Text File

Utah State Constitution

Utah Constitutional Revision Commission, 1991

Preamble

Grateful to Almighty God for life and liberty, we, the people of Utah, in order to secure and perpetuate the principle of free government, do ordain and establish this CONSTITUTION.

ARTICLE I. DECLARATION OF RIGHTS

Sec. 1. [Inherent and Inalienable Rights.]

All men have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; to worship according to the dictates of their consciences; to assemble peaceably, protest against wrongs, and petition for redress of grievances; to communicate freely their thoughts and opinions, being responsible for the abuse of that right. 1896

Sec. 2. [All political power inherent in the people.]

All political power is inherent in the people; and all free governments are founded on their authority for their equal protection and benefit, and they have the right to alter or reform their government as the public welfare may require. 1896

Sec. 3. [Utah inseparable from the Union.]

The State of Utah is an inseparable part of the Federal Union and the Constitution of the United States is the supreme law of the land. 1896

Sec. 4. [Religious liberty -- No property qualification to vote or hold office.]

The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for any office of public trust or for any vote at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of Church and State, nor shall any church dominate the State or interfere with its functions. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment. No property qualification shall be required of any person to vote, or hold office, except as provided in this Constitution. 1896

Sec. 5. [Habeus corpus.]

The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it. 1896

Sec. 6. [Right to bear arms.]

The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms. January 1, 1985

Sec. 7. [Due process of law.]

No person shall be deprived of life, liberty or property, without due process of law. 1896

Sec. 8. [Offenses bailable.]

(1) All persons charged with a crime shall be bailable except: (a) persons charged with a capital offense when there is substantial evidence to support the charge; or (b) persons charged with a felony while on probation or parole, or while free on bail awaiting trial on a previous felony charge, when there is substantial evidence to support the new felony charge; or (c) persons charged with any other crime, designated by statute as one for which bail may be denied, if there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the person would constitute a substantial danger to any other person or to the community or is likely to flee the jurisdiction of the court if released on bail. (2) Persons convicted of a crime are bailable pending appeal only as prescribed by law. January 1, 1973 January 1, 1989

Sec. 9. [Excessive bail and fines -- Cruel punishments.]

Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor. 1896

Sec. 10. [Trial by jury.]

In capital cases the right of trial by jury shall remain inviolate. In courts of general jurisdiction, except in capital cases, a jury shall consist of eight jurors. In courts of inferior jurisdiction a jury shall consisting of four jurors. In criminal cases the verdict shall be unanimous. In civil cases three-fourths of the jurors may find a verdict. A jury in civil cases shall be waived unless demanded. 1896

Sec. 11. [Courts open -- Redress of injuries.]

All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, which shall be administered without denial or unnecessary delay; and no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party. 1896

Sec. 12. [Rights of accused persons.]

In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases. In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself; a wife shall not be compelled to testify against her husband, nor a husband against his wife, nor shall any person be twice put in jeopardy for the same offense. 1896

Sec. 13. [Prosecution by information or indictment -- Grand jury.]

Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information after examination and commitment by a magistrate, unless the examination be waived by the accused with the consent of the State, or by indictment, with or without such examination and commitment. The formation of the grand jury and the powers and duties thereof shall be as prescribed by the Legislature. January 1, 1949

Sec. 14. [Unreasonable searches forbidden -- Issuance of warrant.]

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause supported by oath or affirmation, particularly describing the place to be searched, and the person or thing to be seized. 1896

Sec. 15. [Freedom of speech and of the press -- Libel.]

No law shall be passed to abridge or restrain the freedom of speech or of the press. In all criminal prosecutions for libel the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. 1896

Sec. 16. [No imprisonment for debt -- Exception.]

There shall be no imprisonment for debt except in cases of absconding debtors. 1896

Sec. 17. [Elections to be free -- Soldiers voting.]

All elections shall be free, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. Soldiers, in time of war, may vote at their post of duty, in or out of the State, under regulations to be prescribed by law. 1896

Sec. 18. [Attainder -- Ex post facto laws -- Impairing contracts.]

No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed. 1896

Sec. 19. [Treason defined -- Proof.]

Treason against the State shall consist only in levying war against it, or in adhering to its enemies or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act. 1896

Sec. 20. [Military subordinate to the civil power.]

The military shall be in strict subordination to the civil power, and no soldier in time of peace, shall be quartered in any house without the consent of the owner, nor in time of war except in a manner to be prescribed by law. 1896

Sec. 21. [Slavery forbidden.]

Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State. 1896

Sec. 22. [Private property for public use.]

Private property shall not be taken or damaged for public use without just compensation. 1896

Sec. 23. [Irrevocable franchises forbidden.]

No law shall be passed granting irrevocably any franchise, privilege or immunity. 1896

Sec. 24. [Uniform operation of laws.]

All laws of a general nature shall have uniform operation. 1896

Sec. 25. [Rights retained by people.]

This enumeration of rights shall not be construed to impair or deny others retained by the people. 1896

Sec. 26. [Provisions mandatory and prohibitory.]

The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. 1896

Sec. 27. [Fundamental rights.]

Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government. 1896

ARTICLE II. STATE BOUNDARIES

Sec. 1. [State boundaries.]

The boundaries of The State of Utah shall be as follows: Beginning at a point formed by the intersection of the thirty-second degree of longitude west from Washington, with the thirty-seventh degree of north latitude; thence due west along said thirty-seventh degree of north latitude to the intersection of the same with the thirty-seventh degree of longitude west from Washington; thence due north along said thirty-seventh degree of west longitude to the intersection of the same with the forty-second degree of north latitude; thence due east along said forty-second degree of north latitude to the intersection of the same with the thirty fourth degree of longitude west from Washington; thence due south along said thirty-fourth degree of west longitude to the intersection of the same with the forty-first degree of north latitude; thence due east along said forty-first degree of north latitude to the intersection of the same with the thirty-second degree of longitude west from Washington; thence due south along said thirty-second degree of west longitude to the place of beginning. 1896

ARTICLE III. ORDINANCE

The following ordinance shall be irrevocable without the consent of the United States and the people of this State:

[Religious toleration -- Polygamy forbidden.]

First: -Perfect toleration of religious sentiment is guaranteed. No inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship; but polygamous or plural marriages are forever prohibited. 1896

[Right to public domain disclaimed -- Taxation of lands -- Exemption.]

Second: -The people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United Slates. The lands belonging to citizens of the United States, residing without this State shall never be taxed at a higher rate than the lands belonging to residents of this State; but nothing in this ordinance shall preclude this state from taxing, as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States or from any person, by patent or other grant, a title thereto, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress, containing a provision exempting the lands thus granted from taxation, which last mentioned lands shall be exempt from taxation so long, and to such extent, as is or may be provided in the act of Congress granting the same. January 1, 1947

[Territorial debts assumed.]

Third: -All debts and liabilities of the Territory of Utah, incurred by authority of the Legislative Assembly thereof, are hereby assumed and shall be paid by this State. 1896

[Free nonsectarian schools.]

Fourth: -The Legislature shall make laws for the establishment and maintenance of a system of public schools, which shall be open to all the children of the State and be free from sectarian control. 1896

ARTICLE IV. ELECTIONS AND RIGHT OF SUFFRAGE

Sec. 1. [Equal political rights.]

The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy equally all civil, political and religious rights and privileges. 1896

Sec. 2. [Qualifications to vote.]

Every citizen of the United States, eighteen years of age or over, who makes proper proof of residence in this state for thirty days next preceding any election, or for such other period as required by law, shall be entitled to vote in the election. January 1, 1971 January 1, 1977

Sec. 3. [Voters -- Immunity from arrest.]

In all cases except those of treason, felony or breach of the peace, voters shall be privileged from arrest on the days of election, during their attendance at elections, and going to and returning therefrom. January 1, 1977

Sec. 4. [Voters -- Immunity from militia duty.]

No voter shall be obliged to perform militia duty on the day of election except in time of war or public danger. January 1, 1977

Sec. 5. [Voters to be citizens of United States.]

No person shall be deemed a qualified voter of this State unless such person be a citizen of the United States. January 1, 1977

Sec. 6. [Mentally incompetent persons and certain criminals ineligible to vote.]

No mentally incompetent person or person convicted of treason, or crime against the elective franchise, unless restored to civil rights, shall be permitted to vote at any election, or be eligible to hold office in this State. January 1, 1977

Sec. 7. [Property qualification forbidden.]

No property qualification shall be required for any person to vote or hold office. January 1, 1977

Sec. 8. [Ballot to be secret.]

All elections shall be by secret ballot. Nothing in this section shall be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election: Provided, That secrecy in voting be preserved. 1896

Sec. 9. [Elections, when held -- Terms, when begin.]

All general elections, except for municipal and school officers, shall be held on the Tuesday next following the first Monday in November of the year in which the election is held. Special elections may be held as provided by law. The terms of all officers elected at any general election, shall commence on the first Monday in January next following the date of their election. Municipal and School officers shall be elected at such time as may be provided by law. 1896

Sec. 10. [Oath of office.]

All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity." 1896

ARTICLE V. DISTRIBUTION OF POWERS

Sec. 1. [Three departments of government.]

The powers of the government of the State of Utah shall be 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. 1896

ARTICLE VI. LEGISLATIVE DEPARTMENT

Sec. 1. [Power vested in Senate, House and People.]

The Legislative power of the State shall be vested: 1. In a Senate and House of Representatives which shall be designated the Legislature 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 and within such time as may be provided by law, may initiate any desired legislation and cause the same to be submitted to a vote of the people for approval or rejection, or may require any law passed by the Legislature (except those laws passed by a two-thirds vote of the members elected to each house of the Legislature) to be submitted to the voters of the State before such law shall take effect. The legal voters or such fractional part thereof as may be provided by law, of any legal subdivision of the State, under such conditions and in such manner and within such time as may be provided by law, may initiate any desired legislation and cause the same to be submitted to a vote of the people of said legal subdivision for approval or rejection, or may require any law or ordinance passed by the lawmaking body of said legal subdivision to be submitted to the voters thereof before such law or ordinance shall take effect. November 6, 1900

Sec. 2. [Time of sessions.]

Annual general sessions of the legislature shall be held at the seat of government and shall begin on the second Monday in January. January 1, 1969 January 1, 1985

Sec. 3. [Members of House, how and when chosen.]

