This constitution was done by Marcy Wilson, I think it is ready to go. JE 2-21-05 *** CSTART UT 05/08/1895 01/01/2010 *** CONSTITUTION OF THE STATE OF UTAH-1895 *** ASTART 9001.0 UT 1895 *** PREAMBLE Grateful to Almighty God for life and liberty, we, the people of Utah, in order to secure and perpetuate the principles of free government, do ordain and establish this *** AEND *** *** ASTART 001.0 UT 1895 *** CONSTITUTION ARTICLE I. DECLARATION OF RIGHTS. *** SSTART 001.0 001.0 0 UT 1895 *** SECTION 1 . 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. *** SEND *** *** SSTART 002.0 001.0 0 UT 1895 *** SEC. 2. 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. *** SEND *** *** SSTART 003.0 001.0 0 UT 1895 *** SEC. 3. 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. *** SEND *** *** SSTART 004.0 001.0 0 UT 1895 *** SEC. 4. The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise therof; no religious tet 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 of 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. *** SEND *** *** SSTART 005.0 001.0 0 UT 1895 *** SEC. 5. The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it. *** SEND *** *** SSTART 006.0 001.0 0 UT 1895 *** SEC. 6. The people have the right to bear arms for their security and defense, but the Legislature may regulate the exercise of this right by law. *** SEND *** *** SSTART 007.0 001.0 0 UT 1895 *** SEC. 7. No person shall be deprived of life, liberty or property without due process of law. *** SEND *** *** SSTART 008.0 001.0 0 UT 1895 *** SEC. 8. All prisoners shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption strong. *** SEND *** *** SSTART 009.0 001.0 0 UT 1895 *** SEC. 9. 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. *** SEND *** *** SSTART 0010.0 001.0 0 UT 1895 *** SEC. 10. 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 consist 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 should be waived unless demanded. *** SEND *** *** SSTART 011.0 001.0 0 UT 1895 *** SEC. 11. 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. *** SEND *** *** SSTART 012.0 001.0 0 UT 1895 *** SEC. 12. 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 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. *** SEND *** *** SSTART 013.0 001.0 0 UT 1895 *** SEC. 13. 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 grand jury shall consist of seven persons, five of whom must concur to find an indictment; but no grand jury shall be drawn or sumoned unless in the opinion of the judge of the district, public interest demands it. *** SEND *** *** SSTART 014.0 001.0 0 UT 1895 *** SEC. 14. 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. *** SEND *** *** SSTART 015.0 001.0 0 UT 1895 *** SEC. 15. 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. *** SEND *** *** SSTART 016.0 001.0 0 UT 1895 *** SEC. 16. There shall be no imprisonment for debt, except in cases of absconding debtors. *** SEND *** *** SSTART 017.0 001.0 0 UT 1895 *** SEC. 17. 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. *** SEND *** *** SSTART 018.0 001.0 0 UT 1895 *** SEC. 18. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed. *** SEND *** *** SSTART 019.0 001.0 0 UT 1895 *** SEC 19. Treason against the State shall consist only in levying war against it, or inadhering 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. *** SEND *** *** SSTART 020.0 001.0 0 UT 1895 *** SEC. 20. 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. *** SEND *** *** SSTART 021.0 001.0 0 UT 1895 *** SEC. 21. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State. *** SEND *** *** SSTART 022.0 001.0 0 UT 1895 *** SEC. 22. Private property shall not be taken or damaged for public use without just compensation. *** SEND *** *** SSTART 023.0 001.0 0 UT 1895 *** SEC. 23. No law shall be passed granting irrevocably any franchise, privilege, or immunity. *** SEND *** *** SSTART 024.0 001.0 0 UT 1895 *** SEC 24. All laws of a general nature shall have uniform operation. *** SEND *** *** SSTART 025.0 001.0 0 UT 1895 *** SEC. 25. This enumeration of rights shall not be construed to impair or deny others retained by the people. *** SEND *** *** SSTART 026.0 001.0 0 UT 1895 *** SEC. 26. The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. *** SEND *** *** SSTART 027.0 001.0 0 UT 1895 *** SEC. 27. Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government. *** SEND *** *** AEND *** *** ASTART 002.0 UT 1895 *** ARTICLE II. STATE BOUNDARIES. *** SSTART 001.0 002.0 0 UT 1895 *** SECTION 1. 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 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. *** SEND *** *** AEND *** *** ASTART 003.0 UT 1895 *** ARTICLE III. ORDINANCE. The following ordinance shall be irrevocable without the consent of the United States and the people of this State: *** SSTART 001.0 003.0 0 UT 1895 *** 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. *** SEND *** *** SSTART 002.0 003.0 0 UT 1895 *** 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 and 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 States. 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; nor shall taxes be imposed by this State on lands or property herein, belonging to or which may hereafter be purchased by the United States or reserved for its use; 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. *** SEND *** *** SSTART 003.0 003.0 0 UT 1895 *** 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. *** SEND *** *** AEND *** *** ASTART 004.0 UT 1895 *** ARTICLE IV. ELECTIONS AND RIGHT OF SUFFRAGE. *** SSTART 001.0 004.0 0 UT 1895 *** SECTION 1. 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. *** SEND *** *** SSTART 002.0 004.0 0 UT 1895 *** SEC. 2. Every citizen of the United States, of the age of twenty-one years and upwards, who shall have been a citizen for ninety days, and shall have resided in the State of Territory one year, in the county four months, and in the precinct sixty days next preceding any election, shall be entitled to vote at such elections except as herin otherwise provided. *** SEND *** *** SSTART 003.0 004.0 0 UT 1895 *** SEC. 3. In all cases except those of treason, felony or breach of the peace, electors shall be privileged from arrest on the days of election, during their attendance at elections, and going to and returning therefrom. *** SEND *** *** SSTART 004.0 004.0 0 UT 1895 *** SEC. 4. No elector shall be obliged to perform militia duty on the day of election except in time of war or public danger. *** SEND *** *** SSTART 005.0 004.0 0 UT 1895 *** SEC. 5. No person shall be deemed a qualified elector of this State unless such person be a citizen of the United States. *** SEND *** *** SSTART 006.0 004.0 0 UT 1895 *** SEC. 6. No idiot, insane 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. *** SEND *** *** SSTART 007.0 004.0 0 UT 1895 *** SEC. 7. Except in elections levying a special tax or creating indebtedness, no property qualification shall be required for any person to vote of hold office. *** SEND *** *** SSTART 008.0 004.0 0 UT 1895 *** SEC. 8. 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 is preserved. *** SEND *** *** SSTART 009.0 004.0 0 UT 1895 *** SEC. 9. 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. *** SEND *** *** SSTART 010.0 004.0 0 UT 1895 *** SEC. 10. All officers made elective or appointive by this Constitution or by the laws of 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." *** SEND *** *** AEND *** *** ASTART 005.0 UT 1895 *** ARTICLE V. DISTRIBUTION OF POWER. *** SSTART 001.0 005.0 0 UT 1895 *** SECTION 1. 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. *** SEND *** *** AEND *** *** ASTART 006.0 UT 1895 *** ARTICLE VI. LEGISLATIVE DEPARTMENT. *** SSTART 001.0 006.0 0 UT 1895 *** SECTION 1. The Legislative power of this State shall be vested in a Senate and House of Representatives, which shall be designated The Legislature of the State of Utah. *** SEND *** *** SSTART 002.0 006.0 0 UT 1895 *** SEC. 2. Regular sessions of the Legislature shall be held biennially at the seat of government; and except the first session therefor shall begin on the second Monday in January next after the election of members of the House of Representatives. *** SEND *** *** SSTART 003.0 006.0 0 UT 1895 *** SEC. 3. The members of the House of Representatives, after the first election, shall be chosen by the qualified electors of the respective representative districts, on the first Tuesday after the first Monday in November, 1896, and binennially thereafter. Their term of office shall be two years, from the first day of January next after their election. *** SEND *** *** SSTART 004.0 006.0 0 UT 1895 *** SEC. 4. The senators shall be chosen by the qualified electors 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: Provided, That the senators elected in 1896 shall be divided by lot into two classes as nearly equal as may be; seats of senators of the first class shall be vacated at the expiration of two years, and those as nearly as possible, shall be chosen biennially thereafter. In case of increase in the number of Senators, they shall be annexed by lot to one or the other of the two classes, so as to keep them as nearly equal as practicable. *** SEND *** *** SSTART 005.0 006.0 0 UT 1895 *** SEC. 5. No person shall be eligible to the office of senator or representative, who is not a citizen of the United States, twenty-five years of age, a qualified voter in the district from which he is chosen, a resident for three years of the State, and for one year of the district from which he is elected. *** SEND *** *** SSTART 006.0 006.0 0 UT 1895 *** SEC. 6. 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. *** SEND *** *** SSTART 007.0 006.0 0 UT 1895 *** SEC. 7. 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. *** SEND *** *** SSTART 008.0 006.0 0 UT 1895 *** SEC. 8. Members of the Legislature, in all cases exc ept 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. *** SEND *** *** SSTART 009.0 006.0 0 UT 1895 *** SEC. 9. The members of the Legislature shall receive such per diem and mileage as the Legislature may provide, not exceeding four dollars per day, and ten cents per mile for the distance necessarily traveled going to and returning from the place of meeting on the most usual route, and they shall receive no other pay or perquisite. *** SEND *** *** SSTART 010.0 006.0 0 UT 1895 *** SEC. 10. Each house shall be the judge of election and qualifications of its members, and may punish them for disorderly conduct, and with the concurrence of two-thirds of all members elected, expel a member for cause. *** SEND *** *** SSTART 011.0 006.0 0 UT 1895 *** SEC. 11. 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. *** SEND *** *** SSTART 012.0 006.0 0 UT 1895 *** SEC. 12. Each house shall determine the rules of its proceedings, and choose its own officers and employees. *** SEND *** *** SSTART 013.0 006.0 0 UT 1895 *** SEC. 13. The Governor shall issue writs of election to fill vacancies that may occur in either house of the Legislature. *** SEND *** *** SSTART 014.0 006.0 0 UT 1895 *** SEC. 14. 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. *** SEND *** *** SSTART 015.0 006.0 0 UT 1895 *** SEC. 15. 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. *** SEND *** *** SSTART 016.0 006.0 0 UT 1895 *** SEC. 16. No regular session of the Legislature(except the first, which may sit ninety days) shall exceed sixty days, except in cases of impeachment. No special session shall exceed thirty days, and in such special session, or when a regular session of the Legislature trying cases of impeachment exceeds sixty days, the members shall receive for compensation only the usual per diem and mileage. *** SEND *** *** SSTART 017.0 006.0 0 UT 1895 *** SEC. 17. 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. *** SEND *** *** SSTART 018.0 006.0 0 UT 1895 *** SEC. 18. 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. *** SEND *** *** SSTART 019.0 006.0 0 UT 1895 *** SEC. 19. 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 the law. *** SEND *** *** SSTART 020.0 006.0 0 UT 1895 *** SEC. 20. No person shall be tried on impeachment, unless he shall have been served with a copy of the articles thereof, at least ten days before the trial, and after such service he shall not exercise the duties of his office until he shall have been acquitted. *** SEND *** *** SSTART 021.0 006.0 0 UT 1895 *** SEC. 21. All officers not liable to impeachment shall be removed for any of the offenses specified in this article, in such manner as may be proved by the law. *** SEND *** *** SSTART 022.0 006.0 0 UT 1895 *** SEC. 22. The enacting clause of every law shall be: "Be it enacted by the Legislature of the State of Utah," and no bill or joint resolution shall be passed, except with the assent of a majority of all the members elected to each house of the Legislature and after it has been read three times. The vote upon the final passage of all bills shall be by yeas and nays; and no law shall be revised, or amended by reference to its title only; but the act as revised, or section as amended, shall be re- enacted and published at length. *** SEND *** *** SSTART 023.0 006.0 0 UT 1895 *** SEC. 23. 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 the title. *** SEND *** *** SSTART 024.0 006.0 0 UT 1895 *** SEC. 24. The presiding officer at each house, in the presence of the house over which he presides, shall sign all bills and joint resolutions passed by the Legislature, after their titles have been publicly read immediately before signing, and the fact of such signing shall be entered upon the journal. *** SEND *** *** SSTART 025.0 006.0 0 UT 1895 *** SEC. 25. All acts shall be officially published, and no act shall take effect until so published, nor until sixty days after the adjournment of the session at which it passed, unless the Legislature by a vote of two-thirds of all members elected to each house, shall otherwise direct. *** SEND *** *** SSTART 026.0 006.0 0 UT 1895 *** SEC. 26. The Legislature is prohibited from enacting any private of special laws in the following cases: First Granting divorce. Second Changing the names of persons or places, or constituting one person the heir-at- law of another. Third Locating or changing county seats. Fourth Regulating the jurisdiction and duties of justices of the peace. Fifth Punishing crimes and misdemeanors. Sixth Regulating the practice of courts of justice. Seventh Providing for a change of venue in civil or criminal actions. Eighth Assessing and collecting taxes. Ninth Regulating the interest on money. Tenth Changing the law of descent or succession. Eleventh Regulating county and township affairs. Twelfth-Incorporating cities, towns or villages; changing or amending the charter of any city, town or village; laying out, opening, vacating or altering town plats, highways, streets, wards, alleys or public grounds. Thirteenth Providing for sale or mortgage of real estate belonging to minors or others under disability. Fourteenth Authorizing persons to keep ferries across streams within the State. Fifteenth Remitting fines, penalties or forfeitures. Sixteenth Granting to an individual, association or corporation any privilege, immunity or franchise. Seventeenth Providing for the management of common schools. Eighteenth Creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed. The Legislature may repeal any existing special law relating to the foregoing subdivisions. In all cases where a general law can be applicable, no special law shall be enacted. Nothing in this section shall be construed to deny or restrict the power of the Legislature to establish and regulate the compensation and fees of county and township officers; to establish and regulate the rates of freight, passage, toll and charges of railroads, toll roads, ditch, flume and tunnel companies, incorporated under the laws of the State or doing business therein. *** SEND *** *** SSTART 027.0 006.0 0 UT 1895 *** SEC. 27. The Legislature shall have no power to release or extinguish, in whole or in part, the indebtedness, liability or obligation of any corporation or person to the State, or to any municipal corporation therein. *** SEND *** *** SSTART 028.0 006.0 0 UT 1895 *** SEC. 28. The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose. *** SEND *** *** SSTART 029.0 006.0 0 UT 1895 *** SEC. 29. The Legislature shall not delegate to any special commission, private corporation ofr 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. *** SEND *** *** SSTART 030.0 006.0 0 UT 1895 *** SEC. 30. The Legislature shall have no power to grant, or authorize any county or municipal authority to grant, any extra compensation, fee or allowance to any public officer, agent, servant or contractor, after service has been rendered or a contract has been entered into and performed in whole or in part, nor pay or authorize the payment of any claim hereafter created against the State, or any county or municipality of the State, under any agreement or contract made without authority of law: Provided, That this section shall not apply to claims incurred by public officers in the execution of the laws of the State. *** SEND *** *** SSTART 031.0 006.0 0 UT 1895 *** SEC. 31. 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. *** SEND *** *** AEND *** *** ASTART 007.0 UT 1895 *** ARTICLE VII. EXECUTIVE. *** SSTART 001.0 007.0 0 UT 1895 *** SEC. 1. The Executive Department shall consist of Governor, Secretary of state, State Auditor, State Treasurer, Attorney-General and Superintendent of Public Instruction, each of whom shall hold his office for four years, beginning on the firt Monday of January next after his election, except that the terms of office of thos elected at the first election shall begin when the State shall be admitted into the Union, and shall end on the first Monday in January, A. D. 1901. The officers of the Executive Department, during their terms of office shall reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law. *** SEND *** *** SSTART 002.0 007.0 0 UT 1895 *** SEC. 2. The officers provided for in section one of this article, shall be elected by the qualified electors of the State at the time and place of voting for members of the Legislatrue, 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 regular session, shall elect forthwith by joint ballot one of such persons for said office. *** SEND *** *** SSTART 003.0 007.0 0 UT 1895 *** SEC. 3. No person shall be eligible to the office of Governor or Secretary of State unless he shall have attained the age of thirty years at the time of his election, nor to the office of Attorney- General unless he shall have attained the age of twenty-five years at the time of his election, and have been admitted to practice in the Supreme Court of the Territory or of the State of Utah, nor unless he shall be in good standing at the bar at the time of his election. No person shall be eligible to any of the offices provided for in section one of this article, unless at the time of his election he shall be a qualified elector, and shall have been a resident citizen of the State or Territory for five years next preceding his election. The State Auditor and State Treasurer shall be ineligible to election as their own successors. *** SEND *** *** SSTART 004.0 007.0 0 UT 1895 *** SEC. 4. 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. He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. *** SEND *** *** SSTART 005.0 007.0 0 UT 1895 *** SEC. 5. The Governor shall see that the laws are faithfully executed; he 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 any time when the Legislative Assembly is not in session, may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or State institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may deem expedient. *** SEND *** *** SSTART 006.0 007.0 0 UT 1895 *** SEC. 6. 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. *** SEND *** *** SSTART 007.0 007.0 0 UT 1895 *** SEC. 7. In case of 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 he may think proper: Provided, it be not beyond the time fixed for the convening of the next Legislature. *** SEND *** *** SSTART 008.0 007.0 0 UT 1895 *** SEC. 8. Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approve, shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his 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, after such reconsideration, it 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, notwithstanding the Governor's objections. If any bill be not returned within five days after it shall have been presented to him(Sunday, and the day on which he received excepted), the same shall be a law in like manner as if he had signed it, unless the Legislature by its final adjournment prevent such return, in which case it shall be filed with his objections in the office of the Secretary of State within ten days after such adjournment(Sundays excepted) or become a law. If any bill presented to the Governor contain several items of appropriations of money, he may object to one of more such items, while approving other portions of the bill; in such case he shall append to the bill at the time of signing it a statement of the item or items which he declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governor's objection as in this section provided. *** SEND *** *** SSTART 009.0 007.0 0 UT 1895 *** SEC. 9. 