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Show Proposed Changes ion Utah's CoosQtyooirD mnd Comparable Present ProvisooiTDs 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 Sec-retary 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 sal-ary and emoluments of the Governor. Section 12. Board of pardons Respites and reprieves. Until otherwise provided by law, the Governor, Gov-ernor, Justices of the Supreme Su-preme Court and Attorney General shall constitute a Board of Pardons, a majority major-ity of whom, including the Governor, upon such conditions, con-ditions, and with such limitations lim-itations and restrictions as they deem proper, may remit re-mit fines and forfeitures, commute punishments, and grant pardons after convictions, convic-tions, 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 com-mutation or pardon granted, grant-ed, except after a full hearing before the Board, in open session, after previous pre-vious notice of the timp State of Utah OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY September 1, 1974 Dear Fellow Citizens: The Legislature of the State of Utah has entrusted vie with the responsibility for publishing pub-lishing the following Propositions, which re-Lite re-Lite to changes in the Constitution of the Slate of Utah. In the beginning of the body of each Proposition Propo-sition has been set forth the Ballot Title of the Proposition as it will appear on the General Flection Ballot on November 5, 1974 together with a copy of the present constitutional provision. pro-vision. Because of the very serious nature of these Propositions which your State Legislature Legisla-ture has caused to be placed before you. I urge that each of you study the text of the Propositions Proposi-tions in full. I urge you to consult 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. J CLYDE L. MILLER Secretary of State Senate in extraordinary session for the transaction of executive business. Section 7. Adjournment of the legislature. In case of a disagreement between the two houses of the Legislature Leg-islature at any special session, ses-sion, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper: Provided, it be not beyond the time fixed for the convening cf the next Legislature. Section 8. Procedure for bills passed by the legislature. legisla-ture. 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 re-turn it with his objections to the house in which it originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If upon reconsideration reconsid-eration it again passes both houses by a yea and nay vote of two-thirds 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 re-ceived it excepted, it shall become a law without his signature: if legislative impeachment, removal from office, resignation, absence from the state, or disability to discharge the duties of the office, or in case of a Governor-elect who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor Gov-ernor until the absence or disability ceases or until the next general election, when the vacancy shall be filled by election. If, during dur-ing a vacancy in the office of Governor, the Lieutenant Lieuten-ant Governor resigns, dies, is displaced, is absent from the State,' or becomes incapable in-capable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the absence or disability ceases. If in this case the President of the Senate resigns, re-signs, dies, is displaced, is absent from the State, or becomes incapable of performing per-forming the duties of the office, the Speaker of the House shall act as Governor Govern-or until the vacancy is filled or the absence or disability dis-ability ceases. While performing per-forming the duties of the Governor as provided in this section, the Lieutenant Lieuten-ant Governor, the President Presi-dent 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, Gov-ernor, except in cases of tpitinnrarv HisnHilitv nr nh- for granting the same, and the objections, if any, of any member of the Board made thereto. Section 13. Board of examiners. ex-aminers. Until otherwise provided by law, the Governor, Gov-ernor, Attorney General and State Auditor shall constitute a Board of Examiners, Ex-aminers, with power to examine ex-amine all unliquidated claims against the State except ex-cept salaries or compensation compensa-tion of officers fixed by law, and perform such other duties as may be prescribed by law; and no unliauidated claim against the State, except for salaries sal-aries and compensation of officers fixed by law, shall be passed upon by the Legislature Leg-islature without having been considered and acted ucon by the said Board of Examiners. Section 14 Lieutenant governor Duties. The Lieutenant Governor shall serve on all boardsand commissions com-missions in lieu of the Governor Gov-ernor whenever so designated desig-nated by the Governor, shall perform such duties as may be delegated to him by the Governor, shall devote de-vote 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 Accounts, Ac-counts, and the State Treasurer shall be the cus- Present Provision EXECUTIVE ARTICLE Section 1. Executive department de-partment Terms, residence, resi-dence, and duties of officers."! offic-ers."