Show wssm I' iff''1- V"" ' ' -- B2 0 Thursdoy September 19 1974 es i sons IT©SS1 Senate extraordinary session for the transaction of executive business Utah State of orncr nr th crktary or statk SALT LAKE CITY September 1974 1 Otar fellow Citizens: ' " 'Ibe Legislature of the State of Utah bus cut r mled we with the responsibility for publishing the following Propositions which relate to changes in the Constitution of the Slate of Utah lu the beginning of the body of each Proposition his been set forth the Bdlot Title of the Proposition as it will appear on the General Elation Ballot on November 5 197-- together with a copy of the present constitutional vision Because of the very serious nature of these Propositions which your State Legislature has caused to be plated before you I urge that each of you study the text of the Proposi- tions in full I MrSe y°H lo aISfdt with your friends neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision Sincerely NO 1 SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO j PROVIDE FOR A LIEUTENANT GOVERNOR TO DELETE THE SECRETARY OF STATE AS A R CONSTITUTIONAL TO ALLOW THE STATE AUDITOR AND STATE TREASURER TO RUN FOR REELECTION TO THEIR RESPECTIVE OFFICES TO PERMIT THE LEGISLATURE TO ACT ON BILLS VETOED BY THE GOVERNOR AFTER ADJOURNMENT TO PLACE THE STATE AUDITOR IN IJEU 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 resolt-eby the Legislature of (be Stale of Utah s of all members elected to each of the two houses voting in favor thereof: two-third- Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: Section 1 Section 1 Elective conThe stitutional officers elective constitutional officers of the Executive Department shall consist of Govern r Lieutenant Governor State Auditor State Treasurer ind 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 scat of government They shall perform such duties aa are prescribed hy this Constitution and as may be prescribed by Jaw Section 2 Election of constitutional officers The olficers provided fm in section one of this Article shall be elected hy the qualified voters of 'instate at the time and (lave of voting for members of the Legislature and Unpersons respectively the highest number of votes cast fur hu office voted for shall be ejected-buif two or more shall have an equal and the highest number ef vote: for any one of said off ins the two houses of the Legislature at its mxt reii-la- r hov-in- g t session shall ch-- t forthwith by joint ballot fu vo one of sue!: said office the election names of the candidates for Governor and Lieutenant Governor fur each po- 111 JWWfi Utt : CLYDE L MILLER Secretary of State lltlcal 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 EXECUTIVE ARTICLE REVISION I Section 7 Adjournment of the legislature In ease 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 Scction 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 ball become a law but if he disapproves he shall return it with his objections to the house in which which house hall 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 ttie members elected to each house it shall become a law If anv bill la not returned by the Governor within five days after it has been presented to him Sunday and the day be received it excepted it shall become a law without his if legislative signature adjournment prevents return of file bill it shall become a law unless the Governor within twenty days after adjournment files his objections thereto with such officers aa provided-bylaThe Governor may disapprove any item or items of appropriation contained In any bill while approving other portions of the Mil In such ease he shall append to the Mil 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 Governor’s objections as- provided in this section If the Governor disap- proves 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 of the members of each house are 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 of aopropratlon disapproved If upon reconsideration the Mil or item of appropriation again passes both houses cf file Legislature by a yea and nay vote of of the members elected to each house the MU shall become law or the item of appropriation hall take effect two-thir- Amendment PROPOSITION In III-- ! 3 Section Eligibility nalif leations No person all 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 tor 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-ln-ehie- f The Governor shall of be Comander-in-Chithe military forces of the slate except when they ef 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 3 Executive power The executive power of the State shall be vested in the Governor who shall sec that the laws are faltfully 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 - Section 6 Convening of the legislature on extraordinary occasions On extraordinary occasions the Governor may convene the Legislature by proclamation in which shall be slated the purpose for which the Legislature is to Ik- 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 Go ernor may also by proclamation convene the - - two-thir- ds two-thir- ds ds impeachment removal from office resignation absence from the state or dlsablUty to discharge the duties of the office or in case of a Governor-elewho fails to take office the powers and duties of the Governor shall devolve upon the Lieutenant 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 la absent from the State or becomes incapable of performing the duties of the office the President of the" Senate hall act as Governor until the vacancy is filled or the absence or disability cesses If in this case the President of the Senate resigns dies la displaced Is absent from the State or becomes Incapable of per- forming the duties of the office the Speaker of the House shall act aa Cover: or until the vacancy Is filled or the absence or ceases While performing the duties of the Governor aa 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 ease of temporary disability or absence from the state ct Gov-era- or dit-aMli- ty The disability of the Governor or person acting as Governor (hall 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 hall 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 ex elusive jurisdiction to determine all questions arising under this section ve - Section 12 Board of pardons 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 