S.J.R. 3

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 28, 2014 at 3:52 PM by lpoole. -->              1     

JOINT RESOLUTION REGARDING ATTORNEY GENERAL

             2     
2014 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Todd Weiler

             5     
House Sponsor: Gregory H. Hughes

             6     

             7      LONG TITLE
             8      General Description:
             9          This joint resolution of the Legislature proposes to amend the Utah Constitution to
             10      modify provisions relating to the Attorney General.
             11      Highlighted Provisions:
             12          This resolution proposes to amend the Utah Constitution to:
             13          .    change the office of Attorney General from an elected office to an appointed office;
             14          .    provide for the Attorney General to be appointed to a single six-year term by the
             15      Governor from a list of nominees provided by a nominating commission and with
             16      the advice and consent of the Senate;
             17          .    limit the Attorney General to serve a single six-year term, with an exception when
             18      the Attorney General is appointed to fill part of an unexpired previous term;
             19          .    authorize the Governor to remove the Attorney General from office with the consent
             20      of a majority of all members of each house of the Legislature;
             21          .    modify the process of filling a vacancy in the office of Attorney General; and
             22          .    make conforming and technical changes.
             23      Special Clauses:
             24          This resolution directs the lieutenant governor to submit this proposal to voters.
             25          This resolution provides contingent effective dates of January 1, 2015, and January 1,
             26      2017, for this proposal.
             27      Utah Constitution Sections Affected:



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             28
     AMENDS:
             29          ARTICLE VII, SECTION 1
             30          ARTICLE VII, SECTION 3
             31          ARTICLE VII, SECTION 10
             32          ARTICLE VII, SECTION 16
             33     

             34      Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
             35      of the two houses voting in favor thereof:
             36          Section 1. It is proposed to amend Utah Constitution, Article VII, Section 1, to read:
             37           Article VII, Section 1. [Executive Department officers -- Terms, residence, and
             38      duties.]
             39          (1) The elective constitutional officers of the Executive Department shall consist of
             40      Governor, Lieutenant Governor, State Auditor, and State Treasurer[, and Attorney General].
             41          (2) Each officer shall:
             42          (a) hold office for four years beginning on the first Monday of January next after their
             43      election;
             44          (b) during their terms of office reside within the state; and
             45          (c) perform such duties as are prescribed by this Constitution and as provided by
             46      statute.
             47          Section 2. It is proposed to amend Utah Constitution, Article VII, Section 3, to read:
             48           Article VII, Section 3. [Qualifications of officers.]
             49          (1) To be eligible for the office of Governor or Lieutenant Governor a person shall be
             50      30 years of age or older at the time of election.
             51          (2) To be eligible for the office of Attorney General a person shall be, at the time of
             52      appointment, 25 years of age or older, [at the time of election,] admitted to practice before the
             53      Supreme Court of the State of Utah, and in good standing at the bar.
             54          (3) To be eligible for the office of State Auditor or State Treasurer a person shall be 25
             55      years of age or older at the time of election.
             56          (4) No person is eligible to [any of the offices provided for in Section 1] the office of
             57      Governor, Lieutenant Governor, State Auditor, State Treasurer, or Attorney General unless at
             58      the time of election or appointment that person is a qualified voter and has been a resident



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             59
     citizen of the state for five years next preceding the election.
             60          Section 3. It is proposed to amend Utah Constitution, Article VII, Section 10, to read:
             61           Article VII, Section 10. [Governor's appointive power -- Governor to appoint to
             62      fill vacancy in other state offices -- Vacancy in the office of the Lieutenant Governor.]
             63          (1) (a) The Governor shall nominate, and by and with consent of the Senate, appoint all
             64      State and district officers whose offices are established by this Constitution, or which may be
             65      created by law, and whose appointment or election is not otherwise provided for.
             66          (b) If, during the recess of the Senate, a vacancy occurs in any State or district office,
             67      the Governor shall appoint some qualified person to discharge the duties thereof until the next
             68      meeting of the Senate, when the Governor shall nominate some person to fill such office.
             69          (2) If the office of State Auditor[,] or State Treasurer[, or Attorney General] be vacated
             70      by death, resignation, or otherwise, it shall be the duty of the Governor to fill the same by
             71      appointment, from the same political party as the removed person; and the appointee shall hold
             72      office until a successor shall be elected and qualified, as provided by law.
             73          (3) (a) A vacancy in the office of Lieutenant Governor occurs when:
             74          (i) the Lieutenant Governor dies, resigns, is removed from office following
             75      impeachment, becomes Governor under Article VII, Section 11, ceases to reside within the
             76      State, or is determined, as provided in Subsection (3)(b), to have a disability that renders the
             77      Lieutenant Governor unable to discharge the duties of office for the remainder of the
             78      Lieutenant Governor's term of office; or
             79          (ii) the Lieutenant Governor-elect fails to take office because of the Lieutenant
             80      Governor-elect's death, failure to qualify for office, or disability, determined as provided in
             81      Subsection (3)(b), that renders the Lieutenant Governor-elect unable to discharge the duties of
             82      office for the Lieutenant Governor-elect's full term of office.
             83          (b) (i) Except when the disability of a Lieutenant Governor is determined under Article
             84      VII, Section 11, Subsection (6) because the Lieutenant Governor is acting as Governor under
             85      Article VII, Section 11, Subsection (5), the disability of a Lieutenant Governor or Lieutenant
             86      Governor-elect shall be determined by a written declaration stating that the Lieutenant
             87      Governor or Lieutenant Governor-elect is unable to discharge the powers and duties of the
             88      office.
             89          (ii) The written declaration under Subsection (3)(b)(i) shall be transmitted to the



