Proposition on the Executive Department. (File No. 21)

File No. 21

Read first and second times and referred to committee on executive

Article on Executive Department

James Paton Low of Cache

Sec. I. The Executive Department shall consist of a Governor, Secretary of State, State Auditor, State Treasurer, Attorney General and Superintendent of Public Instruction, each of whom shall hold the office for four years.

Sec. 2. The officers named in Sections One of this Article Shall be elected by the qualified electors of the State at the time and places of voting for members of the Legislature, “Provided” that upon the first election the Governor State Auditor, and Attorney General shall be elected for a term of two years, and the Secretary of State, State Treasurer, and Superintendent of Public Instruction shall be elected for a term of four years, and the persons respectively having the highest number of votes for the office votes for shal be elected: out if two or more shall have an equal and the highest number of votes for any one or said offices, the two Houses of the Legislature at its next regular session, shall forthwith, by joint ballot, elect one of said persons for said office. The returns of election for the officers named in section one shall be made in such manner as may be prescribed by law, and all contested elections of the same, other than provided for in this section, shall be determined as may be provided by law.

Sec. 3. No person shall be eligible to the office of Governor unless he shall have attained the age of thirty years at the time of his election nor shall he be eligible for any other office during the term for which he was elected, nor to the office of Secretary of State, State Auditor, Superintendent of Public Instruction or State Treasurer unless he shall have attained the age of twenty-five years; nor to the office of Attorney General unless he shall have attained the age of thirty years, and have been admitted to practice in the Supreme Court or the State of Utah, and be in good standing at the time of his election. In addition to the qualifications above described each of the officers … shall be citizens of the United STates and a qualified elector of the State, who shall have resided within the state for three years next preceding the election.

Sec. 4. The Governor shall be commander-in-chief of the military forces of the State, except when they shall be called into actual service of the United States, and may call out the same to execute the laws, suppress insurrection and rebel invasion. He shall have power to convene the Legislature on extraordinary occasions. He shall at the commencement of each session communicate to the Legislature by measure, information of the condition of the STate, and recommend such measures as he shall deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expediate all such measures as may be resolved soon by the Legislature and shall take care that the laws be faithfully executed.

Sec. 5. The Governor, Secretary of State and Attorney General shall constitute a board to be known as the board of Pardons, and shall have power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, subject to such regulation as may be provided by law. He (the Governor) shall communicate to the Legislature, at each regular session, each case of remission of time or forfeiture, reprieve, commutation or pardon granted since the last previous report, stating the name of the convict, the crime of which he was convicted, the sentence and its date. … the date of its remission, commutation, pardon or reprieve, with the reasons for granting the same, and the objections if any, or any members of the board thereto.

Sec. 6. The Governor shall nominate and by and with the consent of the senate, appoint all officers, whose offices are established by this constitution, or such may be created by law and … appointment or election is not otherwise provided for. If … the recess of the senators vacancy occurs in any state or district office, the Governor shall appoint some fit person to … the duties thereof until the next meeting or the Senate when he shall nominate some person to fill such office. If the office of a Justice on the Supreme or District Court, Secretary of State, State Auditor, State Treasurer, Attorney-General or Superintendent of Public Instruction, shall be vacated by death or otherwise, it shall be the duty of the Governor to fill the same by appointment and the appointee shall hold the his office until the next state election which his successor may be elected to fill the unexpired term.

Sec. 7. The Governor may require information in writing from the officers of the executive department … any subject relative to the duties of their respective offices and public interest. The Governor shall at the commencement of each session and from time to time by message give to the legislature information of the condition of the State, and shall recommend such measures as he shall deem expedient. He shall also present estimates of the amount of money required to be raised by taxation for all purposes of the State.

Sec. 8. Every bill passed by the Legislature shall, before it becomes a law, be presented to the Governor: if he approves, he shall sign it, and thereupon it shall become a law: but if he does not approve he shall return it with his objections to the House in which it originated, which House shall enter its objects at large upon its journals and proceed to reconsign … … … … .. … … … … … … if then two-thirds of the number present agree to pass the same it shall be … … … the objections to the other House by which it shall likewise be considered: if approved by two-thirds of the members present in that House, it shall become a law, notwithstanding the objections of the Governor. In all such cases the vote of each House shall be … by yeas and nays, to be entered in the journal. Any bill which shall not be returned by the Governor to the Legislature within the days (Sundays excepted) after it shall have been … … …, shall become a law in like manner, as if he has … the … shall by adjournment, … … … which case it shall be … … … … in the office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law.

Sec. 9. The Governor shall have power to disapprove of any item or items on any bill … appropriations of money or property embracing distinct items, and the part or parts approved shall become a law, and the item or items disapproved shall be void, unless exacted in the manner following: if the Legislature be in session he shall within five days transmit to the House within which the bill originated, a copy of the item or items thereof disapproved, together with his objections thereto, and the items objected to shall be separately reconsidered, and each item shall then take the same course as is prescribed for the passage of bills over the executive vote.

Sec. 10. If the Governor be impeached, displaced, resign or die, or from mental or physical disease or otherwise become incapable of performing the duties of his office or be absent from the State, the Secretary of State shall act as Governor, until the vacancy is filled or the disability removed.

Sec. 11. There shall be a seal of this State, which shall be kept by the Secretary of State and used by him officially, and shall be called “The Great Seal of the State of Utah”. The seal of the Territory of Utah now used, shall be the seal of the state until otherwise provided by law.

Sec. 12 All drafts and submissions 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 the Secretary of STate.

Sec. 14. The Governor or Secretary of State, State Auditor, State Treasurer, Attorney-General and Superintendent of Public Instruction shall quarterly as … during their continuance in office, receive for their services compensation which shall be fixed as follows until otherwise provided by law: Governor, two thousand dollars per annum: Secretary of State, two thousand dollars per annum: State Auditor two thousand dollars per annum: State Treasurer one thousand dollars per annum: Attorney General two thousand dollars per annum: and Superintendent of Public Instruction one thousand five-hundred dollars per annum. The compensations cooperated shall be in full for all services by said officers respectively, rendered in any official capacity or employment whatever during their respective terms of office. Provided, however, the Legislature may provide for the payment of actual and necessary expenses to the Governor, Secretary of State, Attorney General and Supt. of Public Instruction while traveling with the State in the performance of official duty. ... officer named in this section shall receive for the performance or any official duty any .. for his own use, but all … …. by law for the performance by any of them of an official duty, shall be collected in advance and deposited … the State Treasurer quarterly to this credit of the State.

• Proposition on the Executive Department [File No. 21] (introduced on 1895-03-13 10:00:00 - CREATE_FROM - e697261) [This document] [view current proposal at this moment]
  • None (introduced on 1895-03-23 10:00:00 - REPORT_PROPOSAL - e697266) [view current proposal at this moment]