! The Executive Department De-partment 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 Janu-ary next after his election, except that the terms of office of those elected at the first election shall begin be-gin 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, of-fice, shall reside at the seat of government, where they shall keep the public records, rec-ords, 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. TElection Tie, legislature to elect.! The officers provided for in section one of this article art-icle shall be elected by the qualified electors of the that for which it was especially 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 incident-al thereto. The Governor may also by proclamaton convene the Senate in extraordinary ex-traordinary session for the transaction of executive business. Section 7. Adjournment Adjourn-ment of legislature by governor. gov-ernor. In case of a disagreement dis-agreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, ad-journment, the Governor shall have power to adjourn ad-journ 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 pre-sented to governor Veto Appropriation bills. Every bill passed by the Legislature, before it becomes be-comes a law, shall be presented pre-sented 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 re-turn it with his objections to the house in which it originated, which house shall enter the objections at large upon its journal anH nrnrppH in rpcnncirlp Proposed Amendment PROPOSITION NO. 1 EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION CONSTITU-TION BE REVISED TO PROVIDE FOR A LIEUTENANT LIEU-TENANT GOVERNOR ;TO DELETE THE 'SECRETARY 'SECRE-TARY OF STATE AS A CONSTITUTIONAL OFFICER; OF-FICER; 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 RE-QUIRE THE BOARD OF EXAMINERS TO EXAMINE EXAM-INE ONLY UNLIQUIDATED UNLIQUID-ATED CLAIMS: AND TO MAKE OTHER CHANGES IN THE EXECUTIVE ARTICLE. (THE PRESENT PRES-ENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is resolved by ibe Leg-'isattre Leg-'isattre of the Stale of Utah, two-thirds of all members elected to each of the two houses voting in favor there-of: there-of: Section 1. Section a-mended. a-mended. It is proposed to amend Article VII of the Constitution of the State of Utah to read: Section 1. Elective constitutional con-stitutional officers. The v : 1 r litical party shall appear together on the ballot, and the votes cast for a candidate candi-date for Governor shall be considered as also cast for the candidate for Lieutenant Lieuten-ant Governor running ' jointly with him. Section 3. Eligibility qualifications. No person shall be eligible to the office of Governor or Lieutenant Lieu-tenant 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 Gen-eral unless he shall have attained the age of twenty-five twenty-five 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. elec-tion. No person shall be eligible to any of the offices of-fices provided for in section sec-tion one of this article, unless un-less at the time of his election elec-tion 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-chief. The Governor shall be Comander-in-Chief of the military forces of the state, except when they shall be called into the service of the United States. He shall have power pow-er to call out the militia to execute the laws, to suppress sup-press insurrection, or to repel invasion. Section 5. Executive power. The executive power pow-er 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 adjournment prevents return re-turn of the bill, it shall become be-come a law unless the Governor Gov-ernor 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 con-tained 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, disap-proves, 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 disapproves disap-proves any bill or item of appropriation after the adjournment ad-journment sine die of any session of the Legislature, the presiding officer of each house shall poll the members of their respective respec-tive houses on the matter of reconvening the Legislature. Legisla-ture. If two-thirds 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 sole-ly for the purpose of reconsidering recon-sidering the bill or item cf aDpropration disapproved. If upon reconsideration, the bill or item of appropriation appro-priation again passes both houses cf the Legislature by a yea and nay vote of two-thirds 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 sence from the state. The disability of the Governor or person acting as Governor shall be determined de-termined by a majority of the Supreme Court on joint request of the President of the Senate and the Speaker of the House of Representatives. Represent-atives. Such determination shall be final and conclusive. conclu-sive. 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, Gov-ernor, or upon its own in-itative, in-itative, determine if and when the disability ceases. The Supreme Court has ex-elusive ex-elusive jurisdiction to determine de-termine all questions arising aris-ing under this section. Section 12. Board of pardons. par-dons. Until otherwise provided pro-vided by law, the Governor, Govern-or, justices of the Supreme Court and Attorney General Gen-eral shall constitute a Board of Pardon's, a Majority Ma-jority 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, con-victions, in all cases except ex-cept treason and impeachments, impeach-ments, subject to such regulations reg-ulations as may be provided provid-ed by law, relative to the manner of applying for pardons; but no fine or forfeiture for-feiture 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 