Show Proposed Changes in Utah's Constitution Sr STATE TE OF OJ UTAH OFFICE OF THE SECRETARY OF STATE S. I SALT Luu CITY September 7 lJ 1972 Dear Fellow Citizens Citizen The Lc Legislature o of the flu State l tat o of Utah has Luis entrusted n me mt n with ih the ill responsibility for publishing pub pub- lishing the folio following Propositions which relate re r- late to cha in it the Const Constitution il III of 0 the State o of f Utah Itah In the be beginning f J of 11 the body r ro o of ol f 1 Ii Proposition we Wl heel hare hal e set t t forth or fh the ilu lire allot l of Tit Title Till l r o of oj the 1 Proposition as it will frill appear on Oil the hit General Election Ballot on 1 D r of the very Vet serious nature ol of 11 r. r r Propositions t wh which ich J yo your Ii r S State t t legislature 11 n h has lis s caused to be bC placed before you f I II urge r that I rule lIch of or you study the ilu text of oj the t 11 Propositions 1 to OIlS in ill full I urge Jr you oft to consult 11 with irith your 1 l Ir friends ri r neighbors 1 and local loa Cit ciric iric i leaders ti in ill order that you may J. J 1 gain qin all information ill necessary to render a just and wise decision lri iOu Sincerely CLYDE LY DE L. L MILLER Secretary y of ol State 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 OP OPERATION OPERATION OPERATION O OF F THE STATE LEGISLATURE AND THE LEGISLATIVE LEGISLATIVE LEGISLA LEGISLA- D TIVE BRANCH OF STATE GOVERNMENT J INCLUDING THE LA LAWMAKING LAWMAKING LAW LAW- V MAKING RULES AND PROCEDURE THE 1 PRESENT LA LAW LAV V AND 3 THE PROPOSED REVISIONS REVISIONS f ARE ON CARDS IN THE POL POLLING L I N G PLACE AND BOOTH t Be it resolved by the Legislature LegS Legislature Leg Leg- S of the State of Utah two thirds of all members elected to each of the two houses voting in favor thereof thereof thereof there there- of y Section 1 It is proposed to amend Article VI of the 5 Constitution of the tho State of Utah to read i Sec 1 The Legislative power er of the State shall be he vested 5 1 L In a Senate and House 1 of Representatives which shall be designated the Le Legislature Legislature Leg Leg- t of the State of Utah 2 2 In the people of the I State of Utah as hereinafter s stated ted The legal voters or such fractional part thereof of the State of Utah as may he be provided by law under such conditions and in such manner manner man man- 1 ner and within such time as may be provided by law may initiate any desired lesl leg les- l illation and cause the same to be submitted to a vote of the people for approval or J rejection or may require any law passed by the Legislature Legislature Legis Leis lature except those laws i i passed by a two-thirds two vote i of the members elected to toa a 5 each house of the Legislature Legislature Legisla Legisla- r ture to be submitted to the voters of the State before a such law Jaw shall take effect T The e legal voters or such fractional part thereof as 7 may be provided by law of x any legal subdivision of the State under such conditions j and in such manner and andI I I within such time as may be 6 provided by law may mav initiate ini 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 sion to be submitted to the voters thereof before such law or ordinance shall take effect Sec 2 2 Sessions of the Legislature shall be held 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 bud budget set 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 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 after Their term tenn 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 senatorial senatorial sen sen- districts at the same times and places as members of the House of Representatives tives and their term of office shall he be four years from the first day of January n next after their election and as nearly one-half one as a. may be practicable shall he be elected in each biennium as the Legislature Leg Leg- shall determine by law with each apportion apportion- ment Sec 5 No person shall be he eligible to the office of senator senator senator sen- sen ator or representative who as ae of the last date provided by law for filing for the office i. i is not a citizen of the United States twenty twenty five five years vears of ofa a age ace e a qualified voter in the district from which he is ii chosen a resident for three years of the State and for six six months of the district from which he ho is elected Sec 6 No person holding an public office of profit or tru trust t under authority of the United States or or of this thie State shall he a n member of the Le Legislature Provided That appointments appointment in the State ate Militia ad and the office of notary public Justice of the peace Unit United d States commissioner and nd postmaster ter of the fourth class shall not within the meaning of this thi section be considered offices of profit or trust I Sec 7 No member of the Legislature during durins 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- treason felony or breach of the peace shall be privileged privileged privileged from arrest during each session of the Legislature Legislature Legislature Legis Legis- lature for fifteen days next preceding each session andin and andin andin in in returning and for words used in any speech or debate in either house they shall not be he questioned in any other place Sec 9 The members of the Legislature shall receive compensation of 25 per diem while actually in session session session ses ses- sion expenses of 15 per diem while actually in session session ses ses- sion sion and mileage as provided provided provided pro pro- vided by law Sec 10 Each house shall he be the judge of the election and qualifications of its members mem mem- hers 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 hut but a smaller number may adjourn from day to day and may mav 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 he 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 