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Legislative action that proposed this amendment: SJR8 1992 General Session

Disposition: This amendment took effect following voter ratification. You may read the resulting 1993 Utah Constitution here.

Amends article 6 section 32 and article 7 section 1,2,3,5,12,14,15,18 and aritlce 8 section 12

Repeals article 7 section 13 and article 21 section 1,2

6:32

(1) The Legislature may appoint temporary or permanent nonmember employees for work during and between sessions.

(2) The Legislature may appoint legal counsel which shall provide and control all legal services for the Legislature unless otherwise provided by statute.

7:1

(1) The elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor, State Auditor, State Treasurer, and Attorney General.

(2) Each officer shall:

(a) hold office for four years beginning on the first Monday of January next after their election;

(b) during their terms of office reside within the state; and

(c) perform such duties as are prescribed by this Constitution and as provided by statute.

7:2

(1) The officers provided for in Section 1 shall be elected by the qualified voters of the state at the time and place of voting for members of the Legislature. The candidates respectively having the highest number of votes cast for the office voted for shall be elected. If two or more candidates have an equal and the highest number of votes for any one of the offices, the two houses of the Legislature at its next session shall elect by joint ballot one of those candidates for that office.

(2) In the election the names of the candidates for Governor and Lieutenant Governor for each political 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.

7:3

(1) To be eligible for the office of Governor or Lieutenant Governor a person shall be 30 years of age or older at the time of election.

(2) To be eligible for the office of Attorney General a person shall be 25 years of age or older, at the time of election, admitted to practice before the Supreme Court of the State of Utah, and in good standing at the bar.

(3) To be eligible for the office of State Auditor or State Treasurer a person shall be 25 years of age or older at the time of election.

(4) No person is eligible to any of the offices provided for in Section 1 unless at the time of election that person is a qualified voter and has been a resident citizen of the state for five years next preceding the election.

7:5

(1) The executive power of the state shall be vested in the Governor who shall see that the laws are faithfully executed.

(2) The Governor 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. The Governor may at any time when the Legislature is not in session, if deemed necessary, appoint a committee to investigate and report to the Governor upon the condition of any executive office or state institution.

(3) The Governor shall communicate by message the condition of the state to the Legislature at every annual general session and recommend such measures as may be deemed expedient.

(4) The Governor may appoint legal counsel to advise the Governor.

7:12

(1) There is created a Board of Pardons and Parole. The Governor shall appoint the members of the board with the consent of the Senate. The terms of office shall be as provided by statute.

(2) (a) The Board of Pardons and Parole, by majority vote and upon other conditions as provided by statute, may grant parole, remit fines, forfeitures, and restitution orders, commute punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to regulations as provided by statute.

(b) A fine, forfeiture, or restitution order may not be remitted and a commutation, parole, or pardon may not be granted except after a full hearing before the board, in open session, and after previous notice of the time and place of the hearing has been given.

(c) The proceedings and decisions of the board, the reasons therefor in each case, and the dissent of any member who may disagree shall be recorded and filed as provided by statute with all papers used upon the hearing.

(3) (a) The Governor may grant respites or reprieves in all cases of convictions for offenses against the state except treason or conviction on impeachment. These respites or reprieves may not extend beyond the next session of the board. At that session, the board shall continue or determine the respite or reprieve, commute the punishment, or pardon the offense as provided in this section.

(b) In case of conviction for treason, the Governor may suspend execution of the sentence until the case is reported to the Legislature at its next annual general session, when the Legislature shall pardon or commute the sentence, or direct its execution. If the Legislature takes no action on the case before adjournment of that session, the sentence shall be executed.

7:14

The Lieutenant Governor shall:

(1) serve on all boards and commissions in lieu of the Governor whenever so designated by the Governor;

(2) perform such duties as may be delegated by the Governor; and

(3) perform other duties as may be provided by statute.

7:15

(1) The State Auditor shall perform financial post audits of public accounts except as otherwise provided by this Constitution.

(2) The State Treasurer shall be the custodian of public moneys.

(3) Each shall perform other duties as provided by statute.

7:18

(1) The Governor, Lieutenant Governor, State Auditor, State Treasurer, Attorney General, and any other state officer as the Legislature may provide, shall receive for their services a fixed and definite compensation as provided by law.

(2) (a) The compensation provided for in Subsection (1) shall be in full for all services rendered by those officers in any official capacity or employment during their terms of office.

(b) An officer may not receive for the performance of any official duty any fee for personal use, but all fees fixed by the Legislature for the performance by any of them of any official duty shall be collected in advance and deposited with the appropriate treasury.

(c) The Legislature may provide for the payment of actual and necessary expenses of those officers while traveling in the performance of official duties.

8:12

(1) There is created a Judicial Council which shall adopt rules for the administration of the courts of the state.

(2) The Judicial Council shall consist of the chief justice of the Supreme Court, as presiding officer, and other justices, judges, and other persons as provided by statute. There shall be at least one representative on the Judicial Council from each court established by the Constitution or by statute.

(3) The chief justice of the Supreme Court shall be the chief administrative officer for the courts and shall implement the rules adopted by the Judicial Council.

(4) The Judicial Council may appoint legal counsel which shall provide all legal services for the Judicial Department unless otherwise provided by statute.

7:13

[Repealed.]

21:1

[Repealed.]

21:2

[Repealed.]