S.J.R. 8

             1     

JOINT RESOLUTION ON TERM OF APPOINTED

             2     
LIEUTENANT GOVERNOR

             3     
2014 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Stephen H. Urquhart

             6     
House Sponsor: ____________

             7     
             8      LONG TITLE
             9      General Description:
             10          This joint resolution of the Legislature proposes to amend the Utah Constitution to
             11      modify a provision relating to the term of office of the Lieutenant Governor following
             12      an appointment to that office.
             13      Highlighted Provisions:
             14          This resolution proposes to amend the Utah Constitution to modify the term of an
             15      appointed Lieutenant Governor to be consistent with the term of Governor.
             16      Special Clauses:
             17          This resolution directs the lieutenant governor to submit this proposal to voters.
             18          This resolution provides a contingent effective date of January 1, 2015, for this
             19      proposal.
             20      Utah Constitution Sections Affected:
             21      AMENDS:
             22           ARTICLE VII, SECTION 10
             23     
             24      Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
             25      of the two houses voting in favor thereof:
             26          Section 1. It is proposed to amend Utah Constitution, Article VII, Section 10, to read:
             27           Article VII, Section 10. [Governor's appointive power -- Governor to appoint to


             28      fill vacancy in other state offices -- Vacancy in the office of the Lieutenant Governor.]
             29          (1) (a) The Governor shall nominate, and by and with consent of the Senate, appoint all
             30      State and district officers whose offices are established by this Constitution, or which may be
             31      created by law, and whose appointment or election is not otherwise provided for.
             32          (b) If, during the recess of the Senate, a vacancy occurs in any State or district office,
             33      the Governor shall appoint some qualified person to discharge the duties thereof until the next
             34      meeting of the Senate, when the Governor shall nominate some person to fill such office.
             35          (2) If the office of State Auditor, State Treasurer, or Attorney General be vacated by
             36      death, resignation, or otherwise, it shall be the duty of the Governor to fill the same by
             37      appointment, from the same political party as the removed person; and the appointee shall hold
             38      office until a successor shall be elected and qualified, as provided by law.
             39          (3) (a) A vacancy in the office of Lieutenant Governor occurs when:
             40          (i) the Lieutenant Governor dies, resigns, is removed from office following
             41      impeachment, becomes Governor under Article VII, Section 11, ceases to reside within the
             42      State, or is determined, as provided in Subsection (3)(b), to have a disability that renders the
             43      Lieutenant Governor unable to discharge the duties of office for the remainder of the
             44      Lieutenant Governor's term of office; or
             45          (ii) the Lieutenant Governor-elect fails to take office because of the Lieutenant
             46      Governor-elect's death, failure to qualify for office, or disability, determined as provided in
             47      Subsection (3)(b), that renders the Lieutenant Governor-elect unable to discharge the duties of
             48      office for the Lieutenant Governor-elect's full term of office.
             49          (b) (i) Except when the disability of a Lieutenant Governor is determined under Article
             50      VII, Section 11, Subsection (6) because the Lieutenant Governor is acting as Governor under
             51      Article VII, Section 11, Subsection (5), the disability of a Lieutenant Governor or Lieutenant
             52      Governor-elect shall be determined by a written declaration stating that the Lieutenant
             53      Governor or Lieutenant Governor-elect is unable to discharge the powers and duties of the
             54      office.
             55          (ii) The written declaration under Subsection (3)(b)(i) shall be transmitted to the
             56      Supreme Court and shall be signed by:
             57          (A) the Governor; or
             58          (B) (I) the Lieutenant Governor, if the Lieutenant Governor is the subject of the


             59      declaration; or
             60          (II) the Lieutenant Governor-elect, if the Lieutenant Governor-elect is the subject of the
             61      declaration.
             62          (iii) If the Lieutenant Governor or Lieutenant Governor-elect, as the case may be,
             63      disputes a declaration transmitted by the Governor under Subsection (3)(b)(i), the Lieutenant
             64      Governor or Lieutenant Governor-elect may, within ten days after the declaration is transmitted
             65      to the Supreme Court, file a petition requesting the Supreme Court to determine whether a
             66      disability exists as stated in the Governor's declaration.
             67          (iv) In determining whether a disability exists, the Supreme Court shall follow
             68      procedures that the Court establishes, unless the Legislature by statute establishes procedures
             69      for the Supreme Court to follow in determining whether a disability exists.
             70          (v) A determination of disability under this Subsection (3)(b) is final and conclusive.
             71          (c) (i) If a vacancy in the office of Lieutenant Governor occurs, the Governor shall,
             72      with the consent of the Senate, appoint a person as Lieutenant Governor, to serve:
             73          [(A) except as provided in Subsection (3)(c)(i)(B), the remainder of the unexpired
             74      term; or]
             75          [(B)] (A) until the first Monday in January of the year following the next regular
             76      general election after the vacancy occurs, if the vacancy occurs [because the Lieutenant
             77      Governor becomes Governor under Article VII, Section 11, Subsection (2).] during the first
             78      year of the term of office; or
             79          (B) for the remainder of the unexpired term, if the vacancy occurs after the first year of
             80      the term of office.
             81          (ii) The person appointed as Lieutenant Governor under Subsection (3)(c)(i) shall be
             82      from the same political party as the Governor.
             83          (iii) Neither the President of the Senate nor the Speaker of the House of
             84      Representatives may, while acting as Governor under Article VII, Section 11, Subsection [(4)]
             85      (5), appoint a person as Lieutenant Governor to fill a vacancy in that office.
             86          Section 2. Submittal to voters.
             87          The lieutenant governor is directed to submit this proposed amendment to the voters of
             88      the state at the next regular general election in the manner provided by law.
             89          Section 3. Effective date.


             90          If the amendment proposed by this joint resolution is approved by a majority of those
             91      voting on it at the next regular general election, the amendment shall take effect on January 1,
             92      2015.




Legislative Review Note
    as of 10-23-13 12:22 PM


Office of Legislative Research and General Counsel


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