MAJORITY REPORT.

Your committee on legislative, appointed to draft and present an article on that subject, to whom was referred:

File No. 33, introduced by Eichnor, of Salt Lake.

File No. 13, introduced by Eichnor, of Salt Lake.

File No. 14, introduced by Maloney, of Weber.

File No. 19, introduced by Hart, of Cache.

File No. 27, introduced by Evans of Weber.

File No. 28, introduced by Maloney, of Weber.

File No. 38, introduced by Ryan, of Juab.

File No. 39, introduced by Ryan, of Juab.

File No. 51, introduced by Eichnor, of Salt Lake.

File No. 55, introduced by Varian, of Salt Lake.

File No. 94, introduced by Thompson, of Millard.

File No. 100, introduced by Bowdle, of Salt Lake.

File No. 103, introduced by Strevell, of Weber.

File No. 115, introduced by Brandley, of Sevier.

File No. 122, introduced by Francis, of Morgan.

File No. 129, introduced by Kimball, of Salt Lake.

File No. 131, introduced by Bowdle, of Salt Lake.

File No. 138, introduced by Kiesel, of Weber.

File No. 146, introduced by Howard, of Emery.

File No. 154, introduced by Raleigh, of Salt Lake.

Respectfully report that we have carefully considered said propositions, and return the same herewith, together with the draft of an article upon the subject referred to us, and recommend its adoption as a substitute for said propositions.

VAN HORNE,

Chairman.

Members of the committee on legislative.

Distribution of Powers.

Sec. 1–The powers of the government of the state of Utah are divided into three distinct departments–the legislative, the executive, and the judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.

Legislative Department.

Sec. 1–The legislative power of this state shall be vested in a senate and house of representatives, which shall be designated “the legislature of the state of Utah.”

Sec. 2–Regular sessions of the legislature shall be held bi-ennially at the seat of government: and except the first session thereof shall commence on the second Monday in January next after the election of members of the house of representatives, but the governor may convene the legislature in special session by proclamation.

Sec. 3–The members of the house of representatives after the first election shall be chosen by the qualified electors of the respective representative districts on the first Tuesday after the first Monday in November, 1896, and biennially thereafter and 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 at the same times and places as members of the house of representatives by the qualified electors of the respective senatorial districts, and their term of office shall be for four years from the first day of January next after their election: provided, however, that the senators elect at the first session of the legislature, shall be divided by lot into two classes as nearly equal as may be, and seats of senators of the first class shall be vacated at the expiration of two years; those of the second class at the expiration of four years, so that one half as near as possible shall be chosen bi-ennially thereafter. In case of increases in the number of senators, they shall be annexed by lot to one or the other of the two classes so as to keep them as nearly equal as practicable.

Sec. 5–The first legislature shall consist of senators and representatives and shall be apportioned as provided for in this constitution. The number of senators and representatives may be increased by law from time to time, provided, the number of representatives shall never be less than twice that of the senators, and provided further, that the senators shall never exceed thirty in number.

Qualifications of Officers.

Sec. 6–No person shall be eligible to the office of senator who is not a citizen of the United States, twenty-five years of age, a qualified voter in the district from which he is chosen, a resident for three years of the state, and for one year of the district from which he is elected.

Sec. 7–No personal shall be eligible to the office of representative who is not a citizen of the United States, twenty-one years of age, a qualified voter in the district from which he is chosen, a resident for two years of the state, and for one year of the district from which he is elected.

Sec. 8–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.

Sec. 9–No member of the legislature shall, during the term for which he was elected, 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. 10–Members of the legislature shall, in all cases except treason or breach of the peace, be privileged from arrest fifteen days next preceding and during each session the legislature, and in returning from the same; and for words used in any speech or debate in either house, they shall not be question in any other place.

Oath of Legislators.

Sec. 11–Each member of the Legislature and officers thereof, before entering upon his official duties shall take and subscribe an oath or affirmation, that he will support the Constitution of the United States, and the Constitution of the state of Utah, and faithfully discharge the duties of his office to the best of his ability. Any member of the legislature who shall be convicted of having sworn or affirmed falsely in his official oath shall forfeit his office and be disqualified thereafter from holding the office of senator or representative or any office within the gift of the legislature.

The Question of Cash.

Sec. 13–The members of the legislature shall receive for their services the sum of $4 per day during the sessions of the legislature and 10 cents for every mile of necessary travel in going to and returning from the place of meeting on the most usual route, and they shall receive no other pay or perquisite.

Sec. 14–Each house shall be the judge of the election and qualification of its members and may punish them for disorderly conduct, and with the concurrence of two-thirds of all the members elected, expel a member for a cause.

Sec. 15–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 penalty as each house may prescribe.

Sec. 16–Each house shall determine the rules of its proceedings and choose its own officers and employees.

Sec. 17–The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature.

Sec. 18–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 shall, at the request of five members of such house be entered upon the journal.