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. *** SEND *** *** SSTART 010.0 007.0 0 UT 1895 *** SEC. 10. The Governor shall nominate, and by and with the 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 occur in any State or during the district office, the Governor shall appoint some fit person to discharge the duties thereof until the next meeting of the Senate, when he shall nominate some person to fill such office. If the office of Justice of the Supreme or District Court, Secretary of State, State Auditor, State Treasurer, Attorney-General or Superintendent of Public Instruction be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified, as may be by law provided. *** SEND *** *** SSTART 011.0 007.0 0 UT 1895 *** SEC. 11. In case of the death of the Governor, or his impeachment, removal from office, inability to discharge the duties of his office, resignation or absence from the State, the powers and duties of said office shall devolve upon the Secretary of State until the disability shall cease, or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Secretary of Stat resign, die or become incapable of performing the duties of the office, or be displaced, or be absent from the State, the President pro tempore of the Senate shall act as Governor until the vacancy shall act as Governor until the vacancy be filled or the disability cease. While performing the duties of the Governor as in this section provided, the Secretary of State, or the President pro tempore of the Senate, as the case may be, except in cases of temporary disability or absence from the State, shall be entitled to the salary and emoluments of the Governor. *** SEND *** *** SSTART 012.0 007.0 0 UT 1895 *** SEC. 12. Unless 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, and with such limitations and restrictions as they deem proper, 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 as 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 the Secretary of State. The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the State, except treason or conviction of impeachment; but such respites or reprieves shall no 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 its execution; he 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 he was 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. *** SEND *** *** SSTART 013.0 007.0 0 UT 1895 *** SEC. 13. Until otherwise provided by law, the Governor, Secretary of State and Attorney- General shall constitute a Board of State Prison Commissioners, which board shall have such supervision of all matters connected with the State prison as may be provided by law. They shall, also, constitute a Board of Examiners, with power to examine all claims against the State except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law, and no claim against the State, except for salaries and compensation of officers fixed by law, shall be passed upon by the Legislature without having been considered and acted upon by the said Board of Examiners. *** SEND *** *** SSTART 014.0 007.0 0 UT 1895 *** SEC. 14. Until otherwise provided by law, the Governor, State Treasurer and State Auditor shall constitute a Board of Insane Asylum Commissioners. Said Board shall have such supervision of all matters connected with the State Insane Asylum as may be provided by law. *** SEND *** *** SSTART 015.0 007.0 0 UT 1895 *** SEC. 15. Until otherwise provided by law, the Governor, Attorney-General and Superintendent of Public Instruction shall constitute a Board of Reform School Commissioners. Said board shall have such supervision of all matters connected with the State Reform School as may be provided by law. *** SEND *** *** SSTART 016.0 007.0 0 UT 1895 *** SEC. 16. The Secretary of State shall keep a record of the official acts of the Legislature and Executive Department of the State, and, when required, shall lay the same and all matters relative thereto before either branch of the Legislature, and shall perform such other duties as may be provided by law. *** SEND *** *** SSTART 017.0 007.0 0 UT 1895 *** SEC. 17. The Auditor shall be Auditor of Public Accounts, and the Treasurer shall be the custodian of public moneys, and each shall perform such other duties as may be provided by law. *** SEND *** *** SSTART 018.0 007.0 0 UT 1895 *** SEC. 18. The Attorney-General shall be the legal adviser of the State officers, and shall perform such other duties as may be provided by law. *** SEND *** *** SSTART 019.0 007.0 0 UT 1895 *** SEC. 19. The Superintendent of Public Instruction shall perform such duties as may be provided by law. *** SEND *** *** SSTART 020.0 007.0 0 UT 1895 *** SEC. 20. The Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Superintendent of Public Instruction and such other State and district officers as may be provided by law, shall receive for their services quarterly, a compensation as fixed by law, which shall not be diminished or increased so as to affect the salary of any officer during his term, or the term next ensuing after the adoption of this Constitution, unless a vacancy occur, in which case the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment. The compensation of the officers provided for by this article, until otherwise provided by law, is fixed as follows: Governor, two thousand dollars per annum. Secretary of State, two thousand dollars per annum. State Auditor, fifteen hundred dollars per annum. State Treasurer, one thousand dollars per annum. Attorney-General, fifteen hundred dollars per annum. Superintendent of Public Instruction, fifteen hundred dollars per annum. The compensation for said officers as prescribed in this section, and 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 his own 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 quarterly 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 State in the performance official duty. *** SEND *** *** SSTART 021.0 007.0 0 UT 1895 *** SEC. 21. 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 the Secretary of State. *** SEND *** *** SSTART 022.0 007.0 0 UT 1895 *** SEC. 22. There shall be a seal of the State, which shall be kept by the Secretary of State, and used by him officially. Said seal shall be called "the Great Seal of the State of Utah." The present seal of the Territory of Utah shall be the seal of the State until otherwise provided by law. *** SEND *** *** SSTART 023.0 007.0 0 UT 1895 *** SEC. 23. No person, while holding any office under the United States Govenment shall hold any office under the State government of Utah, and the Governor shall not be eligible for election to the Senate of the United States during the term for which he shall have been elected Governor. *** SEND *** *** AEND *** *** ASTART 008.0 UT 1895 *** ARTICLE VIII. JUDICIAL DEPARTMENT. *** SSTART 001.0 008.0 0 UT 1895 *** SEC. 1. The Judicial power of the State shall be vested in the Senate sitting as a court of impeachment, in a Supreme Court, in District Courts, in justices of the peace, and such other courts inferior to the Supreme Court as may be established by law. *** SEND *** *** SSTART 002.0 008.0 0 UT 1895 *** SEC. 2. The Supreme Court shall consist of three Judges; but after the year A. D. 1905, the Legislature may increase the number thereof to five. A majority of the Judges constituting the court shall be necessary to form a quorum or render a decision. If a Justice of the Supreme Court shall be disqualified from sitting in a cause before said court, the remaining Judges shall call a District Judge to sit with them on the hearing of such cause. The Judges of the Supreme Court shall be elected by the electors of the State at large. The term of office of the Judges of the Supreme Court, excepting as in this article otherwise provided, shall be six years. The Judges of the Supreme Court, immediately after the first election under this Constitution, shall be selected by lot, so that one shall hold office for the term of three years, one for the term of five years, and one for the term of seven years. The lots shall be drawn by the Judges of the Supreme Court, who, for that purpose, shall assemble at the seat of government; and they shall cause the result thereof to be certified by the Secretary of State, and filed in his office. The Judge having the shortest term to serve, not holding his office by appointment or election to fill a vacancy, shall be the Chief Justice, and shall preside at all terms of the Supreme Court, and in case of his absence, the Judge, having in like manner, the next shortest term, shall preside in his stead. *** SEND *** *** SSTART 003.0 008.0 0 UT 1895 *** SEC. 3. Every Judge of the Supreme Court shall be at least thirty years of age, and, before his election, shall be a member of the bar, learned in the law, and a resident of the Territory or State of Utah for five years next preceding his election. *** SEND *** *** SSTART 004.0 008.0 0 UT 1895 *** SEC. 4. The Supreme Court shall have original jurisdiction to issue writs of mandamus, certiorari, prohibition, quo-warranto and habeas corpus. Each of the Justices shall have power to issue writs of habeas corpus, to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any District Court or Judge thereof in the State. In other cases the Supreme Court shall have appellate jurisdiction only, and power to issue writs necessary and proper for the exercise of that jurisdiction. The Supreme Court shall hold at least three terms every year, and shall sit at the capital of the State. *** SEND *** *** SSTART 005.0 008.0 0 UT 1895 *** SEC. 5. The State shall be divided into seven judicial districts, for each of which, at least one, and not exceeding three Judges, shall be chosen by the qualified electors thereof. The term of office of the District Judges shall be four years. Except that the District Judges elected at the first election shall serve until the first Monday in January A. D. 1901, and until their successors shall have qualified. Until otherwise provided by law, a District Court at the county seat of each county shall be held at least four times a year. All civil and criminal business arising in any country, must be tried in such county, unless a change of venue be taken, in such cases as may be provided by law. Each Judge of a District Court shall be at least twenty-five years of age, a member of the bar, learned in the law, a resident of the Territory or State of Utah three years next preceding his election, and shall reside in the district for which he shall be elected. Any District Judge may hold a District Court in any county at the request of the Judge of the district, and upon a request of the Governor, it shall be his duty to do so. Any cause in the District Court may be tried by a Judge pro tempore, who must be a member of the bar, sworn to try the cause, and agreed upon by the parties, or their attorneys of record. *** SEND *** *** SSTART 006.0 008.0 0 UT 1895 *** SEC. 6. The Legislature may change the limits of any judicial district, or increase or decrease the number of districts, or the Judges thereof. No alteration or increase shall have the effect of removing a Judge from office. In every additional district established, a Judge shall be elected by the electors thereof, and his term of office shall continue as provided in section five of this article. *** SEND *** *** SSTART 007.0 008.0 0 UT 1895 *** SEC. 7. The District Court shall have original jurisdiction in all matters civil and criminal not excepted in this Constitution, and not prohibited by law; appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. The District Courts or any judge thereof, shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition and other writs necessary to carry into effect their orders, judgments, and decrees, and to give them a general control over inferior courts and tribunals within their respective jurisdictions. *** SEND *** *** SSTART 008.0 008.0 0 UT 1895 *** SEC. 8. The Legislature shall determine the number of justices of the peace to be elected, and shall fix by law their powers, duties and compensation. The jurisdiction of justices of the peace shall be as now provided by law, but the Legislature may restrict the same. *** SEND *** *** SSTART 009.0 008.0 0 UT 1895 *** SEC. 9. From all final judgments of the District Courts, there shall be a right of appeal to the Supreme Court. The appeal shall be upon the record made in the court below, and under such regulations as may be provided by law. In equity cases the appeal may be on questions of both law and fact; in cases at law the appeal shall be on questions of law alone. Appeals shall also lie from the final orders and decrees of the Court tin the administration of decedent estates, and in cases of guardianship, as shall be provided by law. Appeals shall also lie from the final judgment of justices of the peace in civil and criminal cases to the District Courts on both questions of law and fact, with such limitations and restrictions as shall be provided by law; and the decision of the District Courts on such appeals shall be final, except in cases involving the validity or constitutionality of a statute. *** SEND *** *** SSTART 010.0 008.0 0 UT 1895 *** SEC. 10. A County Attorney shall be elected by the qualified voters of each county who shall hold his office for a term of two years. The powers and duties of County Attorneys, and such other attorneys for the State as the Legislature may provide, shall be prescribed by law. In all cases where the attorney for any county, or for the State, fails or refuses to attend and prosecute according to law, the court shall have power to appoint an attorney pro tempore. *** SEND *** *** SSTART 011.0 008.0 0 UT 1895 *** SEC. 11. Judges may be removed from office by the concurrent vote of both houses of the Legislature, each voting separately; but two-thirds of the members to which each house may be entitled must concur in such vote. The vote shall be determined by yeas and nays, and the names of the members voting for or against a judge, together with the cause or causes of removal, shall be entered on the journal of each house. The judge against whom the house may be about to proceed shall receive notice thereof, accompanied with a copy of the cause alleged for his removal, at least ten days before the day on which either house of the Legislature shall act thereon. *** SEND *** *** SSTART 012.0 008.0 0 UT 1895 *** SEC. 12. The Judges of the Supreme and District Courts shall receive at stated times compensation for their services, which shall not be increased or diminished during the time for which they are elected. *** SEND *** *** SSTART 013.0 008.0 0 UT 1895 *** SEC. 13. Except by consent of all the parties, no judge of the supreme or inferior courts shall preside in the trial of any cause where either of the parties shall be connected with him by affinity or consanguinity within the degree of first cousin, or in which he may have been of counsel, or in the trail of which he may have presided in any inferior court. *** SEND *** *** SSTART 014.0 008.0 0 UT 1895 *** SEC. 14. The Supreme Court shall appoint a clerk, and a reporter of its decisions, who shall hold their offices during the pleasure of the Court. Until otherwise provided, County Clerks shall be ex-officio clerks of the District Courts in and for their respective counties, and shall perform such other duties as may be provided by law. *** SEND *** *** SSTART 015.0 008.0 0 UT 1895 *** SEC. 15. No person related to any judge of any court by affinity or consanguinity within the degree of first cousin, shall be appointed by such court or judge to, or employed by such court or judge in any office or duty in any court of which such judge may be a member. *** SEND *** *** SSTART 016.0 008.0 0 UT 1895 *** SEC. 16. Until otherwise provided by law, the Judicial Districts of the State shall be constituted as follows: First District: The Counties of Cache, Box Elder and Rich. Second District: The Counties of Weber, Morgan and Davis. Third District: The Counties of Summit, Salt Lake and Tooele, in which there shall be elected three district judges. Fourth District: The Counties of Utah, Wasatch, and Uintah. Fifth District: The Counties of Juab, Millard, Beaver, Iron Washington. Sixth District: The Counties of Sevier, Plute, Wayne, Garfield and Kane. Seventh District: The Counties of Sanpete, Carbon, Emery, Grand and San Juan. *** SEND *** *** SSTART 017.0 008.0 0 UT 1895 *** SEC. 17. The Supreme and District Courts shall be courts of record, and each shall have a seal. *** SEND *** *** SSTART 018.0 008.0 0 UT 1895 *** SEC. 18. The style of all process shall be "The State of Utah," and all prosecutions shall be conducted in the name and by the authority of the same. *** SEND *** *** SSTART 019.0 008.0 0 UT 1895 *** SEC. 19. There shall be but one form of civil action, and law and equity may be administered in the same action. *** SEND *** *** SSTART 020.0 008.0 0 UT 1895 *** SEC. 20. Until otherwise provided by law, the salaries of supreme and district judges shall be three thousand dollars per annum and mileage, payable quarterly out of the State treasury. *** SEND *** *** SSTART 021.0 008.0 0 UT 1895 *** SEC. 21. Judges of the Supreme Court, District Courts, and justices of the peace, shall be conservators of the peace, and may hold preliminary examinations in cases of felony. *** SEND *** *** SSTART 022.0 008.0 0 UT 1895 *** SEC. 22. District Judges may, at any time, report defects and omissions in the law to the Supreme Court, and the Supreme Court, on or before the first day of December of each year, shall report in writing to the Governor any seeming defect or omission in the law. *** SEND *** *** SSTART 023.0 008.0 0 UT 1895 *** SEC. 23. The Legislature may provide for the publication of decisions and opinions of the Supreme Court, but all decisions shall be free to publishers. *** SEND *** *** SSTART 024.0 008.0 0 UT 1895 *** SEC. 24. The terms of office at Supreme and District Judges may be extended by law, but such extension shall not affect the term for which any judge was elected. *** SEND *** *** SSTART 025.0 008.0 0 UT 1895 *** SEC. 25. When a judgment or decree is reversed, modified or affirmed by the Supreme Court, the reasons therefor shall be stated concisely in writing, signed by the judges concurring, filed in the office of the Clerk of the Supreme Court, and preserved with a record of the case. Any judge dissenting therefrom, may give the reasons of his dissent in writing over his signature. *** SEND *** *** SSTART 026.0 008.0 0 UT 1895 *** SEC. 26. It shall be the duty of the court to prepare a syllabus of all the points adjudicated in each case, which shall be concurred in by a majority of the judges thereof, and it shall be prefixed to the published reports of the case. *** SEND *** *** SSTART 027.0 008.0 0 UT 1895 *** SEC. 27. Any judicial officer who shall absent himself from the State or district for more than ninety consecutive days, shall be deemed to have forfeited his office: Provided, That in case of extreme necessity, the Governor may extend the leave of absence to such time as the necessity therefor shall exist. *** SEND *** *** AEND *** *** ASTART 009.0 UT 1895 *** ARTICLE IX. CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT. *** SSTART 001.0 009.0 0 UT 1895 *** SEC. 1. One Representative in the Congress of the United States shall be elected from the State at large on the Tuesday next after the first Monday in November, A. D. 1895, and thereafter at such times and places, and in such manner as may be prescribed by law. When a new apportionment shall be made by Congress, the Legislature shall divide the State into congressional districts accordingly. *** SEND *** *** SSTART 002.0 009.0 0 UT 1895 *** SEC. 2. The Legislature shall provide by law for an enumeration of the inhabitants of the State, A. D. 1905, and every tenth year thereafter, and at the session next following such enumeration, and also at the session next following an enumeration made by the authority of the United States, shall revise and adjust the apportionment for Senators and Representatives on the basis of such enumeration according to ratios to be fixed by law. *** SEND *** *** SSTART 003.0 009.0 0 UT 1895 *** SEC. 3. The Senate shall consist of eighteen members, and the House of Representatives of forty-five members. The Legislature may increase the number of Senators and Representatives, but the Senators shall never exceed thirty in number, and the number of the Representatives shall never be less than twice nor greater than three times the number of Senators. *** SEND *** *** SSTART 004.0 009.0 0 UT 1895 *** SEC. 4. When more than one county shall constitute a Senatorial district, such counties shall be contiguous, and no county shall be divided in the formation of such districts unless such county contains insufficient population within itself to form two or more districts, nor shall a part of any county be united with any other county in forming any district. REPRESENTATIVE DISTRICTS. Until otherwise provided by law, Representatives shall be apportioned among the several counties of the State as follows: Provided, That in any future apportionment made by the Legislature, each country shall be entitled to at least one Representative. The County of Box Elder shall constitute the First Representative District, and be entitled to one representative. The County of Cache shall constitute the Second Representative District, and be entitled to three representatives. The County of Rich shall constitute the Third Representative District, and be entitled to one representative. The County of Weber shall constitute the Fourth Representative District, and be entitled to four representatives. The County of Morgan shall constitute the Fifth Representative District, and be entitled to one representative. The County of Davis shall constitute the Sixth Representative District, and be entitled to one representative. The County of Tooele shall constitute the Seventh Representative District, and be entitled to one representative. The County of Salt Lake shall constitute the Eighth Representative District, and be entitled to ten representatives. The County of Summit shall constitute the Ninth Representative District, and be entitled to one representative. The County of Wasatch shall constitute the Tenth Representative District, and be entitled to one representative. The County of Utah shall constitute the Eleventh Representative District, and be entitled to four representatives. The County of Uintah shall constitute the Twelfth Representative District, and be entitled to one representative. The County of Juab shall constitute the Thirteenth Representative District, and be entitled to one representative. The County of San Pete shall constitute the Fourteenth Representative District, and be entitled to two representatives. The County of Carbon shall constitute the Fifteenth Representative District, and be entitled to one representative. The County of Emery shall constitute the Sixteenth Representative District, and be entitled to one representative. The County of Grand shall constitute the Seventeenth Representative District, and be entitled to one representative. The County of Sevier shall constitute the Eighteenth Representative District, and be entitled to one representative. The County of Millard shall constitute the Nineteenth Representative District, and be entitled to one representative. The County of Beaver shall constitute the Twentieth Representative District, and be entitled to one representative. The County of Piute shall constitute the Twenty-first Representative District, and be entitled to one representative. The County of Wayne shall constitute the Twenty-second Representative District, and be entitled to one representative. The County of Garfield shall constitute the Twenty-third Representative District, and be entitled to one representative. The County of Iron shall constitute the Twenty-fourth Representative District, and be entitled to one representative. The County of Washington shall constitute the Twenty-fifth Representative District, and be entitled to one representative. The County of Kane shall constitute the Twenty-sixth Representative District, and be entitled to one representative. The County of San Juan shall constitute the Twenty-seventh Representative District, and be entitled to one representative. SENATORIAL DISTRICTS. Until otherwise provided by law, the Senatorial Districts shall be constituted and numbered as follows: The Counties of Box Elder and Tooele shall constitute the First District, and be entitled to one senator. The County of Cache shall constitute the Second District, and be entitled to one senator. The Counties of Rich, Morgan and Davis shall constitute the Third District, and be entitled to one senator. The County of