The members of the House of Representatives, after the first election, shall be chosen by the qualified voters of the respective representative districts, on the first Tuesday after the first Monday in November, 1896 and biennially thereafter. Their term of office shall be two years, from the first day of January next after their election. November 7, 1972

Sec. 4. [Senators, how and when chosen.]

The senators shall be chosen by the qualified voters of the respective senatorial districts, at the same times and places as members of the House of Representatives, and their term of office shall be four years from the first day of January next after their election and as nearly one-half as may be practicable shall be elected in each biennium as the Legislature shall determine by law with each apportionment. November 7, 1972

Sec. 5. [Who eligible as legislator.]

No person shall be eligible to the office of senator or representative who as of the last date provided by law for filing for the office 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 six months of the district from which he is elected. No person elected to the office of senator or representative shall continue to serve in that office after ceasing to be a resident of the district from which elected. November 7, 1972 January 1, 1983

Sec. 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. 1896

Sec. 7. [Ineligibility of member to office created at term for which elected.]

No member of the Legislature, during 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. 1896

Sec. 8. [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. 1896

Sec. 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. January 1, 1975 January 1, 1951 January 1, 1969 January 1, 1983

Sec. 10. [Each house to be judge of election, and qualifications of its members -- Expulsion.]

Each house shall be the judge of the election and qualifications 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 cause. 1896

Sec. 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. 1896

Sec. 12. [Rules -- Choosing officers and employees.]

Each house shall determine the rules of its proceedings and choose its own officers and employees. 1896

Sec. 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. November 4, 1930

Sec. 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. 1896

Sec. 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. 1896

Sec. 16. [Duration of sessions.]

No annual general session of the legislature shall exceed 45 calendar days, except in cases of impeachment. No special session shall exceed 30 calendar days, except in cases of impeachment. When any session of the legislature trying cases of impeachment exceeds the number of days it may remain in session as provided in this section, the members shall receive compensation only for expenses and mileage for those days in excess of 30. January 1, 1969 January 1, 1985

Sec. 17. [Impeachment by House.]

The House of Representatives shall have the sole power of impeachment, but in order to impeach, two-thirds of all the members elected must vote therefor. 1896

Sec. 18. [Trial of impeachment by Senate.]

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 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. 1896

Sec. 19. [Officers liable for impeachment -- Judgment -- Prosecution by law.]

The Governor and other State and Judicial officers, except justices of the peace, 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. 1896

Sec. 20. [Service of articles of impeachment.]

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. 1896

Sec. 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. 1896

Sec. 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 November 6, 1900 November 7, 1972

Sec. 23. [Bill to contain only one subject.] Transferred to Sec. 22, January 1, 1983

Sec. 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. November 7, 1972

Sec. 25. [Publication of accounts -- 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 members elected to each house, shall otherwise direct. November 7, 1972

Sec. 26. [Private laws forbidden.]

No private or special law shall be enacted where a general law can be applicable. November 7, 1972

Sec. 27. [Lotteries not authorized.]

The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose. November 7, 1972

Sec. 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. November 7, 1972

Sec. 29. [Lending public credit forbidden.]

The Legislature shall not authorize the State, or any county, city, town, township, district or other political subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate enterprise or undertaking. November 7, 1972

Sec. 30. [Continuity in government.]

(1) Notwithstanding any general or special provisions of the Constitution, in order to insure continuity of state and local government operations when such operations are seriously disrupted as a result of natural or man-made disaster or disaster caused by enemy attack, the Legislature may: (a) provide for prompt and temporary succession to the powers and duties of any elected or appointed public office, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and (b) adopt measures necessary and proper for insuring the continuity of governmental operations including, but not limited to, the financing thereof. (2) Subsection (1) does not permit these temporary public officers to act or these temporary measures to be contrary to the Constitution and applicable law. November 7, 1972 January 1, 1991

Sec. 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. November 7, 1972

Sec. 32. [Appointment of additional employees.]

The Legislature may appoint temporary or permanent nonmember employees for work during and between sessions, including independent legal counsel which shall provide and control all legal services for the Legislature except as the Legislature by law shall authorize performance thereof by the attorney general. November 7, 1972

Sec. 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. He shall report to and be answerable only to the Legislature. November 7, 1972

ARTICLE VII. EXECUTIVE DEPARTMENT

Sec. 1. [Executive department -- Terms, residence, and duties of officers.]

The elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor, State Auditor, State Treasurer, and Attorney General, each of whom shall hold office for four years, beginning on the first Monday of January next after election. The officers of the Executive Department, during their terms of office, shall reside within the State and shall keep the public records, books and papers as provided by law. They shall perform such duties as are proscribed by this Constitution and as provided by law. January 1, 1981

Sec. 2. [Election -- Tie, Legislature to elect -- Governor and Lieutenant Governor elected jointly.]

The officers provided for in Sec. 1 of this article shall be elected by the qualified voters of the State at the time and place of voting for members of the Legislature, and the persons respectively having the highest number of votes cast for the office voted for shall be elected; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature, at its next session, shall elect forthwith by joint ballot one of such persons for said office. In the election, the names of the candidates for Governor and Lieutenant Governor for each political party shall appear together on the ballot, and the votes cast for a candidate for Governor shall be considered as also cast for the candidate for Lieutenant Governor. January 1, 1981

Sec. 3. [Qualifications of Governor, Lieutenant Governor, Attorney General and other executive offices.]

To be eligible for the office of Governor or Lieutenant Governor a person shall have attained the age of thirty years at the time of election. To be eligible for the office of Attorney General a person shall, at the time of election, have attained the age of twenty-five years, be admitted to practice before the Supreme Court of the State of Utah and be in good standing at the bar. No person shall be eligible to any of the offices provided for in Sec. 1 of this article, unless at the time of election that person is a qualified voter and shall have been a resident citizen of the State for five years next preceding election. January 1, 1981

Sec. 4. [Governor commander-in-chief.]

The Governor shall be Commander-in-Chief of the military forces of the State, except when they shall be called into the service of the United States. The Governor shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. January 1, 1981

Sec. 5. [Executive power vested in Governor -- Duties.]

The executive power of the State shall be vested in the Governor, who shall see that the laws are faithfully executed. The Governor shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the Legislature is not in session, may, if deemed necessary, appoint a committee to investigate and report to the Governor upon the condition of any executive office or State Institution. The Governor shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as may be deemed expedient. January 1, 1981

Sec. 6. [Convening of extra sessions of legislature.]

On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business except that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the Senate in extraordinary session for the transaction of executive business. 1896

Sec. 7. [Adjournment of Legislature by Governor.]

In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as the Governor may think proper if it is not beyond the time fixed for the convening of the next Legislature. January 1, 1981

Sec. 8. [Bills presented to Governor -- Veto -- Appropriation bills -- Reconvening of Legislature to consider vetoed bills.]

Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if approved, the Governor shall sign it, and thereupon it shall become a law; but if disapproved, the bill shall be resumed with the Governor's objections to the house in which it originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If upon reconsideration the bill again passes both houses by a yea and nay vote of two-thirds of the members elected to each house, it shall become a law. If any bill is not returned by the Governor within ten days after it has been presented to the Governor, Sunday and the day it was received excepted, it shall become a law without a signature; but if legislative adjournment prevents return of the bill, it shall become a law unless the Governor within twenty days after adjournment files the objections thereto with such officers as provided by law. The Governor may disapprove any item of appropriation contained in any bill while approving other portions of the bill; and in such case the Governor shall append to the bill at the time of signing it a statement of the item or items which are disapproved, together with the reasons therefor, and such item or items shall not take effect unless passed over the Governor's objections as provided in this section. If the Governor disapproves any bill or item of appropriation after the adjournment sine die of any session of the Legislature, the presiding officer of each house shall poll the members of that house on the matter of reconvening the Legislature. If two-thirds of the members of each house are in favor of reconvening, the Legislature shall be convened in a session not to exceed five calendar days and at a time set jointly by the presiding officer of each house, solely for the purpose of reconsidering the bill or item of appropriation disapproved. If upon reconsideration, the bill or item of appropriation again passes both houses of the Legislature by a yea and nay vote of two-thirds of the members elected to each house, the bill shall become law or the item of appropriation shall take effect. January 1, 1981

Sec. 9. [Governor may fill certain vacancies.]

When any State or district office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill the same by granting a commission, which shall expire at the next election, and upon qualification of the person elected to such office. 1896

Sec. 10. [Governor's appointive power -- Vacancies.]

The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy occurs in any State or district office, the Governor shall appoint some qualified person to discharge the duties thereof until the next meeting of the Senate, when the Governor shall nominate some person to fill such office. If the office of Lieutenant Governor, State Auditor, State Treasurer or Attorney General be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, from the same political party of the removed person; and the appointee shall hold office until a successor shall be elected and qualified, as provided by law. January 1, 1981

Sec. 11. [Vacancy in office of Governor -- Determination of disability.]

In case of the death of the Governor, impeachment, removal from office, resignation, or disability to discharge the duties of the office, or in case of a Governor-elect who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the disability ceases or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Lieutenant Governor resigns, dies, is removed, or becomes incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or disability ceases. If in this case the President of the Senate resigns, dies, is removed, or becomes incapable of performing the duties of the office, the Speaker of the House shall act as Governor until the vacancy is filled or disability ceases. While performing the duties of the Governor as provided in this section, the Lieutenant Governor, the President of the Senate, or the Speaker of the House, as the case may be, shall be entitled to the salary and emoluments of the Governor, except in cases of temporary disability. The disability of the Governor or person acting as Governor shall be determined by either a written declaration transmitted to the Supreme Court by the Governor stating an inability to discharge the powers and duties of the office or by a majority of the Supreme Court on joint request of the President of the Senate and the Speaker of the House of Representatives. Such determination shall be final and conclusive. Thereafter, when the Governor transmits to the Supreme Court a written declaration that no disability exists, the Governor shall resume the powers and duties of the office unless the Supreme Court, upon joint request of the President of the Senate and the Speaker of the House of Representatives, or upon its own initiative, determines that the Governor is unable to discharge the powers and duties of the office. The Lieutenant Governor shall then continue to discharge these powers and duties as acting Governor. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section. January 1, 1981

Sec. 12. [Board of pardons -- Respites and reprieves.]

Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions as may be established by the Legislature, may remit fines and forfeitures, commute punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to such regulations as may be provided by law, relative to the manner of applying for pardons; but no fine or forfeiture shall be remitted, and no commutation or pardon granted, except after a full hearing before the Board, in open session, after previous notice of the time and place of such hearing has been given. The proceedings and decisions of the Board, with the reasons therefor in each case, together with the dissent of any member who may disagree, shall be reduced to writing, and filed with all papers used upon the hearing, in the office of such officer as provided by law. The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the State, except treason or conviction on impeachment; but such respites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, shall continue or determine such respite or reprieve, or they may commute the punishment, or pardon the offense as herein provided. In case of conviction for treason, the Governor shall have the power to suspend execution of the sentence, until the case shall be reported to the Legislature at its next regular session, when the Legislature shall either pardon, or commute the sentence, or direct execution; and the Governor shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, commutation or pardon granted since the last previous report, stating the name of the convict, the crime for which convicted, the sentence and its date, the date of remission, commutation, pardon or reprieve, with the reasons for granting the same, and the objections, if any, of any member of the Board made thereto. January 1, 1981

Sec. 13. [Board of Examiners.]

Until otherwise provided by law, the Governor, Attorney General, and State Auditor shall constitute a Board of Examiners, with power to examine all such claims against the State as provided by law, and perform such other duties as provided by law; and no such claim against the State shall be passed upon by the Legislature without having been considered and acted upon by the Board of Examiners. January 1, 1981

Sec. 14. [Duties of Lieutenant Governor.]

The Lieutenant Governor shall serve on all boards and commissions in lieu of the Governor whenever so designated by the Governor, shall perform such duties as may be delegated by the Governor, and shall perform such other duties as may be provided by law. January 1, 1981

Sec. 15. [Duties of State Auditor and State Treasurer.]

The State Auditor shall perform financial post audits of Public Accounts, except as otherwise provided by this Constitution, and the State Treasurer shall be the custodian of public moneys; and each shall perform such other duties as provided by law. January 1, 1981

Sec. 16. [Duties of Attorney General.]

The Attorney General shall be the legal adviser of the State officers, except as otherwise provided by this Constitution, and shall perform such other duties as provided by law. January 1, 1981

Sec. 17. [Duties of Superintendent of Public Instruction.] Repealed July 1, 1987

Sec. 18. [Compensation of State and District officers.]

The Governor, Lieutenant Governor, State Auditor, State Treasurer, Attorney General and such other State and District officers as provided for by law, shall receive for their services a compensation as fixed by law. The compensation for said officers as provided in all laws enacted pursuant to this Constitution, shall be in full for all services rendered by said officers, respectively, in any official capacity or employment during their respective terms of office. No such officer shall receive for the performance of any official duty any fee for personal use, but all fees fixed by law for the performance by either of them of any official duty, shall be collected in advance and deposited with the State Treasurer monthly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while traveling in the performance of official duties. January 1, 1981

Sec. 19. [Grants and commissions.]

All grants and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and countersigned by such officer as provided by law. January 1, 1981

Sec. 20. [The Great Seal.]

There shall be a seal of the State, which shall be called "The Great Seal of the State of Utah," and shall be kept by such officer as provided by law. January 1, 1981

Sec. 21. [United States' officials ineligible to hold state office.]

No person, while holding any office under the United States' government, shall hold any office under the State government of Utah. January 1, 1981

Sec. 22. [The Great Seal.] Transferred to Sec. 20, January 1, 1981

Sec. 23. [United States officials ineligible -- Governor not eligible for senate.] Repealed in part and transferred in part to Sec. 21, January 1, 1981

Sec. 24. [Temporary succession to public offices in emergency.] Unconstitutional -- Lee v. State, 13 U.2d 15, 367 P. 2d 861 (1962). Repealed January 1, 1981

ARTICLE VIII. JUDICIAL DEPARTMENT

Sec. 1. [Judicial powers -- Courts.]

The judicial power of the state shall be vested in a Supreme Court, in a trial court of general jurisdiction known as the district court, and in such other courts as the Legislature by statute may establish. The Supreme Court, the district court, and such other courts designated by statute shall be courts of record. Courts not of record shall also be established by statute. July 1, 1985

Sec. 2. [Supreme court -- Chief justice -- Declaring law unconstitutional -- Justice unable to participate.]

The Supreme Court shall be the highest court and shall consist of at least five justices. The number of justices may be changed by statute, but no change shall have the effect of removing a justice from office. A chief justice shall be selected from among the justices of the Supreme Court as provided by statute. The chief justice may resign as chief justice without resigning from the Supreme Court. The Supreme Court by rule may sit and render final judgment either en banc or in divisions. The court shall not declare any law unconstitutional under this constitution or the Constitution of the United States, except on the concurrence of a majority of all justices of the Supreme Court. If a justice of the Supreme Court is disqualified or otherwise unable to participate in a cause before the court, the chief justice, or in the event the chief justice is disqualified or unable to participate, the remaining justices, shall call an active judge from an appellate court or the district court to participate in the cause. January 1, 1945 July 1, 1985

Sec. 3. [Jurisdiction of Supreme Court.]

The Supreme Court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States. The Supreme Court shall have appellate jurisdiction over all other matters to be exercised as provided by statute, and power to issue all writs and orders necessary for the exercise of the Supreme Court's jurisdiction or the complete determination of any cause. July 1, 1985

Sec. 4. [Rulemaking power of Supreme Court -- Judges pro tempore -- Regulation of practice of law.]

The Supreme Court shall adopt rules of procedure and evidence to be used in the courts of the state and shall by rule manage the appellate press. The Legislature may amend the rules of procedure and evidence adopted by the Supreme Court upon a vote of two-thirds of all members of both houses of the Legislature. Except as otherwise provided by this constitution, the Supreme Court by rule may authorize retired justices and judges and judges pro tempore to perform any judicial duties. Judges pro tempore shall be citizens of the United States, Utah residents, and admitted to practice law in Utah. The Supreme Court by rule shall govern the practice of law, including admission to practice law and the conduct and discipline of persons admitted to practice law. July 1, 1985

Sec. 5. [Jurisdiction of district court and other courts -- Right of appeal.]

The district court shall have original jurisdiction in all matters except as limited by this constitution or by statute, and power to issue all extraordinary writs. The district court shall have appellate jurisdiction as provided by statute. The jurisdiction of all other courts, both original and appellate, shall be provided by statute. Except for matters filed originally with the Supreme Court, there shall be in all cases an appeal of right from the court of original jurisdiction to a court with appellate jurisdiction over the cause. January 1, 1945 July 1, 1985

Sec. 6. [Number of judges of district court and other courts -- Divisions.]

The number of judges of the district court and of other courts of record established by the Legislature shall be provided by statute. No change in the number of judges shall have the effect of removing a judge from office during a judge's term of office. Geographic divisions for all courts of record except the Supreme Court may be provided by statute. No change in divisions shall have the effect of removing a judge from office during a judge's term of office. January 1, 1945 July 1, 1985

Sec. 7. [Qualifications of justices and judges.]

Supreme court justices shall be at least 30 years old, United States citizens, Utah residents for five years preceding selection, and admitted to practice law in Utah. Judges of other courts of record shall be at least 25 years old, United States citizens, Utah residents for three years preceding selection, and admitted to practice law in Utah. It geographic divisions are provided for any court, Judges of that court shall reside in the geographic division for which they are selected. July 1, 1985

Sec. 8. [Vacancies -- Nominating commissions -- Senate approval.]

When a vacancy occurs in a court of record, the Governor shall fill the vacancy by appointment from a list of at least three nominees certified to the Governor by the Judicial Nominating Commission having authority over the vacancy. The Governor shall fill the vacancy within 30 days after receiving the list of nominees. If the Governor fails to fill the vacancy within the time prescribed, the chief justice of the Supreme Court shall within 20 days make the appointment from the list of nominees. The Legislature by statute shall provide for the nominating commissions' composition and procedures. No member of the Legislature may serve as a member of, nor may the Legislature appoint members to, any Judicial Nominating Commission. The Senate shall consider and render a decision on each judicial appointment within 30 days of the date of appointment. If necessary, the Senate shall convene itself in extraordinary session for the purpose of considering judicial appointments. The appointment shall be effective upon approval of a majority of all members of the Senate. If the Senate fails to approve the appointment, the office shall be considered vacant and a new nominating process shall commence. Selection of judges shall be based solely upon consideration of fitness for office without regard to any partisan political considerations. July 1, 1985

Sec. 9. [Judicial retention elections.]

Each appointee to a court of record shall be subject to an unopposed retention election at the first general election held more than three years after appointment. Following initial voter approval, each Supreme Court justice every tenth year, and each judge of other courts of record every sixth year, shall be subject to an unopposed retention election at the corresponding general election. Judicial retention elections shall be held on a nonpartisan ballot in a manner provided by statute. If geographic divisions are provided for any court of record, the Judges of those courts shall stand for retention election only in the geographic division to which they are selected. July 1, 1985

Sec. 10. [Restrictions on justices and judges.]

Supreme court justices, district court judges, and judges of all other courts of record while holding office may not practice law, hold any elective nonjudicial public office, or hold office in a political party. January 1, 1985

Sec. 11. [Judges of courts not of record.]

Judges of courts not of record shall be selected in a manner, for a term, and with qualifications provided by statute. However, no qualification may be imposed which requires judges of courts not of record to be admitted to practice law. The number of judges of courts not of record shall be provided by statute. July 1, 1985

Sec. 12. [Judicial Council -- Chief justice as administrative officer.]

A Judicial Council is established, which shall adopt rules for the administration of the courts of the state. The Judicial Council shall consist of the chief justice of the Supreme Court, as presiding officer, and such other justices, judges, and other persons as provided by statute. There shall be at least one representative on the Judicial Council from each court established by the constitution or by statute. The chief justice of the Supreme Court shall be the chief administrative officer for the courts and shall implement the rules adopted by the Judicial Council. July 1, 1985

Sec. 13. [Judicial Conduct Commission.]

A Judicial Conduct Commission is established which shall investigate and conduct confidential hearings regarding complaints against any justice or judge. Following its investigations and hearings, the Judicial Conduct Commission may order the reprimand, censure, suspension, removal, or involuntary retirement of any justice or judge for the following:

(1) action which constitutes willful misconduct in office: (2) final conviction of a crime punishable as a felony under state or federal law; (3) willful and persistent failure to perform judicial duties; (4) disability that seriously interferes with the performance of judicial duties; or (5) conduct prejudicial to the administration of justice which brings a judicial office into disrepute.

