Delegates of the Constitutional Convention of the Territory of Utah, in convention assembled, do propose as follows:

Section 1: The Legislative power shall be vested in a senate and house of representatives, which shall be called “The legislature of the State of Utah.”

Section 2: The legislature, until otherwise provided by law, shall consist of twenty-four members of the senate, and forty-nine members of the house of representatives.

The number of senators shall never exceed thirty-four and the house of representatives shall not exceed seventy members. The senators and representatives shall be chosen by the electors of the respective Counties or Districts into which the State may from time to time be divided by law. Each County shall have at least one member of the house of representatives.

Section 3: Senators shall be elected for the term of four years and representatives for the term of twos.

Section 4: Senators shall be at least twenty-five years of age and representatives twenty-one years of age. They shall have been citizens of the United States and inhabitants of the State three years and inhabitants of their respective districts one year next prior to their election.

Section 5: Members of the Legislature shall be elected in the year eighteen hundred and ninety-five at the time and in the manner provided by this constitution, and thereafter, members of the Legislature shall be elected biennially, except as provided in this article.

Section 6: The next election of members of the Legislature shall be on the first Tuesday after the first Monday of November, eighteen hundred and ninety-seven.

Section 7: The senators shall be elected by single districts of compact and contiguous territory and no representative district shall be divided in the formation of a senatorial district. They shall be elected in such a manner that one-half of their number shall retire every two years. The senatorial districts shall be numbered consecutively and the senators chosen at the first election had by virtue of this constitution, in odd numbered districts shall go out of office at the end of the second ear; and the senators elected in the even numbered districts, shall go out of office at the end of the fourth year.

Section 8. The first legislature shall meet on the __________________after the __________ in ___________________1895. The second legislature shall meet on the ____________after the first Monday in January, 189_, and the regular sessions of the Legislature shall be held biennially thereafter. No sessions of the Legislature, after the first, shall exceed sixty days.

Section 9: Each house shall be the judge of the election, returns, and qualification of its own members and a majority of the each house shall constitute a quorum to do 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.

Section 10: Each house may determine the rules of its own proceedings, punish for contempt and disorderly behavior, and, with the concurrence of two-thirds of all the members elected, expel a member.

Section 11: Each house shall elect its own officers; and when the Lieutenant Governor shall not attend, as president, or shall not as Governor, the president pro tempore of the senate shall preside.

Section 12: Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they bay be sitting.

Section 13: Each house shall keep a journal of its proceedings and from time to time publish the same, except such parts as may require secrecy. The yeas and nays of the members of either house, on any question, shall, at the request of any five member present, be entered on the journal.

Section 14: The doors of each house shall be kept open, except when the public welfare shall require secrecy.

Section 15: The enacting clause of every law shall be: “Be it enacted by the Legislature of the State of Utah.”

Section 16: Any bill may originate in either house of the Legislature, and a bill passed by one house may be amended or rejected by the other.

Section 17: no bill shall be considered or become a law unless the same be referred to a committee, returned therefrom, and printed for the use of the members.

Section 18: No bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal of each house and a majority of the members elected to each house be recorded thereon as voting in its favor.

Section 19: 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, immediately after their titles have been publicly read and the fact of signing shall be entered at once upon the journal.

Section 20: The members of the Legislature shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during attendance at the sessions of their respective houses, and in going and returning from the same. They shall not be subject to any civil process during the sessions of the Legislature, nor for fifteen days next before the commencement of each session. For any speech or debate in either house, they shall not be questioned in any other place.

Section 21: No senator or representative shall, during the term for which he was elected, be appointed to any civil office under the State, and no member of Congress or other person holding an office, (except a local office, notary public, or an office in the militia), under the United States of this State, shall be a member of either house during his continuance in such office.

Section 22: The seat of a member of either house shall be vacated on his permanent change of residence from the district or country from which he was elected.

Section 23: A member who has a personal or private interest in any measure or bill proposed or pending before the Legislature, shall disclose the fact to the house of which he is a member, and shall not vote thereon.

Section 24: When vacancies occur in either house, the Governor shall issue writs of elections to fill such vacancies.

Each member of the Legislature shall receive for his services four dollars for each days attendance during the session and ten cents for each mile traveled in going to and returning from the seat of government to his residence by the usual traveled route.

Section 25: In all elections by the Legislature, the members thereof shall vote…, and the vote shall be entered on the journal.

Section 26: No power to suspend laws shall be exercised, except by the Legislature.

Section 27: No act of the Legislature shall limit the amount to be recovered for injuries resulting in death, or for injuries to person or property.

Section 28: The Legislature shall not authorize any lottery or gift enterprise.

Section 29: The Legislature shall never pass any law authorizing suits to be brought against the State.

Section: The Legislature shall not pass local or special laws in any of the following enumerated cases, that is to say:

1: Regulating the jurisdiction and duties of justices of the peace, police magistrates, and of constables.