Weber shall constitute the Fourth District, and be entitled to two senators. The Counties of Summit and Wasatch shall constitute the Fifth District, and be entitled to one senator. The County of Salt Lake shall constitute the Sixth District, and be entitled to five senators. The County of Utah shall constitute the Seventh District, and be entitled to two senators. The Counties of Juab and Millard shall constitute the Eighth District, and be entitled to one senator. The County of San Pete shall constitute the Ninth District, and be entitled to one senator. The Counties of Sevier, Wayne, Piute and Garfield shall constitute the Tenth District, and be entitled to one senator. The Counties of Beaver, Iron, Washington, and Kane shall constitute the Eleventh District, and be entitled to one senator. The Counties of Emery, Carbon, Uintah, Grand and San Juan shall constitute the Twelfth District, and be entitled to one senator. *** SEND *** *** AEND *** *** ASTART 010.0 UT 1895 *** ARTICLE X. EDUCATION. *** SSTART 001.0 010.0 0 UT 1895 *** SEC. 1. The Legislature shall provide for the establishment and maintenance of a uniform system of public schools, which shall be open to all children of the State, and free from sectarian control. *** SEND *** *** SSTART 002.0 010.0 0 UT 1895 *** SEC. 2. The Public School System shall include kindergarten schools; common schools, consisting of primary and grammar grades; high schools; an Agricultural College; a University, and such other schools as the Legislature may establish. The common schools shall be free. The other departments of the system shall be supported as provided by law: Provided, That high schools may be maintained free in all cities of the first and second class now constituting school districts, and in such other cities and districts as may be designated by the Legislature. But where the proportion of school monies apportioned or accruing to any city or district shall not be sufficient to maintain all the free schools in such city or district, the high school shall be supported by local taxation. *** SEND *** *** SSTART 003.0 010.0 0 UT 1895 *** SEC. 3. The proceeds of all lands that have been, or may be granted by the United States to this State, for the support of the common schools; the proceeds of all property that may accrue to the State by escheat or forfeiture; all unclaimed shares and dividends of any corporation unincorporated under the laws of this State; the proceeds of the sale of timber, minerals or other property from school and State lands, other than those granted for specific purposes; and the five per centum of the net proceeds of the sales of public lands lying within the State, which shall be sold by the United States, subsequent to the admission of this State into the Union, shall be and remain a perpetual fund, to be called the State School Fund, the interest of which only, together with such other means as the Legislature may provide, shall be distributed among the several school districts according to the school population to the school population residing therein. *** SEND *** *** SSTART 004.0 010.0 0 UT 1895 *** SEC. 4. The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated into said University and Agricultural College respectively. *** SEND *** *** SSTART 005.0 010.0 0 UT 1895 *** SEC. 5. The proceeds of the sale of lands reserved by an Acto of Congress, approved February 21st, 1855, for the establishment of the University of Utah, and of all the lands granted by an Act of Congress, approved July 16th, 1894, shall constitute permanent funds, to be safely invested and held by the State; and the income thereof shall be used exclusively for the support and maintenance of the different institutions and colleges, respectively, in accordance with the requirements and conditions of said acts of Congress. *** SEND *** *** SSTART 006.0 010.0 0 UT 1895 *** SEC. 6. In cities of the first and second class, the public school system shall be maintained and controlled, by the Board of Education of such cities, separate and apart from the counties in which said cities are located. *** SEND *** *** SSTART 007.0 010.0 0 UT 1895 *** SEC. 7. All Public School Funds shall be guaranteed by the State against loss or diversion. *** SEND *** *** SSTART 008.0 010.0 0 UT 1895 *** SEC. 8. The general control and supervision of the Public School System shall be vested in a State Board of Education, consisting of the Superintendent of Public Instruction, and such other persons as the Legislature may provide. *** SEND *** *** SSTART 009.0 010.0 0 UT 1895 *** SEC. 9. Neither the Legislature nor the State Board of Edducation shall have power to prescribe text books to be used in the common schools. *** SEND *** *** SSTART 010.0 010.0 0 UT 1895 *** SEC. 10. Institutions for the Deaf and Dumb, and for the Blind, are hereby established. All property belonging to the School for the Deaf and Dumb, heretofore connected with the University of Utah, shall be transferred to said Institution for the Deaf and Dumb. All the proceeds of the lands granted by the United States for the support of a Deaf and Dumb Asylum, and for an Institution for the Blind, shall be a perpetual fund for the maintenance of said Institutions. It shall be a trust fund, the principal of which shall remain inviolate, guaranteed by the State against loss by diversion. *** SEND *** *** SSTART 011.0 010.0 0 UT 1895 *** SEC. 11. The Metric System shall be taught in the public schools of the State. *** SEND *** *** SSTART 012.0 010.0 0 UT 1895 *** SEC. 12. Neither religious nor partisan test or qualification shall be required of any person as a condition of admission, as a teacher or student, into any public educational institution of the State. *** SEND *** *** SSTART 013.0 010.0 0 UT 1895 *** SEC. 13. Neither the Legislature nor any county, city, town, school district or other public corporation, shall make any appropriation to aid in the support of any school, seminary, academy, college, university or other institution, controlled in whole, or in part by any church, sect or denomination whatever. *** SEND *** *** AEND *** *** ASTART 011.0 UT 1895 *** ARTICLE XI. COUNTIES, CITIES AND TOWNS. *** SSTART 001.0 011.0 0 UT 1895 *** SEC. 1. 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. *** SEND *** *** SSTART 002.0 011.0 0 UT 1895 *** SEC. 2. 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 removal, and two-thirds of the votes cast on the proposition shall be required to re-locate a county seat. A proposition of removal shall not be submitted in the same county more than once in four years. *** SEND *** *** SSTART 003.0 011.0 0 UT 1895 *** SEC. 3. No territory shall be stricken from any county unless a majority of the voters living in such territory, as well as of the 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. *** SEND *** *** SSTART 004.0 011.0 0 UT 1895 *** SEC. 4. The Legislature shall establish a system of county government, which shall be uniform throughout the State, and by general laws shall provide for precinct and township organizations. *** SEND *** *** SSTART 005.0 011.0 0 UT 1895 *** SEC. 5. 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. *** SEND *** *** SSTART 006.0 011.0 0 UT 1895 *** SEC. 6. No municipal corporation shall directly or indirectly, lease, sell, alien or dispose of any water-works, water-rights, or sources of water supply now, or hereafter to be owned or controlled by it; but all such water-works, 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 if 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. *** SEND *** *** AEND *** *** ASTART 012.0 UT 1895 *** ARTICLE XII. CORPORATIONS. *** SSTART 001.0 012.0 0 UT 1895 *** SEC. 1. 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. *** SEND *** *** SSTART 002.0 012.0 0 UT 1895 *** SEC. 2. 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. *** SEND *** *** SSTART 003.0 012.0 0 UT 1895 *** SEC. 3. 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. *** SEND *** *** SSTART 004.0 012.0 0 UT 1895 *** SEC. 4. The term "Corporation," 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. *** SEND *** *** SSTART 005.0 012.0 0 UT 1895 *** SEC. 5. 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. *** SEND *** *** SSTART 006.0 012.0 0 UT 1895 *** SEC. 6. 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. *** SEND *** *** SSTART 007.0 012.0 0 UT 1895 *** SEC. 7. No corporation shall lease or alienate any franchise, so as to relieve the franchise or property held thereafter 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. *** SEND *** *** SSTART 008.0 012.0 0 UT 1895 *** SEC. 8. 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. *** SEND *** *** SSTART 009.0 012.0 0 UT 1895 *** SEC. 9. 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. *** SEND *** *** SSTART 010.0 012.0 0 UT 1895 *** SEC. 10. No corporation shall engage in any business other than that expressly authorized in its charter, or articles of incorporation. *** SEND *** *** SSTART 011.0 012.0 0 UT 1895 *** SEC. 11. 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 property of individuals. *** SEND *** *** SSTART 012.0 012.0 0 UT 1895 *** SEC. 12. 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. *** SEND *** *** SSTART 013.0 012.0 0 UT 1895 *** SEC. 13. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporations owning a competing line. *** SEND *** *** SSTART 014.0 012.0 0 UT 1895 *** SEC. 14. 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. *** SEND *** *** SSTART 015.0 012.0 0 UT 1895 *** SEC. 15. 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. *** SEND *** *** SSTART 016.0 012.0 0 UT 1895 *** SEC. 16. 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 trouble, without authority of law. *** SEND *** *** SSTART 017.0 012.0 0 UT 1895 *** SEC. 17. No officer, employee, attorney or agent of any corporation, company or association doing business under, or by virtue of any municipal charter or franchise, shall be eligible to or permitted to hold any municipal office, in the municipality granting such charter or franchise. *** SEND *** *** SSTART 018.0 012.0 0 UT 1895 *** SEC. 18. The stockholders in every corporation, and joint stock association for banking purposes, in addition to the amount of capital stock subscribed and fully paid by them, shall be individually responsible for an additional amount, equal to the amount of their stock in such corporation, for all its debts and liabilities of every kind. *** SEND *** *** SSTART 019.0 012.0 0 UT 1895 *** SEC. 19. 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. *** SEND *** *** SSTART 020.0 012.0 0 UT 1895 *** SEC. 20. 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. *** SEND *** *** AEND *** *** ASTART 013.0 UT 1895 *** ARTICLE XIII. REVENUE AND TAXATION. *** SSTART 001.0 013.0 0 UT 1895 *** SEC. 1. The fiscal year shall begin on the first day of January, unless changed by the Legislature. *** SEND *** *** SSTART 002.0 013.0 0 UT 1895 *** SEC. 2. All property in the State, not exempt under the laws of the United States, or under this Constitution, shall be taxed in proportion to its value, to be ascertained as provided by law. The word property, as used in this article, is hereby declared to include monies, credits, bonds, stocks, franchises and all matters and things (real, personal and mixed) capable of private ownership; but this shall not be so construed as to authorize the taxation of the stocks of any company or corporation, when the property of such company or corporation represented by such stocks, has been taxed. 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 principal of such debt, within twenty years from the final passage of the law creasing the debt. *** SEND *** *** SSTART 003.0 013.0 0 UT 1895 *** SEC. 3. The Legislature shall provide by law a uniform and equal rate of assessment and taxation on all property in the State, according to its value in money, and shall prescribe by general law such regulations as shall secure a just valuation for taxation of all property; so that every person and corporation shall pay a tax in proportion to the value of his, her or its property: Provided, That a deduction of debts from credits may be authorized: Provided further, That the property of the United States, of the State, counties, cities, towns, school districts, municipal corporations and public libraries, lots with the buildings thereon used exclusively for either religious work or charitable purposes, and places of burial not held or used for private or corporate benefit, shall be exempt from taxation. Ditches, canals, and flumes owned and used by individuals or corporations for irrigating lands owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed so long as they shall be owned, and used exclusively for such purpose. *** SEND *** *** SSTART 004.0 013.0 0 UT 1895 *** SEC. 4. All mines and mining claims, both placer and rock in place, containing or bearing gold, silver, copper, lead, coal or other valuable mineral deposits, after purchase thereof from the United States, shall be taxed at the price paid the United States therefor, unless the surface ground, or some part thereof, of such mine or claim, is used for other than mining purposes; in which case said surface shall be taxed at its value for such other purposes, as provided by law; and all the machinery used in mining, and all property and surface improvements upon or appurtenant to mines and mining claims, which have a value separate and independent of such mines or mining claims, and the net annual proceeds of all mines and mining claims, shall be taxed as provided by law. *** SEND *** *** SSTART 005.0 013.0 0 UT 1895 *** SEC. 5. 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. *** SEND *** *** SSTART 006.0 013.0 0 UT 1895 *** SEC. 6. An accurate statement of the receipts and expenditures of the public monies, shall be published annually in such manner as the Legislature may provide. *** SEND *** *** SSTART 007.0 013.0 0 UT 1895 *** SEC. 7. The rate of taxation on property, for State purposes, shall never exceed eight mills on each dollar of valuation; and whenever the taxable property within the State shall amount to two hundred million dollars, the rate shall not exceed five mills on each dollar of valuation; and whenever the taxable property within the State shall amount to three hundred million dollars, the rate shall never thereafter exceed four mills on each dollar of valuation; unless a proposition to increase such rate, specifying the rate proposed, and the time during which the same shall be levied, be first submitted to a vote of such of the qualified electors of the State, as in the year next preceding such election, shall have paid a property tax assessed to them within the State, and the majority of thos voting thereon shall vote in favor thereof, in such manner as may be provided by law. *** SEND *** *** SSTART 008.0 013.0 0 UT 1895 *** SEC. 8. The making of profit out of public monies, 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. *** SEND *** *** SSTART 009.0 013.0 0 UT 1895 *** SEC. 9. 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 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 section seven 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. *** SEND *** *** SSTART 010.0 013.0 0 UT 1895 *** SEC. 10. 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 or personal property owned or used by them within the territorial limits of the authority levying the tax. *** SEND *** *** SSTART 011.0 013.0 0 UT 1895 *** SEC. 11. Until otherwise provided by law, there shall be a State Board of Equalization, consisting of the Governor, State Auditor, State Treasurer, Secretary of State and Attorney- General; also in each county of this State, a County Board of Equalization, consisting of the Board of County Commissions of said county. The duty of the State Board of Equalization shall be to adjust and equalize the valuation of the real and personal property within their respective counties. Each Board shall also perform such other duties as may be prescribed by law. *** SEND *** *** SSTART 012.0 013.0 0 UT 1895 *** SEC. 12. 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 mortgages. *** SEND *** *** AEND *** *** ASTART 014.0 UT 1895 *** ARTICLE XIV. PUBLIC DEBT. *** SSTART 001.0 014.0 0 UT 1895 *** SEC. 1. 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 Sate, the State may contract debts, not exceeding in the aggregate at any one time, the sum of two hundred thousand dollars over and above the amount of the Territorial indebtedness assumed by the State. But when the said Territorial indebtedness shall have been paid, the State shall never contract any indebtedness, except as in the next section provided, in excess of the sum of two hundred thousand dollars, and all monies arising from loans herein authorized, shall be applied solely to the purposes for which they were obtained. *** SEND *** *** SSTART 002.0 014.0 0 UT 1895 *** SEC. 2. 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. *** SEND *** *** SSTART 003.0 014.0 0 UT 1895 *** SEC. 3. 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 been 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. *** SEND *** *** SSTART 004.0 014.0 0 UT 1895 *** SEC. 4. When authorized to create indebtedness as provided in section three 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 or town when authorized as provided in section three of this article, may be allowed, to incur a larger indebtedness not exceeding four 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. *** SEND *** *** SSTART 005.0 014.0 0 UT 1895 *** SEC. 5. All monies 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. *** SEND *** *** SSTART 006.0 014.0 0 UT 1895 *** SEC. 6. The State shall not assume the debt, or any part thereof, of any county, city, town or school district. *** SEND *** *** SSTART 007.0 014.0 0 UT 1895 *** SEC. 7. 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. *** SEND *** *** AEND *** *** ASTART 015.0 UT 1895 *** ARTICLE XV. MILITIA. *** SSTART 001.0 015.0 0 UT 1895 *** SEC. 1. 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. *** SEND *** *** SSTART 002.0 015.0 0 UT 1895 *** SEC. 2. 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. *** SEND *** *** AEND *** *** ASTART 016.0 UT 1895 *** ARTICLE XVI. LABOR. *** SSTART 001.0 016.0 0 UT 1895 *** SEC. 1. The rights of labor shall have just protection through laws calculated to promote the industrial welfare of the State. *** SEND *** *** SSTART 002.0 016.0 0 UT 1895 *** SEC. 2. 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. *** SEND *** *** SSTART 003.0 016.0 0 UT 1895 *** SEC. 3. The Legislature shall prohibit: (1) The employment of women, or of children under the age of fourteen years, in underground mines. (2) The contracting of convict labor. (3) The labor of convicts outside prison grounds, except on public works under the direct control of the State. (4) The political and commercial control of employees. *** SEND *** *** SSTART 004.0 016.0 0 UT 1895 *** SEC. 4. The exchange of blacklists by railroad companies or other corporations, associations or persons is prohibited. *** SEND *** *** SSTART 005.0 016.0 0 UT 1895 *** SEC. 5. 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. *** SEND *** *** SSTART 006.0 016.0 0 UT 1895 *** SEC. 6. Eight hours shall constitute a days 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. *** SEND *** *** SSTART 007.0 016.0 0 UT 1895 *** SEC. 7. The Legislature, by appropriate legislation, shall provide for the enforcement of the provisions of this article. *** SEND *** *** AEND *** *** ASTART 017.0 UT 1895 *** ARTICLE XVII. WATER RIGHTS. *** SSTART 001.0 017.0 0 UT 1895 *** SEC. 1. 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. *** SEND *** *** AEND *** *** ASTART 018.0 UT 1895 *** ARTICLE XVIII. FORESTRY. *** SSTART 001.0 018.0 0 UT 1895 *** SEC. 1. 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. *** SEND *** *** AEND *** *** ASTART 019.0 UT 1895 *** ARTICLE XIX. PUBLIC BUILDINGS AND STATE INSTITUTIONS. *** SSTART 001.0 019.0 0 UT 1895 *** SEC. 1. All institutions and other property of the Territory, upon the adoption of this Constitution, shall become the institutions and property of the State of Utah. *** SEND *** *** SSTART 002.0 019.0 0 UT 1895 *** SEC. 2. Reformatory and penal institutions, and those for the benefit of the insane, blind, deaf and bumb, and such other institutions as the public good may require, shall be established and supported by the State in such manner, and under such boards of control as may be prescribed by law. *** SEND *** *** SSTART 003.0 019.0 0 UT 1895 *** SEC. 3. The Public Institutions of the State are hereby permanently located at the places hereinafter named, each to have the lands specifically granted to it by the United States, in the Act of Congress, approved July 16th, 1894, to be disposed of and used in such manner as the Legislature may provide: First: The seat of government and the State Fair at Salt Lake City, and the State Prison in the County of Salt Lake. Second: The Institutions for the Deaf and Dumb, and the Blind, and the State Reform School at Ogden City, in the County of Weber. Third: The State Insane Asylum at Provo City, in the County of Utah. *** SEND *** *** AEND *** *** ASTART 020.0 UT 1895 *** ARTICLE XX. PUBLIC LANDS. *** SSTART 001.0 020.0 0 UT 1895 *** SEC. 1. 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, form 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. *** SEND *** *** AEND *** *** ASTART 021.0 UT 1895 *** ARTICLE XXI. SALARIES. *** SSTART 001.0 021.0 0 UT 1895 *** SEC. 1. All State, district, city, county, ton and school officers, excepting notaries public, boards of arbitration, court commissioners, justices of the peace and constables, shall be paid fixed and definite salaries: Provided, That city justices may be paid by salaries when so determined by the mayor and council of such cities. *** SEND *** *** SSTART 002.0 021.0 0 UT 1895 *** SEC. 2. The Legislature shall provide by law, the fees which shall be collected by all officers within the State. Notaries public, boards of arbitration, court commissioners, justices of the peace, and constables paid by fees, shall accept said fees as their full compensation. But all other 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. *** SEND *** *** AEND *** *** ASTART 022.0 UT 1895 *** ARTICLE XXII. MISCELLANEOUS. *** SSTART 001.0 022.0 0 UT 1895 *** SEC. 1. The Legislature shall provide, by law, for the selection by each head of a family, and exemption of a homestead, which may consist of one of more parcels of land, together with the appurtenances and improvements thereon, of the value of at least fifteen hundred dollars, from sale on execution. *** SEND *** *** SSTART 002.0 022.0 0 UT 1895 *** SEC. 2. 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 *** SEND *** *** AEND *** *** ASTART 023.0 UT 1895 *** ARTICLE XXIII. AMENDMENTS. *** SSTART 001.0 023.0 0 UT 1895 *** SEC. 1. 