Prior to the implementation of any commission order, the Supreme Court shall review the commission's proceedings as to both law and fact. The court may also permit the introduction of additional evidence. After its review, the Supreme Court shall, as it finds just and proper, issue its order implementing, rejecting, or modifying the commission's order. The Legislature by statute shall provide for the composition and procedures of the Judicial Conduct Commission. July 1, 1985

Sec. 14. [Compensation of justices and judges.]

The Legislature shall provide for the compensation of all justices and judges. The salaries of justices and judges shall not be diminished during their terms of office. July 1, 1985

Sec. 15. [Mandatory retirement.]

The Legislature may provide standards for the mandatory retirement of justices and judges from office. July 1, 1985

Sec. 16. [Public prosecutors.]

The Legislature shall provide for a system of public prosecutors who shall have primary responsibility for the prosecution of criminal actions brought in the name of the State of Utah and shall perform such other duties as may be provided by statute. Public prosecutors shall be elected in a manner provided by statute, and shall be admitted to practice law in Utah. If a public prosecutor fails or refuses to prosecute, the Supreme Court shall have power to appoint a prosecutor pro tempore. July 1, 1985

Sec. 17. [Courts of record.] Repealed in part and transferred in part to Sec. 1, July 1, 1985

Sec. 18. [Style of process: "The State of Utah".] Repealed July 1, 1985

Sec. 19. [But one form of civil action.] Repealed July 1, 1985

Sec. 20. [Salary of Judges.] Repealed July 1, 1985

Sec. 21. [Judges to be conservators of peace.] Repealed July 1, 1985

Sec. 22. [Judges to report defects in law.] Repealed July 1, 1985

Sec. 23. [Publication of decisions.] Repealed July 1, 1985

Sec. 24. [Effect of extending judges' terms.] Repealed July 1, 1985

Sec. 25. [Decisions of Supreme Court to be in writing.] Repealed July 1, 1985

Sec. 26. [Court to prepare syllabus.] Repealed July 1, 1985

Sec. 27. [Judge forfeits office by absence.] Repealed July 1, 1985

Sec. 28. [Mandatory retirement and removal of judges from office.] Repealed in part and transferred in part to Sec. 13 and Sec. 15, July 1, 1985

ARTICLE IX. CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT

Sec. 1. [Apportionment.]

At the session next following an enumeration made by the authority of the United States, the Legislature shall divide the state into congressional, legislative, and other districts accordingly. January 1, 1989

Sec. 2. [Number of members of legislature.]

The Senate shall consist of a membership not to exceed twenty-nine in number, and the number of representatives shall never be less than twice nor greater than three times the number of senators. January 1, 1989

Sec. 3. [Number of members of legislature.] Unconstitutional -- Petuskey v. Clyde, 234 F. Supp. 960 (Utah 1964) Repealed in part and transferred in part to Sec. 2, January 1, 1989

Sec. 4. [Senatorial districts, how formed.] Unconstitutional -- Petuskey v. Clyde, 234 F. Supp. 960 (Utah 1964) Repealed January 1, 1989

ARTICLE X. EDUCATION

Sec. 1. [Free nonsectarian schools.]

The Legislature shall provide for the establishment and maintenance of the state's education systems including: (a) a public education system, which shall be open to all children of the state; and (b) a higher education system. Both systems shall be free from sectarian control. July 1, 1987

Sec. 2. [Defining what shall constitute the public school system.]

The public education system shall include all public elementary and secondary schools and such other schools and programs as the Legislature may designate. The higher education system shall include all public universities and colleges and such other institutions and programs as the Legislature may designate. Public elementary and secondary schools shall be free, except the Legislature may authorize the imposition of fees in the secondary schools. November 8, 1910 July 1, 1987

Sec. 3. [State Board of Education.]

The general control and supervision of the public education system shall be vested in a State Board of Education. The membership of the board shall be established and elected as provided by statute. The State Board of Education shall appoint a State Superintendent of Public Instruction who shall be the executive officer of the board. July 1, 1987

Sec. 4. [Control of higher education system by statute -- Rights and immunities confirmed.]

The general control and supervision of the higher education system shall be provided for by statute. All rights, immunities, franchises, and endowments originally established or recognized by the constitution for any public university or college are confirmed. July 1, 1987

Sec. 5. [State School Fund and Uniform School Fund -- Establishment and use.]

(1) There is established a permanent State School Fund which shall consist of revenue from the following sources: (a) proceeds from the sales of all lands granted by the United States to this state for the support of the public elementary and secondary schools; (b) 5% of the net proceeds from the sales of United States public lands lying within this state; (c) all revenues derived from nonrenewable resources on school or state land, other than those lands granted for other specific purposes; and (d) other revenues as appropriated by the Legislature. The State School Fund principal shall be safely invested and held by the state in perpetuity. The interest of the State School Fund only shall be expended for the support of the public elementary and secondary schools. The Legislature by statute may provide for necessary administrative costs. The State School Fund shall be guaranteed by the state against loss or diversion. (2) There is established a Uniform School Fund which shall consist of revenue from the following sources: (a) interest from the State School Fund; (b) except as appropriated by the Legislature for the State School Fund, revenues derived from renewable resources on school or state lands, other than those granted for specific purposes; and (c) other revenues which the Legislature may appropriate. If the interest generated by the State School Fund exceeds the amount required to fund the Uniform School Fund, as appropriated annually by the Legislature, the excess shall pass through to the General Fund. The Uniform School Fund shall be maintained and used for the support of the state's public elementary and secondary schools and apportioned as the Legislature shall provide. November 6, 1984 July 1, 1987

Sec. 6. [Separate control of city schools.] Repealed January 1, 1973

Sec. 7. [Proceeds of land grants constitute permanent funds.]

The proceeds from the sale of lands reserved by Acts of Congress for the establishment or benefit of the state's universities and colleges shall constitute permanent funds to be used for the purposes for which the funds were established. The funds' principal shall be safely invested and held by the state in perpetuity. Any income from the funds shall be used exclusively for the support and maintenance of the respective universities and colleges. The Legislature by statute may provide for necessary administrative costs. The funds shall be guaranteed by the state against loss or diversion. November 4, 1930 November 8, 1938 January 1, 1939 July 1, 1987

Sec. 8. [No religious or partisan tests in schools.]

No religious or partisan test or qualification shall be required as a condition of employment, admission, or attendance in the state's education systems. July 1, 1987

Sec. 9. [Public aid to church schools forbidden.]

Neither the state of Utah nor its political subdivisions may make any appropriation for the direct support of any school or educational institution controlled by any religious organization. July 1, 1987

Sec. 10. [Textbooks.] Repealed July 1, 1987

Sec. 11. [Institutions for deaf, dumb and blind -- Property -- Fund.] Repealed July 1, 1987

Sec. 12. [Metric system.] Repealed July 1, 1987

Sec. 13. [No religious or partisan tests in schools.] Transferred to Sec. 8, July 1, 1987

Sec. 14. [Public aid to church schools forbidden.] Transferred to Sec. 9, July 1, 1987

ARTICLE XI. COUNTIES, CITIES, AND TOWNS

Sec. 1. [Existing counties, precincts, and school districts recognized.]

The several counties of the Territory of Utah, existing at the time of the adoption of this Constitution, are hereby recognized as legal subdivisions of this State, and the precincts, and school districts, now existing in said counties, as legal subdivisions thereof, and they shall so continue until changed by law in pursuance of this article. 1896

Sec. 2. [Removal of county seats.]

No County Seat shall be removed unless two-thirds of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removals and two-thirds of the votes cast on the proposition shall be required to relocate a county seat. A proposition of removal shall not be submitted in the same county more than once in four years. 1896

Sec. 3. [Changing county lines.]

No territory shall be stricken from any county unless a majority of the voters living in such territory, as well as of the county to which it is to be annexed, shall vote therefor, and then only under such conditions as may be prescribed by general law. 1896

Sec. 4. [Optional forms of county government -- Precinct and township organizations.]

The Legislature shall by general law prescribe optional forms of county government and shall allow each county to select, subject to referendum in the manner provided by law, the prescribed optional form which best serves its needs, and by general laws shall provide for precinct and township organizations. January 1, 1973

Sec. 5. [Municipal corporations -- To be created by general law -- Right and manner of adopting charter for own government -- Powers included.]

Corporations for municipal purposes shall not be created by special laws. The legislature by general laws shall provide for the incorporation, organization and classification of cities and towns in proportion to population, which laws may be altered amended or repealed. Any incorporated city or town may frame and adopt a charter for its own government in the following manner: The legislative authority of the city may, by two-thirds vote of its members, and upon petition of qualified electors to the number of fifteen per cent of all votes cast at the next preceding election for the office of the mayor, shall forthwith provide by ordinance for the submission to the electors of the question: "Shall a commission be chosen to frame a charter?" The ordinance shall require that the question be submitted to the electors at the next regular municipal election. The ballot containing such question shall also contain the names of candidates for members of the proposed commission, but without party designation. Such candidates shall be nominated in the same manner as required by law for nomination of city officers. If a majority of the electors voting on the question of choosing a commission shall vote in the affirmative, then the fifteen candidates receiving a majority of the votes cast at such election, shall constitute the charter commission, and shall proceed to frame a charter. Any charter so framed shall be submitted to the qualified electors of the city at an election to be held at a time to be determined by the charter commission, which shall be not less than sixty days subsequent to its completion and distribution among the electors and not more than one year from such date. Alternative provisions may also be submitted to be voted upon separately. The commission shall make provisions for the distribution of copies of the proposed charter and of any alternative provisions to the qualified electors of the city, not less than sixty days before the election at which it is voted upon. Such proposed charter and such alternative provisions as are approved by a majority of the electors voting thereon, shall become an organic law of such city at such time as may be fixed therein, and shall supersede any existing charter and all laws affecting the organization and government of such city which are now in conflict therewith. Within thirty days after its approval a copy of such charter as adopted, certified by the mayor and city recorder and authenticated by the seal of such city, shall be made in duplicate and deposited, one in the office of the secretary of State and the other in the office of the city recorder, and thereafter all courts shall take judicial notice of such charter. Amendments to any such charter may be framed and submitted by a charter commission in the same manner as provided for making of charters, or may be proposed by the legislative authority of the city upon a two-thirds vote thereof, or by petition of qualified electors to a number equal to fifteen per cent of the total votes cast for mayor on the next preceding election, and any such amendment may be submitted at the next regular municipal election, and having been approved by the majority of the electors voting thereon, shall become part of the charter at the time fixed in such amendment and shall be certified and filed as provide in case of charters. Each city forming its charter under this section shall have, and is hereby granted, the authority to exercise all powers relating to municipal affairs, and to adopt and enforce within its limits, local police, sanitary and similar regulations not in conflict with the genera law, and no enumeration of powers in this constitution or any law shall be deemed to limit or restrict the general grant of authority hereby conferred; but this grant of authority shall not include the power to regulate public utilities, not municipally owned, if any such regulation of public utilities is provided for by general law, nor be deemed to limit or restrict the power of the legislature in matters relating to State affairs, to enact general laws applicable alike to all cities of the State. The power to be conferred upon the cities by this section shall include the following: (a) To levy, assess and collect taxes and borrow money, within the limits prescribed by general law, and to levy and collect special assessments for benefits conferred. (b) To furnish all local public services, to purchase, hire, construct, own, maintain and operate, or lease, public utilities local in extent and use; to acquire by condemnation, or otherwise, within or without the corporate limits, property necessary for any such purposes, subject to restrictions imposed by general law for the protection of other communities; and to grant local public utility franchises and within its powers regulate the exercise thereof. (c) To make local public improvements and to acquire by condemnation, or otherwise, property within its corporate limits necessary for such improvements; and also to acquire an excess over than [that] needed for any such improvement and to sell or lease such excess property with restrictions, in order to protect and preserve the improvement. (d) To issue and sell bonds on the security of any such excess property, or of any public utility owned by the city, or of the revenues thereof, or both, including, in the case of public utility, a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate such utility. January 1, 1933