2: For the punishment of crimes and misdemeanors.

3: Regulating the practice of courts of justice.

4: Providing for changes of venue in civil or criminal cases.

5: Summoning and impaneling grand and petit juries and providing for their compensation.

6: Granting divorces.

7: Changing the names of person or places.

8: Restoring to citizenship persons convicted of infamous crimes.

9: Authorizing the adoption or legitimation of children.

10: Declaring any person of age, or authorizing any minor to sell, lease, or encumber his or her property.

11: Affecting estates of deceased persons, minors, or other persons under legal disabilities.

12: Giving effect to invalid deeds, wills, or other instruments.

13: Changing the law of descent or succession.

14: Authorizing the laying out, opening, altering, maintaining, or vacating roads, highways, streets alleys, town plats, parks, cemeteries, graveyards, or public grounds, not owned by the State.

15: Providing for conducting elections, or designating places of voting, except on the organization of new counties.

16: Regulating county and precinct business or the election of county and precinct officers.

17: Creating offices or prescribing the powers and duties of officers in counties, cities, precinct, election, or school districts.

18: Legalizing, except as against the State, the unauthorized or invalid act of any officer.

19: Affecting the fees or salary of any officer.

20: For limitation of civil or criminal actions.

21: Remitting fines, penalties, or forfeitures.

22: Refunding money legally paid into the State Treasury.

23: For the assessment or collection of taxes.

24: Exempting property from taxation.

25: Extending the time for the collection of taxes.

26: Regulating the rate of interest on money.

27: Authorizing the creation, extension, or impairment of liens.

28: Chartering or licensing ferries, bridges, or roads.

29: For the protection of fish or game.

30: Locating or changing county seats.

31: Providing for the management of common schools.

32: Granting to any corporation, association, or individual any special or exclusive right, privilege, or immunity.

33. Rel… or extinguishing in whole or in part the indebtedness, liability, or obligation of any corporation or……

34: In all other cases where a general law can be made applicable.

Section 31: The Legislature shall by law provide for the working of convicts for the benefit of the State. The labor of convicts shall not be let out by contract to any person, copartnership, or corporation.

Section 32: Neither the Legislature, nor any county, city, precinct, school district ,or other municipal corporation shall over make an appropriation or pay from any public fund whatever or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the State or any county, city, precinct, school district, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

Section 33 (California): The Legislature shall have of power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city, precinct, or other political corporation or sub-division of the State, in aid of or to any person, association, or corporation, whether municipal or otherwise, or pledge the credit thereof in any manner whatever, for the payment of liabilities of any individual, association, municipal or other corporation, whatever; nor shall it have power to make any gift, or authorize the making of any gift, of any public money or thing of value, to any individual, municipal, or other corporation, whatever.

Section 34: The Legislature shall have no power to grant, or authorize any county or municipality to grant, any extra compensation or allowance to any public officer, agent, servant, or contractor, after service has been rendered, or a contract made, or to pay, or to authorize the payment of any claim created against the State, or any county or municipality thereof, under any agreement or contract made without express authority of law; provided that the Legislature may make appropriations for expenditures incurred in suppressing insurrection or repelling invasion.

Section 35: The Legislature may increase or diminish the compensation of all public officers, but no such increase or diminution shall affect the salaries of officers during their term of office.

Section 36: No law shall be revised or amended, or the provisions thereof extended by reference to its title only, but so much thereof as is revised, amended, or extended shall be re-enacted and published at length.

Section 37: No bill shall be introduced into either house of Legislature during the last ten days of the session, unless the Legislature shall otherwise direct by a vote of two-thirds of all the members elected to each house.

Section 38: No bill, except general appropriation bills, and bills for the codification and general revision of laws, shall be passed, containing more than one subject, which shall clearly be expressed in its title. But if any subject be embraced in an act which shall not be pressed in the title, such act shall be void only as to so much thereof as shall not be so expressed.

Section 39: The general appropriation bills shall embrace nothing but appropriations for the ordinary expenses of the legislative, executive, and judicial departments, interest on the public debt, and for public schools.

All other appropriations shall be made by separate bills, each embracing but one subject.

Section 40: No law passed after the first day of January, 1897, except appropriation bills, shall take effect until sixty days after the adjournment of the session at which it was enacted, unless in case of an emergency, (which emergency must be declared in the preamble or in the body of the act), the Legislature shall otherwise direct, by a vote of two-thirds of all the members elected to each house; said vote to be taken by the yeas and nays and entered of the journal.

• Proposition Relative to Providing for a Legislative Department [File No. 51] (introduced on 1895-03-15 10:00:00 - CREATE_FROM - e697191) [This document]

• Proposition Relative to Providing for a Legislative Department [File No. 51] (introduced on 1895-03-15 10:00:00 - CREATE_FROM - e697191) [This document] [view current proposal at this moment]