Show Proposed Changes in Utah's Constitution I STATE OF UTAH OFFICE OF THE SECRETARY OF STATE SALT T LAKE CITY September 7 1972 Dear Fellow Citizens The Legislature o of f the State o of Utah has entrusted me with the responsibility for publishing publishing publishing pub pub- lishing the following Propositions which relate relate relate re re- re- re late to changes in the Constitution n o of f the State o of f Utah UtaJi 11 Iii In the beginning o of f the body o of f each Pro Proposition Proposition po- po we ive have set forth the Ballot Title o of f the Proposition as it will appear on the General Election B Ballot allot on November 7 1972 B Because o of f the very try 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 full I urge you to consult with your friends neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision Sincerely CLYDE CLYDEL L. L MILLER Secretary of State I PROPOSITION NO 1 LEGISLATIVE ARTICLE REVISION SHALL ARTICLE VI OF THE STATE CONSTITUTION CONSTITUTION CONSTITUTION BE REVISED TO MAKE CHANGES IN THE PROCEDURE AND MANNER OF OPERATION OPERATION OP OPERATION O OF F THE STATE LEGISLATURE AND THE LEGISLATIVE 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 SIGNS ARE ON CARDS IN THE POLLING PLACE AND BOOTH Be it resolved by the Leg of the State of Utah two-thirds two of all aU 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 See Sec 1 The Legislative power of the State shall be vested 1 In a Senate and House of Representatives which shall be designated the Legislature Legislature Leg Leg- of the State of Utah 2 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 manner manner man man- ner and within such time as may be provided by law may initiate any desired 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 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 any desired legislation and cause the same to be submitted submitted submitted sub sub- 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 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 held 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 the Legislature during budget sessions only if permitted by a joint resolution resolution resolution reso reso- lution passed by two-thirds two of the members elected to each house Sec 3 The members of the House of Representatives tives after the first election shall shan be chosen by the qualified qualified voters of the respective representative districts on the first Tuesday after the first Monday in November 1896 and bi biennially there there- after Their term of office shall shaH 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 districts at the same times and places as members of the House of Representatives tives fives and their term of office shall shan be four years from the first day of January next after their election and as nearly one half as may be practicable shall shan be elected in each biennium as the Legislature Legislature Leg Leg- shall shaU determine by law with each apportionment apportionment apportion apportion- ment Sec 5 No person shall be eligible to the office of senator senator senator sen- sen ator or representative who as of the last date provided by law for filing for the office is is not a citizen of the United States twenty-five twenty years of ofa a age ace e a qualified voter in the district from which he is il chosen a resident for three years of the State and for six months of the district from which he is elected See Sec 6 No person holding any public office of profit or trust under authority of the United States or or of this thi State shall he be a member of the Legislature Provided That appointments apPointment in the State Militia and the offices office of notary public of the peace Unit United d States commissioner and postmaster ter of the fourth class shall not within the meaning of this 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 shaH have been increased during the term for which he was elected Sec 8 Members of the Legislature in all aU cases except except except ex ex- ex- ex treason felony or breach of the peace shall shan be privileged privileged privileged from arrest during each session of the Legislature 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 the Legislature shall shaH receive compensation of 25 per diem while actually in session session session ses ses- ses- ses sion expenses of 15 per diem while actually in in session session ses ses- ses sion and mileage as provided provided provided pro pro- vided by law Sec 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 See 11 A majority of oi the members of each house shall shaH 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 shaH determine the rules of its proceedings and choose its own officers and employees Sec Sea 13 Vacancies that may occur in either house of the leJ legislature slature shall be filled in such manner as may be provided by law Jaw See Sec 14 Each house shall shaH keep a journal of it its proceedings pro which except in incase incase incase case of executive sessions shall shaH 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 be public and neither house without the consent of the theother 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 session ses sese session sion of the Legislature shall exceed sixty calendar days except in cases of impeachment impeach impeach- ment No budget session shall exceed twenty calendar days except in cases of impeachment im im- No special