Article VI, Utah Constitution
Utah Constitution |
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Article VI of the Utah Constitution is entitled Legislative Department and consists of 32 sections.
Section 1
Text of Section 1:
Power vested in Senate, House, and People.
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Section 2
Text of Section 2:
Time and location of annual general sessions -- Location of sessions convened by the Governor or Legislature -- Sessions convened by the Legislature. (1) Annual general sessions of the Legislature shall be held at the seat of government and shall begin on the day in January designated by statute. (2) A session convened by the Legislature under Subsection (3) shall be held at the seat of government, unless convening at the seat of government is not feasible due to epidemic, natural or human-caused disaster, enemy attack, or other public catastrophe. (3) (a) The President of the Senate and Speaker of the House of Representatives shall by joint proclamation convene the Legislature into session if a poll conducted by the President and Speaker of their respective houses indicates that two-thirds of all members elected to each house:
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Amendments
- Amended via voter approval of Utah Constitutional Amendment C, Changes Related to Special Legislative Sessions and State Revenue Measure (2018) on November 6, 2018.
- Amended via voter approval of Amendment F on November 3, 2020.
Section 3
Text of Section 3:
Election of House members -- Terms.
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Section 4
Text of Section 4:
Election of Senators -- Terms.
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Section 5
Text of Section 5:
Who is eligible as a legislator.
(a) at the time of election or appointment:
(b) a resident of the state for three consecutive years immediately prior to:
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Amendments
- Amended by Amendment B of 2020.
Section 6
Text of Section 6:
Who ineligible as legislator. No person holding any public office of profit or trust under authority of the United States, or of this State, shall be a member of the Legislature: Provided That appointments in the State Militia, and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not, within the meaning of this section, be considered offices of profit or trust.[1] |
Section 7
Text of Section 7:
Ineligibility of legislator to office created at term for which elected. No member of the Legislature, during the term for which the member 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 the member was elected.[1] |
Amendments
- Amended by Amendment A of 2020, which was designed to remove gendered language in the Utah Constitution and replace it with gender-neutral language.
Section 8
Text of Section 8:
Legislator, privilege from arrest. Members of the Legislature, in all cases except treason, felony or breach of the peace, shall be privileged from arrest during each session of the Legislature, for fifteen days next preceding each session, and in returning therefrom; and for words used in any speech or debate in either house, they shall not be questioned in any other place.[1] |
Section 9
Text of Section 9:
Compensation of legislators -- Citizens' salary commission. The Legislature shall not increase the salaries of its members on its own initiative, but shall provide by law for the appointment by the Governor of a citizens' salary commission to make recommendations concerning the salaries of members of the Legislature. Upon submission of the commission's recommendations, the Legislature shall by law accept, reject or lower the salary but may not, in any event, increase the recommendation. The Legislature shall provide by law for the expenses of its members. Until salaries and expenses enacted as authorized by this section become effective, members of the Legislature shall receive compensation of $25 per diem while actually in session, expenses of $15 per diem while actually in session, and mileage as provided by law.[1] |
Section 10
Text of Section 10:
Each house to be judge of election and qualifications of its members -- Expulsion -- Legislative ethics commission.
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Section 11
Text of Section 11:
Majority is quorum -- Attendance compelled. A majority of the members of each house shall constitute a quorum to 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.[1] |
Section 12
Text of Section 12:
Rules -- Choosing officers and employees. Each house shall determine the rules of its proceedings and choose its own officers and employees.[1] |
Section 13
Text of Section 13:
Vacancies to be filled. Vacancies that may occur in either house of the legislature shall be filled in such manner as may be provided by law.[1] |
Section 14
Text of Section 14:
Journals -- Yeas and nays. Each house shall keep a journal of its proceedings, which, except in case of executive sessions, shall be published, and the yeas and nays on any question, at the request of five members of such house, shall be entered upon the journal.[1] |
Section 15
Text of Section 15:
Sessions to be public -- Adjournments. 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 other, shall adjourn for more than three days, nor to any other place than that in which it may be holding session.[1] |
Section 16
Text of Section 16:
Duration of Sessions Except in cases of impeachment:
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Amendments
- Amended via voter approval of Utah Constitutional Amendment C, Changes Related to Special Legislative Sessions and State Revenue Measure (2018) on November 6, 2018.
