with the to repel invasion. Great Seal of the State, Section 5. Duties of signed by the Governor, Governor. The Governor and countersigned by such shall see that the laws are officer as may be provided he faithfully executed; by law. shall transact all executive Section 20. "The Great business with the officers of the government, civil Seal of the State of Utah. There shall be a seal of and military, and may rethe State which shall lie quire information in writcalled The Great Seal of ing from the officers of the the State of Utah, and Executive Department, and shall be kept by such offrom the officers and manficer as provided by law. agers of State Institutions upon any subject relating Section 21. Conflicting to the condition, manageNo person, while offices. and expenses of their holding any office under ment, respective offices and instithe United States government, shall hold any office tutions, and at any time when the Legislative Asunder the State governsembly is not in session, ment of Utah. may, if he deem it necesSection 2. Submission sary, appoint a committee to investigate and report to of amendment to electors. The Secretary of State is him upon the condition of directed to submit this proany executive office or posed amendment to the State Institution. He shall of the electors State of communicate by message Utah at the next general the condition of the State election in the manner proto the Legislature at every vided by law. regular session, and recomSection 3. Effective date. mend such measures as he may deem expedient. If approved by the electors of this state, this amendSection 6. of ment shall take effect on extra sessionsConvening Of legislaas 3, 1977, ture. On extraordinary except January follows: All candidates for occasions, the Governor the state offices provided may convene the Legislain this amendment shall ture by proclamation, in stand for election to these which shall be stated the offices under the provipurpose tor which the Legsions of this amendment islature is to be convened, during the election year of and it shall transact no leg1976. business except islative Lieu-"tenanr- "" that tor which it was 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. 7. Section 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 Appropriation bills.l 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 which house originated, shall enter the objections 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 two-thirof 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 ex- -' cepted,) 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. Section 10. Governor's 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 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 (As amended provided. November 7, 1944, effective January 1, 1945; November 7, 1950, effective January 1, 1951.) Section 11. Vacancy in office of governor. 1 In case of the death of the Governor, 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 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 or temporary disability, absence from the State, shall be entitled to the salary and emolumonts of the Governor. Section 12. Board of pardons Respites and reprieves. Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions, and with such limitations and restrictions as they deem proper, may 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 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 tor treason, the Governor shall have the power to suspend execution of the sentence, until he 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, or pardon commutation 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 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 all power to examine 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. Section 15. Reform school commissioners. Until otherwise provided by Present Provisions Cvnt. |