Show Proposed Changes in Utah's Constitution Constitution STATE O OF 01 UTAH OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY September 7 1972 Dear Fellow Citizens The Legislature o of f the State o of f Utah has entrusted me with the responsibility for publishing publishing publishing pub pub- lishing the following Propositions which relate re rc- rc- rc late to changes in the Constitution o of f the State o of f Utah In the beginning o of f the body o of f each Proposition Proposition Proposition we have set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot on November 7 1972 Because o of f the very serious nature o of f these Propositions Propositions Propositions which your State Legislature has caused to be placed before you I l urge that each o of f you study the text o of f the Propositions in f full nil I urge you to consult with your friends and local civic neighbors leaders civic leaders in order that you may gain all information necessary to render a just and wise Decision Sincerely CLYDE L L. MILLET MILLER Secretary of State I PROPOSITION NO 1 LEGISLATIVE ARTICLE REVISION SHALL ARTICLE VI OF THE STATE CONSTITUTION CONSTITUTION CONSTITUTION BE REVISED TO MAKE CHAT CHANGES GESIN IN THE PROCEDURE AND MANNER OF OPERATION OPERATION OP O OF F THE STATE LEGISLATURE AND THE LEGISLATIVE LEGISLATIVE LEGISLA LEGISLA- TIVE BRANCH OF STATE GOVERNMENT INCLUDING THE LAWMAKING LAWMAKING LAWMAKING LAW- LAW MAKING RULES AND PROCEDURE THE PRESENT LAW AND THE PROPOSED REVISIONS REVISIONS REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH Be it resolved by the Legislature Legislature Legislature Leg Leg- of the State of Utah two-thirds two of all members elected to each of the two houses voting in favor thereof thereof thereof there- there of Section 1 It is proposed to amend Article VI of the Constitution of the State of Utah to read Sec 1 The LeJ Legislative power of the State shall hall be vested 1 In a Senate and House of Representatives which shall be designated the Legislature Legislature Legislature Leg Leg- 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 0 of Utah as may be provided by law under such conditions and in such manner manner manner man man- ner and within such time as may be provided by law may initiate any desired legislation legislation leg leg- 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 Legislature Legislature Legis Legis- lature except those laws passed by a two-thirds two vote of the members elected to each house of the Legislature Legislature Legislature Legisla Legisla- ture 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 desired legislation and any cause the same to be submitted submitted sub sub- muted to a vote of the people 3 of said M l legal al subdivision for approved approval or rejection or r may law or ordinance ce any require ed by the law making body body of said legal I sion to be submitted to the voters thereof before such law or ordinance shall take effect Sec 2 Sessions of the Legislature shall be h held ld annually annually annually an an- at the seat of government government government govern govern- ment and shall begin on the second Monday in January A general session shall be beheld beheld beheld held during odd numbered years and a budget session shall be held during even- even numbered years Legislation not directly related to the state budget may be considered considered considered con con- by bv th the thA Legislature during bud budget et sessions only if permitted by a joint resolution resolution resolution reso reso- lution passed by two-thirds two of the members elected eJected to each house Sec See 3 The members of the House of Representatives tives after the first election shall be chosen by the qualified qualified qualified voters of the respective representative districts on the first Tuesday after the first Monday in November 1896 and bi there thereafter after Their term of office shall be two years from the first day of January next after their election Sec 4 The senators shall be chosen by the qualified voters of the respective senatorial sen sen- atonal atoria districts at the same times and UK places as members of the House of or Representatives tives and their term of office shall be four years from the first day of January next after their election and as nearly one-half one a as may be practicable shall be elected in each biennium as the Legislature Legislature Leg Leg- shall determine by bylaw bylaw law Jaw with each apportion apportion- ment Sec 5 No person shall be eli eligible ible to the office of senator senator senator sen sen- ator or representative who alof as al of the last date dat provided by bylaw bylaw bylaw law for filin filing for the office is not a citizen of the United States twenty-five twenty years of age aee a qualified voter in the district from which he i is chosen a resident for three years of the State and for six sax months of the district from which he is elected eJected Sec 6 6 No person holding holdin any public office of profit or trust under authority of the United States or of this State shall he be a member of the Le Legislature Provided That appointments in the State Militia a and d the offices office of notary public of the peace United Unit d States State commissioner end and postmaster ter of the fourth class clas shall not within the meaning of this thi section be considered offices of profit or trust Sec 7 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 Sec 8 Members of the Legislature in all cases except except except ex ex- ex- ex treason felony or J breach reach of the peace shall be privileged privileged privileged from arrest during each session of the Legislature Legislature Legis Legis- lature for fifteen days next preceding each session and andin andin andin in returning and for words used in any speech or debate in either house they shall not be questioned in any other place Sec 9 The members of th the Legislature shall receive compensation of 25 per diem while actually in session session session ses ses- ses- ses sion expenses of 15 per diem liem while actually in session session ses ses- ses sion and mileage te as provided provided provided pro pro- vided by law Sec See 10 Each house shall be the judge of the election and qualifications of its members members members mem mem- bers and may punish them for disorderly conduct and with the concurrence of two- two thirds of all members elected expel a member for cause Sec 11 A majority of the members of each house shall constitute a quorum to transact transact transact tran tran- 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 Sec 12 Each house shall determine the rules of its proceedings and choose its own officers and employees Sec 13 Vacancies that may occur in either house of the legislature shall be filled in such manner as may be provided by law Sec 14 Each house shall keep a journal of its proceedings proceedings proceedings pro pro- which except excel in incase incase incase case of executive sessions session shall he be published and the yeas and nays on any question question question ques ques- tion at the request of five members of such house shall be entered upon the journal Sec 15 All sessions of the Legislature except those of the Senate while