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I Proposed Cha in Utah Ut l 5 STATE SlAT OF UTAH OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY September 7 1972 Dear Fellow Citizens The Legislature of the State o of Utah 7 lias iLas as asI entrusted me mc with the responsibility for publishing pub pub- I I lishing the following Propositions which relate relate relate re re- re- re late to changes i in the Constitution of the Iho State of Utah In the beginning of the body of each Proposition Proposition Proposition we have set forth the Ballot Title of the Proposition as it will ivill appear on the General Election Ballot on November er 7 1972 Because of the very serious nature of these Pro Propositions Propositions Lions which your State Legislature has Jias caused to 10 b be placed before you I urge that each of you study the text of the Pro Propositions positions in full I 1 urge you to consult with your Jour friends neighbors and local civic leaders in order that you may gain all information necessary to LQ r a just and wise decision ft t 1 I all fR d r J I CLYDE L. L MILLER I Secretary State of State Siale PROPOSITION NO 1 LEGISLATIVE ARTICLE REVISION SHALL ARTICLE VI OF TIll TILE STATE CONSTITUTION CONSTITUTION CONSTITUTION BE REVISED TO 10 MAKE CHANGES I IN JN TIlE THE PROCEDURE AND MANNER OF OPERATION OPERATION OP OP- OF OP TilE THE STATE LEGISLATURE AND THE TIlE LEGISLATIVE LEGISLATIVE LEGISLA LEGISLA- TIVE BRANCH OF STATE GOVERNMENT INCLUDING TilE THE LAWMAKING LAW LAW- MAKING RULES AND PROCEDURE THE TIlE PRESENT RESENT IA LAW WAND AND TilE THE PROPOSED REVISIONS ARE ON CARDS CAlmS IN TIlE THE POLLING PLACE FLACE AND Bourn BOOTH Be it resolved by the Leg Leg- of the he State of Utah Ulah two-thirds two of all members member elected to each of the two tW houses voting in a favor thereof there there- 0 of 0 Section 1 t. It is proposed to amend Article VI of the Ule Constitution of the State ol 01 Utah to read road Soc See 1 The Legislative power of ol the State shall bev be bo v vested ted L I. In a Senate and House of Representatives which shall be bo designated 1 the leg Leg- of the State of Utah 2 In the people of the Ule State of Utah as hereinafter stated TJ The e legal voters or such fractional part thereof of the State of Utah as zany may be bo provided by law under such conditions and in such suh manner man mun ner end and nd within such time as may be bo provided by law ma may initiate any desired leg lg illation and e cause the tho same to be submitted to a vote voto of the tha people for tor approval or orI I rejection or may require any law passed by the Legis Logis lature except those laws passed by a two thirds veto voto of the members elected to each sech house of the Lt Legisla gisla ture to be submitted to the voters of the State before fore such law shall take Tho Tb legal voters or such fractional part thereof as may SISSY be provided by law of any legal subdivision on of the State under such conditions and in such manner and within such time as lIS may be bo provided by law may initiate any an desired legislation and cause the same to be submitted sub- sub 1 to a vote of the people of 01 said legal subdivision for lor approval or rejection or may require any law or ordinance by the law making body of said anid legal sion to be bo submitted to the voters thereof before such law or ordinance shall take effect Sec 2 t Sessions of the Legislature shall be held annually annually annually an an- at the seat of 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 con by the Legislature during budget sessions only if permitted by hy a joint resolution resolution reso roso lution passed by two thirds of the members elected to each house Sec 3 The members of tho House of Representatives tives after the first election I shall be chosen by the quid quai- Woo voters of the r respective representative districts on tho first Tuesday after the first Monday in November 1896 and bi there- there after Their term of office shall Rhall be two years from the tho first day of January next after their election S See Sec 4 of The Tho senators shall Rhan be chosen by the tho qualified voters of the respective senatorial sen atonal districts district at nt the tho same times and places as ns members of the House of tives and their term of office shall bo he four years from the first day of January next after their election elltion and as nearly one-half one as may be bo practicable shall bo be elected in each ach biennium as the Log Leg shall Rhall determine by law with each Mch apportionment apportion meat ment See Sec 5 No person shall be eligible to the office offie of sen ator or representative who as of the last date provided by law Jaw for filing tiling for the office i w not a citizen of the tho United States twenty five years of n age e a n qualified 1 voter in in the district from rom which he is chosen a resident for three years of the tho State and for sir six