de-cisions of the Board, with the reasons therefor in todian of public, moneys, and each shall perform such other duties as may be provided by law. Section 16. Attorney general. The Attorney General shall be the legal advisor of the State officers, offic-ers, except as otherwise provided by this Constitution, Constitu-tion, and shall perform such other duties as may be provided by law. Section 17. Superintendent Superintend-ent of Public Instructions. The Superintendent of Public Instruction shall perform such duties as may be provided by law. a. . Section 18. Compensation. Compensa-tion. The Governor, Lieutenant Lieu-tenant Governor, State Auditor, State Treasurer, Attorney General and such other State and District of- 1 ficers 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 i 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 col-lected in advance and deposited de-posited 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 travel-ing in the performance of official duty. State at the time and place of voting for members of the Legislature, and the persons respectively having hav-ing 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, Leg-islature, at its next regular regu-lar session, shall elect forthwith by joint ballot one of such persons for said office. Section 3. Qualifications Qualifica-tions of governor and other executive officers. No 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-five 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 Ter-ritory for five years next preceding his election. The State Auditor and State Treasurer shall be ineligible inelig-ible to election as then-own then-own successors. Section 4. Governor commander-in-chief. The Governor shall be Commander-in-Chief of the military forces of the State, exceDt when thev shall be . - - - - - - the bill. If, after such reconsideration, re-consideration, it again passes both houses by a yea and nay vote of two-thirds two-thirds of the members elected to each house, it shall become a law, notwithstanding not-withstanding the Governor's Govern-or's 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,) ex-cepted,) the same shall be a law in like manner as if he had signed it, unless the Legislature by its final adjournment ad-journment prevent such return, re-turn, in which case it shall be filed with his objections in the office of the Secretary Secre-tary of State within ten days after such adjournment adjourn-ment (Sundays excepted) or become a law. If any bill presented to the Governor Gov-ernor contains several items of appropriations of money, he may object to one or more such items, while approving other portions por-tions 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 Governor's 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 plprtpd tn snrh nffipp and place of such hearing has been given. The proceedings pro-ceedings and decisions of the Board, with the reasons rea-sons 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 res-pites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, shall continue con-tinue or determine such respite or reprieve, or they may commute the punishment, punish-ment, or pardon the offense of-fense 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 re-ported 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 com-municate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, commutation or pardon granted since the last previous pre-vious report, stating the name of the convict, the crime for which he was convicted, the sentence and its date, the date of remission, remis-sion, commutation, pardon or reprieve, with the reasons rea-sons for grantng the same, and the objections, if any, of any member of the Board made thereto. ficers of the Executive Department De-partment shall consist of Governor, Lieutenant Governor, Gov-ernor, State Auditor, State Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning on the first Monday 61 January Janu-ary next after his election. The officers of the Executive Execu-tive Department, during their terms of office, shall reside within the State and shall keep the public records, re-cords, 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. 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 hav-ing 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, Leg-islature, at its next regular regu-lar session, shall elect forthwith by joint ballot one of such persons for said office. In the election, th-. names of the candidates for Governor and Lieutenant Lieuten-ant Governor fur each pn- of the government, civil and military, and may require re-quire information in writing writ-ing from the officers of the Executive Department, and from the officers and managers man-agers of State Institutions upon any subject relating to the condition, management, manage-ment, and expenses of their respective offices and institutions, insti-tutions, and may at any time when the Legislature is not in session, may, if he deem it necessary, appoint ap-point a committee to investigate in-vestigate and report to him upon the condition of any executive office or State Institution. He shall communicate com-municate by message the condition of the State to the Legislature at every regular session, and recommend recom-mend such measures as he may deem expedient. Section 6. Convening of the legislature on extraordinary extraor-dinary occasions. On extraordinary ex-traordinary occasions, the