shall be remitted and no commutation or except pardon granted after a full hearing before for-feitu- re the Board In open session after previous notice of the time and place of such hearing has been given Section 9 Vacancies of The proceedings and deatate or district office cisions of the Board witli When any State or district the reasons therefor in office shaU become vacant each case together with and no mode Is provided by the dissent of any member the Constitution and laws who may disagree shall be reduced to writing and for filling such ycancy the Governor shall have filed with all papers used the power to fill the same upon the hearing in the office of such officer ns by granting a commission which shall expire at the provided by law next election and upon The Governor shall have qualification of the person power to grant respites or elected to such office reprieves in all cases of Section 10 State and convictions for offenses district officers The Gov- against the State except ernor shall nominate and treason or conviction on by and with consent of the impeachment but such resSenate appoint all State or reprieves shall not and district officers whose pites extend beyond the next offices are established by session of the Board of this Constitution or which Pardons and such Board may be created by law and at such session shall conwhose appointment or elec- tinue or determine such tion la not otherwise prorespite or reprieve or they vided for If during the may commute the punishrecess of the Senate a vac- ment or pardon the ofor in occur any State ancy fense as herein provided district office the GovernIn case of conviction for or shall appoint some qualtreason the Governor shall ified person to discharge have the power to suspend the duties thereof until execution of the sentence the next meeting of the until the case shall be reSenate when he shall ported to the Legislature nominate some person to at its next session when fill such office If the of- the Legislature shall either fice of Lieutenant Governor commute the pardon or State Auditor State sentence or direct its exTreasurer or Attorney ecution he shall communiGeneral be vacated by cate to the Legislature at death resignation or other- each session each wise It shall be the duty case ofregular remission of fine or of th Governor to fill the forfeiture comsame by appointment ami mutation orreprieve grantpardon hold the appointee shall ed since the last previous his office until hi "JWfiOr report stating the name of shall be elected and qualiconvict the crime for fied as may be by law pro- the he was convicted which vided the sentence and its date Section 11 Succession the date of remission comof office In case of the mutation pardon or redeath of the Governor hla prieve with the reasons that for which It wu especially convened or such for granting the same and the objections if any of any member of the Board made thereto ' Section 13 Board o( examiners Until otherwise provided by law the 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 I4 1 lea tenant rov ernor — Doties The Lieutenant Governor shall serve on all boa rdssnd commissions 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 Gov-ern- Provision EXECUTIVE ARTICLE or Section L Executive detriment — Terms realdance and ities of officers! The Executive Department shall consist of Governor Secretary of State Slate Auditor State Treasurer and Attorney General each of whom shall hold his office for four years beginning cn Section 15 State auditor The State Auditor shall be' Auditor of Public Ac- counts and the State Treasurer shall be the custodian of public moneys and each shall perform such other duties as may be provided by law 18 Attorney The Attorney 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 of The Superintendent Public Instruction shall perform such dutiei as may be provided by law Section 18 Compensa- tion The Governor Lieutenant Governor State Auditor State Treasurer Attorney General and such 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 officeis 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 white traveling in the performance of official duty Section 19 Grants and commissions All grants and commissions shall be in the name and by the authority of the State of Utah scaled 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 Stats 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 2i 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 stale 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 provision- of this amendment during (lie election year of 1976 business - - Section 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 ex- -' traordinary session for the transaction of executive the first Monday of Janu- ary next after hla 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 AD 1901 The officers of the Executive Department during their terms of office shall reside at the seat of government where they hall keep the public records books and papers They shall perform such duties aa are prescribed ' by this Constitution and as may be prescribed by law (Aa amended November 7 1990 effective January 1 - - election when the vncancy shell be filled bar election If during a vacancy in the office of Governor the See retary of State resign die or become Incat Ue 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 ac 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 Stats or thePrerident pro tempore of the Senate aa tha cast may be except In ease of temporary disability or absence -- from the- State hall be entitled to the salary and emoluments of tha Governor s - - Section 7 Adjournment of legislature fey govIn case of a disernor 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 aa he may think proper: Provided It be not beyond the time fixed for the convening of the next Legislature Bills ere Section 8 rented to governor — eto — Appropriation bills Every bill passed by tlie 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 1951) not approve he shall reSection 2 (Election — turn it with hla objection Tic leclslature to elect! to the house In which It The officers provided for which house In section one of this art-- 1 originated enter the objections hall Icte shall be elected by the at large upon its journal qualified electors of the and proceed to reconsider State