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. If two or more amendments are proposed, they shall be so submitted as to enable the electors to vote on each of them separately. *** SEND *** *** SSTART 002.0 023.0 0 UT 1895 *** SEC. 2. Whenever two-thirds of the members, elected to each branch of the Legislature, shall deem it necessary to call a convention, and, if a majority of all the electors, voting at such election, shall note for a convention, the Legislature, at its next session, shall provide by law calling the same. The convention shall consist of not less than the number of members in both branches of the Legislature. *** SEND *** *** SSTART 003.0 023.0 0 UT 1895 *** SEC. 3. 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. *** SEND *** *** AEND *** *** ASTART 024.0 UT 1895 *** ARTICLE XXIV. SCHEDULE. *** SSTART 001.0 024.0 0 UT 1895 *** SEC. 1. 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. *** SEND *** *** SSTART 002.0 024.0 0 UT 1895 *** SEC. 2. 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 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. *** SEND *** *** SSTART 003.0 024.0 0 UT 1895 *** SEC. 3. 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. *** SEND *** *** SSTART 004.0 024.0 0 UT 1895 *** SEC. 4. All fines, penalties and forfeitures accruing to the Territory of Utah, or 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. *** SEND *** *** SSTART 005.0 024.0 0 UT 1895 *** SEC. 5. 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, to any other officer or court in his ow their official capacity, or to an official board for the benefit of the Territory of Utah, or the people thereof, shall pass to the Governor or other officer, court of board, and his or their successors 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, or whatsoever description; and all records and public archives of the Territory of Utah, shall issue and vest in the State of Utah, and maybe 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 enforced under the laws of the State. *** SEND *** *** SSTART 006.0 024.0 0 UT 1895 *** SEC. 6. 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 judgement 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 the authority of the State and Utah, with like effect as though some change had not taken place, and all penalties incurred shall remain the same, if this Constitution hd not been adopted. *** SEND *** *** SSTART 007.0 024.0 0 UT 1895 *** SEC. 7. All actions, cases, proceedings and matters, pending in the Supreme and District Courts of the Territory of Utah, at the time this 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 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, indictmens 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 the 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. *** SEND *** *** SSTART 008.0 024.0 0 UT 1895 *** SEC. 8. 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. *** SEND *** *** SSTART 009.0 024.0 0 UT 1895 *** SEC. 9. 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 law of the Territory. The District Court 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. *** SEND *** *** SSTART 010.0 024.0 0 UT 1895 *** SEC. 10. 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. *** SEND *** *** SSTART 011.0 024.0 0 UT 1895 *** SEC. 11. 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 the total number of votes cast in each county. *** SEND *** *** SSTART 012.0 024.0 0 UT 1895 *** SEC. 12. 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 Congress. *** SEND *** *** SSTART 013.0 024.0 0 UT 1895 *** SEC. 13. 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. *** SEND *** *** SSTART 014.0 024.0 0 UT 1895 *** SEC. 14. This Constitution shall be submitted for adoption or rejection, to a vote of the qualified electors of the proposed State, at the next general election to be held on the Tuesday next after the first Monday in November, A. D. 1895. At the 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." *** SEND *** *** SSTART 015.0 024.0 0 UT 1895 *** SEC. 15. 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. *** SEND *** *** SSTART 016.0 024.0 0 UT 1895 *** SEC. 16. The provisions of this Constitution shall be in force from the day on which the President of the United States shall issue a 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. John Henry Smith, President *** SEND *** *** AEND *** AMENDMENTS *** MSTART 001 001.0 006.0 0 UT 1895 1900 *** 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 Stat 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 law-making body of said legal subdivision to be submitted to the voters thereof before such law or ordinance shall take effect. (Amendment adopted Nov. 6, 1900) *** MEND *** *** MSTART 002 022.0 006.0 0 UT 1895 1900 *** SEC. 22. [Enacting Clause. Passage and amendments of law.] The enacting clause of every law shall be, "Be it enacted by the Legislature of the State of Utah." Except such laws as may be passed by the vote of the electors as provided in subdivision 2, section 1 of this article, and such laws shall begin as follows: "Be it enacted by the people of the State of Utah." 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, and after it has been read three times. The vote upon the final passage of all bills shall be by yeas and nays; and no law shall be revised or amended by reference to its title only; but the act as revised or amended by reference to its title only; but the act as revised, or section as amended, shall be re-enacted and published at length. (Amendment adopted Nov. 6, 1900) *** MEND *** *** MSTART 003 006.0 010.0 0 UT 1895 1900 *** SEC. 6 [Control and maintenance of public schools.] In cities of the first and second class the public school system shall be controlled by the Board of Education of such cities, separate and apart from the counties in which said cities are located. (Amendment adopted Nov. 6, 1900) *** MEND *** *** MSTART 004 003.0 013.0 0 UT 1895 1900 *** SEC. 3. [Legislature to provide uniform law. Exemptions.] The Legislature shall provide by law a uniform and equal rate of assessment and taxation on all property in the State, according to its value in money, and shall prescribe by general law such regulations as shall secure a just valuation for taxation of all property, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property: provided that a deduction of debits from credits may be authorized: Provided further, that the property of municipal corporations and public libraries, lots with the buildings thereon used exclusively for either religious worship or charitable purposes, and places of burial not held or used for private or corporate benefit, shall be exempt from taxation. Ditches, canals, reservoirs, pipes and flumes owned and used by individuals or corporations for irrigating lands owned by such individuals or corporations, or the individual members thereof, shall no be separately taxed so long as they shall be owned and used exclusively for such purpose. Provided further, that the taxes of the indigent poor may be remitted or abated at such time and in such manner as may be provided by law. (Amendment adopted Nov. 6, 1900) *** MEND *** *** MSTART 005 002.0 010.0 0 UT 1895 1906 *** SEC. 2. [Public school system. Maintenance.] The Public School system shall include kindergarten schools, common schools, consisting of primary and grammar grades, High Schools, an Agricultural College, a University, and such other school as the Legislature may establish. The common schools shall be free. The other departments of the system shall be supported as provided by law. Provided, That High Schools may be maintained free in all cities of the first and second class now constituting school districts, and in such other cities and districts as may be designated by the Legislature. But where the proportion of school monies apportioned or accruing to any city or district shall not be sufficient to maintain all the free schools in such city or district, the High Schools shall be supported by local attraction; Provided, That when any cities or districts shall establish High Schools, the Legislature may authorize the use of State school funds to assist in supporting such schools, said funds being apportioned to the cities or districts concerned, by the State Board of Education. (Amendment adopted Nov. 6, 1906) *** MEND *** *** MSTART 006 003.0 013.0 0 UT 1895 1906 *** SEC. 3. [Legislature to provide uniform tax. Exemptions.] The legislature shall provide by law a uniform and equal rate of assessment and taxation on all property in the state, according to its value in money, any shall prescribe by general law such regulations as shall secure a just valuation for taxation of all property, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property. Provided, that a deduction of debits from credits may be authorized; Provided, further, that the property of the United States, of the state, counties, cities, towns, school districts, municipal corporations and public libraries, lots with the buildings theron used exclusively for either religious worship or charitable purposes, and places of burial not held or used for private or corporate benefit, shall be exempt from taxation. Ditches, canals, reservoirs, pipes and flumes owned and used by individuals or corporations for irrigating lands owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed as long as they shall be owned and used exclusively for such purpose; Provided, further, that mortgages upon both real and personal property shall be exempt from taxation; Provided, further, that the taxes of the indigent poor may be remitted or abated at such time and in such manner as may be provided by law. (Amendment adopted Nov. 6, 1906) *** MEND *** *** MSTART 007 012.0 013.0 0 UT 1895 1906 *** SEC. 12. [Stamp, income, license or franchise tax permissable.] Nothing in this Constitution shall be construed to prevent the Legislature from providing a stamp tax, or a tax based on income, occupations, licenses or franchises. (Amendment adopted Nov. 6, 1906) *** MEND ** *** MSTART 008 004.0 013.0 0 UT 1895 1908 *** SEC. 4. [Taxation of mines and mining property.] All mines and mining claims, both placer and rock in place, containing or bearing Gold, Silver, Copper, Lead, Coal or other valuable mineral deposits, after purchase thereof from the United States therefor, unless the surface ground, or some part thereof, of such mine or claim, is used for other than mining purposes, and has a separate and independent value for such other purposes; in which case said surface ground, or any part thereof, so used for other than mining purposes, shall be taxed at its value for such other purposes, as provided by law; and all the machinery used in mining, and all property and surface improvements upon or appurtenant to mines and mining claims, which have a value separate and independent of all such mines or mining claims and the net annual proceeds of all mines and mining claims, shall be taxed by the State Board of Equalization. (Amendment adopted Nov. 3, 1908) *** MEND *** *** MSTART 009 002.0 010.0 0 UT 1895 1911 *** SEC. 2. [Defining the public education system and the higher education system Fees in secondary schools allowed.] The public school system shall include kindergarten schools; common schools, consisting of primary and grammar grades, high schools, an agricultural college; a university; and such other schools as the Legislature may establish. The common schools shall be free. The other departments of the system shall be supported as provided by law. (Amended 1/1/1911) *** MEND *** *** MSTART 010 003.0 010.0 0 UT 1895 1911 *** SEC. 3. [Declaring what shall constitute the state school fund, and providing the apportionment of high school funds.] The proceeds of all lands that have been or may be granted by the United States to this State, for the support of the common schools; the proceeds of all property that may accrue to the State by escheat or forfeiture; all unclaimed shares and dividends of any corporation incorporated under the laws of this State; the proceeds of the sale of timber, mineral or other property from school and State lands, other than those granted for specific purposes; and five per centum of the net proceeds of the sale of public lands lying within the State, which shall be sold by the United States, subsequent to the admission of this State into the Union, shall be and remain a perpetual fund, to be called the State School Fund, the interest of which only, together with such other means as the Legislature may provide, shall be distributed among the several school districts according to the school population residing therein. Provided, that all funds derived from any State tax for high schools shall be apportioned among the several cities and school districts according to the attendance at the high schools therein; but no city or district shall be entitled to any part of the fund derived from the State tax for high schools unless the high school therein is maintained upon the standard and for the period during the year that may be fixed by the State Board of Education. (Amended 1/1/1911) *** MEND *** *** MSTART 011 001.0 014.0 0 UT 1895 1911 *** SEC. 1. [Fixing the limit of the state indebtedness.] To meet casual deficits or failure 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 moneys arising from loans herein authorized, shall be applied solely to the purposes for which they were obtained. (Amended 1/1/1911) *** MEND *** *** MSTART 012 004.0 014.0 0 UT 1895 1911 *** SEC. 4. [Fixing the limit of indebtedness of counties, cities, towns and school districts]. When authorized to create indebtedness as provided in Section 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 corporations, shall become indebted to an amount, including existing indebted, 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 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 Section three 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, lights and sewers, shall be owned and controlled by the municipality. (Amended 1/1/1911) *** MEND *** *** MSTART 013 011.0 013.0 0 UT 1895 1913 *** SEC. 11. [State Board of Equalization Governor to appoint Terms.] Until otherwise provided by law, there shall be a State Board of Equalization consisting of four residents of the State who shall be appointed by the Governor, by and with the consent of the Senate, whose terms of office shall be for four years and until their successors are appointed and qualified, provided that two of said members shall be appointed every two years. There shall also be in each county of the State a County Board of Equalization, consisting of the Board of County Commissioners of said county. The duty of the State Board of Equalization and of the several County Boards of Equalization shall be to adjust and equalize the valuation of the real and personal property of the State and of the several counties thereof, as may be provided by law. (Amended 1/1/1913) *** MEND *** *** MSTART 014 003.0 022.0 0 UT 1895 1919 *** SEC. 3. [Prohibition and regulation of sale, manufacture, use, advertisement of, possession of or traffic in intoxicating liquors.] The manufacture, sale, keeping or storing for sale, or offering or exposing for sale, or importing, carrying, transporting, advertising, distributing, giving away; exchanging, dispensing, or serving of all fermented, malt, vinous or spirituous liquors, alcohol, wine, porter, ale, beer, absinthe or any other intoxicating drink, mixture or preparation of like nature; and all liquors, mixtures, or preparations, whether patented or not, which will produce intoxication; fruits preserved in alcoholic liquors of any kind; and all beverages containing in excess of one-half of one per centum of alcohol by volume; and all mixtures, compounds or preparations, whether liquid or not, which are intended when mixed with water, or otherwise, to produce by fermentation or otherwise an intoxicating liquor, are hereby forever prohibited in the State, except alcohol for scientific and manufacturing purposes, and wine used for sacramental purposes. (Amended 1/1/1919) *** MEND *** *** MSTART 015 005.0 016.0 0 UT 1895 1921 *** 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 by law. (Amended 1/1/1921) *** MEND *** *** MSTART 016 013.0 006.0 0 UT 1895 1931 *** 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. (Amended 1/1/1931) *** MEND *** *** MSTART 017 003.0 010.0 0 UT 1895 1931 *** SEC. 3. [State school fund.] The proceeds of all lands that have been or may be granted by the United States to this State, for the support of the common schools; the proceeds of all property that may accrue to the State by escheat or forfeiture; all unclaimed shares and dividends of any corporation incorporated under the laws of this State; the proceeds of any sale of timber, mineral or other property from school and State lands, other than those granted for specific purposes; and five per centum of the net proceeds of the sale of public lands lying within the State, which shall be sold by the United States, subsequent to the admission of this State into the Union shall be and remain a perpetual fund, to be called the State school fund, the interest of which only, shall be distributed among the several school districts according to the school population residing therein. Provided, that all funds derived from any State tax for high schools shall be apportioned among the several cities and school districts according to the attendance at the high schools therein; but no city or district shall be entitled to any part of the fund derived from the State tax for high schools unless the high school therein is maintained upon the standard and for the period during the year that may be fixed by the State board of education. (Amended 1/1/1931) *** MEND *** *** MSTART 018 002.0 013.0 0 UT 1895 1931 *** SEC. 2. [Tangible property to be taxed how value ascertained properties exempt legislature to provide annual tax for State.] All tangible property in the State, not exempt under the laws of the United States, or under this constitution, shall be taxed in proportion to its value, to be ascertained as provided by law. The property of the United States, of the State, counties, cities, towns, school districts, municipal corporations and public libraries, lots with the buildings thereon used exclusively for either religious worship or charitable purposes, and places of burial not held or used for private or corporate benefit, shall be exempt from taxation. Water rights, ditches, canals, reservoirs, power plants, pumping plants, transmission lines, pipes and flumes owned and used by individuals or corporations for irrigating lands within the State owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed as long as they shall be owned and used exclusively for such purposes. 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. The taxes of the indigent poor may be remitted or abated at such times and in such manner as may be provided by law. The legislature may provide for the exemption from taxation of homes, homesteads, and personal property, not to exceed two hundred fifty dollars in value for homes and homesteads, and one hundred dollars for personal property. Property not to exceed $3,000 in value, owned by disabled persons who served in any war in the military service of the United States of the State of Utah and by the unmarried widows and minor orphans of such persons may be exempted as the legislature may provide. 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 by, 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. (Amended 1/1/1931) *** MEND *** *** MSTART 019 003.0 013.0 0 UT 1895 1931 *** SEC. 3. [Assessment and taxation of tangible property regulation rate deductions exemptions personal income tax rates disposition of revenues.] The legislature shall provide by a law a uniform and equal rate of assessment and taxation on all tangible property in the State, according to its value in money, and shall prescribe by law such regulations as shall secure a just valuation for taxation of such property, so that every person and corporation shall pay a tax in proportion to the value of his, her, or its tangible property , provided that the legislature may determine this manner and extent of taxing transient live stock and live stock being fed for slaughter to be used for human consumption. Intangible property may be exempted from taxation as property or it may be taxed in such manner and to such extent as the legislature may provide. Provided that if intangible property be taxed as property the rate thereof shall not exceed five mills on each dollar of valuation. When exempted from taxation as property, the taxable income therefrom shall be taxed under any tax based on incomes, but when taxed by the State of Utah as property, the income therefrom shall not also be taxed. The legislature may provide for deductions, exemptions, and/or offsets on any tax based upon income. The personal income tax rates shall be graduated but the maximum rate shall not exceed six per cent of net income. The rate limitations herein contained for taxes based on income and for taxes on intangible property shall be effective until January 1, 1937, and thereafter until changed by law by a vote of the majority of the members elected to each house of the legislature. All revenue received from taxes on income or from taxes on intangible property shall be allocated as follows: 75 per cent thereof to the State district school fund and 25 per cent thereof to the State general fund and the State levies for such purposes shall be reduced annually in proportion to the revenues so allocated; provided that any surplus above the revenue required for the State district school fund as provided in Section 7 of this Article shall be paid into the State general fund. (Amended 1/1/1931) *** MEND *** *** MSTART 020 004.0 013.0 0 UT 1895 1931 *** 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; provided, 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. (Amended 1/1/1931) *** MEND *** *** MSTART 021 011.0 013.0 0 UT 1895 1931 *** 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 establish systems of public accounting, review proposed bond issues, revise the tax levies and budgets 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 the 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 commissions 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 powers as may be prescribed by the legislature. (Amended 1/1/1931) *** MEND *** *** MSTART 022 008.0 016.0 0 UT 1895 1935 *** 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, health, 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. (Amended 1/1/1935) *** MEND *** *** MSTART 023 003.0 022.0 0 UT 1895 1935 *** SEC. 3. [Prohibition and regulation of sale, manufacture, use, advertisement of, possession of or traffic in intoxicating liquors.] Repealed. (Repealed 1/1/1935) *** MEND *** *** MSTART 024 003.0 010.0 0 UT 1895 1939 *** SEC. 3.