Governor may convene the Legislature by proclamation, proclama-tion, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business busi-ness 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, Leg-islature, however, may provide pro-vide for the expenses of the session and other matters mat-ters incidental thereto. The Governor may also by 1 1 -:- ri m it inp convene the 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 Gov-ernor 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 elec-tion is not otherwise provided pro-vided for. If, during the recess of the Senate, a vacancy vac-ancy occur in any State or district office, the Governor Govern-or shall appoint some qualified qual-ified 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-fice of Lieutenant Governor, Govern-or, State Auditor, State Treasurer or Attorney General be vacated by death, resignation or otherwise, other-wise, 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 quali-fied as may be by law provided. pro-vided. Section 11. Succession of office. In case of the death of the Governor, his 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 res-pites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, shall continue con-tinue or determine such respite or reprieve, or they may commute the punishment, punish-ment, or pardon the , offense of-fense 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 re-ported to the Legislature at its next session, when the Legislature shall either pardon, or commute the sentence, or direct its execution; ex-ecution; he shall communicate communi-cate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, commutation com-mutation or pardon granted grant-ed 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, com-mutation, pardon or reprieve, re-prieve, with the reasons Section 19. Grants and commissions. All grants 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 of-ficer as provided by law. Section 21. Conflicting offices. No person, while holding, any office under the United States' government, govern-ment, shall hold any office under the State government govern-ment of Utah. Section 2. Submission of amendment to electors. The Secretary of State is directed to submit this proposed pro-posed amendment to the electors of the State of Utah at the next general election in the manner provided pro-vided by law. Section 3. Effective date. If approved by the electors of this state, this amendment amend-ment 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 provi-sions of this amendment during the election year of 1976. 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 re-quire information in writing writ-ing from the officers of the Executive Department, and from the officers and managers man-agers of State Institutions upon any subject relating to the condition, management, manage-ment, and expenses of their respective offices and institutions, insti-tutions, and at any time when the Legislative Assembly As-sembly is not in session, may, if he deem it necessary, neces-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 recom-mend such measures as he may deem expedient. Section 6. Convening of extra sessions of legislature. legisla-ture. On extraordinary occasions, the Governor may convene the Legislature Legisla-ture by proclamation, in which shall be stated the purpose for which the Legislature Leg-islature is to be convened, and it shall transact no legislative leg-islative business except Section 10. Governor's appointive power Vacancies. Vacan-cies. The Governor shall nominate, and by and with consent of the Senate, appoint ap-point all State and district . officers whose offices are established by this Constitution, Cons-titution, 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-fice of Secretary of State, State Auditor, State Treasurer Treas-urer or Attorney General be vacated by death, resignation resig-nation or otherwise, it shall be the duty of the Governor Govern-or to fill the same by appointment, ap-pointment, and the appointee ap-pointee shall hold his office of-fice until his successor shall be elected and qualified, quali-fied, as may be by law provided. (As amended November 7, 1944, effective effec-tive January 1, 1945; November No-vember 7, 1950, effective January 1, 1951.) Section 11. Vacancy in office of governor. 1 In case of the death of the Governor, Gov-ernor, or his impeachment, removal from office, inability inabil-ity to discharge the duties of his office, resignation, or absence from the State, the powers and duties of said office shall devolve upon Section 13. State Prison Commissioners Board of Examiners. Until otherwise other-wise provided by law, the Governor, Secretary of State and Attorney General Gener-al shall constitute a Board of State Prison Commissioners, Commis-sioners, 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 ex-cept salaries or compensation compensa-tion of officers fixed by law, and perform such other duties as may be prescribed pre-scribed by law; and no claim against the State, except ex-cept for salaries and compensation com-pensation of officers fixed by law, shall be passed upon up-on by the Legislature without with-out having been considered and acted upon by the said Board of Examiners. Section 14. Insane Asylum Asy-lum Commissioners. Until otherwise provided by law, the Governor, State Treasurer Treas-urer and State Auditor shall constitute a Board of Insane Asylum Commissioners. Commis-sioners. 