at the time and place the Mil If after such re--’ of voting for members of consideration It again the Legislature and the both houses passes by a persona respectively havand nay vote of yea 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 the Governhave an equal and the withstanding or’s objections If any bill highest number of votes be not returned within five for any one of said offices days after it shall have the two houses of the Legbeen presented to him islature at its next regu(Sunday and the day on session shall elect lar which he received 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 be eligible to be filed with his objections the office cf Governor or in the office of the SecreState unless tary of State within ten Secretary he shall Have attained to' days' after such adjourn- the age of thirty years at ment (Sundays excepted) the time of hii election nor or become a law If any to the office of Attorney Mil presented to the GovGeneral unless he shall ernor contains several have attained the age of items of appropriations of twenty-fiv- e years at the money he may object to time of his election and one or more such items have been admitted to wMle approving other porpractice in the Supreme tions of the Mil lu such Court of the Territory or case he shall append to the of the State of Utah nor Mil 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 he declines time of his election No to approve together with person shall be eligible to his reasons therefor and any of the office 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 be 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 office shall become vacant State Auditor and State and no mode la provided by Treasurer shall be ineligible to election as their' the Constitution and laws for filling such vacancy own successors the Governor Shall have Section 4 (Governor the power to fill the same commander-in-chie- f The by granting a commission Governor shall be Commawhich shall expire at the nder-In-Chief of the next election and upon military forces of the State qualifies ton of the person except when they shall be elected to uch office called into the service of Section 10 Governor’s the United States He shall have power to call out the appointive power — Vacanmilitia 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 point 5 Duties of officers whose offices are Section Governor The Governor established Consshall see that the laws are titution or by this which may be he created by law and whose faithfully executed shall transact all executive or election Is business with the officers appointment not otherwise provided for of the government civil If during the recess of the and military and may reSenate a vacancy occur in quire information in writany State or district office ing from the officers of the the Governor shall appoint Executive Department and some qualified person to from the officers and mandischarge the duties thereof agers of State Institutions until the next meeting of upon any subject relating the Senate when he shall to the condition managenominate some to ment and expenses of their fill such office person ofIf the respective offices and instifice of Secretary of State tutions and at any time State Auditor State TreasAswhen tlie Legislative urer or General Attorney sembly is not in session be vacated by death resignecesdeem if he it may nation or otherwise It dull sary appoint a committee be the duty of the Governto investigate and report to or lo fill the same by aphim upon the condition of pointment and the apany executive office or pointee shall hold his ofState Institution He shall fice until his successor communicate by message shall be elected and qualithe condition of the State fied aa may be by law to the Legislature at every (As amended provided regular session and recomNovember 7 1944 effecmend such measures as he tive January 1 1945 Nomay deem expedient vember 7 1950 effective Section 8 Convening of January 1 1951) extra sessions of laguta-tar- e Section 11 Vacancy In On extraordinary the Governor office of governor 1 In rare occasions may convene the Lefisla-tur- c of flu death of the Governor or his Impeachment by proclamatk n In removal from office Inabll- which shall be state the purpose for which tlie Legislature Is to be converted and it shall transact no legpowers and duties of said islative business except office shall devolve upon f two-thir- ds ‘ tf - 1 ' Ml©"- - Board of Section 13 pardon — Respites and ' reprieves Until otherwise provided by law the Governor Justices of the Supreme Court and Attorney General shall conitltute a Board of Pardons a major ity of whom including tha Governor upon such conditions and with such limitations and restrictions aa they deem proper may re-xnit Ann 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 com mutation or pardon granted except after a fun hearing before the Board in open session after pro- vious notice of the time ' end 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 3tate The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the State except treason or donvlctlon 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 con- - -tinue or determine such respite or reprieve or they may commute the punishment or pardon the offence aa herein provided In case of conviction for treason the Governor dull 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 com-munlcate 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 wu convicted the sentence and its date tiie 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 State Prison —- Board of Examiners Until ether-wis- e provided by law the Governor Secretary of State and Attorney General shall constitute a Beard of State Prison Commissioners which Board dull have such supervision of all matters connected with the State Prison may be provided by law They shall also constitute a Board of Examiners wHh 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 13 Commissioners u - Section 14 Insane Asy-leCommissioners Until otherwise provided by law the Governor State Treasurer and State Auditor ahall constitute a Board Mi Insane Asylum Commissioners Said Board shall have such supervision of all matters connected with the State Insane j may be provided by law 15 Section Reform school commissioners Until otherwise provided by w A! Present PnnisiHS Cunt ) |