[Proceeds of lands and other property Permanent fund Uniform school fund.] The proceeds of the sales of all lands that have been or may hereafter be granted by the United States to this state, for the support of the common schools, and five per centum of the net proceeds of the sales of United States public lands lying within the sate and sold by the United States subsequent to the admission of this state into the Union, shall be and remain a permanent fund, to be called te State School Fund, the interest of which only, shall be expended for the support of the common schools. The interest on the State School Fund, the proceeds of all property that may accrue to the state by escheat or forfeiture, all unclaimed shares and dividends of any corporation incorporated under the laws of this state, the proceeds of the sales of timber, and the proceeds of the sale or other disposition of minerals or other property from school and state lands, other than those granted for specific purposes, shall with such other revenues as the Legislature may from time to time allot thereto, constitute a fund to be known as the Uniform School Fund, which Uniform School Fund shall be maintained and used for the support of the common and public schools of the state and apportioned in such manner as the Legislature shall provide. The provisions of Section 7, Article XIII of this Constitution shall be construed as a limitation on the rate of taxation on tangible property for district school purposes and not on the amount of funds available therefor and, further, no moneys allocated to the Uniform School Fund shall be considered in fixing the rates of taxation specified in Section 7 of Article XIII. (Amended 1/1/939) *** MEND *** *** MSTART 025 018.0 012.0 0 UT 1895 1941 *** 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 of 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. (Amended 1/1/1941) *** MEND *** *** MSTART 026 009.0 006.0 0 UT 1895 1945 *** SEC. 9. [Compensation of legislators.] The members of the Legislature shall receive such compensation and mileage as the Legislature may provide, not exceeding $300.00 per year, and ten cents per mile for the distance necessarily traveled going to and returning from the place of meeting on the most usual route, and they shall receive no other pay or perquisite. (Amended 1/1/1945) *** MEND *** *** MSTART 027 010.0 007.0 0 UT 1895 1945 *** SEC. 10. [Governor's appointive power] The governor shall nominate, and by and with the 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 fit person to discharge the duties thereof until the next meeting of the senate, when he shall nominate some person to fill such office. If the office of secretary of the state, state auditor, state treasurer, attorney-general or superintendent of public instruction be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified, as may be by law provided. (Amended 1/1/1945) *** MEND *** *** MSTART 028 002.0 008.0 0 UT 1895 1945 *** SEC. 2. [Supreme Court Chief justice Declaring law unconstitutional Justice unable to participate.] The supreme court shall consist of five judges, which number may be increased or decreased by the legislature, but no alteration or increase shall have the effect of removing a judge from office. A majority of the judges constituting the court shall be necessary to form a quorum or render a decision. If a justice of the supreme court shall be disqualified from sitting in a cause before said court, the remaining judges shall call a district judge to sit with them on the hearing of such cause. Every judge of the supreme court shall be at least thirty years of age, an active member of the bar, in good standing, learned in the law, and a resident of the state of Utah for the five years next preceding his selection. The judge having the shortest term to serve, not holding his office by selection to fill a vacancy before expiration of a regular term, shall be the chief justice, and shall preside at all terms of the supreme court, and in case of his absence, the judge having in like manner, the next shortest term, shall preside in his stead. (Amended 1/1/1945) *** MEND *** *** MSTART 029 003.0 008.0 0 UT 1895 1945 *** SEC. 3. [Jurisdiction of supreme court.] Judges of the supreme court and district courts shall be selected for such terms and in such manner as shall be provided by law, provided however, that selection shall be based solely upon consideration of fitness for office without regard to any partisan political considerations and free from influence of any person whomsoever, and provided further that the method of electing such judges in effect when this amendment is adopted shall be followed until changed by law. (Amended 1/1/1945) *** MEND *** *** MSTART 030 005.0 008.0 0 UT 1895 1945 *** SEC. 5. [Jurisdiction of district court and other courts Right of appeal]. The state shall be divided into seven judicial districts, for each of which, at least one judge shall be selected as herinbefore provided. Until otherwise provided by law, a district court at the county seat of each county shall be held at least four times a year. All civil and criminal business arising in any county, must be tried in such county, unless a change of venue be taken, in such cases as may be provided by law. Each judge of a district court shall be at least twenty-five years of age, an active member of the bar in good standing, learned in the law, a resident of the state of Utah three years next preceding his selection, and shall reside in the district for which he shall be selected. Any district judge may hold a district court in any county at the request of the judge of the district, and, upon a request of the governor it shall be his duty to do so. Any cause in the district court may be tried by a judge pro tempore, who must be a member of the bar, sworn to try the cause, and agreed upon by the parties, or their attorneys of record. (Amended 1/1/1945) *** MEND *** *** MSTART 031 006.0 008.0 0 UT 1895 1945 *** SEC. 6. [Number of judges of district court and other courts Divisions.] The legislature may change the limits of any judicial district, or increase or decrease the number of districts, or the judges thereof. No alteration or increase shall have the effect of removing a judge from office. In every additional district established, a judge or judges shall be selected as provided in section 3 of this article. (Amended 1/1/1945) *** MEND *** *** MSTART 032 012.0 008.0 0 UT 1895 1945 *** SEC. 12. [Compensation of justices and judges.] The judges of the Supreme and District Courts shall receive at stated times compensation for their services, which shall not diminished during the time for which they are selected. (Amended 1/1/1945) *** MEND *** *** MSTART 033 004.0 003.0 0 UT 1895 1947 *** SEC. 4 [Ordinance Right to public domain disclaimed Taxation of lands Exemption.] 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. (Amended 1/1/1947) *** MEND *** *** MSTART 034 020.0 007.0 0 UT 1895 1947 *** SEC. 20. [Compensation of state officers.] The Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Superintendent of Public Instruction and such other State and district officers as may be provided for by law, shall receive for their services monthly, 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 their respective terms of office. No such officer shall receive for the performance of any official duty any fee for his own 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 State in the performance of official duty. (Amended 1/1/947) *** MEND *** *** MSTART 035 012.0 008.0 0 UT 1895 1947 *** SEC. 12 [Salaries of Judges of the Supreme and District Courts.] The Judges of the Supreme and District Courts shall receive at stated times compensation for their services, which shall not be diminished during the term for which they are selected. (Amended 1/1/1947) *** MEND *** *** MSTART 036 002.0 013.0 0 UT 1895 1947 *** SEC. 2. [Tangible property to be taxed Authorizing taxation of United States property in Utah.] All tangible property in the state, not exempt under the laws of the United States, or under this constitution, shall be taxed in proportion to its value, to be ascertained as provided by law. The property of the state, counties, cities, towns, school districts, municipal corporations and public libraries, lots with the buildings thereon used exclusively for either religious worship or charitable purposes, and places of burial not held or used for private or corporate benefit, shall be exempt from taxation. Water rights, ditches, canals, reservoirs, power plants, pumping plants, transmission lines, pipes and flumes owned and used by individuals or corporations for irrigating lands within the state owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed as long as they shall be owned and used exclusively for such purposes. 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. The taxes of the indigent poor may be remitted or abated at such times and in such manner as may be provided by law. The legislature may provide or the exemption from taxation of homes, homesteads, and personal property, not to exceed $2,000 in value for homes and homesteads, and $300 for personal property. Property not to exceed $3,000 in value, 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 persons may be exempted as the legislature may provide. 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 form the final passage of the law creating the debt. (Amended 1/1/1947) *** MEND *** *** MSTART 037 003.0 013.0 0 UT 1895 1947 *** SEC. 3. [Assessment and taxation of tangible property Allocation of revenues received from taxes on income and on intangible property.] The Legislature shall provide by law a uniform and equal rate of assessment and taxation on all tangible property in the State, according to its value in money, and shall prescribe by law such regulation as shall secure a just valuation for taxation of such property, so that every person and corporation shall pay a tax in proportion to the value of his, her, or its tangible property, provided that the Legislature may determine the manner and extent of taxing transient live stock and live stock being fed for slaughter to be used for human consumption. Intangible property may be exempted from taxation as property or it may be taxed in such manner and to such extent as the Legislature may provide. Provided that if intangible property be taxed as property the rate thereof shall not exceed five mills on each dollar of valuation. When exempted from taxation as property, the taxable income therefrom shall be taxed under any tax based on incomes, but when taxed by the State of Utah as property, the income therefrom shall not also be taxed. The Legislature may provide for deductions, exemptions, and/or offsets on any tax based upon income. The personal income tax rates shall be graduated but the maximum rate shall not exceed six per cent of net income. No excise tax rate based upon income shall exceed four per cent on net income. The rate limitations herein contained for taxes based on income and ro taxes on intangible property shall be effective until January 1, 1937, and thereafter until changed by law by a vote of the majority of the members elected to each house of the Legislature. 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, Section 2 of this Constitution (Amended 1/1/1947) *** MEND *** *** MSTART 038 013.0 001.0 0 UT 1895 1949 *** 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. (Amended 1/1/1949) *** MEND *** *** MSTART 039 009.0 006.0 0 UT 1895 1951 *** SEC. 9. [Compensation of legislators.] The members of the Legislature shall receive such compensation not exceeding $500.00 a year for the legislative term and $5.00 a day expenses while actually in session, and mileage as provided by law. *** MEND *** *** MSTART 040 001.0 007.0 0 UT 1895 1951 *** SEC. 1. [Executive Department officers Terms, residence, and duties.] The Executive Department shall consist of Governor, Secretary of State, State Auditor, State Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning on the first Monday of January next after his election, except that the terms of office of those elected at the first election shall begin when the State shall be admitted into the Union, and shall end on the first Monday in January, A.D., 1901. The officers of the Executive Department, during their terms of office, shall reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law. (Amended 1/1/1951) *** MEND *** *** MSTART 041 010.0 007.0 0 UT 1895 1951 *** SEC. 10. [Governor's appointive power.] 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 occur 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 he shall nominate some person to fill such office. If the office of Secretary of State, State Auditor, State Treasurer or Attorney-General be vacated by death, resignation ro otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified, as may be by law provided (Amended 1/1/1951) *** MEND *** *** MSTART 042 020.0 007.0 0 UT 1895 1951 *** SEC. 20. [Compensation of state officers.] The Governor, Secretary of State, Auditor, Treasurer, Attorney General and such other State and district officers as may be provided for by law, shall receive for their services monthly, 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 fo any official duty any fee for his own 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 State in the performance of official duty. (Amended 1/1/1951) *** MEND *** *** MSTART 043 008.0 010.0 0 UT 1895 1951 *** SEC. 8. [Control of public education system by State Board of Education] The general control and supervision of the public school system shall be vested in a State Board of Education the members of which shall be elected as provided by law. The Board shall appoint the State Superintendent of Public Instruction who shall be the executive officer of the Board. (Amended 1/1/1951) *** MEND *** *** MSTART 044 002.0 013.0 0 UT 1895 1959 *** SEC. 2. [Tangible property to be taxed Exemptions.] All tangible property in the state, not exempt under the laws of the United States, or under this constitution, shall be taxed in proportion to its value, to be ascertained as provided by law. The property of the state, counties, cities, towns, school districts, municipal corporations and public libraries, lots with the buildings thereon used exclusively for either religious worship or charitable purposes, and places of burial not held or used for private or corporate benefit, shall be exempt from taxation. 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 individuals or corporations for irrigating and within the state owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed as long as they shall be owned and used exclusively for such purposes. 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 tot he 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. The taxes of the indigent poor may be remitted or abated at such times and in such manner as may be provided by law. The legislature may provide for the exemption from taxation of homes, homesteads, and personal property, not to exceed $2,000 in value for homes and homesteads, and all household furnishings, furniture, and equipment used exclusively by the owner therefor at his place of abode in maintaining a home for himself and family. Property not to exceed $3,000 in value, 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 persons may be exempted as the legislature may provide. 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 purposes 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. (Amended 1/1/1959) *** MEND *** *** MSTART 045 011.0 013.0 0 UT 1895 1959 *** 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 government 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. (Amended 1/1/1959) *** MEND *** *** MSTART 046 002.0 013.0 0 UT 1895 1963 *** SEC. 2. [Taxable properties to be taxed Exemptions.] All tangible property in the state, not exempt under the laws of the Untied States, or under this constitution, shall be taxed in proportion to its value, to be ascertained as provided by law. The property of the state, counties, cities, towns, school districts, municipal corporations and public libraries, lots with the buildings thereon used exclusively for either religious worship or charitable purposes, and places of burial not held or used for private or corporate benefit, shall be exempt from taxation. Water rights, ditches, canals, reservoirs, power plants, pumping plants, transmission lines, pipes and flumes owned and used by individuals or corporations for irrigating lands within the state owned by such individuals or corporations, or the individual members thereof, shall not be separately taxed as long as they shall be owned and used exclusively for such purposes. Power plants, power transmission lines and other property used for generating and delivering electrical power, a portion of which is used for furnishing power 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. The taxes of the indigent poor may be remitted or abated at such times and in such manner as may be provided by law. The legislature may provide for the exemption from taxation of homes, homesteads, and personal property, not to exceed $2000 in value for homes and homesteads, 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. Property not to exceed $3000 in value, 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. 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. (Amended 1/1/1963) *** MEND *** *** MSTART 047 013.0 013.0 0 UT 1895 1963 *** 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 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 percent of the total biennial revenues from motor fuel taxes, or (b) an amount equal to the 1959-1961 biennium. (Amended 1/1/1963) *** MEND *** *** MSTART 048 032.0 006.0 0 UT 1895 1965 *** SEC. 32. [Temporary succession to the powers and duties of public officers in periods of emergency resulting from disaster caused by enemy attack.] Notwithstanding any general or special provisions of the Constitution, the Legislature in order to insure continuity of state and local government operations in periods of emergency resulting from disaster caused by enemy attack shall have the power and immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such measures as may be necessary and proper for insuring the continuity of governmental operations including, but not limited to, the financing thereof; but subsections 1 and 2 of this section shall not permit the public officers so appointed to act or the measures so adopted to be in contravention of the Constitutions and applicable to the law. (Amended 1/1/1965) *** MEND *** *** MSTART 049 002.0 013.0 0 UT 1895 1965 *** SEC. 2. [Tangible property to be taxed Exemptions.] All tangible property in the state, not exempt under the laws of the United States, or under this constitution, shall be taxed in proportion to its value, to be ascertained as provided by law. The property of the state, counties, cities, towns, school districts, municipal corporations and public libraries, lots with the buildings thereon used exclusively for either religious or charitable purposes, and places of burial not held or used for private or corporate benefit, shall be exempt from taxation. 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 12 months may be deemed by law to have acquired no sites in Utah for purposes of ad valorem property taxation and may be expected by law from such taxation, whether manufactured, processed or produced or otherwise originating within or without the state. 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 not be separately taxed so long as they shall be owned and used exclusively for such purposes. 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 regulation s as the legislature may prescribe. The taxes of the indigent poor may be remitted or abated at such times and in such manner as may be provided by law. The legislature may provide for the exemption from taxation of homes, homesteads, and personal property, not to exceed $2,000 in value of homes and homesteads, 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. Property not to exceed $3,000 in value, 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 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. 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. (Amended 1/1/1965) *** MEND *** *** MSTART 050 002.0 006.0 0 UT 1895 1969 *** SEC. 2. [Time of general sessions.] Sessions of the Legislature shall be held annually at the seat of government and shall begin on the second Monday in January. A general session shall be held during odd-numbered years, and a budget session shall be held during even-numbered years. Legislation not directly related to the state budget may be considered by the Legislature during budget sessions only if permitted by a joint resolution passed by two-thirds of the members elected to each house. (Amended 1/1/1969) *** MEND *** *** MSTART 051 009.0 006.0 0 UT 1895 1969 *** SEC. 9. [Compensation of legislators.] The 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. (Amended 1/1/1969) *** MEND *** *** MSTART 052 016.0 006.0 0 UT 1895 1969 *** SEC. 16 . [Duration of sessions.] No general session of the Legislature shall exceed sixty calendar days, except in cases of impeachment. No budget session shall exceed twenty calendar days, except in cases of impeachment. No special session shall exceed thirty calendar days, except in cases of impeachment. When any session of the Legislature trying cases of impeachment exceeds the number of calendar days it may remain in session as provided in this section, the members shall receive for compensation only the usual per diem expenses and mileage. (Amended 1/1/969) *** MEND *** *** MSTART 053 028.0 008.0 0 UT 1895 1969 *** SEC. 28. [Mandatory retirement of judges from office.] The Legislature may provide uniform standards for mandatory retirement and for removal of judges from office. Legislation implementing this section shall be applicable only to conduct occurring subsequent to the effective date of such legislation. Any determination requiring the retirement or removal of a judge from office shall be subject to review, as to both law and facts, by the Supreme Court. This section is additional to, and cumulative with, the methods of removal of justices and judges provided in Sections 11 and 27 of this article. (Amended 1/1/1969) *** MEND *** *** MSTART 054 002.0 013.0 0 UT 1895 1969 *** 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.] All tangible property in the state, not exempt under the laws of the United States, or under this constitution, shall be taxed in proportion to its value, to be ascertained, as provided by law. The property of the state, counties, cities, towns, school districts, municipal corporations and public libraries, lots with the buildings thereon used exclusively for either religious worship or charitable purposes, and places of burial not held or used for private or corporate benefit, shall be exempt from taxation. Tangible personal property present in Utah on January 1, m., 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. 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. 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 not be separately taxed so long as they shall be owned and used exclusively for such purposes. 