months of tho the district from which ho he is elected See Sec 6 No person holding any public office of profit or trust under authority of the tho United States or of this thus State shall ho bo a member of the tho l Legislature Provided That appointments in the tho State Militia and the offices of notary note public justice of the peace United l States Statts commissioner and postmaster ter of the fourth class shall not within the meaning of this section bo ho considered offices of profit or trust Sec 7 No member of the Legislature during the term tenn for which lie 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 blen increased during the term for which he was elected Soc Sec 8 Members of the Legislature in all cases except except except ex ex- ex- ex treason felony or breach 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 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 the Legislature shall receive compensation of 25 per diem while actually in session session ses sea sion expenses of 15 per diem while bile actually in session ses sea sion Bion and mileage as provided provided pro pro- vided by law Sec 10 Each house sha shabe shall be the judge of the election and qualifications of its members members mem mom bers hers and may punish them for disorderly conduct and with the concurrence of two two- thirds of all afi members elected sEpal expel a member for cause Sec 11 A Ii majority it of the members of each house shall constitute a quorum to transact transact tran tran- met business but a smaller number may adjourn from day to day daYt and ana may compel the attendance of absent members in such manner and under such penalties as each house may prescribe Sec See 12 Each house shall shan determine the rules of its proceedings and ana choose its own officers and employees Sec See 13 Vacancies that may occur in either house of the legislature shall shan be filled in such manner as us may be provided by law See Sec 14 Each house shall shan keep a journal of its proceedings proceedings proceedings pro pro- which except in incase incase incase case of executive sessions shall shan be he published and the yeas and nays on any question ques tion at the request of five members of such house shall shan be entered upon the journal Sec 15 AH An sessions 1 of the Legislature except those of the Senate while sitting in executive eX session shall be public and neither house without the consent cement of the theother theother theother other shall adjourn for more than three days Clays nor to any other place than that in which it may be bo holding session Sec 16 l. No general ernt session sos ses sion alan of the Legislature shall exceed sixty calendar days except in cases of impeachment impeach impeach- mont ment No budget session shall exceed twenty calendar days except in cases of impeachment im im- im No special session sea ses sion shall exceed thirty calendar cal days except in cows cases es of impeachment When IY session of the l Legislature trying cases castS of impeachment exceeds ls tho the number of calendar cat cal days it zany may remain in session as provided in this thi section the members shall han receive for compensation only the usual per diem ex ex and mileage Sec 17 The louse JouSt of Representatives shall s1 have havethe havethe havethe the sole power of impeachment impeach impeach- meat ment but in order to impeach impeach impeach im im- im- im peach two thirds of all the members elected must vote Sec Se 18 AH AU impeachments shall he be tried by the Senate and Senators when sitting for that purpose shall take oath or make affirmation todo to todo do 10 justice according to the law and the evidence When the Governor is on trial tHaI the Chief Thief Justi Justice of the Supreme Court shall pr preside No per son shall be bo convicted without without with with- out the concurrence of two thi thirds rd of thin the senators elected 1 Sec 19 The Governor and other State and Judicial officers officers orn- orn cers except justices of the peace shall be bo liable to impeachment impeachment impeachment im im- im- im for high crimes misdemeanors or 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 20 No person shall be tried on impeachment unless he lie shall have been served with a 11 copy of the articles thereof at least ten days before the Om trial and after such service he shall not exercise the duties of his office until he shall shaH have been acquitted Sec 21 All AIl officers not liable to impeachment shall be removed for any of the tha offenses specified in en this tIns article in such manner as may be bo provided by law Jaw Sec See 22 Every bill shall be read by title three separate separate sep sop arate times in each house except in cases where two- two thirds of the house where such bill is pending suspend this requirement Except general appropriation bills bilts and bills for the codification and general revision of laws no bill shall be passed containing containing