Sec. 6. [Municipalities forbidden to sell waterworks or rights.]

No municipal corporation, shall directly or indirectly, lease, sell, alien or dispose of any waterworks, water rights, or sources of water supply now, or hereafter to be owned or controlled by it; but all such waterworks, water rights and sources of water supply now owned or hereafter to be acquired by any municipal corporation, shall be preserved, maintained and operated by it for supplying its inhabitants with water at reasonable charges: Provided, That nothing herein contained shall be construed to prevent any such municipal corporation from exchanging water-rights, or sources of water supply, for other water-rights or sources of water supply of equal value, and to be devoted in like manner to the public supply of its inhabitants. 1896

ARTICLE XII. CORPORATIONS

Sec. 1. [Corporations -- Formation -- Control.]

Corporations may be formed under general laws, but shall not be created by special acts. All laws relating to corporations may be altered, amended or repealed by the Legislature, and all corporations doing business in this State, may, as to such business, be regulated, limited or restrained by law. 1896

Sec. 2. [Existing corporations to accept Constitution.]

All existing charters, franchises, special or exclusive privileges, under which an actual and bona fide organization shall not have taken place, and business been commenced in good faith, at the time of the adoption of this Constitution, shall thereafter have no validity; and no corporation in existence at the time of the adoption of this Constitution shall have the benefit of future legislation without first filing in the office of the Secretary of State, an acceptance of the provisions of this Constitution. 1896

Sec. 3. [Legislature not to extend or validate franchises.]

The Legislature shall not extend any franchise or charter, nor remit the forfeiture of any franchise or charter of any corporation now existing, or which shall hereafter exist under the laws of this State. 1896

Sec. 4. ["Corporations" defined -- Suits.]

The term "Corporations," as used in this article, shall be construed to include all associations and joint-stock companies having any powers or privileges of corporations not possessed by individuals or partnerships and all corporations shall have the right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons. 1896

Sec. 5. [Corporate stock -- Issuance, increase, and fictitious increase.]

Corporations shall not issue stock, except to bona fide subscribers thereof or their assignee, nor shall any corporation issue any bond, or other obligation, for the payment of money, except for money or property received, or labor done. The stock of corporations shall not be increased, except in pursuance of general law, nor shall any law authorize the increase of stock without the consent of the person or persons holding the larger amount in value of the stock, or without due notice of the proposed increase having previously been given in such manner as may be prescribed by law. All fictitious increase of stock or indebtedness shall be void. 1896

Sec. 6. [Privileges of foreign corporations.]

No corporations organized outside of this State, shall be allowed to transact business within the State, on conditions more favorable than those prescribed by law to similar corporations, organized under the laws of this State. 1896

Sec. 7. [Limitation on alienation of franchise.]

No corporation shall lease or alienate any franchise, so as to relieve the franchise or property held thereunder from the liabilities of the lessor, or grantor, lessee, or grantee, contracted or incurred in operation, use or enjoyment of such franchise or any of its privileges. 1896

Sec. 8. [Consent of local authorities necessary to use of streets.]

No law shall be passed granting the right to construct and operate a street railroad, telegraph, telephone or electric light plant within any city or incorporated town, without the consent of the local authorities who have control of the street or highway proposed to be occupied for such purposes. 1896

Sec. 9. [Places of business, process agent, filing of certified copy of articles.]

No corporation shall do business in this State, without having one or more places of business, with an authorized agent or agents, upon whom process may be served; nor without first filing a certified copy of its articles of incorporation with the Secretary of State. 1896

Sec. 10. [Corporations limited to authorized objects.]

No corporation shall engage in any business other than that expressly authorized in its charter, or articles of incorporation. 1896

Sec. 11. [Franchises may be taken for public use.]

The exercise of the right of eminent domain shall never be so abridged or construed, as to prevent the Legislature from taking the property and franchises of incorporated companies, and subjecting them to public use the same as the property of individuals. 1896

Sec. 12. [Common carriers.]

All railroad and other transportation companies are declared to be common carriers, and subject to legislative control; and such companies shall receive and transport each other's passengers and freight, without discrimination or unnecessary delay. 1896

Sec. 13. [Competing railroads not to consolidate.]

No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a competing line. 1896

Sec. 14. [Rolling stock considered personal property.]

The rolling stock, and other movable property, belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to taxation and to execution and sale, in the same manner as the personal property of individuals, and such property shall not be exempted from execution and sale. 1896

Sec. 15. [Legislature to prescribe maximum rates -- Discriminations.]

The Legislature shall pass laws establishing reasonable maximum rates of charges, for the transportation of passengers and freight, for correcting abuses, and preventing discrimination and extortion in rates of freight and passenger tariffs by the different railroads, and other common carriers in the State, and shall enforce such laws by adequate penalties. 1896

Sec. 16. [Armed bodies not to be brought into state.]

No corporation or association shall bring any armed person or bodies of men into this State for the preservation of the peace, or the suppression of domestic troubles without authority of law. 1896

Sec. 17. [Employee of corporation ineligible to municipal office.] Repealed January 1, 1983

Sec. 18. [Liability of stockholders of banks.]

The legislature may provide by law that the stockholders in every corporation and joint stock association organized for banking purposes, or the holders of any one or more of the classes of stock issued by any such corporation in addition to the amount of capital stock subscribed and fully paid by them shall be individually responsible for an additional amount equal to not exceeding the amount of their stock in such corporation, or the amount of their stock of any particular class in such corporation, for all its debts and liabilities of every kind. January 1, 1941

Sec. 19. [Blacklisting forbidden.]

Every person in this State shall be free to obtain employment whenever possible, and any person, corporation, or agent, servant or employee thereof, maliciously interfering or hindering in any way, any person from obtaining or enjoying employment already obtained, from any other corporation or person, shall be deemed guilty of a crime. The Legislature shall provide by law for the enforcement of this section. 1896

Sec. 20. [Trusts and combinations prohibited.]

Any combination by individuals, corporations, or associations, having for its object or effect the controlling of the price of any products of the soil, or of any article of manufacture or commerce, or the cost of exchange or transportation, is prohibited and hereby declared unlawful, and against public policy. The Legislature shall pass laws for the enforcement of this section by adequate penalties, and in case of incorporated companies, if necessary for that purpose, it may declare a forfeiture of their franchise. 1896

ARTICLE XIII. REVENUE AND TAXATION

Sec. 1. [Fiscal year.]

The fiscal year shall begin on the first day of January, unless changed by the Legislature. 1896

Sec. 2. [Tangible property to be taxed -- Value ascertained -- Exemptions -- Remittance or abatement of taxes of poor -- Intangible property -- Legislature to provide annual tax for state.]

(1) All tangible property in the state, not exempt under the laws of the United States, or under this Constitution, shall be taxed at a uniform and equal rate in proportion to its value, to be ascertained as provided by law. (2) The following are property tax exemptions: (a) the property of the state, school districts, and public libraries; (b) the property of counties, cities, towns, special districts, and all other political subdivisions of the state, except that to the extent and in the manner provided by the Legislature the property of a county, city, town, special district or other political subdivision of the state located outside of its geographic boundaries as defined by law may be subject to the ad valorem property tax; (c) property owned by a nonprofit entity which is used exclusively for religious, charitable or educational purposes; (d) places of burial not held or used for private or corporate benefit; and (e) farm equipment and farm machinery as defined by statute. This exemption shall be implemented over a period of time as provided by statute. (3) Tangible personal property present in Utah on January 1, m., which is held for sale or processing and which is shipped to final destination outside this state within twelve months may be deemed by law to have acquired no situs in Utah for purposes of ad valorem property taxation and may be exempted by law from such taxation, whether manufactured, processed or produced or otherwise originating within or without the state. (4) Tangible personal property present in Utah on January 1, m., held for sale in the ordinary course of business and which constitutes the inventory of any retailer, or wholesaler or manufacturer or farmer, or livestock raiser may be deemed for purposes of ad valorem property taxation to be exempted. (5) Water rights, ditches, canals, reservoirs, power plants, pumping plants, transmission lines, pipes and flumes owned and used by individuals or corporations for irrigating land within the state owned by such individuals or corporations, or the individual members thereof, shall be exempted from taxation to the extent that they shall be owned and used for such purposes. (6) Power plants, power transmission lines and other property used for generating and delivering electrical power, a portion of which is used for furnishing power for pumping water for irrigation purposes on lands in the state of Utah, may be exempted from taxation to the extent that such property is used for such purposes. These exemptions shall accrue to the benefit of the users of water so pumped under such regulations as the Legislature may prescribe. (7) The taxes of the poor may be remitted or abated at such times and in such manner as may be provided by law. (8) The Legislature may provide by law for the exemption from taxation: of not to exceed 45% of the fair market value of residential property as defined by law; and all household furnishings, furniture, and equipment used exclusively by the owner thereof at his place of abode in maintaining a home for himself and family. (9) Property owned by disabled persons who served in any war in the military service of the United States or of the state of Utah and by the unmarried widows and minor orphans of such disabled persons or of persons who while serving in the military service of the United States or the state of Utah were killed in action or died as a result of such service may be exempted as the Legislature may provide. (10) Intangible property may be exempted from taxation as property or it may be taxed as property in such manner and to such extent as the Legislature may provide, but if taxed as property the income therefrom shall not also be taxed. Provided that if intangible property is taxed as property the rate thereof shall not exceed five mills on each dollar of valuation. (11) The Legislature shall provide by law for an annual tax sufficient, with other sources of revenue, to defray the estimated ordinary expenses of the state for each fiscal year. For the purpose of paying the state debt, if any there be, the Legislature shall provide for levying a tax annually, sufficient to pay the annual interest and to pay the principal of such debt, within twenty years from the final passage of the law creating the debt. January 1, 1931 January 1, 1937 November 5, 1946 January 1, 1959 January 1, 1963 January 1, 1965 January 1, 1969 January 1, 1983 January 1, 1987

Sec. 3. [Assessment and taxation of tangible property -- Livestock -- Land used for agricultural purposes.]