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. The taxes of the indigent poor may be remitted or abated at such times and in such manner as may be provided by law. The legislature may provide for the exemption from taxation of homes, homesteads, and personal property, not to exceed $2,000 in value for homes, homesteads, 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 his family. Property not to exceed $3,000 in value, 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. 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. (Amended 1/1/1969) *** MEND *** *** MSTART 055 003.0 013.0 0 UT 1895 1969 *** SEC. 3. [Assessment and taxation of tangible property.] The Legislature shall provide by law a uniform and equal rate of assessment and taxation on all tangible property in the State according to its value in money, and shall prescribe by law such regulations as shall secure a just valuation for taxation of such property, so that every person and corporation shall pay a tax in proportion to the value of his, her, or its tangible property, provided that the Legislature may determine the manner and extent of taxing transient livestock and livestock being fed for slaughter to be used for human consumption. 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. Intangible property may be exempted from taxation as property or it may be taxed in such manner and to such extent as the Legislature may provide. Provided that if intangible property be taxed as property the rate thereof shall not exceed five mills on each dollar of valuation. When exempted from taxation as property, the taxable income therefrom shall be taxed under any tax based on incomes, but when taxed by the State of Utah as property, the income therefrom shall not also be taxed. The Legislature may provide for deductions, exemptions, and/or offsets on any tax based upon income. The personal income tax rates shall be graduated but the maximum rate shall not exceed six percent of net income. No excise tax rate based upon income shall exceed four percent of net income. The rate limitations herein contained for taxes based on income and for taxes on intangible property shall be effective until January 1, 1937, and thereafter until changed by law by a vote of the majority of the members elected to each house of the Legislature. 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, Section 2 of this Constitution. (Amended 1/1/1969) *** MEND *** *** MSTART 056 002.0 004.0 0 UT 1895 1971 *** SEC. 2. [Qualifications to vote.] Every citizen of the United States, twenty-one years of age or over, who has been a legal resident of this state for six months and of the county for 60 days next preceding any election, shall be entitled to vote in the election, except that in a presidential election year persons who make proper proof of residence in this state for 30 days immediately preceding the last voter registration day may register and vote for a president and a vice-president of the Unites States only. (Amended 1/1/1971) *** MEND *** *** MSTART 057 022.0 006.0 0 UT 1895 1971 *** SEC. 22. [Passage and amendments of laws. Passage and amendment of laws imposing a tax or taxes by reference to the laws of the United States.] The enacting clause of every law shall be "Be it enacted by the Legislature of the State of Utah." Except such laws as may be passed by the vote of the electors as provided in subdivision 2 section 1 of this article, and such laws shall begin as follows, "Be it enacted by the people of the State of Utah." 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, and after it has been read three times. The vote upon the final passage of all bills shall be by yeas and nays; and no law shall be revised or amended by reference to its title only; but the act as revised, or section as amended, shall be reenacted and published at length. The Legislature, in any law imposing income taxes may define the amount on, in respect to, or by which the taxes are imposed or measure, 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 exceptions or modifications to any such provision. (Amended 1/1/1971) *** MEND *** *** MSTART 058 001.0 023.0 0 UT 1895 1971 *** SEC. 1. [Method of amending an article.] 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 the 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 of amendment of an entire article of 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 matter of the article being revised, amended or being proposed as a new article. (Amended 1/1/1971) *** MEND *** *** MSTART 059 008.0 001.0 0 UT 1895 1973 *** SEC. 8. [Offenses bailable.] All prisoners shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption strong or where a person is accused of the commission of a felony while on probation or parole, or while free on bail awaiting trial on a previous felony charge, and where the proof is evident or the presumption strong. (Amended 1/1/1973) *** MEND *** *** MSTART 060 003.0 006.0 0 UT 1895 1973 *** SEC. 3. [Election of House members Terms.] 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 bi-ennially thereafter. Their term of office shall be two years, from the first day of January next after their election. (Amended 1/1/1973) *** MEND *** *** MSTART 061 004.0 006.0 0 UT 1895 1973 *** SEC. 4. [Election of Senators Terms] 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 appointment. (Amended 1/1/1973) *** MEND *** *** MSTART 062 005.0 006.0 0 UT 1895 1973 *** SEC. 5. [Who is eligible as a 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. (Amended 1/1/1973) *** MEND *** *** MSTART 063 022.0 006.0 0 UT 1895 1973 *** SEC. 22. [Reading of bills.] Every bill shall be read by title three separate times in each house except in cases were two-thirds of the house where such bill is pending suspend this requirement. No bill shall be passed containing more that one subject, which shall be clearly expressed in its title. The vote upon 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. *** MEND *** *** MSTART 064 023.0 006.0 0 UT 1895 1973 *** SEC. 23. [Regulation of income taxes.] Notwithstanding any provision of this constitution, the Legislature, in any law imposing a tax or taxes, may define the amount on, in respect to, or by which such tax or taxes are imposed or measured, by reference to any provision of the laws of the United States as the same be or become effective at any time or from time to time and may prescribe exceptions or modifications to any such provisions. (Amended 1/1/1973) *** MEND *** *** MSTART 065 024.0 006.0 0 UT 1895 1973 *** SEC. 24. [Presiding officers to sign bills.] The presiding officer of each house shall not later than five days following adjournment sign all bills and joint resolutions passed by the Legislature in that session, certifying to their accuracy and authenticity as enacted by the Legislature. (Amended 1/1/1973) *** MEND *** *** MSTART 066 025.0 006.0 0 UT 1895 1973 *** SEC. 25. [Publication of acts] All acts shall be officially published, and no act shall take effect until sixty days after the adjournment of the session at which it passed, unless the Legislature by a vote of two-thirds of all the members elected to each house, shall otherwise direct. (Amended 1/1/1973) *** MEND *** *** MSTART 067 026.0 006.0 0 UT 1895 1973 *** SEC. 26. [Private laws forbidden.] No private of special law shall be enacted where a general law can be applicable. (Amended 1/1/1973) *** MEND *** *** MSTART 068 027.0 006.0 0 UT 1895 1973 *** SEC. 27. [Releasing indebtedness.] Repealed (Repealed 1/1/1973) *** MEND *** *** MSTART 069 027.0 006.0 0 UT 1895 1973 *** 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. (Formerly Article VI, Section 28; Amended 1/1/1973) *** MEND *** *** MSTART 070 028.0 006.0 0 UT 1895 1973 *** SEC. 28. [Lotteries not authorized.] Repealed (Repealed 1/1/1973; renumbered as Article VI, Section 27) *** MEND *** *** MSTART 071 028.0 006.0 0 UT 1895 1973 *** 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. (Formerly, Article VI, Section 29; Amended 1/1/1973) *** MEND *** *** MSTART 072 029.0 006.0 0 UT 1895 1973 *** SEC. 29. [Special privileges forbidden.] Repealed (Repealed 1/1/1973; renumbered as Article VI, Section 28) *** MEND *** *** MSTART 073 030.0 006.0 0 UT 1895 1973 *** SEC. 30. [Prohibition of extra compensation to officers and contractors prohibited.] Repealed (Repealed 1/1/1973) *** MEND *** *** MSTART 074 029.0 006.0 0 UT 1895 1973 *** SEC. 29. [Lending public credit forbidden Exemption..] 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. (Formerly Article VI, Section 31; Amended 1/1/1973) *** MEND *** *** MSTART 075 031.0 006.0 0 UT 1895 1973 *** Repealed (Repealed 1/1/1973; renumbered as Article VI, Section 29) *** MEND *** *** MSTART 076 030.0 006.0 0 UT 1895 1973 *** SEC. 30. [Continuity in government.] Notwithstanding any general or special provisions of the Constitution, the legislature in order to insure continuity of state and local government operations in periods of emergency resulting from disaster caused by enemy attack shall have the power and immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such measures as may be necessary and proper for insuring the continuity of governmental operations including, but not limited to, the financing thereof; but subsections 1 and 2 of this section shall not permit the public officers so appointed to act or the measures so adopted to be in contravention of the Constitution and applicable law. (Formerly Article VI, section 32; Amended 1/1/1973) *** MEND *** *** MSTART 077 031.0 006.0 0 UT 1895 1973 *** 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. (Amended 1/1/1973) *** MEND *** *** MSTART 078 032.0 006.0 0 UT 1895 1973 *** SEC. 32. [Appointment of additional employees Legal counsel.] 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. (Amended 1/1/1973) *** MEND *** *** MSTART 079 033.0 006.0 0 UT 1895 1973 *** SEC. 33. [Legislative auditor appointed.] The Legislature shall appoint a legislative auditor to serve at its pleasure. The 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. (Amended 1/1/1973) *** MEND *** *** MSTART 080 006.0 010.0 0 UT 1895 1973 *** SEC. 6. [Separate control of city schools.] Repealed (Repealed 1/1/1973) *** MEND *** *** MSTART 081 004.0 011.0 0 UT 1895 1973 *** SEC. 4. [County government and the forms it may take.] 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. (Amended 1/1/1973) *** MEND *** *** MSTART 082 008.0 014.0 0 UT 1895 1975 *** SEC. 8. [Special service districts.] The Legislature by general law may authorize 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 with power to provide water, sewerage, drainage, flood control, garbage, hospital, transportation, recreation and fire protection services or any combination of these services may authorize the county, city, or town: (1) to levy taxes upon the taxable property in only such districts for the purpose of acquiring, constructing, equipping, operating, and maintaining facilities required for any or all of these services, and (2) to issue bends of these districts for the purpose of acquiring, constructing, and equipping any of these facilities without regard to the limitations of Sections 3 and 4 of this Article XIV but subject to such limitation on the aggregate amount of these bonds which may be outstanding at any one time as may be provided by law; but the authority to levy taxes upon the taxable property in these districts and to issue bonds of taxes 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 law. 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. Laws in effect at the time of the adoption of this section and districts established pursuant to these laws shall not be affected by the adoption of this section. (Amended 1/1/1975) *** MEND *** *** MSTART 083 002.0 004.0 0 UT 1895 1977 *** SEC. 2. [Qualifications to vote] Every citizen of the United States, 18 years or age or over, who makes proper proof of residence in this state for 30 days next preceding any election, or for such other period as required by law, shall be entitled to vote in the election. (Amended 1/1/1977) *** MEND *** *** MSTART 084 003.0 004.0 0 UT 1895 1977 *** SEC. 3. [Voters Immunity from arrest.] In all cases except those of treason, felony or breach of peace, voters shall be privileged from arrest on the days of election, during their attendance at elections, and going to and returning therefrom. (Amended 1/1/1977) *** MEND *** *** MSTART 085 004.0 004.0 0 UT 1895 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. (Amended 1/1/1977) *** MEND *** *** MSTART 086 005.0 004.0 0 UT 1895 1977 *** SEC. 5. [Voters to be citizens of the United States.] No person shall be deemed a qualified voter of this State unless such person be a citizen of the United States. *** MEND *** *** MSTART 087 006.0 004.0 0 UT 1895 1977 *** SEC. 6. [Mentally incompetent persons, convicted felons, 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. (Amended 1/1/1977) *** MEND *** *** MSTART 088 007.0 004.0 0 UT 1895 1977 *** SEC. 7. [Property qualification forbidden.] No property qualification shall be required for any person to vote or hold office. (Amended 1/1/1977) *** MEND *** *** MSTART 089 001.0 007.0 0 UT 1895 1981 *** SEC. 1. [Executive Department officers Terms, residence, and duties.] 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 prescribed by this Constitution and as provided by law. (Amended 1/1/1981) *** MEND *** *** MSTART 090 002.0 007.0 0 UT 1895 1981 *** SEC. 2. [Election of officers Governor and Lieutenant Governor elected jointly.] The officers provided for in section one 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. (Amended 1/1/1981) *** MEND *** *** MSTART 091 003.0 007.0 0 UT 1895 1981 *** SEC. 3. [Qualifications for officers.] 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 section one 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. (Amended 1/1/1981) *** MEND *** *** MSTART 092 004.0 007.0 0 UT 1895 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. (Amended 1/1/1981) *** MEND *** *** MSTART 093 005.0 007.0 0 UT 1895 1981 *** SEC. 5. [Executive power vested in Governor Duties Legal counsel.] 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. (Amended 1/1/1981) *** MEND *** *** MSTART 094 006.0 007.0 0 UT 1895 1981 *** SEC. 6. [Convening of Legislature by Governor.] 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 sessions and other matters incidental thereto. The Governor may also be proclamation convene the Senate in extraordinary session for the transaction of executive business. (Amended 1/1/1981) *** MEND *** *** MSTART 095 007.0 007.0 0 UT 1895 1981 *** 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. (Amended 1/1/1981) *** MEND *** *** MSTART 096 008.0 007.0 0 UT 1895 1981 *** SEC. 8. [Bills presented to the governor for approval and veto Items of appropriation Legislative session to consider vetoed items.] 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 returned 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 note 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 disapprove 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. (Amended 1/1/1981) *** MEND *** *** MSTART 097 010.0 007.0 0 UT 1895 1981 *** SEC. 10. [Governor's appointive power.] 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. (Amended 1/1/1981) *** MEND *** *** MSTART 098 011.0 007.0 0 UT 1895 1981 *** SEC. 11. [Vacancy in office of governor.] 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 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, 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. (Amended 1/1/1981) *** MEND *** *** MSTART 099 012.0 007.0 0 UT 1895 1981 *** SEC. 12. [Board of Pardons and Parole-Appointments Powers and procedures Governor's powers and duties Legislature's powers.] 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 respited or reprieves in all cases of conviction 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 fo 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 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 its 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 the member of the Board made thereto. *** MEND *** *** MSTART 100 013.0 007.0 0 UT 1895 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. (Amended 1/1/1981) *** MEND *** *** MSTART 101 014.0 007.0 0 UT 1895 1981 *** SEC. 14. [Board of Insane Asylum Commissioners.] Repealed (Repealed 1/1/1981) *** MEND *** *** MSTART 102 015.0 007.0 0 UT 1895 1981 *** SEC. 15. [Board of Reform School Commissioners.] Repealed (Repealed 1/1/981) *** MEND *** *** MSTART 103 016.0 007.0 0 UT 1895 1981 *** SEC. 16. [Duties of Lieutenant Governor.] Repealed (Repealed 1/1/1981; renumbered to Article VII, Section 14) *** MEND *** *** MSTART 104 014.0 007.0 0 UT 1895 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. (Formerly Article VII, Section 16; Amended 1/1/1981) *** MEND *** *** MSTART 105 017.0 007.0 0 UT 1895 1981 *** SEC. 17. [Duties of State Auditor and State Treasurer.] Repealed (Repealed 1/1/1981; renumbered to Article VII, Section 15) *** MEND *** *** MSTART 106 015.0 007.0 0 UT 1895 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. (Formerly Article VII, Section 17; Amended 1/1/1981) *** MEND *** *** MSTART 107 018.0 007.0 0 UT 1895 1981 *** SEC. 18. [Duties of Attorney General.] Repealed (Repealed 1/1/1981; renumbered to Article VII, Section 16) *** MEND *** *** MSTART 108 016.0 007.0 0 UT 1895 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. (Formerly Article VII, Section 16; Amended 1/1/1981) *** MEND *** *** MSTART 109 019.0 007.0 0 UT 1895 1981 *** SEC. 19. [Duties of Superintendent of Public Instruction.] Repealed (Repealed 1/1/1981; renumbered to Article VII, Section 17) *** MEND *** *** MSTART 110 017.0 007.0 0 UT 1895 1981 *** SEC. 17. [Duties of Superintendent of Public Instruction.] The Superintendent of Public Instruction shall perform such duties as provided by law. (Formerly Article VII, Section 17; Amended 1/1/1981) *** MEND *** *** MSTART 111 020.0 007.0 0 UT 1895 1981 *** SEC. 20. [Compensation of state and local officers.] Repealed (Repealed 1/1/1981; renumbered to Article VII, Section 18) *** MEND *** *** MSTART 112 018.0 007.0 0 UT 1895 1981 *** SEC. 18. [Compensation of state and local 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 their 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. (Formerly Article VII, Section 20; Amended 1/1/1981) *** MEND *** *** MSTART 113 021.0 007.0 0 UT 1895 1981 *** SEC. 21. [Grants and commissions.] Repealed (Repealed 1/1/1981; renumbered to Article VII, Section 19) *** MEND *** *** MSTART 114 019.0 007.0 0 UT 1895 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. (Formerly Article VII, Section 21; Amended 1/1/1981) *** MEND *** *** MSTART 115 022.0 007.0 0 UT 1895 1981 *** SEC. 22. [The Great Seal.] Repealed (Repealed 1/1/1981; renumbered to Article VII, Section 20) *** MEND *** *** MSTART 116 020.0 007.0 0 UT 1895 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. (Formerly Article VII, Section 22; Amended 1/1/1981) *** MEND *** *** MSTART 117 023.0 007.0 0 UT 1895 1981 *** SEC. 23 [United States officials ineligible to hold state office.] Repealed (Repealed 1/1/1981; renumbered to Article VII, Section 21) *** MEND *** *** MSTART 118 021.0 007.0 0 UT 1895 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. (Formerly Article VII, Section 23; Amended 1/1/1981) *** MEND *** *** MSTART 119 024.0 007.0 0 UT 1895 1981 *** SEC. 24. [Temporary succession to public offices in emergency.] Repealed (Repealed 1/1/1981; Had been found Unconstitutional w/Lee v. State[1963]) *** MEND *** *** MSTART 120 003.0 016.0 0 UT 1895 1981 *** 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. (Amended 1/1/1981) *** MEND *** *** MSTART 121 005.0 006.0 0 UT 1895 1983 *** SEC. 5. [Who is eligible as a 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. (Amended 1/1/1983) *** MEND *** *** MSTART 122 009.0 006.0 0 UT 1895 1983 *** SEC. 9. [Compensation of legislators.] 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. (Amended 1/1/1983) *** MEND *** *** MSTART 123 023.0 006.0 0 UT 1895 1983 *** SEC. 23. [Bill to contain only one subject.] Repealed (Repealed 1/1/1983). *** MEND *** *** MSTART 124 017.0 012.0 0 UT 1895 1983 *** SEC. 17. [Corporate officers.] Repealed (Repealed 1/1/1983) *** MEND *** *** MSTART 125 002.0 013.0 0 UT 1895 1983 *** 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; and (d) Places of burial not held or used for private or corporate benefit (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, transmissions 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 Untied States or of the state of Utah and by 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 (Amended 1/1/1983) *** MEND *** *** MSTART 126 003.0 013.0 0 UT 1895 1983 *** 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 Section 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 proportion to the value of his, her, or its tangible property that the Legislature may determined the manner and extent of taxing. (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 if may have for other purposes. (Amended 1/1/1983) *** MEND *** *** MSTART 127 004.0 013.0 0 UT 1895 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. (Amended 1/1/1983) *** MEND *** *** MSTART 128 005.0 013.0 0 UT 1895 1983 *** SEC. 5. Local authorities to levy local taxes Sharing tax and revenues by political subdivisions Debt guaranty.] 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. (Amended 1/1/1983) *** MEND *** *** MSTART 129 007.0 013.0 0 UT 1895 1983 *** SEC. 7. Rate of taxation on tangible property for general state purposes Additional levy for support of public school system.] The rate of taxation on tangible property shall not exceed on each dollar of valuation, two and four-tenths mills for general State purposes, and such additional levy as the Legislature may provide for the State's share of the support of a portion of the public school system as defined in Article X, Section 2 of this Constitution, such portion consisting only of kindergarten schools, common schools and high schools. The Legislature shall determine by law the method of allocation of the State's contribution to the various school districts. (Amended 1/1/1983) *** MEND *** *** MSTART 130 012.0 013.0 0 UT 1895 1983 *** 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 education system and higher education 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. (Amended 1/1/1983) *** MEND *** *** MSTART 131 014.0 013.0 0 UT 1895 1984 *** 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 property 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 proportion as the revenue collected from real property tax is distributed to such districts. (Amended 12/31/1984) *** MEND *** *** MSTART 132 006.0 001.0 0 UT 1895 1985 *** 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. (Amended 1/1/1985) *** MEND *** *** MSTART 133 002.0 006.0 0 UT 1895 1985 *** SEC. 2. [Time of general sessions.] Annual general sessions of the Legislature shall be held at the seat of government and shall begin on the second Monday in January. (Amended 1/1/1985) *** MEND *** *** MSTART 134 016.0 006.0 0 UT 1895 1985 *** SEC. 16. [Duration of sessions] No annual general session of the Legislature shall exceed 48 calendar days, except in cases of impeachment. Any business, bill, or resolution pending at the adjournment of a general session held in an odd-numbered year may carry over to the next general session as provided by a joint legislative rule. No special session shall exceed thirty 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. (Amended 1/1/1985) *** MEND *** *** MSTART 135 000.0 008.0 0 UT 1895 1985 *** Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 136 001.0 008.0 0 UT 1895 1985 *** SEC. 1. [Judicial powers, how vested..] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 137 001.0 008.0 0 UT 1895 1985 *** SEC. 1. [Judicial power 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 may also be established by statute. (Amended 7/1/1985) *** MEND *** *** MSTART 138 002.0 008.0 0 UT 1895 1985 *** SEC. 2. [Supreme court, how constituted. Quorum. Qualifications of judges. Chief justice.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 139 002.0 008.0 0 UT 1895 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 participated in the cause. (Amended 7/1/1985) *** MEND *** *** MSTART 140 003.0 008.0 0 UT 1895 1985 *** SEC. 3. [Selection of judges. Method. Basis of selection.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 141 003.0 008.0 0 UT 1895 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. (Amended 7/1/1985) *** MEND *** *** MSTART 142 004.0 008.0 0 UT 1895 1985 *** SEC. 4. [Id. Jurisdiction. Terms.] Repealed (Repealed 7/1/1985) *** MEND ** *** MSTART 143 004.0 008.0 0 UT 1895 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 process. 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. (Amended 7/1/1985) *** MEND *** *** MSTART 144 005.0 008.0 0 UT 1895 1985 *** SEC. 5. [District courts, how constituted. Terms. Jurisdiction. Judge pro tempore.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 145 005.0 008.0 0 UT 1895 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. Te 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 filled originally with the supreme court, there shall be in all cases an appeal or right from the court of original jurisdiction to a court with appellate jurisdiction over the cause. (Amended 7/1/1985) *** MEND *** *** MSTART 146 006.0 008.0 0 UT 1895 1985 *** SEC. 6. [Judicial districts. Power of legislature with respect to.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 147 006.0 008.0 0 UT 1895 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. The number of judges of courts not of record shall be provided by statute. (Amended 7/1/1985) *** MEND *** *** MSTART 148 007.0 008.0 0 UT 1895 1985 *** SEC. 7. [Jurisdiction of district courts.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 149 007.0 008.0 0 UT 1895 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. If geographic divisions are provided for any court, judges of that court shall reside in the geographic division for which they are selected. (Amended 7/1/1985) *** MEND *** *** MSTART 150 008.0 008.0 0 UT 1895 1985 *** SEC. 8. [Justices of the peace. Jurisdiction.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 151 008.0 008.0 0 UT 1895 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 unless rejected by a majority vote of all members of the senate. If the senate rejects 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. (Amended 7/1/1985) *** MEND *** *** MSTART 152 009.0 008.0 0 UT 1895 1985 *** SEC. 9. [Appeals from district courts. From justices' courts.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 153 009.0 008.0 0 UT 1895 1985 *** SEC. 9. [Judicial retention elections.] Each judicial appointee of 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. (Amended 7/1/1985) *** MEND *** *** MSTART 154 010.0 008.0 0 UT 1895 1985 *** SEC. 10. [County attorneys. Election, term, appointment pro tempore.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 155 010.0 008.0 0 UT 1895 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. (Amended 7/1/1985) *** MEND *** *** MSTART 156 011.0 008.0 0 UT 1895 1985 *** SEC. 11. [Removal of judges from office.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 157 011.0 008.0 0 UT 1895 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. *** MEND *** *** MSTART 158 012.0 008.0 0 UT 1895 1985 *** SEC. 12. [Diminution of judges' salaries forbidden.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 159 012.0 008.0 0 UT 1895 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. (Amended 7/1/1985) *** MEND *** *** MSTART 160 013.0 008.0 0 UT 1895 1985 *** SEC. 13. [Disqualification of judges.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 161 013.0 008.0 0 UT 1895 1985 *** SEC. 13. [Judicial Conduct Commission.] A Judicial Conduct Commission is established, which shall investigate complaints against any justice or judge and conduct confidential hearings concerning the removal or involuntary retirement of a justice or judge. The legislature by statute shall provide for the composition and procedures of the Judicial Conduct Commission. On recommendation of the Judicial Conduct Commission, the supreme court, after a hearing, may censure, remove, or retire a justice or judge for action which constitutes willful misconduct in office, willful and persistent failure to perform judicial duties, disability that seriously interferes with the performance of judicial duties, or conduct prejudicial to the administration of justice which brings a judicial office into disrepute. The power of removal conferred by this section is alternative to the power of impeachment. (Amended 7/1/1985) *** MEND *** *** MSTART 162 014.0 008.0 0 UT 1895 1985 *** SEC. 14. [Clerks of courts. Reporter.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 163 014.0 008.0 0 UT 1895 1985 *** SEC. 14. [Compensation of justices and judges.] The legislature may provide standards for the mandatory retirement of justices and judges from office. (Amended 7/1/1985) *** MEND *** *** MSTART 164 015.0 008.0 0 UT 1895 1985 *** SEC. 15. [Judges shall not appoint relatives to office.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 165 015.0 008.0 0 UT 1895 1985 *** SEC. 15. [Mandatory retirement.] 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 selected 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. (Amended 7/1/1985) *** MEND *** *** MSTART 166 016.0 008.0 0 UT 1895 1985 *** SEC. 16. [Judicial districts, how constituted.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 167 016.0 008.0 0 UT 1895 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 selected 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. *** MEND *** *** MSTART 168 017.0 008.0 0 UT 1895 1985 *** SEC. 17. [Courts of record.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 169 018.0 008.0 0 UT 1895 1985 *** SEC. 18. [Style of process: "The State of Utah."] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 170 019.0 008.0 0 UT 1895 1985 *** SEC. 19. [But one form of civil action.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 171 020.0 008.0 0 UT 1895 1985 *** SEC. 20. [Salary of judges.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 172 021.0 008.0 0 UT 1895 1985 *** SEC. 21. [Judges to be conservators of peace.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 173 022.0 008.0 0 UT 1895 1985 *** SEC. 22. [Judges to report defects in law.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 174 023.0 008.0 0 UT 1895 1985 *** SEC. 23. [Publication of decisions.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 175 024.0 008.0 0 UT 1895 1985 *** SEC. 24. [Effect of extending judges' terms.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 176 025.0 008.0 0 UT 1895 1985 *** SEC. 25. [Decisions of Supreme Court to be in writing.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 177 026.0 008.0 0 UT 1895 1985 *** SEC. 26. [Court to prepare syllabus.] (Repealed 7/1/1985) *** MEND *** *** MSTART 178 027.0 008.0 0 UT 1895 1985 *** SEC. 27. [Judge forfeits office by absence.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 179 028.0 008.0 0 UT 1895 1985 *** SEC. 28. [Mandatory retirement and removal of judges from office.] Repealed (Repealed 7/1/1985) *** MEND *** *** MSTART 180 001.0 021.0 0 UT 1895 1985 *** 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. (Amended 7/1/1985) *** MEND *** *** MSTART 181 002.0 021.0 0 UT 1895 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. (Amended 7/1/1985) *** MEND *** *** MSTART 182 002.0 013.0 0 UT 1895 1985 *** SEC. 2. [Tangible property to be taxed Value ascertained Exemption of state and municipal property Exemption of tangible personal property held for sale or processing Exemption of property used for irrigating land Exemption of property used for electrical power Remittance or abatement of taxes of poor Exemption of residential and household property Disabled veterans' exemption 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, hospital, nursing home, or educational purposes; (d) places of burial not held or used for private or corporate benefit. (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 12 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, 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 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 Untied 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 20 years from the final passage of the law creating the debt. (Amended 1/1/1986) *** MEND *** *** MSTART 183 017.0 007.0 0 UT 1895 1987 *** SEC. 17. [Duties of Superintendent of Public Instruction.] Repealed (Repealed 7/1/1987) *** MEND *** *** MSTART 184 001.0 010.0 0 UT 1895 1987 *** 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. (Amended 7/1/1987) *** MEND *** *** MSTART 384 002.0 010.0 0 UT 1895 1987 *** SEC. 2. [Defining the public education system and the higher education system Fees in secondary schools allowed.] The public education system shall include all public elementary and secondary schools and such other schools 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. (Amended 7/1/1987) *** MEND *** *** MSTART 185 003.0 010.0 0 UT 1895 1987 *** SEC. 3. [State School Fund and Uniform School Fund Establishment and use.] Repealed (Repealed 7/1/1986; renumbered to Article VII, Section 5) *** MEND *** *** MSTART 186 005.0 010.0 0 UT 1895 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 school; (b) 5% of the net proceeds from the sales of United States public lands lying within this state; c) all revenues derived from the nonrenewable resources on school or state lands, 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. (Formerly, Article VII, Section 3; Amended 7/1/1987) *** MEND *** *** MSTART 187 004.0 010.0 0 UT 1895 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. (Amended 7/1/1987) *** MEND *** *** MSTART 188 005.0 010.0 0 UT 1895 1987 *** SEC. 5. [Proceeds of land grants for colleges and universities constitute permanent funds.] Repealed (Repealed 7/1/1987; renumbered to Article X, Section 7) *** MEND *** *** MSTART 189 007.0 010.0 0 UT 1895 1987 *** SEC. 7. [Proceeds of land grants for colleges and universities 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 form 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. (Formerly Article VII, Section 5; Amended 7/1/1987) *** MEND *** *** MSTART 190 007.0 010.0 0 UT 1895 1987 *** SEC. 7. [Public school funds.] Repealed (Repealed 7/1/1987) *** MEND *** *** MSTART 191 008.0 010.0 0 UT 1895 1987 *** Repealed (Repealed 7/1/1987; renumbered to Article X, Section 3) *** MEND *** *** MSTART 192 003.0 010.0 0 UT 1895 1987 *** SEC. 3. [Control of public education system by the 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. (Amended 7/1/1987) *** MEND *** *** MSTART 193 009.0 010.0 0 UT 1895 1987 *** SEC. 9. [Legislature and State Board of Education Limited powers.] Repealed (Repealed 7/1/1987) *** MEND *** *** MSTART 194 010.0 010.0 0 UT 1895 1987 *** SEC. 10. [Institutions for Deaf and Dumb, and for the Blind.] Repealed (Repealed 7/1/1987) *** MEND *** *** MSTART 195 011.0 010.0 0 UT 1895 1987 *** SEC. 11. [Metric system and public schools.] Repealed (Repealed 7/1/1987) *** MEND *** *** MSTART 196 012.0 010.0 0 UT 1895 1987 *** SEC. 12. [No religious or partisan tests in schools.] Repealed (Repealed 7/1/1987; renumbered to Article X, Section 8) *** MEND *** *** MSTART 197 008.0 010.0 0 UT 1895 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. (Formerly Article X, Section 12; Amended 7/1/1987) *** MEND *** *** MSTART 198 013.0 010.0 0 UT 1895 1987 *** SEC. 13. [No public appropriation for the direct support of any religious organization.] Repealed (Repealed 7/1/1987; renumbered to Article X, Section 9) *** MEND *** *** MSTART 199 009.0 010.0 0 UT 1895 1987 *** SEC. 9. [No public appropriation for the direct support of any religious organization.] 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. (Formerly Article X, Section 13; Amended 7/1/1987) *** MEND *** *** MSTART 200 007.0 013.0 0 UT 1895 1987 *** SEC. 7. [Rate of taxation on tangible property for general state purposes Additional levy for support of public school system.] Repealed (Repealed 7/1/1987) *** MEND *** *** MSTART 201 008.0 001.0 0 UT 1895 1989 *** 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 a crime, as defined by statute, when 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 self or 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. (Amended 1/1/1989) *** MEND *** *** MSTART 202 001.0 009.0 0 UT 1895 1989 *** 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. (Amended 1/1/1989) *** MEND *** *** MSTART 203 002.0 009.0 0 UT 1895 1989 *** SEC. 2. [Enumeration of state population..] Repealed (Repealed 1/1/1989) *** MEND *** *** MSTART 204 003.0 009.0 0 UT 1895 1989 *** Repealed (Repealed 1/1/1989; renumbered to Article IX, Section 2) *** MEND *** *** MSTART 205 002.0 009.0 0 UT 1895 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. (Formerly Article IX, Section 3; Amended 1/1/1989) *** MEND *** *** MSTART 206 004.0 009.0 0 UT 1895 1989 *** SEC. 4. [Districts.] Repealed (Repealed 1/1/1989) *** MEND *** *** MSTART 207 001.0 019.0 0 UT 1895 1989 *** SEC. 1. [Property of the State of Utah.] Repealed (Repealed 1/1/1989) *** MEND *** *** MSTART 208 002.0 019.0 0 UT 1895 1989 *** SEC. 2. [State institutions for the public good.] Repealed (Repealed 1/1/1989) *** MEND *** *** MSTART 209 003.0 009.0 0 UT 1895 1989 *** SEC. 3. [Public Institutions and lands.] Repealed (Repealed 1/1/1989) *** MEND *** *** MSTART 210 001.0 022.0 0 UT 1895 1989 *** 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. (Amended 1/1/1989) *** MEND *** *** MSTART 211 003.0 022.0 0 UT 1895 1989 *** SEC. 3. [Seat of state government.] The seat of state government shall be at Salt Lake City. (Amended 1/1/1989) *** MEND *** *** MSTART 212 030.0 006.0 0 UT 1895 1991 *** 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. (Amended 1/1/1991) *** MEND *** *** MSTART 213 008.0 014.0 0 UT 1895 1991 *** 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 Sections 3 and 4 of this Article XIV but subject to such limitation on the aggregate amount of these bonds which may be outstanding at any one 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. (Amended 1/1/1991) *** MEND *** *** MSTART 214 009.0 004.0 0 UT 1895 1993 *** SEC. 9. [General and special elections Terms.] (1) 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. (2) Special elections may be held as provided by law. (3) The terms of all officers elected at any general election, except legislators, shall commence on the first Monday in January next following the date of their election. (4) Municipal and School officers shall be elected at such time as may be provided by law. (Amended 1/1/1993) *** MEND *** *** MSTART 215 002.0 006.0 0 UT 1895 1993 *** SEC. 2. [Time of general sessions] Annual general sessions of the Legislature shall be held at the seat of government and shall begin on the third Monday in January. (Amended 1/1/1993) *** MEND *** *** MSTART 216 003.0 006.0 0 UT 1895 1993 *** SEC. 3. [Election of House members Terms.] (1) The members of the House of Representatives shall be chosen biennially on even-numbered years by the qualified voters of the respective representative districts, on the first Tuesday after the first Monday in November. (2) Their term of office shall be two years from the first day of January next after their election. (Amended 1/1/1993) *** MEND *** *** MSTART 217 004.0 006.0 0 UT 1895 1993 *** SEC. 4. [Election of Senators Terms.] (1) 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. (2) Their term of office shall be four years from the first day of the annual general session next after their election. (3) As nearly one-half as may be practicable shall be elected in each biennium as the Legislature shall determine by law with each appointment. (Amended 1/1/1993) *** MEND *** *** MSTART 218 032.0 006.0 0 UT 1895 1993 *** SEC. 32. [Appointment of additional employees Legal counsel.] (1) The Legislature may appoint temporary or permanent nonmember employees for work during and between sessions. (2) The Legislature may appoint legal counsel which shall provide and control all legal services for the Legislature unless otherwise provided by statute. (Amended 1/1/1993) *** MEND *** *** MSTART 219 001.0 007.0 0 UT 1895 1993 *** SEC. 1. [Executive Department officers Terms, residence, and duties.] (1) The elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor, State Auditor, State Treasurer, and Attorney General. (2) Each officer shall: (a) hold office for four years beginning on the first Monday of January next after their election; (b) during their terms of office reside within the state; and (c) perform such duties as are prescribed by this Constitution and as provided by statute. (Amended 1/1/1993) *** MEND *** *** MSTART 220 002.0 007.0 0 UT 1895 1993 *** SEC. 2. [Election of officers Governor and Lieutenant Governor elected jointly.] (1) The officers provided for in Section 1 shall be elected by the qualified voters of the state at the time and place of voting for members of the Legislature. The candidates respectively having the highest number of votes cast for the office voted for shall be elected. If two or more candidates have an equal and the highest number of votes for any one of the offices, the two houses of the Legislature at its next session shall elect by joint ballot one of those candidates for that office. (2) 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. (Amended 1/1/1993) *** MEND *** *** MSTART 221 003.0 007.0 0 UT 1895 1993 *** SEC. 3. [Qualifications for officers.] (1) To be eligible for the office of Governor or Lieutenant Governor a person shall be 30 years of age or older at the time of election. (2) To be eligible for the office of Attorney General a person shall be 25 years of age or older, at the time of election, admitted to practice before the Supreme Court of the State of Utah, and in good standing at the bar. (3) To be eligible for the office of State Auditor or State Treasurer a person shall be 25 years of age or older at the time of election. (4) No person is eligible to any of the offices provided for in Section 1, unless at the time of election that person is a qualified voter and has been a resident citizen of the state for five years next preceding the election. (Amended 1/1/1993) *** MEND *** *** MSTART 222 005.0 007.0 0 UT 1895 1993 *** SEC. 5. [Executive power vested in Governor Duties Legal counsel.] (1) The executive power of the state shall be vested in the Governor who shall see that the laws are faithfully executed. (2) The Governor shall transact all executive business with the officers of the government, civil and military, and may require information in writing form 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. The Governor may at any time when the Legislature is not in session if deemed necessary, appoint a committee to investigate and report to the Governor upon the condition of any executive office or state institution. (3) The Governor shall communicate by message the condition of the state to the Legislature at every annual general session and recommend such measures as may be deemed expedient. (4) The Governor may appoint legal counsel to advise the Governor. (Amended 1/1/1993) *** MEND *** *** MSTART 223 008.0 007.0 0 UT 1895 1993 *** SEC. 8. [Bills presented to the governor for approval and veto Items of appropriation Legislative session to consider vetoed items.] (1) Each bill passed by the Legislature, before it becomes a law, shall be presented to the governor. If the bill is approved, the governor shall sign it, and thereupon it shall become a law. If the bill is disapproved, it shall be returned with the governor's objections to the house in which it originated. That house shall then enter the objections upon its journal and proceed to reconsider the bill. If upon reconsideration the bill again passes both houses by a yea and a nay vote of two-thirds of the members elected to each house, it shall become a law. (2) 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. If legislative adjournment prevents return of the bill, it shall become a law unless the governor within twenty days after adjournment files the objections to it with such officers as provided by law. (3) The governor may disapprove any item of appropriation contained in any bill while approving other portions of the bill. In such case the governor shall append to the bill at the time of signing a statement of the item or items which are disapproved, together with the reasons for disapproval, and the item or items may not take effect unless passed over the governor's objections as provided in this section. (4) 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 that shall begin within 60 days after the adjournment of the session at which the disapproved bill or item of appropriation passed. This session may not exceed five calendar days and shall be convened at a time set jointly by the presiding officer of each house solely for the purposes 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 on the original effective date of the law or item of appropriation. (Amended 1/1/1993) *** MEND *** *** MSTART 224 012.0 007.0 0 UT 1895 1993 *** SEC. 12. [Board of Pardons and Parole Appointments Powers and procedures Governor's powers and duties Legislature's powers.] (1) There is created a Board of Pardons and Parole. The Governor shall appoint the members of the board with the consent of the Senate. The terms of office shall be as provided by statute. (2) (a) The Board of Pardons and Parole, by majority vote and upon other conditions as provided by statute, may grant parole, remit fines, and forfeitures, and restitution orders, commute punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to regulations as provided by statute. (b) A fine, forfeiture or restitution order may not be remitted and a commutation, parole, or pardon may not be granted