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Legislative action that proposed this amendment: SJR1 1972 Budget Session
Disposition: This amendment took effect following voter ratification. You may read the resulting 1973 Utah Constitution here.
Amends article 6 section 3,4,5,22,23,24,25,26
[This proposed amendment superceded the proposal found in SJR11 from the 1971 Regular Session.]
The Legislative power of the State shall be vested:
1. In a Senate and House of Representatives which shall be designated the Legislature of the State of Utah.
2. In the people of the State of Utah, as hereinafter stated:
The legal voters or such fractional part thereof, of the State of Utah as may be provided by law, under such conditions and in such manner and within such time as may be provided by law, may initiate any desired legislation and cause the same to be submitted to a vote of the people for approval or rejection, or may require any law passed by the Legislature (except those laws passed by a two-thirds vote of the members elected to each house of the Legislature) to be submitted to the voters of the State before such law shall take effect.
The legal voters or such fractional part thereof as may be provided by law, of any legal subdivision of the State, under such conditions and in such manner and within such time as may be provided by law, may initiate any desired legislation and cause the same to be submitted to a vote of the people of said legal subdivision for approval or rejection, or may require any law or ordinance passed by the law making body of said legal subdivision to be submitted to the voters thereof before such law or ordinance shall take effect.
Sessions of the Legislature shall be held annually at the seat of government and shall begin on the second Monday in January. A general session shall be held during odd-numbered years, and a budget session shall be held during even-numbered years. Legislation not directly related to the state budget may be considered by the Legislature during budget sessions only if permitted by a joint resolution passed by two-thirds of the members elected to each house.
The members of the House of Representatives, after the first election, shall be chosen by the qualified voters of the respective representative districts, on the first Tuesday after the first Monday in November, 1986, and bi-ennially thereafter. Their term of office shall be two years, from the first day of January next after their election.
The senators shall be chosen by the qualified voters of the respective senatorial districts, at the same times and places as members of the House of Representatives, and their term of office shall be four years from the first day of January next after their election and as nearly one-half as may be practicable shall be elected in each biennium as the Legislature shall determine by law with each apportionment.
No person shall be eligible to the office of senator or representative who as of the last date provided by law for filing for the office is not a citizen of the United States, twenty-five years of age, a qualified voter in the district from which he is chosen, a resident for three years of the State, and for six months of the district from which he is elected.
No person holding any public office of profit or trust under authority of the United States, or of this State, shall be a member of the Legislature: Provided, That appointments in the State Militia, and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not, within the meaning of this section, be considered offices of profit or trust.
No member of the Legislature, during the term for which he was elected, shall be appointed or elected to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected.
Members of the Legislature, in all cases except treason, felony or breach of the peace, shall be privileged from arrest during each session of the Legislature, for fifteen days next preceding each session, and in returning therefrom; and for words used in any speech or debate in either house, they shall not be questioned in any other place.
The members of the Legislature shall receive compensation of $25 per diem while actually in session, expenses of $15 per diem while actually in session, and mileage as provided by law.
Each house shall be the judge of the election and qualifications of its members, and may punish them for disorderly conduct, and with the concurrence of two-thirds of all members elected, expel a member for cause.
A majority of the members of each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may prescribe.
Each house shall determine the rules of its proceedings and choose its own officers and employees.
Vacancies that may occur in either house of the legislature shall be filled in such manner as may be provided by law.
Each house shall keep a journal of its proceedings, which, except in case of executive sessions, shall be published, and the yeas and nays on any question, at the request of five members of such house, shall be entered upon the journal.
All sessions of the Legislature, except those of the Senate while sitting in executive session, shall be public; and neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which it may be holding session.
No general session of the Legislature shall exceed sixty calendar days, except in cases of impeachment. No budget session shall exceed twenty calendar days, except in cases of impeachment. No special session shall exceed thirty calendar days, except in cases of impeachment. When any session of the Legislature trying cases of impeachment exceeds the number of calendar days it may remain in session as provided in this section, the members shall receive for compensation only the usual per diem expenses and mileage.
The House of Representatives shall have the sole power of impeachment, but in order to impeach, two-thirds of all the members elected must vote therefor.
All impeachments shall be tried by the Senate, and senators, when sitting for that purpose, shall take oath or make affirmation to do justice according to the law and the evidence. When the Governor is on trial, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the senators.
The Governor and other State and Judicial officers, except justices of the peace, shall be liable to impeachment for high crimes, misdemeanors, or malfeasance in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit in the State. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial and punishment according to law.
No person shall be tried on impeachment, unless he shall have been served with a copy of the articles thereof, at least ten days before the trial, and after such service he shall not exercise the duties of his office until he shall have been acquitted.
All officers not liable to impeachment shall be removed for any of the offenses specified in this article, in such manner as may be provided by law.
Every bill shall be read by title three separate times in each house except in cases where two-thirds of the house where such bill is pending suspend this requirement. Except general appropriation bills and bills for the codification and general revision of laws, no bill shall be passed containing more than one subject, which shall be clearly expressed in its title. The vote upon the final passage of all bills shall be by yeas and nays and entered upon the respective journals of the house in which the vote occurs. No bill or joint resolution shall be passed except with the assent of the majority of all the members elected to each house of the Legislature.
Notwithstanding any provision of this Constitution, the legislature, in any law imposing income taxes, may define the amount on, in respect to, or by which the taxes are imposed or measured, by reference to any provision of the laws of the United States as the same may be or become effective at any time or from time to time and may prescribe exemptions or modifications to any such provision.
The presiding officer of each house, not later than five days following adjournment, shall sign all bills and joint resolutions passed by the Legislature, certifying to their accuracy and authenticity as enacted by the Legislature.
All acts shall be officially published, and no act shall take effect until sixty days after the adjournment of the session at which it passed, unless the Legislature by a vote of two-thirds of all the members elected to each house, shall otherwise direct.
No private or special law shall be enacted where a general law can be applicable.
The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose.
The legislature shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, to levy taxes, to select a capitol site, or to perform any municipal functions.
The Legislature shall not authorize the State, or any county, city, town, township, district or other political subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate enterprise or undertaking.
Notwithstanding any general or special provisions of the Constitution, the legislature in order to insure continuity of state and local government operations in periods of emergency resulting from disaster caused by enemy attack shall have the power and immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such measures as may be necessary and proper for insuring the continuity of governmental operations including, but not limited to, the financing thereof; but subsections 1 and 2 of this section shall not permit the public officers so appointed to act or the measures so adopted to be in contravention of the Constitution and applicable law.
For attendance at meetings of interim committees established by law to function between legislative sessions, members of the Legislature shall receive additional per diem compensation and mileage at a rate not to exceed that provided in this Constitution for regular legislative sessions.
The Legislature may appoint temporary or permanent nonmember employees for work during and between sessions, including independent legal counsel which shall provide and control all legal services for the Legislature except as the Legislature by law shall authorize performance thereof by the attorney general.
The Legislature shall appoint a legislative auditor to serve at its pleasure. The legislative auditor shall have authority to conduct audits of any funds, functions, and accounts in any branch, department, agency or political subdivision of this state and shall perform such other related duties as may be prescribed by the Legislature. He shall report to and be answerable only to the Legislature.