(1) The Legislature shall provide by law a uniform and equal rate of assessment on all tangible property in the state, according to its value in money, except as otherwise provided in Sec. 2 of this Article. The Legislature shall prescribe by law such provisions as shall secure a just valuation for taxation of such property, so that every person and corporation shall pay a tax in proportional to the value of his, her, or its tangible property, provided that the Legislature may determine the manner and extent of taxing livestock. (2) Land used for agricultural purposes may, as the Legislature prescribes, be assessed according to its value for agricultural use without regard to the value it may have for other purposes. November 6, 1900 November 6, 1906 January 1, 1931 November 5, 1946 January 1, 1969 January 1, 1983

Sec. 4. [Mines and claims to be assessed -- Basis and multiple -- What to be assessed as tangible property.]

All metalliferous mines or mining claims, both placer and rock in place, shall be assessed as the Legislature shall provide; but the basis and multiple now used in determining the value of metalliferous mines for taxation purposes and the additional assessed value of $5.00 per acre thereof shall not be changed before January 1, 1935, nor thereafter until otherwise provided by law. All other mines or mining claims and other valuable mineral deposits, including lands containing coal or hydrocarbons and all machinery used in mining and all property or surface improvements upon or appurtenant to mines or mining claims, and the value of any surface use made of mining claims, or mining property for other than mining purposes, shall be assessed as other tangible property. November 8, 1908 January 1, 1931 January 1, 1983

Sec. 5. [Local authorities to levy local taxes -- Sharing tax and revenues by political subdivisions.]

The Legislature shall not impose taxes for the purpose of any county, city, town or other municipal corporation, but may, by law, vest in the corporate authorities thereof, respectively, the power to assess and collect taxes for all purposes of such corporation. Notwithstanding anything to the contrary contained in this Constitution, political subdivisions may share their tax and other revenues with other political subdivisions as provided by statute. January 1, 1983

Sec. 6. [Annual statement to be published.]

An accurate statement of the receipts and expenditures of the public moneys, shall be published annually in such manner as the Legislature may provide. 1896

Sec. 7. [Rate of taxation on tangible property for general state purposes -- Additional levy for support of public school system.] Repealed July 1, 1987

Sec. 8. [Officer not to make profit out of public moneys.]

The making of profit out of public moneys, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law, but part of such punishment shall be disqualification to hold public office. 1896

Sec. 9. [State expenditure to be kept within revenues.]

No appropriation shall be made, or any expenditure authorized by the Legislature, whereby the expenditure of the State, during any fiscal year, shall exceed the total tax then provided for by law, and applicable for such appropriation or expenditure, unless the Legislature making such appropriation, shall provide for levying a sufficient tax, not exceeding the rates allowed in x 7 of this article, to pay such appropriation or expenditure within such fiscal year. This provision shall not apply to appropriations or expenditures to suppress insurrections, defend the State, or assist in defending the United States in time of war. 1896

Sec. 10. [All property taxable where situated.]

All corporations or persons in this State, or doing business herein, shall be subject to taxation for State, County, School, Municipal or other purposes, on the real and personal property owned or used by them within the Territorial limits of the authority levying the tax. 1896

Sec. 11. [Creation of State Tax Commission -- Membership -- Governor to appoint -- Terms -- Duties -- County boards -- Duties.]

There shall be a State Tax Commission consisting of four members, not more than two of whom shall belong to the same political party. The members of the Commission shall be appointed by the Governor, by and with the consent of the Senate, for such terms of office as may be provided by law. The State Tax Commission shall administer and supervise the tax laws of the State. It shall assess mines and public utilities and adjust and equalize the valuation and assessment of property among the several counties. It shall have such other powers of original assessment as the Legislature may provide. Under such regulations in such cases and within such limitations as the Legislature may prescribe, it shall review proposed bond issues, revise the tax levies of local governmental units, and equalize the assessment and valuation of property within the counties. The duties imposed upon the State Board of Equalization by the Constitution and Laws of this State shall be performed by the State Tax Commission. In each county of this State there shall be a County Board of Equalization consisting of the Board of County Commissioners of said county. The County Boards of Equalization shall adjust and equalize the valuation and assessment of the real and personal property within their respective counties, subject to such regulation and control by the State Tax Commission as may be prescribed by law. The State Tax Commission and the County Boards of Equalization shall each have such other powers as may be prescribed by the Legislature. January 1, 1913 January 1, 1931 January 1, 1959

Sec. 12. [Stamp, income, occupation, license or franchise tax permissible -- Reference to United States laws in imposition of income taxes -- Income or intangible property taxes allocated to public school system.] (1) Nothing in this Constitution shall be construed to prevent the Legislature from providing a stamp tax, or a tax based on income, occupation, licenses, franchises, or other tax provided by law. The Legislature may provide for deductions, exemptions, or offsets on any tax based upon income, occupation, licenses, franchises, or other tax as provided by law pursuant to this section. (2) Notwithstanding any provision of this 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 any provision of the laws of the United States as the same may be or become effective at any time or from time to time and may prescribe exemptions or modifications to any such provision. (3) All revenue received from taxes on income or from taxes on intangible property shall be allocated to the support of the public school system as defined in Article X, Sec. 2 of this Constitution. November 6, 1906 January 1, 1983

Sec. 13. [Revenue from highway user and motor fuel taxes to be used for highway purposes.]

The proceeds from the imposition of any license tax, registration fee, driver education tax, or other charge related to the operation of any motor vehicle upon any public highway in this state, and the proceeds from the imposition of any excise tax on gasoline or other liquid motor fuels used for propelling such vehicle, except for statutory refunds and adjustments allowed thereunder and for costs of collection and administration, shall be used exclusively for highway purposes as follows: (1) The construction, improvement, repair and maintenance of city streets, county roads, and state highways, including but not restricted to payment for property taken for or damaged by rights of way, and for administrative costs necessarily incurred for said purposes. (2) The administration of a driver education program. (3) The enforcement of state motor vehicle and traffic laws. (4) Tourists and publicity expense in any single biennium not in excess of the lesser of the following: (a) .5 per cent of the total biennial revenues from motor fuel taxes, or (b) an amount equal to the 1959-1961 biennium. November 6, 1962

Sec. 14. [Tangible personal property tax exemption.]

Aircraft, watercraft, motor vehicles, and other tangible personal property, not otherwise exempt under the laws of the United States or under this Constitution, may be exempted from taxation as property by the Legislature. In the exercise of the discretion granted under this section, however, the legislature may only exempt tangible personal property that is required by law to be registered with the state before it is used on a public highway, on a public waterway, on public land, or in the air. If the legislature exempts tangible personal properly from taxation under this section, it shall provide for uniform statewide fees or uniform statewide rates of assessment or levy in lieu of the tax on such property. The value of any tangible personal property exempted from taxation, however, shall remain and be considered as part of the state tax base for the purpose of determining debt limitations as set forth in Article XIV of this constitution. The proceeds from such a tax or fee are not subject to Sec. 13 of this Article and shall be distributed to the taxing districts in which the exempted property is located in the same portion as the revenue collected from real property tax is distributed to such districts. December 31, 1984

ARTICLE XIV. PUBLIC DEBT

Sec. 1. [Fixing the limit of the state indebtedness.]

To meet casual deficits or failures in revenue, and for necessary expenditures for public purposes, including the erection of public buildings, and for the payment of all Territorial indebtedness assumed by the State, the State may contract debts, not exceeding in the aggregate at any one time, an amount equal to one and one-half per centum of the value of the taxable property of the State, as shown by the last assessment for State purposes, previous to the incurring of such indebtedness. But the State shall never contract any indebtedness, except as in the next Section provided, in excess of such amount, and all monies arising from loans herein authorized, shall be applied solely to the purposes for which they were obtained. January 1, 1911

Sec. 2. [Debts for public defense.]

The State may contract debts to repel invasion, suppress insurrection, or to defend the State in war, but the money arising from the contracting of such debts shall be applied solely to the purpose for which it was obtained. 1896

Sec. 3. [Debts of counties, cities, towns, and school districts not to exceed revenue -- Exception.]

No debt in excess of the taxes for the current year shall be created by any county or subdivision thereof, or by any school district therein, or by any city, town or village, or any subdivision thereof in this State; unless the proposition to create such debt, shall have been submitted to a vote of such qualified electors as shall have paid a property tax therein, in the year preceding such election, and a majority of those voting thereon shall have voted in favor of incurring such debt. 1896

Sec. 4. [Limit of indebtedness of counties, cities, towns and school districts.]

When authorized to create indebtedness as provided in Sec. 3 of this Article, no county shall become indebted to an amount, including existing indebtedness exceeding two per centum. No city, town, school district or other municipal corporation, shall become indebted to an amount, including existing indebtedness, exceeding four per centum of the value of the taxable property therein, the value to be ascertained by the last assessment for State and County purposes, previous to the incurring of such indebtedness; except that in incorporated cities the assessment shall be taken from the last assessment for city purposes; provided, that no part of the indebtedness allowed in this section shall be incurred for other than strictly county, city, town or school district purposes; provided further, that any city of the first and second class when authorized as provided in Sec. 3 of this article, may be allowed to incur a larger indebtedness, not to exceed four per centum and any city of the third class, or town, not to exceed eight per centum additional, for supplying such city or town with water, artificial lights or sewers, when the works for supplying such water, light and sewers, shall be owned and controlled by the municipality. January 1, 1911

Sec. 5. [Borrowed money to be applied to authorized use.]