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 Un-til otherwise provided by Present Provisions Cout. t Present and Proposed Changes (cont.) value of such property shall remain only for the purpose of debt limitations as set forth in Article XIV of this Constitution. The proceeds from such a tax or fee shall not be subject to Section 13 of this Article and shall be distributed to the taxing districts in which the exempted property prop-erty is located in the same proportion as the revenue collected from real property prop-erty tax is distributed to such districts. Section 2. Submission 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 gener-al election in the manner provided by law. Section 3. Effective date. If adopted by the electors of this state, this amendment amend-ment shall take effect December De-cember 31, 1974. fire protection services or any combination of these services and may authorize author-ize the county, city, or town: (1) to levy taxes upon the taxable property in only such districts for the purpose of acquiring, constructing, equipping, operating, and maintaining facilities required for any or all of these services, and (2) to issue bonds of these districts for the purpose pur-pose of acquiring, constructing, con-structing, and equipping any of these facilities without with-out regard to the limitations limita-tions of Section 3 and 4 of this Article XIV but subject to such limitation on the aggregate amount of these bonds which may be outstanding at any one time as may be provided by law; but the authority to levy taxes upon the taxable tax-able property in these districts dis-tricts and to issue bonds of these districts payable from taxes levied on the taxable property in them shall be conditioned upon the assent of a majority of the qualified electors of the district voting in an elec- Present Provision law, the Governor, Attorney Attor-ney General and Superintendent Superin-tendent of Public Instruction Instruc-tion shall consistitute a Board of Reform School Commissioners. Said Board shall have such supervision of all matters connected with the State Reform School as may be provided by law. Section 16. Duties of Secretary of State. The Secretary of State shall keep a record of the official of-ficial acts of the Legislature Legisla-ture ' and Executive Department De-partment of the State, and, when required, shall lay the same and all matters relative thereto before either branch of the Legislature, Legis-lature, and shall perform such other duties as may be provided by law. Section 17. Duties of Auditor and Treasurer. The Auditor shall be Auditor of Public Accounts, and the Treasurer shall be the custodian cus-todian of public moneys, and each shall perform such other duties as may be provided by law. Section 18. Duties of Attorney General. The Attorney At-torney General shall be the legal adviser of the State officers, and shall perform such other duties as may be provided by law. Section 19. Superintendent Superin-tendent of Pubilc Instruction. Instruc-tion. The Superintendent of Public Instruction shall perform such duties as may be provided by law. Section 20. Compensation Compensa-tion of state officers. The Governor, Secretary of State, Auditor, Treasurer, Attorney General and such other State and District of ficers 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 pur-suant to this Constitution, shall be in full for all services serv-ices rendered by said officers, of-ficers, respectively, in any official capacity or employment employ-ment during their respective respec-tive 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 per-formance 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 travel-ing in the State in the performance per-formance of official duty. (As amended November 5, 1946, effective January 1, 1947; November 7, 1950. effective November 7, 1950.) Section 21. Grants and commissions. All grants 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 counter-signed by the Secretary of State. Section 22. The great seal. There shall be a seal of the State, which shall be kept by the Secretary of State, and used by him officially. of-ficially. Said seal shall be called "The Great Seal of the State of Utah." The present seal of the Territory Terri-tory of Utah shall be the seal of the State until otherwise provided by law. Section 23. ' United States officials ineligible Governor not eligible for senate. No person, while holding any office under the United States' government, govern-ment, shall hold any office under the State government govern-ment of Utah, and the Governor Gov-ernor shall not be eligible for election to the Senate of the United States during dur-ing the term for which he shall have been elected Governor. Proposed Amendment PROPOSITION NO. 2 LENDING OF PUBLIC CREDIT SHALL SECTION 29 OF ARTICLE VI OF THE STATE CONSTITUTION BE AMENDED TO PERMIT PER-MIT THE STATE TO LEND ITS CREDIT ONLY TO AID IN THE ESTABLISHMENT ESTAB-LISHMENT OR EXPANSION EXPAN-SION OF PRIVATE INDUSTRY IN-DUSTRY WITHIN THE STATE. (THE PRESENT LAW AND THE. PROPOSED PRO-POSED AMENDMENTS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is resolved by the Legislature Leg-islature of the Sidle of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: there-of: Section 1. Section a-mended. a-mended. It is proposed that Article VI, Section 29 of the Constitution of the