con con- taming more than one subject subject sub sub- which shall be clearly expressed in its title The rho vote upon the final passage of all alt bills shall be by yeas and nays entered upon the tho respective journals of the tho house bouse in which the vote oc occurs oc- oc curs No bill or joint resolution resolution reso reso- lution shall be passed except with the assent of the majority majority ma ma- of all nil the members elected to each house of tho the Legislature Sec 23 Notwithstanding any provision of this Constitution Constitution the tho Legislature in any law imposing income taxes may define the Ule amount on in respect to or by which the taxes tax's are imposed or measured by reference to any provision of the laws of tho the United States as the same may be or become effective effective ef of- at any time or from time to time and may prescribe proscribe prescribe pre pro scribe exemptions or modifications modifications modi modi- to any such pro vision Sec 24 The TIle presiding officer om eer of each house not later th than five days following adjournment adjournment ad ad- shall sign all bills bill and joint resolutions passed by the Legislature certifying to their accuracy and authenticity auth auth- as lIS enacted by the tho Legislature Sex See Sec 25 All An acts nets shall be officially published and no act sh shall take effect until sixty days after the tho adjournment adjourn ment meat of the Uie session at which it passed unless the Legislature Legis Legh- laturo lature by a voto vote of oC two thirds of all nil the members ers elected to each house shall otherwise direct Sec 26 No private or special special ape ape- cial law shall Ira he enacted where n a general law can be bo applicable See Sec 27 The Tho Legislature shall not authorize nay any game gamo of chance lottery or gift girt enterprise en en- under any pretense or for any purpose Sec 28 The Legislature shall not delegate to any special ape ape- cial commission private corporation cor cor- cor flotation or association any power to make supervise super or interfere with any municipal improvement money property prop erty or effects whether pro hl held d in trust or otherwise to levy Ilvy taxes to select a capitol sit site or to perform any municipal functions See Sec 29 The Legislature shall not authorize the State or any County city town township district or other political subdivision of the State to lend its it credit or subscribe to stock or bond boneh in l aid of any railroad tele telo graph or other private individual individual indi individual vidual or corporate enterprise enterprise enter enter- prise or undertaking Sec 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 re- re suiting from disaster caused by enemy attack shall have havethe havethe havethe the power and immediate duty 1 to provide for prompt and temporary succession sue suc cession to the powers and duties of public offices of whatever nature and whether filled by election or appointment appoint appoint- ment the incumbents of which may become unavailable unavailable unavailable able for carrying on the powers and duties of such offices and 2 to adopt such measures as may be necessary necessary sary and proper for insuring the tho continuity of governmental governmental governmental govern govern- mental operations including but not limited to the financing financing financing ing thereof but subsections 1 and 2 of this section shall not permit the public officers so BO appointed to act or the tho measures so adopted to be in us contravention of the Constitution Constitution Coasts Coasts- and applicable law Sec 31 For attendance at meetings of interim committees com corn established by law to function between legislative sessions members of the Lt Legislature Legislature Leg Leg- g. g shall receive additional addi per diem compensation compensation tion and mileage at a rate not to exceed that provided in this Constitution for regular regular reg reg- reg- reg ular islar legislative sessions Sec 32 The Tho Legislature may appoint temporary or permanent nonmember employees em cm- for work durin during and between sessions including independent legal counsel which shall shaH provide and control con con- trot all Ill legal services for the Legislature except as the theLt Lt Legislature by law shall authorize authorize au au- au performance thereof by the attorney generaL gentraL Sec Soc 33 The J. J Legislature shall appoint a legislative auditor au an- to serve at its pleasure The legislative auditor shall shaIl h haa authority to conduct of any funds functions functions 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 hy theLt the tho Lt Legislature Ho lie shall report to and be bo answerable only to the tho Legislature Section 2 No 11 passed at nt the General Session Session Ses Sea sion sion of the Legislature on March 11 1971 is hereby repealed and ana ana withdrawn in its entirety from the tho next general election |