All moneys borrowed by, or on behalf of the State or any legal subdivision thereof, shall be used solely for the purpose specified in the law authorizing the loan. 1896

Sec. 6. [State not to assume county, city, town or school district debts.]

The State shall not assume the debt, or any part thereof, of any county, city, town or school district. 1896

Sec. 7. [Existing indebtedness not impaired.]

Nothing in this article shall be so construed as to impair or add to the obligation of any debt heretofore contracted, in accordance with the laws of Utah Territory, by any county, city, town or school district, or to prevent the contracting of any debt, or the issuing of bonds therefor, in accordance with said laws, upon any proposition for that purpose, which, according to said laws, may have been submitted to a vote of the qualified electors of any county, city, town or school district before the day on which this Constitution takes effect. 1896

Sec. 8. [Special service districts.]

(1) The Legislature by general statute may authorize: (a) any county, city, or town to establish special districts within all or any part of the county, city, or town to be governed by the governing authority of the county, city, or town, and each special district may provide water, sewerage, drainage, flood control, garbage, transportation, recreation, health care, and fire protection services or any combination of these services in accordance with that statute. (b) any county, city or town to levy taxes upon the taxable property in such special district for the purpose of acquiring, constructing, equipping, operating, and maintaining facilities required for any or all of such services; and (c) any special district to issue bonds of the special district for the purpose of acquiring, constructing, and equipping any of these facilities without regard to the limitations of Sec. 3 and Sec. 4 of this Article XIV but subject to such limitation on the aggregate amount of these bonds which may be outstanding at any other time as may be provided by statute. (2) The authority to levy taxes upon the taxable property in these districts and to issue bonds of these districts payable from taxes levied on the taxable property in them shall be conditioned upon the assent of a majority of the qualified electors of the district voting in an election for this purpose to be held as provided by statute. (3) Any such district created by a county may contain all or part of any incorporated municipality or municipalities but only with the consent of the governing authorities thereof. January 1, 1975 January 1, 1991

ARTICLE XV. MILITIA

Sec. 1. [How constituted.]

The militia shall consist of all able-bodied male inhabitants of the State, between the ages of eighteen and forty-five years, except such as are exempted by law. 1896

Sec. 2. [Organization and equipment.]

The Legislature shall provide by law for the organization, equipment and discipline of the militia, which shall conform as nearly as practicable to the regulations for the government of the armies of the United States. 1896

ARTICLE XVI. LABOR

Sec. 1. [Rights of labor to be protected.]

The rights of labor shall have just protection through laws calculated to promote the industrial welfare of the State. 1896

Sec. 2. [Board of labor.]

The Legislature shall provide by law, for a Board of Labor, Conciliation and Arbitration, which shall fairly represent the interests of both capital and labor. The Board shall perform duties, and receive compensation as prescribed by law. 1896

Sec. 3. [Certain employment and practices to be prohibited.]

The Legislature shall prohibit: (1) The employment of children under the age of fourteen years, in underground mines. (2) The involuntary contracting of convict labor. (3) The political and commercial control of employees. November 4, 1980

Sec. 4. [Exchange of blacklists prohibited.]

The exchange of black lists by railroad companies, or other corporations, associations or persons is prohibited. 1896

Sec. 5. [Injuries resulting in death -- Damages.]

The right of action to recover damages for injuries resulting in death, shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation, except in cases where compensation for injuries resulting in death is provided for by law. January 1, 1921

Sec. 6. [Eight hours a day's labor on public works -- Health and safety laws.]

Eight hours shall constitute a day's work on all works or undertakings carried on or aided by the State, County or Municipal governments; and the Legislature shall pass laws to provide for the health and safety of employees in factories, smelters and mines. 1896

Sec. 7. [Legislature to enforce this article.]

The Legislature, by appropriate legislation, shall provide for the enforcement of the provisions of this article. 1896

Sec. 8. [Minimum wage for women and minors -- Comfort and safety laws.]

The legislature may, by appropriate legislation provide for the establishment of a minimum wage for women and minors and may provide for the comfort, safety and general welfare of any and all employees. No provision of this constitution shall be construed as a limitation upon the authority of the legislature to confer upon any commission now or hereafter created such power and authority as the legislature may deem requisite to carry out the provisions of this section. November 7, 1933

ARTICLE XVII. WATER RIGHTS

Sec. 1. [Existing rights confirmed.]

All existing rights to the use of any of the waters in this State for any useful or beneficial purpose, are hereby recognized and confirmed. 1896

ARTICLE XVIII. FORESTRY

Sec. 1. [Forests to be preserved.]

The Legislature shall enact laws to prevent the destruction of and to preserve the Forests on the lands of the State, and upon any part of the public domain, the control of which may be conferred by Congress upon the State. 1896

ARTICLE XIX. PUBLIC BUILDINGS AND STATE INSTITUTIONS

Sec. 1. [Property of territory becomes property of state.] Repealed January 1, 1989

Sec. 2. [Charitable and penal institutions, how maintained.] Repealed January 1, 1989

Sec. 3. [Location of public institutions and disposition of lands.] Repealed in part and transferred in part to Article XXII, Sec. 3, January 1, 1989

ARTICLE XX. PUBLIC LANDS

Sec. 1. [Land grants accepted on terms of trust.]

All lands of the State that have been, or may hereafter be granted to the State by Congress, and all lands acquired by gift, grant or devise, from any person or corporation, or that may otherwise be acquired, are hereby accepted, and declared to be the public lands of the State; and shall be held in trust for the people, to be disposed of as may be provided by law, for the respective purposes for which they have been or may be granted, donated, devised or otherwise acquired. 1896

ARTICLE XXI. SALARIES

Sec. 1. [Officers to be paid salaries.]

Unless otherwise provided by law, all state, district, city, county, town, and school officers shall be paid fixed and definite salaries. July 1, 1985

Sec. 2. [Legislature to provide fees -- Accounting.]

The Legislature shall provide by law for the fees to be collected by all officers within the state. All state, district, county, city, town, and school officers shall be required by law to keep a true and correct account of all fees collected by them, and to pay the same into the proper treasury, and the officer whose duty it is to collect such fees shall be held responsible under his bond for the same. July 1, 1985

ARTICLE XXII. MISCELLANEOUS

Sec. 1. [Homestead exemption.]

The Legislature shall provide by statute for an exemption of a homestead, which may consist of one or more parcels of lands, together with the appurtenances and improvements thereon, from sale on execution. January 1, 1989

Sec. 2. [Property rights of married women.]

Real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become entitled by purchase, gift, grant, inheritance or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband, and may be conveyed, devised or bequeathed by her as if she were unmarried. 1896

Sec. 3. [Seat of government.] The seat of state government shall be at Salt Lake City. Adopted January 1, 1989

Sec. 4. [Prohibiting the manufacture, sale or storing of intoxicating liquors.] Adopted January 1, 1919 Repealed January 1, 1934

ARTICLE XXIII. AMENDMENT AND REVISION

Sec. 1. [Amendments: proposal, election.]

Any amendment or amendments to this Constitution may be proposed in either house of the Legislature, and if two-thirds of all the members elected to each of the two houses, shall vote in favor thereof, such proposed amendment or amendments shall be entered on their respective journals with the yeas and nays taken thereon; and the Legislature shall cause the same to be published in at least one newspaper in every county of the state, where a newspaper is published, for two months immediately preceding the next general election, at which time the said amendment or amendments shall be submitted to the electors of the state for their approval or rejection, and if a majority of the electors voting thereon shall approve the same, such amendment or amendments shall become part of this Constitution. The revision or amendment of an entire article or the addition of a new article to this Constitution may be proposed as a single amendment and may be submitted to the electors as a single question or proposition. Such amendment may relate to one subject, or any number of subjects, and may modify, or repeal provisions contained in other articles of the Constitution, if such provisions are germane to the subject manner of the article being revised, amended or being proposed as a new article. January 1, 1971

Sec. 2. [Revision of the Constitution.]

Whenever two-thirds of the members, elected to each branch of the Legislature, shall deem it necessary to call a convention to revise or amend this Constitution, they shall recommend to the electors to vote, at the next general election, for or against a convention, and, if a majority of all the electors, voting at such election, shall vote for a convention, the Legislature, at its next session, shall provide by law for calling the same. The convention shall consist of not less than the number of members in both branches of the Legislature. 1896

Sec. 3. [Submission to electors.]

No Constitution, or amendments adopted by such convention, shall have validity until submitted to, and adopted by, a majority of the electors of the State voting at the next general election. 1896

ARTICLE XXIV. SCHEDULE

Sec. 1. [Actions, contracts to continue.]

In order that no inconvenience may arise, by reason of the change from a Territorial to a State Government, it is hereby declared that all writs, actions, prosecutions, judgments, claims and contracts, as well of individuals as of bodies corporate, both public and private, shall continue as if no change had taken place; and all process which may issue, under the authority of the Territory of Utah, previous to its admission into the Union, shall be as valid as if issued in the name of the State of Utah. 1896

Sec. 2. [Territorial laws continued.]

All laws of the Territory of Utah now in force, not repugnant to this Constitution, shall remain in force until they expire by their own limitations, or are altered or repealed by the Legislature. The act of the Governor and Legislative Assembly of the Territory of Utah, entitled, "An Act to punish polygamy and other kindred offenses," approved February 4th, A.D. 1892, in so far as the same defines and imposes penalties for polygamy, is hereby declared to be in force in the State of Utah. 1896

Sec. 3. [Prisoners to be held.]

Any person, who, at the time of the admission of the State into the Union, may be confined under lawful commitment, or otherwise lawfully held to answer for alleged violation of any of the criminal laws of the Territory of Utah, shall continue to be so held or confined, until discharged therefrom by the proper courts of the State. 1896

Sec. 4. [Fines, penalties and forfeitures due the territory -- Debts of the territory.]

All fines, penalties and forfeitures accruing to the people of the United States in the Territory of Utah, shall inure to this State, and all debts, liabilities and obligations of said Territory shall be valid against the State, and enforced as may be provided by law. 1896

Sec. 5. [Recognizances -- Judgments -- Records -- Fines due counties, municipalities and school districts.]