Sec. 19–All sessions of the legislature shall be public, except the senate while sitting in executive session, and neither house shall, without the consent of the other adjourn for more than three days nor to any other place than that in which it may be holding session.

Length of Sessions.

Sec. 20–Each regular session of the legislature (except the first which may sit ninety days) shall not exceed sixty days, except in cases of impeachment. No special session shall exceed thirty days, and in such special session, or when a regular session of the legislature trying cases of impeachment exceeds sixty days, the members shall only receive for compensation the usual per diem and mileage.

Sec. 21–The house of representatives shall have the sole power of impeachment, two-thirds of all the members elected voting therefor.

Sec. 22–All impeachments shall 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 and the evidence. When the governor or lieutenant governor is on trial, the chief justice of the supreme court shall preside. No person shall be convicted-without the concurrence of two-thirds of the senators elected.

Impeachments.

Sec. 23–The governor and other state and judicial officers, except justices of the peace, shall be liable to impeachment for high crimes or 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.

Sec. 24–No person shall be tried on impeachment, unless he shall have been served with a copy thereof, at least ten days before the trial, and after such notice, he shall not exercise the duties of his office until he shall have been acquitted.

Sec. 25–All officers not liable to impeachment shall be removed for any for any of the offenses specified in this article in such manner as may be provided by law.

Passage of Laws.

Sec. 26–The enacting clause of every law shall be: “Be it enacted by the legislature of the state of Utah,” and no bill joint resolution shall be passed except with the assent of a majority of all of the members elected to each house of the legislature, and after it has been read three times; and the vote upon the final passage of all bills shall be by yeas and nays; and no law shall be revised or amended by reference to its title only: but the act as revised, or section as amended, shall be re-enacted and published at length.

Sec. 27–No bills shall be passed containing more than one subject which shall be clearly expressed in its title, except general appropriation bills, and bills for the codification and general revision of laws. But if any subject embraced in an act be not expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed.

Sec. 28–The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the legislature, after their titles have been publicly read immediately before signing, and the fact of such signing shall be entered upon the journal.

Sec. 29–Every bill passed by the legislature shall be presented to the governor. If he approves it he shall sign it, whereupon it shall become a law. If he does not approve it, he shall return it with his objections to the house in which it originated, which house shall cause such objections to be entered upon its journal, and proceed to reconsider the same. If after such reconsideration it again passes both houses, by a vote of two-thirds of the members elected to each house, it shall become a law notwithstanding the governor’s objections. If any bill shall not be returned within five days after it shall have been presented to the governor (Sunday excepted) exclusive of the day on which he received it, it shall become a law, without his signature, unless the legislature by its final adjournment prevent such return, in which case it shall not become a law unless the governor within five days after such adjournment shall file such bill with his approval in the office of the secretary of state.

Sec. 30–All acts shall be officially published, and no act shall take effect until so published nor until sixty days after the adjournment of the session at which it passed, unless the legislature shall, by vote of two-thirds of all the members elected to each house, otherwise direct.

Special Laws Prohibited.

Sec. 31–The legislature is prohibited from enacting any private or special laws in the following cases:

First–Granting divorce.

Second–Changing the names of persons or places, or constituting one person the heir at law of another.

Third–Locating or changing county seats.

Fourth–Regulating county and township affairs.

Fifth–Incorporating cities, towns or villages, or changing or amending the charter of any city, town or village .. laying out, opening, vacating or altering town plats, streets, wards, alleys or public grounds.

Sixth–Providing for sale or mortgage of real estate belonging to minors or others under disability.

Seventh–Authorizing persons to keep ferries across streams within the state.

Eighth–Remitting fines, penalties or forfeitures.

Ninth–Granting to an individual, association or corporation any irrevocable special or exclusive privilege, immunity or franchise whatever.

Tenth–Providing for the management of common schools.

Eleventh–Creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed.

But the legislature may repeal any existing special law relating to the foregoing subdivisions.

In all other cases where a general law can be applicable, no special law shall be enacted.

Cannot Release Debt.

Sec. 32–The legislature shall have no power to release or extinguish, in whole or in part, the indebtedness, liability or obligation of any corporation or person to this state or to any municipal corporation therein.

Sec. 33–The legislature shall not authorize any game of chance, lottery or gift enterprise, under any pretense or for any purpose whatever.

Sec. 34–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, or to levy taxes or to select a capital site, or to perform any municipal functions whatever.

Sec. 35–The legislature shall provide by law for an enumeration of the inhabitants of the state, in the year one thousand nine hundred and five, and at the end of every ten years thereafter; and at their first session after each such enumeration, the legislature shall apportion and district anew the members of the senate and house of representatives, according to the number of inhabitants, excluding Indians not taxed and soldiers and officers of the United States army and navy.

• Majority Report on Legislative [Report No. 9A] (introduced on 1895-03-26 00:00:00 - CREATE - e697203) [This document] [view current proposal at this moment]
  • None (introduced on 1895-03-26 00:00:00 - REPORT_PROPOSAL - e697207) [view current proposal at this moment]