Show j Proposed Changes in Utah's Constitution I STATE OF Or UTAH OFFICE OF THE SECRETARY OF STATE SALT LANE LAKE CITY September 7 1972 Dear Fellow Citizens The Le Legislature o of the State o of Utah has entrusted me with the responsibility for publishing publishing publishing pub pub- lishing the following Propositions which relate relate re re- relate re- re late to changes in the Constitution o of the State of Utah In the beginning bey inning of o the body o of f each Proposition Proposition Proposition we have set forth the Ballot Title o of f the Proposition as it will arr appear pear on the General Election Ballot on Oll November 7 1972 Because of the very y serious nature of these Pro Propositions Propositions positions which your r State Legislature Lef isla t ure has caused to be le placed before you I urge that each of J you study y ou study y the text of the Propositions in full I urge y J-y you to consult with your friends iwi neighbors and local civic leaders in ill order that you may yam gain n all information necessary to render a just and wise decision Sincerely CLYDE L. L MILLER Secretary of State PROPOSITION NO 1 LEGISLATIVE ARTICLE REVISION SHALL ARTICLE VI OF THE STATE CONSTITUTION CONSTITUTION CONSTITUTION BE REVISED TO MAKE fAKE CHANGES IN THE PROCEDURE AND MANNER OF OP OPERATION OPERATION 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 LA LAW WAND AND THE PROPOSED REVISIONS REVISIONS REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH Be it resolved by the 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 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 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 man mm- 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 o of f 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 thc members elected to each house of the Legislature Legisla Legisla- ture to be submitted to the voters of the State before e such law shall take effect The legal voters or such fractional part thereof a amay as s may be provided by law o of f any legal subdivision of the State under such conditions and in such manner and within such time as may be provided by law may mav initiate any desired legislation and cause the same to be submitted sub suh- submitted to a vote of oC the people of oC said legal subdivision fo for r approval or rejection or may require any law or ordinance passed by the law making body of said legal sion to be submitted to th the e voters thereof before such l law aw or ordinance shall take tak e effect Sec 2 Sessions of th the e Legislature shall be held annually annually an an- annually at the seat of government government government govern govern- ment and shall begin on th the e second Monday in January A general session shall b be he e held during odd numbered d years and a budget session sessio n shall be held during even even- numbered years Legislation n not directly related to the th e state budget may be considered considered considered con con- by the Legislature e during bud budget et sessions only y if permitted by a joint resolution reso reso- lution passed by two thirds s of the members elected t to each house Sec See 3 The members o othe of f the House of Represents Representatives tives lives after the first election shall be chosen by the qualified flied voters of the respective representative districts on the first Tuesday after the first Monday Monday in November 1896 and bi there there- 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 senatorial sen- sen atonal districts at the same times and places as members of the House of Representatives tives and their term of office shall be four Cour years from the first day of January next after their election and as nearly one-half one as may be practicable shall be he elected in each biennium as the Legislature Legislature Legislature Leg Leg- shall determine by law with each apportion apportion- m ment nt Sec 5 No person shall he be eligible to the office of sen sen- senator senator ator or representative who a as of the last date provided by law jaw for Cor filin filing for the office offic is is as not a citizen of the United States twenty-five twenty years oCa of oC a ace e a qualified voter in the district from which he ic is chosen a resident for three years of the State and for six sax six months of the district from which he is elected eJected Sec 6 6 No person holding any public office of profit or trust under authority of the United States or or of of this State shall he be a member of the Le Legislature slature Provided That appointments in the State Militia n n d the office offices of notary public of the peace Unit United d States commissioner and postmaster ter of the fourth class shall shaH not within the meaning of this section be considered offices of profit or trust t. t Sec 7 No member of the Legislature during the term for which he was elected shall be appointed or elected to any uny 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 l 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 Legislature Legis Legis- lature for fifteen days next preceding each session andin and andin andin in returning and for words used in any speech or debate dehate 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 session ses ses- sion expenses of 15 per diem while actually in session session 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 11 A majority of the members of each house shall constitute a quorum to tran trin- transact 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 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 in incase incase incase case of executive sessions shall he be published and the yeas and nays on any question ques ques- question tion at the request of five members of such house shall he be entered upon the Sec 15 All sessions of th the Legislature except those of the Senate while sitting in executive session shall b bs be public and neither house without the consent of theother the theother theother other shall adjourn for more than three days nor to any other place than that in which it may he holding session session Sec 16 No general session session session ses ses- ses- ses sion of the Legislature shall exceed sixty calendar days except in cases of oC impeach impeach- ment No bud budget et session shall haIl 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- davs days except in cases of impeachment When any ses session ion of the Legislature trying cases of impeachment exceeds the number of calendar calendar calendar cal cal- days davs it may mav remain in session as provided in this thi section the members shall receive for compensation only the usual per ver diem ex expenses expenses ex- ex and milea mileage e. e Sec 17 The House of Representatives shall shaIl have the sole power of impeachment impeachment impeach impeach- ment but hut an in order to impeach impeach impeach im im- peach two thirds of all nIl the members elected must vote Sec 18 All impeachments shall he be tried by the Senate and Senators when sitting for or that purpose shall take oath or dr r make affirmation to do justice according tn to the law and the evidence Wh Whop Vho n the Governor is on trial the Chief Justice of the Supreme Court shall shaH preside No person person person per per- son shall 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 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 trial and punishment according to law Sec 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 office until he shall have been acquitted Sec 21 All AU 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 sep sep- parate p- p arate times in each house except in iii 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 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 aU bills shall be by yeas and nays entered upon the respective journals of the house in in which the vote oc oc- oc curs No bill or joint resolution resolution resolution reso reso- lution shall be passed except with the assent of the 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 in respect to or by which the taxes are imposed or measured by reference to tonny any provision of the laws of the United States as the same may be or become effective effective ef ef- ef- ef at any time or 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 following 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 I officially published and no 1 act shall t take effect until I sixty days after the adjournment adjourn- adjourn adjournment i ment of the session at which it passed unless the Legi Legislature Legis- Legis Legislature lature by a vote of two thirds of all the members elected to each house shall otherwise direct Sec 26 No private or special special special cial law luw shall be enacted where a general law can be he applicable Sec 27 The Le 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 cial commission private corporation corporation cor cor- or association any power Dower to make supervise or interfere with any municipal l improvement money property property prop prop- erty or effects whether held in trust or otherwise to levy taxes to select a capitol capital site or to perform any municipal ft functions Sec See 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 itc credit or subscribe to stock or bond bonds t in aid of any railroad tele tele- graph or other private individual individual individual indi indi- vidual or corporate enterprise 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 ency resulting resulting resulting re re- from disaster caused by enemy attack shall havethe havethe have 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 govern govern- mental op 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 officer so appointed to act or the measures so adopted 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 leg legislative sessions members of the Le Legislature Leg Leg- shall receive additional additional additional addi addi- per diem compensation compensation tion and milea mileage e at a rate not to exceed that provided in this Constitution for regular regular reg reg- regular reg- reg ular legislative sessions Sec 32 The Legislature may appoint temporary or permanent nonmember employees employees em em- employees for work during and between sessions including independent le legal al counsel which shall provide and control control control con con- 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 Legislature shall appoint a legislative auditor au au- au to serve at its pleasure The legislative auditor shall shan have authority to conduct audits of any funds functions functions and accounts in any branch deJ department agency or political subdivision of this thic state and |