All recognizances heretofore taken, or which may be taken before the change from a Territorial to a State Government, shall remain valid, and shall pass to and be prosecuted in the name of the State; and all bonds executed to the Governor of the territory or to any other officer or court in his or their official capacity, or to any official board for the benefit of the Territory of Utah or the people thereof shall pass to the Governor or other officer, court or board, and his or their successor in office, for the uses therein, respectively expressed, and may be sued on, and recovery had accordingly. Assessed taxes, and all revenue, property, real, personal or mixed, and all judgments, bonds, specialties, choses in action, claims and debts, of whatsoever description; and all records and public archives of the Territory of Utah, shall issue and vest in the State of Utah, and may be sued for and recovered, in the same manner, and to the same extent by the State of Utah, as the same could have been by the Territory of Utah; and all fines, taxes, penalties and forfeitures, due or owing to any county, municipality or school district therein, at the time the State shall be admitted into the Union, are hereby respectively assigned and transferred, and the same shall be payable to the county, municipality or school district, as the case may be, and payment thereof be enforced under the laws of the State. 1896

Sec. 6. [Criminal prosecutions begun and crimes committed before statehood.]

All criminal prosecutions, and penal actions, which may have arisen, or which may arise before the change from a Territorial to a State Government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State, and in the court having jurisdiction thereof. All offenses committed against the laws of the Territory of Utah, before the change from a Territorial to a State Government, and which shall not have been prosecuted before such change, may be prosecuted in the name, and by authority of the State of Utah, with like effect as though such change had not taken place, and all penalties incurred shall remain the same, as if this Constitution had not been adopted. 1896

Sec. 7. [Transfer of causes, records.]

All actions, cases, proceedings and matters, pending in the Supreme and District Courts of the Territory of Utah, at the time the State shall be admitted into the Union, and all files, records and indictments relating thereto, except as otherwise provided herein, shall be appropriately transferred to the Supreme and District Courts of the State respectively; and thereafter all such actions, matters and cases, shall be proceeded with in the proper State courts. All actions, cases, proceedings and matters which shall be pending in the District Courts of the Territory of Utah, at the time of the admission of the State into the Union, whereof the United States Circuit or District Courts might have had jurisdiction had there been a State Government at the time of the commencement thereof respectively, shall be transferred to the proper United States Circuit and District Courts respectively; and all files, records, indictments and proceedings relating thereto, shall be transferred to said United States Courts: Provided, That no civil actions, other than causes and proceedings of which the said United States' Courts shall have exclusive jurisdiction, shall be transferred to either of said United States' Courts except upon motion or petition by one of the parties thereto, made under and in accordance with the act or acts of Congress of the United States, and such motion and petition not being made, all such cases shall be proceeded with in the proper State Courts. 1896

Sec. 8. [Seals of courts.]

Upon a change from Territorial to State Government, the seal in use by the Supreme Court of the Territory of Utah, until otherwise provided by law, shall pass to and become the Seal of the Supreme Court of the State, and the several District Courts of the State may adopt seals for their respective courts, until otherwise provided by law. 1896

Sec. 9. [Transfer of probate causes to district courts.]

When the State is admitted into the Union, and the District Courts in the respective districts are organized, the books, records, papers and proceedings of the probate court in each county, and all causes and matters of administration pending therein, upon the expiration of the term of office of the Probate Judge, on the second Monday in January, 1896, shall pass into the jurisdiction and possession of the District Court, which shall proceed to final judgment or decree, order or other determination in the several matters and causes, as the Territorial Probate Court might have done, if this Constitution had not been adopted. And until the expiration of the term of office of the Probate Judges, such Probate Judges shall perform the duties now imposed upon them by the laws of the Territory. The District Courts shall have appellate and revisory jurisdiction over the decisions of the Probate Courts as now provided by law, until such latter courts expire by limitation. 1896

Sec. 10. [Officers to hold office until superseded.]

All officers, civil and military, now holding their offices and appointments in this Territory by authority of law, shall continue to hold and exercise their respective offices and appointments, until superseded under this Constitution: Provided, That the provisions of this section shall be subject to the provisions of the Act of Congress, providing for the admission of the State of Utah, approved by the President of the United States on July 16th, 1894. 1896

Sec. 11. [Election for adoption or rejection of Constitution and for state officers -- Voters.]

The election for the adoption or rejection of this Constitution, and for State Officers herein provided for, shall be held on the Tuesday next after the first Monday in November, 1895, and shall be conducted according to the laws of the Territory, and the provisions of the Enabling Act; the votes cast at said election shall be canvassed, and returns made, in the same manner as was provided for in the election for delegates to the Constitutional Convention. Provided, That all male citizens of the United States, over the age of twenty one years, who have resided in this Territory for one year next prior to such election, are hereby authorized to vote for or against the adoption of this Constitution, and for the State Officers herein provided for. The returns of said election shall be made to the Utah Commission, who shall cause the same to be canvassed, and shall certify the result of the vote for or against the Constitution, to the President of the United States, in the manner required by the Enabling Act; and said Commission shall issue certificates of election to the persons elected to said offices severally, and shall make and file with the Secretary of the Territory, an abstract, certified to by them, of the number of votes cast for each person for each of said offices, and of the total number of votes cast in each county. 1896

Sec. 12. [Officers to be elected.]

The State Officers to be voted for at the time of the adoption of this Constitution, shall be a Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Superintendent of Public Instruction, Members of the Senate and House of Representatives, three Supreme Judges, nine District Judges, and a Representative to Congress. 1896

Sec. 13. [Contest for district judgeship, how determined.]

In case of a contest of election between candidates, at the first general election under this Constitution, for Judges of the District Courts, the evidence shall be taken in the manner prescribed by the Territorial laws, and the testimony so taken shall be certified to the Secretary of State, and said officer, together with the Governor and the Treasurer of the State, shall review the evidence, and determine who is entitled to the certificate of election. 1896

Sec. 14. [Constitution to be submitted to voters -- Ballot.]

This Constitution shall be submitted for adoption or rejection, to a vote of the qualified electors of the proposed State, at the general election to be held on the Tuesday next after the first Monday in November, A.D. 1895. At he said election the ballot shall be in the following form: For the Constitution. Yes. No. As a heading to each of said ballots there shall be printed on each ballot the following Instructions to Voters: All persons desiring to vote for the Constitution must erase the word "No." All persons desiring to vote against the Constitution must erase the word "Yes." 1896

Sec. 15. [Election of officers not provided for herein.]

The Legislature, at its first session, shall provide for the election of all officers, whose election is not provided for elsewhere in this Constitution, and fix the time for the commencement and duration of their terms. 1896

Sec. 16. [When Constitution in force.]

The provisions of this Constitution shall be in force from the day on which the President of the United States shall issue his proclamation, declaring the State of Utah admitted into the Union; and the terms of all officers elected at the first election under the provisions of this Constitution, shall commence on the first Monday, next succeeding the issue of said proclamation. Their terms of office shall expire when their successors are elected and qualified under this Constitution. Done in Convention at Salt Lake City, in the Territory of Utah, this eighth day of May, in the year of our Lord one thousand eight hundred and ninety-five, and of the Independence of the United States the one hundred and nineteenth. 1896

Attest: John Henry Smith, President Parley P. Christensen, Secretary

Louis Bernhardt Adams John Daniel Holladay Aquila Nebeker Rufus Albern Allen Samuel Hood Hill Jeremiah Day Page Andrew Smith Anderson William Howard Edward Partridge John Richard Barnes Henry Hughes Mons Peterson John Rutledge Bowdle Joseph Alonzo Hyde James Christian Peterson John Sell Boyer Anthony Woodward Ivins Frank Pierce Theodore Brandley Wm. F. James John David Peters Herbert Guion Button Lycurgus Johnson Wm. B. Preston William Buys Joseph Loftus Joley Alonzo Hazelton Raleigh Chester Call Frederick John Keisel Franklyn Snyder Richards George Mousley Cannon David Keith Joel Ricks John Foy Chidester Thomas Kearns Brigham Henry Roberts Parley Christiansen William Jasper Kerr Jasper Robertson Thomas H. Clark, Jr. Andrew Kimball Joseph Eldredge Robinson Louis Laville Coray James Nathaniel Kimball Willis Eugene Robison Elmer Ellsworth Corfman Richard G. Lambert George Ryan Charles Crane Lauritz Larsen John Henry Smith William Creer Christen Peter Larsen George B. Squires George Cunningham Hyrum Lemmon Harrison Tuttle Shurtliff Arthur John Cushing Theodore Belden Lewis Edward Hunter Snow William Driver William Lowe Hiram Hupp Spencer Dennis Clay Eichnor Peter Lowe David Brainerd Stover Alma Eldredge James Paton Low Charles Nettleton Strevell George Rhodes Emery Anthony Canute Lund Charles William Symons Andreas Engberg Karl G. Maeser Moses Thatcher David Evans Richard Mackintosh Daniel Thompson Abel John Evans Thomas Maloney Ingwald Conrad Thoresen Lorin Farr William H. Maughan Joseph Ephraim Thorne Samuel Francis Robert McFarland Samuel R. Thurman William Henry Gibbs George Parcust Miller William Grant Van Home Charles Carroll Goodwin Elias Morris Charles Stetson Varian James Frederic Green Jacob Moritz Heber M. Wells Francis Asbury Hammond John Riggs Murdock Noble Warrum, Jr. Charles Henry Hart Joseph Royal Murdock Orson Ferguson Whitney Harry Haynes James David Murdock Joseph John Williams

By order of the Convention, May 8, 1895. John Henry Smith, President

The Constitution was adopted November 5, 1895, by a vote of 31,305 to 7,607. The proclamation of the President of the United States announcing the result of such election and admitting the State to the Union was issued January 4, 1896. The inauguration of State officers took place January 6, 1896.

Utah Constitutional Revision Commission

Gayle F. McKeachnie, Chair Vernal Ted D. Lewis, Vice-Chair Salt Lake City Wilford R. Black, Jr. Salt Lake City Afton B. Bradshaw Salt Lake City Arnold Christensen Sandy Lyle W. Hillyard Logan R. Haze Hunter Cedar City Dallin W. Jensen Salt Lake City Clifford S. LeFevre Clearfield Kathleen Lubeck Salt Lake City Scott M. Matheson, Jr. Salt Lake City Richard V. Strong Bountiful Olene S. Walker Salt Lake City David L. Watson St. George Mary Anne Q. Wood Provo Michael D. Zimmerman Salt Lake City