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             90
     Supreme Court and shall be signed by:
             91          (A) the Governor; or
             92          (B) (I) the Lieutenant Governor, if the Lieutenant Governor is the subject of the
             93      declaration; or
             94          (II) the Lieutenant Governor-elect, if the Lieutenant Governor-elect is the subject of the
             95      declaration.
             96          (iii) If the Lieutenant Governor or Lieutenant Governor-elect, as the case may be,
             97      disputes a declaration transmitted by the Governor under Subsection (3)(b)(i), the Lieutenant
             98      Governor or Lieutenant Governor-elect may, within ten days after the declaration is transmitted
             99      to the Supreme Court, file a petition requesting the Supreme Court to determine whether a
             100      disability exists as stated in the Governor's declaration.
             101          (iv) In determining whether a disability exists, the Supreme Court shall follow
             102      procedures that the Court establishes, unless the Legislature by statute establishes procedures
             103      for the Supreme Court to follow in determining whether a disability exists.
             104          (v) A determination of disability under this Subsection (3)(b) is final and conclusive.
             105          (c) (i) If a vacancy in the office of Lieutenant Governor occurs, the Governor shall,
             106      with the consent of the Senate, appoint a person as Lieutenant Governor, to serve:
             107          (A) except as provided in Subsection (3)(c)(i)(B), the remainder of the unexpired term;
             108      or
             109          (B) until the first Monday in January of the year following the next regular general
             110      election after the vacancy occurs, if the vacancy occurs because the Lieutenant Governor
             111      becomes Governor under Article VII, Section 11, Subsection (2).
             112          (ii) The person appointed as Lieutenant Governor under Subsection (3)(c)(i) shall be
             113      from the same political party as the Governor.
             114          (iii) Neither the President of the Senate nor the Speaker of the House of
             115      Representatives may, while acting as Governor under Article VII, Section 11, Subsection (4),
             116      appoint a person as Lieutenant Governor to fill a vacancy in that office.
             117          Section 4. It is proposed to amend Utah Constitution, Article VII, Section 16, to read:
             118           Article VII, Section 16. [Attorney General.]
             119          (1) The Attorney General is an appointive constitutional officer of the Executive
             120      Department, shall be the legal adviser of the State officers, except as otherwise provided by this



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Senate 2nd Reading Amendments 2-28-2014 lp/rhr
             121
     Constitution, and shall perform such other duties as provided by law.
             122          (2) The Governor shall, with the advice and consent of the Senate, appoint a person to
             123      serve as Attorney General from a list of five nominees certified to the Governor by a
             124      nominating commission established and functioning as provided by statute.
             125          (3) The Attorney General shall:
             126          (a) subject to Subsection (5), hold office for a single six-year term beginning on the
             127      first Monday of January at the expiration of the term of office of the previously serving
             128      Attorney General;
             129          (b) reside within the State during the Attorney General's term of office; and
             130          (c) perform the duties prescribed by this Constitution and those provided by statute.
             131          (4) (a) A person may not be appointed to serve as Attorney General for consecutive
             132      terms.
             133          (b) For purposes of Subsection (4)(a), a person is considered not to have served a prior
             134      term as Attorney General if the person's service is pursuant to an appointment to fill a vacancy
             135      in the office of Attorney General when there was less than three years remaining in the term of
             136      office.
             137          (5) The Attorney General appointed under Subsection (2) may be removed from office
             138      by the Governor, with the consent of a S. constitutional .S majority of all members of each
             138a      house of the
             139      Legislature.
             140          (6) (a) A vacancy in the office of Attorney General shall be filled as provided in
             141      Subsection (2).
             142          (b) A person appointed to fill a vacancy in the office of Attorney General shall serve
             143      the remainder of the unexpired term, subject to Subsection (5).
             144          Section 5. Submittal to voters.
             145          The lieutenant governor is directed to submit this proposed amendment to the voters of
             146      the state at the next regular general election in the manner provided by law.
             147          Section 6. Effective dates.
             148          If the amendments proposed by this joint resolution are approved by a majority of those
             149      voting on them at the next regular general election:
             150          (1) except as provided in Subsection (2), the amendments take effect on January 1,
             151      2015; and



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             152
         (2) (a) the amendments to Article VII, Section 10 take effect on January 1, 2017; and
             153          (b) Article VII, Section 16, Subsection (6) takes effect on January 1, 2017.





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