in incase incase incase case of executive sessions shall be he published and the yeas veas and nays on any question question question ques ques- tion at the request of five members of such house shall be he entered upon the journal Sec 15 All sessions of theLe the tho Le Legislature except those of the Senate while sitting in in executive session shall h b public and neither house without the consent of theother the theother theother other shall hall adjourn for more than three days nor to any other place than that in which it may be he holdin holding session Sec 16 No general session session session ses ses- sion sion of the Legislature shall exceed sixty calendar days except in cases of impeach impeach- ment No budget session shall hall exceed twenty calendar days except in cases of impeachment im im- No special session session session ses ses- sion sion shall exceed thirty calendar calendar calendar cal cal- davs days except in in in cases of impeachment When any session of the Legislature trying cases caes of impeachment exceeds the number of calendar calendar calendar cal cal- days davs it may mav rem remain n nin in in session session a as provided in in thi thi- section the members shall receive for compensation only the usual per diem e expenses ex ex- and mileage Sec 17 The House of Representatives shall havethe have havo the sole power of impeachment impeach ment mente but hut in in order to impeach impeach im im- peach two thirds of all the members elected must vote Sec 18 All impeachments shall he 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 w and md the evidence Wh n the Governor i is is on trial the Chief Justice of the Supreme Court shall preside No p person person per per- r son shall Rhall he be convicted without without without with- with out the tho concurrence nce of two- two tJ thirds of the senators elected Sec 19 The Governor and other State and Judicial officers officers officers cers except justices of the pea peace e shall be liable to impeach impeachment im im- peach ent 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 State- The party whether convicted or acquitted shall nev nevertheless be liable to prosecution trial and punishment according to law Sec 20 No person shall shull 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 hi his office until he shall have been acquitted Sec 21 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 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 is pending suspend this requirement Except general appropriation bills and hills bills for the codification and general revision of laws no bill hill shall he be passed 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 hills bills shall be he 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 he passed except with the assent of the majority majority majority ma ma- of all the members elected to each house of the Legislature Sec 23 Notwithstanding any provision of this Constitution Constitution Constitution the Legislature in any law imposing income taxes may define the amount on on in respect to 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 ef- ef at any time or from time to time and may prescribe prescribe prescribe pre pre- scribe exemptions or modifications modifications modi modi- to any such pro pro- vision Sec 24 The presiding officer officer officer of each house not later than five days davs following adjournment adjournment adjournment ad ad- shall sign all hillsand bills hills and joint resolutions passed hy by the Legislature certifying ng to their accuracy and authenticity authenticity authenticity auth auth- as enacted by hy the L Legislature See Sec 25 All acts shall be he officially published and no act shall 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 hy by a vote of two thirds of all th the members elected to each house shall otherwise e direct Sec 26 No private or special special special cial law shall he be enacted where a general law can he be applicable Sec 27 The Legislature shall not authorize any game 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 airy flower power to make supervise or interfere with any municipal improvement money propErty property property prop prop- erty or effects whether held in trust or otherwise to levy taxes to select a capitol site or to perform any municipal f functions Sec 29 The Le Legislature shall not authorize the State or any county city town town township district or other othe political subdivision of the State to lend its it credit or subscribe to stock or bond in m in aid of any railroad tele tele- graph or other private indi individual individual vidual or corporate enterprise enterprise enterprise enter enter- prise or undertaking Sec 30 Notwithstanding any general or special l provisions pro pro- provisions visions of the Constitution the Legislature in or order er to insure continuity of state and local government operations in periods of emergency resulting resulting re re- from disaster caused by enemy attack shall havethe have 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 bv 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 hut but subsections 1 and 2 of this section shall not permit the public officer 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 hy law to function between legislative sessions members of the Legislature Legislature Legislature Leg Leg- 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 le legislative sessions Sec 32 The Legislature may appoint temporary or permanent nonmember employees employees employees em em- for work during and between sessions session including independent legal counsel which shall shaH provide and control control control con con- all legal services for the Legislature except as the theLe Le Legislature by hy law shall authorize authorize authorize au au- performance thereof hy by the attorney general Sec 33 The Legislature shall hall appoint |