5 amendments to state constitution on ballot

Adding to a lengthy list of decisions on political representation, judicial and school board positions and bonding issues, Utah voters will be asked on Tuesday to weigh in on a full house of changes to the state's governing document.

Five proposed amendments to the Utah Constitution, identified with letters A through E, will make changes to state funding/investment mechanisms, clarify succession rules of the state's executive office, change the starting date of the state legislative session and alter when statewide redistricting is conducted.

Changes to the state constitution are born in the Legislature, and this year's batch is the product of both the 2007 and 2008 sessions. In the event of passage, the modifications take effect on Jan. 1, 2009.

• Amendment A — Executive Officer Succession Provisions:

Last addressed in 1980, this proposal clarifies language outlining who succeeds the governor in the event of his/her leaving or failing to take office.

Though rarely used, problems with the reading of this part of the constitution created havoc in 2003 when then Lt. Gov. Olene Walker took over for Gov. Mike Leavitt following his confirmation as head of the U.S. Environmental Protection Agency. The succession language suggested that Walker was only an "acting" governor — an issue addressed in an opinion issued by Attorney General Mark Shurtleff that stated the successor "is" the governor and not just a temporary replacement. This amendment essentially codifies that interpretation.

In the event the governor dies, is impeached, moves out of state, becomes disabled or, in the case of a governor-elect, fails to take office, the succession ladder goes lieutenant governor, president of the Senate, speaker of House. A new twist also mandates Senate ratification of the new governor's appointment of a lieutenant governor.

• Amendment B — Changes to Permanent State Trust Fund:

In 2001, a few years after the $200 billion-plus landmark settlement by Utah and 45 other states with tobacco companies, a state constitutional amendment established a protected trust fund to squirrel away a portion of that money over the course of its 25-year payout schedule. Provisions of the amendment restrict contributions to the fund to the tobacco payouts and gifts from individuals.