session session session ses ses- ses- ses sion shall exceed thirty calendar calendar calendar cal cal- days davs except in in incases cases of impeachment When any session of the Legislature trying cases cales of impeachment exceeds the number of calendar calendar calendar cal cal- days it may remain in in session session as 88 provided in this thi section the members shall shat receive receive for compensation only the usual per net diem expenses expenses ex ex- and mileage Sec Sea 17 The House of Representatives shall shaH have the sole power of imPeachment impeachment impeachment impeach imPeach- ment but in in order to impeach impeach impeach im im- im- im peach two thirds of all the members elected must vote Sec 18 All AH impeachments impeachment shall be tried by the Senate and Senators when sitting for that purpose shall shaH take oath or make affirmation to do justice according to the law JAW and the evidence Wh Vba n the Governor is on trial the Chief Justice of the Supreme Court sha shall preside No person person person per per- son shall be convicted 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 officers cers except justices of the peace 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 tria trial and punishment according to law Jaw 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 snaIl not exercise the duties of his office until he shall have been acquitted Sec 21 All AI 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 by title three separate separate separate sep sep- 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 and bills for the codification and general enera revision of laws no bill shall be passed containing containing containing con con- more than one subject subject subject sub sub- which shall be clearly expressed in its title The vote upon the final passage of all bills 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 all the members elected to each house of the Legislature See Sec 23 Notwithstanding any provision of this Constitution Constitution Constitution the Legislature in any law imposing income taxes may define the amount on in respect to or by which the taxes are arc imposed or measured by reference to any provision of the laws Jaws of the United States as the same may 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 modi modi- fi to any such pro pro- vision Sec 24 The presiding officer officer officer of each house not later than five days following adjournment adjournment adjournment ad ad- shall sign all bills and joint resolutions passed by hy the Legislature certifying to their accuracy and authenticity authenticity authenticity auth auth- as enacted by the Legislature Sec 25 All acts shall be officially published and no act shall take effect until sixty days after the adjournment adjournment adjourn adjourn- ment of the session at which it passed unless the Legislature Legis Legis- lature by a vote of two thirds of all aH the members elected to each house shall shaH otherwise direct Sec 26 No private or special special special f cial law Jaw shall be enacted where a general law Jaw can be applicable Sec 27 The Legislature shall not authorize any game ame of chance lottery or gift enterprise enterprise en en- under any pretense or for any purpose Sec 28 The Legislature shall not delegate to any special special special cial commission private corporation corporation corporation 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 in in trust or otherwise to levy taxes to select a capitol capito site or to perform any municipal f functions Sec 29 The Legislature shall not authorize the State or any county city town township district or other political subdivision of ot the State to lend its it credit or subscribe to stock or bond bondin 1 in in aid of any railroad tele tele- graph or other private individual individual indi individual vidual or corporate enterprise enterprise enterprise enter enter- prise or undertaking Sec 30 Notwithstanding any general or special 1 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 lck 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 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 necessary sary and proper for insuring the 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 shaH not permit the public officers officer so appointed to act or the measures so to be in 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 to function between legislative sessions members of the Legislature Leg LeJ- shall receive additional additional additional addi addi- per diem compensation compensation compensation tion and mileage at a n rate not to exceed that provided in this Constitution for regular regular reg reg- ular legislative sessions Sec 32 The Legislature may appoint temporary or permanent nonmember employees employees employees em em- for work during and between sessions including independent legal e al counsel which shall shaH provide and control control control con con- all aH legal services for the Legislature except as the Legislature by law Jaw shall authorize authorize authorize au au- au- au performance thereof by the attorney general Sec Sea 33 The Legislature shall shaH appoint a le legislative auditor auditor auditor au au- au- au to serve at its pleasure The legislative e auditor shall have authority to conduct audits of any funds functions functions functions and accounts in any branch department agency or political subdivision of this state and |