State of Utah be amended to read: Section 29. Lending of public credit. The Legislature Legis-lature shall not authorize the State, or any political subdivision of the State to lend its credit except to aid in the establishment or expansion of private industry in-dustry within the state. Section 2. Submission to the electorate. The Secretary Secre-tary of State is directed to submit this proposed a-mendment a-mendment to the electors of the State of Utah at the next general election in the manner provided by law. Section 3. Effective date. If adopted by the electors of this state, this amendment amend-ment shall take effect on January 1, 1975. Present Provision Section 29. Lending public credit forbidden. The Legislature shall not authorize the State, or any county, city, town, township, town-ship, district or other political po-litical subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate enterprise en-terprise or undertaking. Proposed Amendment PROPOSITION NO. 3 TANGIBLE PERSONAL PROPERTY TAX EXEMPTIONS SHALL ARTICLE XIII OF THE STATE CONSTITUTION CONSTITU-TION BE AMENDED BY ADDING A NEW SECTION SEC-TION TO PERMIT THE LEGISLATURE TO EXEMPT EX-EMPT AIRCRAFT, WAT-ERCRAFT WAT-ERCRAFT OR TANGIBLE TANG-IBLE PERSONAL PROPERTY PROP-ERTY (PRINCIPALLY MOTOR VEHICLES) WHICH IS REGISTERED FOR USE UPON PUBLIC HIGHWAYS OR PUBLIC LANDS, FROM TAXATION TAXA-TION AS PROPERTY AND TO PROVIDE IN LIEU THEREOF A STATEWIDE UNIFORM FEE. ASSESSMENT OR IEVY: PROVIDED THE VALUE OF SUCH PROPERTY PROP-ERTY SHALL REMAIN ONLY FOR THE PURPOSE PUR-POSE OF ESTABLISHING ESTABLISH-ING DEBT LIMITATIONS. LIMITA-TIONS. (THE PRESENT LAW AND THE PROPOSED PRO-POSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is resolved by the Legislature Leg-islature of the Stale of Utah, two-thirds, of all members elected to each of the two bouses voting in favor there-of: there-of: Section 1. Proposal to' amend a section. It is proposed pro-posed to amend Article OCIII of the Constitution of Utah by adding a new section sec-tion to read: Section 14. Exemption Of aircraft and watercraft Or tangible property from tangible property statewide uniform fee. The Legislature Legisla-ture may exempt aircraft or watercraft or tangible personal property which is required by law to be registered reg-istered for use upon public highways or public lands not exempt under the laws of the United States, or under this Constitution, from taxation as property, and in lieu thereof, if such exemption is granted, shall provide a statewide uniform uni-form fee or a statewide uniform rate of assessment or levy in such manner and at such rates as may be provided by law; provided, pro-vided, that if any such property is exempted from taxation as property, the Proposed Amendment PROPOSITION NO. 4 SPECIAL SERVICE DISTRICTS SHALL ARTICLE XIV OF THE STATE CONSTITUTION CONSTITU-TION BE AMENDED BY ADDING A NEW SECTION SEC-TION TO PERMIT THE LEGISLATURE TO AUTHORIZE ANY COUNTY, CITY, OR TOWN TO ESTABLISH SPECIAL DISTRICTS TO PROVIDE WATER, SEWERAGE, SEW-ERAGE, DRAINAGE, FLOOD CONTROL, GARBAGE, HOSPITAL, TRANSP O R T A T I O N, RECREATION, ANDFIRE PROTECTION SERVICES. SERV-ICES. AND TO LEVY TAXES AND ISSUE BONDS FOR ACQUIRING, ACQUIR-ING, CONSTRUCTING. AND EQUIPPING ANY OF THESE FACILITIES. CONDITIONED UPON THE ASSENT OF A MAJORITY MA-JORITY OF THE QUALIFIED QUALI-FIED VOTERS OF THE DISTRICT. (THE PRESENT PRES-ENT LAW AND THE PROPOSED AMENDMENTS AMEND-MENTS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be it resolved by the Legislature Leg-islature of the Stale of Utah. Iwo-lhirds of all members elected to each of the two houses voting in favor thereof: there-of: Section 1. It is proposed to amend Article XIV of the Constitution of the State of Utah by the addition addi-tion of Section 8 to read: Section 8. The legislature legisla-ture by general law may authorize any county, city, or town to establish special spec-ial districts within all or any part of the county, city, br town to be governed gov-erned by the governing authority of the county, city, or town with power to provide water, sewage, drainage, flood control, garbage, hospital, transportation, trans-portation, recreation, and tion for this purpose to be held as provided by law. Any such district created by a county may contain all or part of any incorporated incorp-orated municipality or municipalities but only with the consent of the governing authorities thereof. Laws in effect at the time of the adoption of this section and districts established pursuant to these laws shall not be affected af-fected by the adoption of this section. Section 2. The Secretary of State is directed to submit sub-mit this proposed amendment amend-ment to the electors of the State of Utah at the next general election in the manner provided by law. Section 3. If adopted by the electors of this state, this amendment shall take effect on January 1, 1975. I, CLYDE L. MILLER, Secretary Sec-retary of State of the State of Utah, DO HEREBY CERTIFY that the foregoing forego-ing is a full, true and correct cor-rect copy of the constitutional constitu-tional amendments proposed pro-posed by the budget session and the Budget Session of the Second Special Session of the Fortieth Legislature, 1974. IN WITNESS WHEREOF, WHERE-OF, I have hereunto set my hand, and affixed the Great Seal of the State of Utah, at Salt Lake City, this 1st day of September, 1974. &k"wA CLYDE L. JnSMol MILLER yX eCretaFy |