sitting in executive session shall b bs be public and neither house without th the of the theother theother other shall adjourn for more than three days nor to any other place than that in which it may be holding session Sec 16 No general enera session session session ses ses- ses- ses sion of the Legislature shall exceed sixty calendar days except in cases of impeach impeach- ment No budget bud session shall exceed twenty calendar days except in cases of im im- im- im No special session session ses ses- sion shall exceed d thirty calendar calendar calendar cal cal- days davs except in in incases cases of impeachment When any session of the Le Legislature trying cases of impeachment exceeds the number of calendar calendar calendar cal cal- days it may mav remain in session as provided in this section the members shall shaI receive for compensation only the u usual ual per diem ex expenses expenses ex- ex and mileage milea Sec 17 The House of Representatives shall shaH havethe havethe have havo the sole power of impeachment impeach impeach- impeachment ment mente hut but in order to impeach impeach impeach im im- peach two thirds of all aH the members elected must vote Sec 18 All impeachments shall he be tried by the Senate and Senators when sitting for that purpose shall shaH take oath or make affirmation to toI todo todo do justice according to the I law aw and the evidence Wh n the Governor is il on trial the Chief Justice of the Court shall shaH preside No person person per per- person son shall shaH he be convicted without without without with with- out the concurrence of two- two thirds of the senators elected Sec 19 The Governor and other State and Judicial officers officers cers cers except justices of the peace sha shall be liable to impeachment impeachment impeachment im im- im- im for high crimes misdemeanors or malfeasance malfeasance malfeasance sance 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 Sec See 20 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 off office ce until he shall have been acquitted Sec 21 All Al 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 Sec 22 Every bill shall be read Toad by title three separate separate sep lIep- sep sep- arate times in each house except in cases cases cases' where two- two thirds of the house where such bill is pending suspend this requirement Except general appropriation bills and bills bis for the codification and general revision of laws no bl bill shall be passed containing containing containing con con- more than one subject subject subject sub sub- which shall sha be clearly expressed in its title The vote upon the final passage of all bills sha shall be by yeas and nays entered upon the respective journals of the house in which the vote oc occurs curs No bill or joint resolution resolution resolution reso reso- lution shall be passed except with the assent of the majority majority majority ma ma- of a all the members elected to each house of the Legislature Sec See 23 Notwithstanding any provision of this Constitution 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 he be or become effective effective effective ef ef- ef- ef at any time or from time to time and may prescribe prescribe prescribe pre pre- scribe exemptions or modifications modifications modifications modi modi- to any such pro pro- vision Sec 24 The presiding officer officer of each house not later than five days davs following adjournment adjournment adjournment ad ad- sha shall sign all bills bill and joint resolutions passed by hy the J Legislature certifying to their accuracy and authenticity authenticity authenticity auth auth- as enacted by the Legislature Sec 25 All acts shall sha be officially published and no act shall sha take effect until sixty days after the adjournment adjournment adjournment adjourn adjourn- ment of the session at which it passed unless the Legislature Legislature Legis Legis- lature by hy a vote of two thirds of a all the members elected to each house shall sha otherwise direct Sec 26 No private or special special special cial law Jaw shall be enacted where a general law can be applicable Sec 27 The Legislature shall not authorize any game ame of chance lottery or gift enterprise enterprise enterprise en en- under any pretense or for any purpose Sec 28 The Legislature sha shall not delegate to any special special special cial commission private corporation corporation corporation cor cor- cor- cor or association any power power to make supervise or interfere with any municipal l improvement money property property property prop prop- erty or effects whether held helel in trust or otherwise to levy taxes to select a capitol site or to perform any municipal f functions Sec 29 The u Legislature sha shall not authorize the State or any county city town township district or other political subdivision of the State to lend its ih credit or subscribe to stock or bond bondt 1 in aid of any railroad tele tele- graph or other private individual individual indi indi- individual vidual or corporate enterprise enterprise enterprise enter enter- prise or undertaking Sec See 30 Notwithstanding any general or special provisions provisions provisions pro pro- visions of the Constitution the Legislature in order to insure continuity of state and local government operations in periods of emergency resulting resulting resulting re re- from disaster caused by enemy attack shall have havethe havethe havethe the power and immediate duty 1 to provide for prompt and temporary succession succession succession suc suc- cession to the powers and duties of public offices of whatever nature and whether filled by election or appointment appointment appoint appoint- ment the incumbents of which may become unavailable able for carrying on the powers and duties of such offices and 2 to adopt such measures as may be necessary necessary necessary sary and proper for insuring the continuity of governmental governmental govern govern- overn- overn mental operations including but not limited to to the financing financing financing ing thereof but subsections 1 and 2 of this section shall not permit the public officers officer so appointed to act or the measures so to be in contravention of the Constitution Constitution Constitution and applicable law Sec 31 For attendance at meetings of interim committees committees committees com com- established by law Jaw to function between leJ legislative sessions members of the Legislature Legislature Leg t sha shall receive additional additional additional addi addi- per diem compensation compensation compensation tion and mileage at a rate not to exceed that provided in this Constitution for regular regular regular reg reg- ular legislative sessions Sec 32 The Legislature may appoint temporary or permanent nonmember r employees employees employees em em- for work during and between sessions including independent le legal al counsel which sha shall provide and control control control con con- a all legal services for the Legislature except as the Legislature by law shall authorize authorize authorize au au- au- au performance thereof by the attorney general Sec 33 The Legi Legislature lature shall appoint a le legislative auditor auditor auditor au au- to serve at its |