except after a full hearing before the board, in open session, and after previous notice of the time and place of the hearing has been given. c) The proceedings and decisions of the board, the reasons therefor in each case, and the dissent of any member who may disagree shall be recorded and filed as provided by statute with all papers used upon the hearing. (3)(a) The Governor may grant respites or reprieves in all cases of convictions for offenses against the state except treason or conviction on impeachment. These respites or reprieves may not extend beyond the next session of the board. At that session, the board shall continue or determine the respite or reprieve, commute the punishment, or pardon the offense as provided in this section. (b) In case of conviction for treason, the Governor may suspend execution of the sentence until the case is reported to the Legislature at its next annual general session, when the Legislature shall pardon or commute the sentence, or direct its execution. If the Legislature takes no action on the case before adjournment of that session, the sentence shall be executed. (Amended 1/1/1993) *** MEND *** *** MSTART 225 013.0 007.0 0 UT 1895 1993 *** SEC. 13. [Board of Examiners.] Repealed. (Repealed 1/1/1993) *** MEND *** *** MSTART 226 014.0 007.0 0 UT 1895 1993 *** SEC. 14. [Duties of Lieutenant Governor.] The Lieutenant Governor shall: (1) serve on all boards and commissions in lieu of the Governor whenever so designated by the Governor; (2) perform such duties as may be delegated by the Governor; and (3) perform other duties as may be provided by statute. (Amended 1/1/1993) *** MEND *** *** MSTART 227 015.0 007.0 0 UT 1895 1993 *** SEC. 15. [Duties of State Auditor and State Treasurer.] (1) The State Auditor shall perform financial post audits of public accounts except as otherwise provided by this Constitution. (2) The State Treasurer shall be the custodian of public moneys. (3) Each shall perform other duties as provided by statute. (Amended 1/1/1993) *** MEND *** *** MSTART 228 018.0 007.0 0 UT 1895 1993 *** SEC. 18. [Compensation of state and local officers.] (1) The Governor, Lieutenant Governor, State Auditor, State Treasurer, Attorney General, and any other state officer as the Legislature may provide, shall receive for their services a fixed and definite compensation as provided by law. (2)(a) The compensation provided for in Subsection (1) shall be in full for all services rendered by those officers in any official capacity or employment during their terms of office. (b) An officer may not receive for the performance of any official duty any fee for personal use, but all fees fixed by the Legislature for the performance by any of them of any official duty shall be collected in advance and deposited with the appropriate treasury. (c) The Legislature may provide for the payment of actual and necessary expenses of those officers while traveling in the performance of official duties. (Amended 1/1/1993) *** MEND *** *** MSTART 229 008.0 008.0 0 UT 1895 1993 *** SEC. 8. [Vacancies Nominating commissions Senate approval.] (1) 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 the nominees. (2) 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. (3) The Senate shall consider and render a decision on each judicial appointment within 60 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. (4) Selection of judges shall be based solely upon consideration of fitness for office without regard to any partisan political consideration. (Amended 1/1/1993) *** MEND *** *** MSTART 230 012.0 008.0 0 UT 1895 1993 *** SEC. 12. [Judicial Council Chief justice as administrative officer Legal counsel.] (1) There is created a Judicial Council which shall adopt rules for the administration of the courts of the state. (2) The Judicial Council shall consist of the chief justice of the Supreme Court, as presiding officer and 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. (3) 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. (4) The Judicial Council may appoint legal counsel which shall provide all legal services for the Judicial Department unless otherwise provided by statute. (Amended 1/1/1993) *** MEND *** *** MSTART 231 001.0 012.0 0 UT 1895 1993 *** SEC. 1. [Corporations formation.] Corporations may be formed under general laws, but may not be created by special acts. (Amended 1/1/1993) *** MEND *** *** MSTART 232 002.0 012.0 0 UT 1895 1993 *** SEC. 2. [Existing corporations to accept Constitution.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 233 003.0 012.0 0 UT 1895 1993 *** SEC. 3. [Legislature not to extend or validate franchises.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 234 004.0 012.0 0 UT 1895 1993 *** SEC. 4. [Suits.] All corporations may sue, and be sued, in all courts, in like cases as natural persons. (Amended 1/1/1993) *** MEND *** *** MSTART 235 005.0 012.0 0 UT 1895 1993 *** SEC. 5. [Corporate stock Issuance, increase, and fictitious increase.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 236 006.0 012.0 0 UT 1895 1993 *** SEC. 6. [Privileges of foreign corporations.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 237 007.0 012.0 0 UT 1895 1993 *** SEC. 7. [Limitation on alienation of franchise.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 238 009.0 012.0 0 UT 1895 1993 *** SEC. 9. [Places of business, process agent, filing of certified copies of articles.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 239 010.0 012.0 0 UT 1895 1993 *** SEC. 10. [Corporations limited to authorized objects.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 240 011.0 012.0 0 UT 1895 1993 *** SEC. 11. [Franchises may be taken for public use.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 241 012.0 012.0 0 UT 1895 1993 *** SEC. 12. [Common carriers No discrimination.] All common carriers shall provide services without discrimination. (Amended 1/1/1993) *** MEND *** *** MSTART 242 013.0 012.0 0 UT 1895 1993 *** SEC. 13. [Competing railroads not to consolidate.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 243 014.0 012.0 0 UT 1895 1993 *** SEC. 14. [Rolling stock considered personal property.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 244 015.0 012.0 0 UT 1895 1993 *** SEC. 15. [Legislature to prescribe maximum rates Discriminations.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 245 016.0 012.0 0 UT 1895 1993 *** SEC. 16. [Armed bodies not to be brought into state.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 246 018.0 012.0 0 UT 1895 1993 *** SEC. 18. [Liability of stockholders of banks.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 247 019.0 012.0 0 UT 1895 1993 *** SEC 19. [Blacklisting forbidden.] Each person in Utah is free to obtain and enjoy employment whenever possible, and a person or corporation, or their agent, servant, or employee may not maliciously interfere with any person from obtaining employment or enjoying employment already obtained from any person or corporation. (Amended 1/1/1993) *** MEND *** *** MSTART 248 020.0 012.0 0 UT 1895 1993 *** SEC 20. [Free market system as state policy Restraint of trade and monopolies prohibited.] It is the policy of the state of Utah that a free market system shall govern trade and commerce in this state to promote the dispersion of economic and political power and the general welfare of all the people. Each contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is prohibited. Except as otherwise provided by statute, it is also prohibited for any person to monopolize, attempt to monopolize, or combine or conspire with any other person or persons to monopolize any part of trade or commerce. (Amended 1/1/1993) *** MEND *** *** MSTART 249 001.0 021.0 0 UT 1895 1993 *** SEC. 1. [Officers to be paid salaries.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 250 002.0 021.0 0 UT 1895 1993 *** SEC. 2. [Legislature to provide fees Accounting.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 251 012.0 001.0 0 UT 1895 1995 *** 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 the 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, to 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. Where the defendant is otherwise entitled to a preliminary examination, the function of that examination is limited to determining whether probable cause exists unless otherwise provided by statute. Nothing in this constitution shall preclude the use of reliable hearsay evidence as defined by statute or rule in whole or in part at any preliminary examination to determine probable cause or at any pretrial proceeding with respect to release of the defendant if appropriate discovery is allowed as defined by statute or rule. (Amended 1/1/1995) *** MEND *** *** MSTART 252 028.0 001.0 0 UT 1895 1995 *** SEC. 28. [Declaration of the rights of crime victims.] (1) To preserve and protect victims' rights to justice and due process, victims of crimes have these rights, as defined by law: (a) To be treated with fairness, respect, and dignity, and to be free from harassment and abuse throughout the criminal justice process; (b) Upon request, to be informed of, be present at, and to be heard at important criminal justice hearings related to the victim, either in person or through a lawful representative, once a criminal information or indictment charging a crime has been publicly filed in court; and c) To have a sentencing judge, for the purpose of imposing an appropriate sentence, receive and consider, without evidentiary limitation, reliable information concerning the background, character, and conduct of a person convicted of an offense except that this subsection does not apply to capital cases or situations involving privileges. (2) Nothing in this section shall be construed as creating a cause of action for money damages, costs, or attorney's fees, or for dismissing any criminal charge, or relief from any criminal judgment. (3) The provisions of this section shall extend to all felony crimes and such other crimes or acts, including juvenile offenses, as the Legislature may provide. (4) The Legislature shall have the power to enforce and define this section by statute. (Amended 1/1/1995) *** MEND *** *** MSTART 253 005.0 010.0 0 UT 1895 1995 *** 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 state lands, other than sovereign lands and lands granted for other specific purposes; (d) all revenues derived from the use of school trust lands; and (e) other revenues appropriated by the Legislature. (2) The State School Fund principal shall be safely invested and held by the state in perpetuity. Only the interest received from investment of the State School Fund may be expended for the support of the public elementary and secondary schools. The Legislature may make appropriations from school trust land revenues to provide funding necessary for the proper administration and management of those lands consistent with the state's fiduciary responsibilities towards the beneficiaries of the school land trust. Unexpended balances remaining from the appropriation at the end of each fiscal year shall be deposited in the State School Fund. A portion of the interest earnings of the State School Fund, in an amount equal to the total balance in the State School Fund at the close of each calendar year multiplied by the annual rate of inflation for the preceding year, as determined by the state treasurer, shall be retained in the State School Fund and added to the principal. The State School Fund shall be guaranteed by the state against loss or diversion. (3) There is established a Uniform School Fund which shall consist of revenue from the following sources: (a) interest from the State School Fund remaining after deduction of the amount retained in the State School Fund to protect the fund against losses due to inflation; (b) revenues appropriated by the Legislature; and (c) other revenues received by the fund under any other provision of law or by donation. (4) 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. (Amended 1/1/1995) *** MEND *** *** MSTART 254 012.0 013.0 0 UT 1895 1997 *** 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 education system and higher education 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 the 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 of from taxes on intangible property shall be allocated to the support of the public education system and the higher education system as defined in Article X, Section 2 of this Constitution. (Amended 11/5/1996) *** MEND *** *** MSTART 255 010.0 001.0 0 UT 1895 1997 *** SEC. 10. [Trial by jury.] In capital cases the right of trial by jury shall remain inviolate. In capital cases the jury shall consist of twelve persons, and in all other felony cases, the jury shall consist of no fewer than eight persons. In other cases, the Legislature shall establish the number of jurors by statute, but in no event shall a jury consist of fewer than four persons. 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. (Amended 1/1/1997) *** MEND *** *** MSTART 256 029.0 006.0 0 UT 1895 1997 *** SEC. 29. [Lending public credit forbidden Exception.] 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, except as provided in Article X, Section 5. (Amended 1/1/1997) *** MEND *** *** MSTART 257 005.0 010.0 0 UT 1895 1997 *** SEC. 5. [State School Fund and Uniform School Fund Establishment and use Debt guaranty.] (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 state lands, other than sovereign lands and lands granted for other specific purposes; (d) all revenues derived from the use of school trust lands; (e) other revenues appropriated by the Legislature; and (f) other revenues and assets received by the fund under any other provision of law or by bequest or donation. (2) The State School fund principal shall be safely invested and held by the sate in perpetuity. Only the interest received from investment of the State School Fund may be expended for the support of the public education system as defined in Article X, Section 2 of this constitution. The Legislature may make appropriations from school trust land revenues to provide funding necessary for the proper administration and management of those lands necessary for the proper administration and management of those lands consistent with the state's fiduciary responsibilities towards the beneficiaries of the school land trust. Unexpended balances remaining from the appropriation at the end of each fiscal year shall be deposited in the State School Fund. A portion of the interest earnings of the State School Fund, in an amount equal to the total balance in the State School Fund at the close of each calendar year multiplied by the annual rate of inflation for the preceding year, as determined by the state treasurer, shall be retained in the State School Fund and added to the principal. The State School Fund shall be guaranteed by the state against loss or diversion. (3) There is established a Uniform School Fund which shall consist of revenue from the following sources: (a) interest from the State School Fund remaining after deduction of the amount retained in the State School Fund to protect the fund against losses due to inflation; (b) revenues appropriated by the Legislature; and (c) other revenues received by the fund under any other provision of law or by donation. (4) The Uniform School Fund shall be maintained and used for the support of the state's public education system as defined in Article X, Section 2 of this constitution and apportioned as the Legislature shall provide. (5)(a) The state may guarantee the debt of school districts created in accordance with Article XIV, Section 3,and may guarantee debt incurred to refund the school district debt. Any debt guaranty, the school district debt guaranteed thereby, or any borrowing of the state undertaken to facilitate the payment of the state's obligation under any debt guaranty shall not be included as a debt of the state for purposes of the 1.5% limitation of Article XIV, Section 1. (b) The Legislature may provide that reimbursement to the state shall be obtained from monies which otherwise would be used for the support of the educational programs of the school district which incurred the debt with respect to which a payment under the state's guaranty was made. (Amended 1/1/1997) *** MEND *** *** MSTART 258 001.0 013.0 0 UT 1895 1997 *** SEC. 1. [Fiscal year.] The Legislature shall establish the fiscal year of the state. (Amended 1/1/1997) *** MEND *** *** MSTART 259 002.0 013.0 0 UT 1895 1997 *** SEC. 2. [Tangible property to be taxes 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 education al 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 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, held for sale in the ordinary course of business and which constitutes inventory of any retailer, or wholesaler or manufacturer or farmer, or livestock raiser may be deemed for the 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 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 each manner and to such an 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 mill 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. (Amended 1/1/1997) *** MEND *** *** MSTART 260 004.0 013.0 0 UT 1895 1997 *** SEC. 4. [Mines and claims to be assessed Basis and multiple What to be assessed as tangible property.] Repealed (Repealed 1/1/1993) *** MEND *** *** MSTART 261 005.0 013.0 0 UT 1895 1997 *** SEC. 5. [Local authorities to levy local taxes Sharing tax and revenue by political subdivisions Debt guaranty.] 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 and the state may guarantee the debt of school districts and may guarantee debt incurred to refund the school district debt as provided in Article X, Section 5. (Amended 1/1/1997) *** MEND *** *** MSTART 262 009.0 013.0 0 UT 1895 1997 *** SEC. 9. [State expenditure to be kept within revenues.] No appropriation shall be made, or any expenditure authorized by the Legislature, if the expenditure of the State, during any fiscal year, shall exceed the total tax then provided for by law, and applicable for the particular appropriation or expenditure, unless the Legislature making the appropriation shall provide for levying a sufficient tax to pay the appropriation of expenditure with the current 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. (Amended 1/1/1997) *** MEND *** *** MSTART 263 001.0 014.0 0 UT 1895 1997 *** SEC. 1. [Fixing the limit of the state indebtedness Exceptions.] 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 provided in Article XIV, Section 2, 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. (Amended 1/1/1997) *** MEND *** *** MSTART 264 006.0 014.0 0 UT 1895 1997 *** SEC. 6. [State not to assume county, city, town or school district debts Exception.] The State shall not assume the debt, or any part thereof, of any county, city, town or school district except as provided in Article X, Section 5. (Amended 1/1/1997) *** MEND *** *** MSTART 265 006.0 004.0 0 UT 1895 1999 *** SEC. 6. [Mentally incompetent persons, convicted felons, and certain criminals ineligible to vote.] Any mentally incompetent person, any person convicted of a felony, or any person convicted of treason, or a crime against the elective franchise, may not be permitted to vote at any election, or be eligible to hold office in this State until the right to vote or hold elective office is restored as provided by statute. (Amended 1/1/1999) *** MEND *** *** MSTART 266 001.0 006.0 0 UT 1895 1999 *** 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. Legislation initiated to allow, limit, or prohibit the taking of wildlife or the season for or method of taking wildlife shall be adopted upon approval of two-thirds of those voting. 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 law making body of said legal subdivision to be submitted to the voters thereof before such law or ordinance shall take effect. (Amended 1/1/1999) *** MEND *** *** MSTART 267 005.0 006.0 0 UT 1895 1999 *** SEC 5. [Who is eligible as a legislator.] No person shall be eligible to the office of senator or representative who is not: a citizen of the United States; twenty-five years of age; a qualified voter in the district from which the person is chosen; aa resident of the state for three consecutive years immediately prior to the last date provided by statute for filing for the office; and a resident of the district from which the person is elected for six consecutive months immediately prior to the last date provided by statute for filing for the office. 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. (Amended 1/1/1999) *** MEND *** *** MSTART 268 011.0 013.0 0 UT 1895 1999 *** SEC. 11. [Creation of State Tax Commission Membership Governor to appoint Terms Duties County boards Duties.] (1) There shall be a State Tax Commission consisting of four members, not more than two of whom shall belong to the same political party. (2) 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. (3) (a) The State Tax Commission shall administer and supervise the tax laws of the State. (b) It shall assess mines and public utilities and adjust the equalize the valuation and assessment of property among the several counties.(c) It shall have such other powers or original assessment as the Legislature may provide. (d) 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. (4) 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. (5) Notwithstanding the powers granted to the State Tax Commission in this Constitution, the Legislature may authorize any court established under Article VIII to adjudicate, review, reconsider, or redetermine any matter decided by the State Tax Commission or by a County Board of Equalization relating to revenue and taxation as provided by statute. (6) In each county of this State there shall be a County Board of Equalization consisting of the Board of County Commissioners of said county. (7) 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. (8) The state Tax Commission and the County Boards of Equalization shall each have such other powers as may be prescribed by the Legislature. (Amended 1/1/1999) *** MEND *** *** MSTART 269 001.0 020.0 0 UT 1895 1999 *** SEC. 1. [Land grants accepted in 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 here by accepted and, except as provided in Section 2 of this Article, are declared to be 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. (Amended 1/1/1999) *** MEND *** *** MSTART 270 002.0 020.0 0 UT 1895 1999 *** SEC. 2. [School and institutional trust lands.] Lands granted to the State under Sections 6, 8, and 12 of the Utah Enabling Act and other lands which may be added to those lands pursuant to those section through purchase, exchange, or other means, are declared to be school and institutional trust lands, held in trust by the State for the respective beneficiaries and purposes stated in the Enabling Act grants. (Amended 1/1/1999) *** MEND *** *** MSTART 271 002.0 022.0 0 UT 1895 1999 *** SEC. 2. [Property rights of married women.] Repealed (Repealed 1/1/1999) *** MEND *** *** CEND ***