- Amended via voter approval of Amendment F on November 3, 2020.
Section 17
Text of Section 17:
Impeachment by House
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Section 18
Text of Section 18:
Trial of impeachment by Senate.
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Section 19
Text of Section 19:
Officers liable for impeachment -- Judgment -- Prosecution by law. The Governor and other State and Judicial officers shall be liable to impeachment for high crimes, misdemeanors, or malfeasance 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.[1] |
Section 20
Text of Section 20:
Service of articles of impeachment. No person shall be tried on impeachment, unless the person shall have been served with a copy of the articles thereof, at least ten days before the trial, and after such service the person shall not exercise the duties of office until acquitted.[1] |
Amendments
- Amended by Amendment A of 2020, which was designed to remove gendered language in the Utah Constitution and replace it with gender-neutral language.
Section 21
Text of Section 21:
Removal of officers. 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.[1] |
Section 22
Text of Section 22:
Reading of bills -- Bill to contain only one subject -- Bills passed by majority. Every bill shall be read by title three separate times in each house except in cases where 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 more than one subject, which shall be clearly expressed in its title. The vote upon the final passage of all bills shall be by yeas and nays and entered upon the respective journals of the house in which the vote occurs. No bill or joint resolution shall be passed except with the assent of the majority of all the members elected to each house of the Legislature.[1] |
Section 24
Text of Section 24:
Presiding officers to sign bills. The presiding officer of each house, not later than five days following adjournment, shall sign all bills and joint resolutions passed by the Legislature, certifying to their accuracy and authenticity as enacted by the Legislature.[1] |
Section 25
Text of Section 25:
Publication of acts -- Effective dates of acts. All acts shall be officially published, and no act shall take effect until sixty days after the adjournment of the session at which it passed, unless the Legislature by a vote of two-thirds of all the members elected to each house, shall otherwise direct.[1] |
Section 26
Text of Section 26:
Private laws forbidden. No private or special law shall be enacted where a general law can be applicable.[1] |
Section 27
Text of Section 27:
Games of chance not authorized. The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose.[1] |
Section 28
Text of Section 28:
Special privileges forbidden. The Legislature shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, to levy taxes, to select a capitol site, or to perform any municipal functions.[1] |
Section 29
Text of Section 29:
Lending public credit and subscribing to stock or bonds forbidden -- Exception.
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Section 30
Text of Section 30:
Continuity in government.
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Section 31
Text of Section 31:
Additional compensation of legislators. For attendance at meetings of interim committees established by law to function between legislative sessions, members of the Legislature shall receive additional per diem compensation and mileage at a rate not to exceed that provided in this Constitution for regular legislative sessions.[1] |
Section 32
Text of Section 32:
Appointment of additional employees -- Legal counsel.
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Section 33
Text of Section 33:
Legislative auditor appointed. The Legislature shall appoint a legislative auditor to serve at its pleasure. The legislative auditor shall have authority to conduct audits of any funds, 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 the Legislature. The legislative auditor shall report to and be answerable only to the Legislature.[1] |
Amendments
- Amended by Amendment A of 2020, which was designed to remove gendered language in the Utah Constitution and replace it with gender-neutral language.
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- Utah.gov, "Utah Constitution"
- Utah Valley University, "Center for Constitutional Studies"
- Researching the Utah State archives, "Utah State Constitution Online"
- Mountain West Digital Library, "Collection: Utah Statehood Constitutional Convention (1895) Records"
- Paul Wake, Fundamental Principles, Individual Rights, and Free Government: Do Utahns Remember How to Be Free?
- Paul Wake, Fundamental Principles, Individual Rights, and Free Government: Do Utahns Remember How to Be Free?
Additional reading
- White, Jean Bickmore. (2011). The Utah State Constitution, New York, New York: Oxford University Press
- White, Jean Bickmore. (1998). Utah State Constitution: A Reference Guide, Westport, Connecticut: Greenwood Publishing
- White, Jean Bickmore. (1996). Charter for Statehood: The Story of Utah's State Constitution, Salt Lake City, Utah: University of Utah
Footnotes
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