Grateful to Almighty God for life and liberty, we, the people of
Utah, in order to secure and perpetuate the principle of free
government, do ordain and establish this CONSTITUTION.
ARTICLE I. DECLARATION OF RIGHTS
Sec. 1. [Inherent and Inalienable Rights.]
All men have the inherent and inalienable right to enjoy and defend
their lives and liberties; to acquire, possess and protect property;
to worship according to the dictates of their consciences; to assemble
peaceably, protest against wrongs, and petition for redress of
grievances; to communicate freely their thoughts and opinions, being
responsible for the abuse of that right.
1896
Sec. 2. [All political power inherent in the people.]
All political power is inherent in the people; and all free
governments are founded on their authority for their equal protection
and benefit, and they have the right to alter or reform their
government as the public welfare may require.
1896
Sec. 3. [Utah inseparable from the Union.]
The State of Utah is an inseparable part of the Federal Union and the
Constitution of the United States is the supreme law of the land.
1896
Sec. 4. [Religious liberty -- No property qualification to vote or
hold office.]
The rights of conscience shall never be infringed. The State shall
make no law respecting an establishment of religion or prohibiting the
free exercise thereof; no religious test shall be required as a
qualification for any office of public trust or for any vote at any
election; nor shall any person be incompetent as a witness or juror on
account of religious belief or the absence thereof. There shall be no
union of Church and State, nor shall any church dominate the State or
interfere with its functions. No public money or property shall be
appropriated for or applied to any religious worship, exercise or
instruction, or for the support of any ecclesiastical establishment.
No property qualification shall be required of any person to vote, or
hold office, except as provided in this Constitution.
1896
Sec. 5. [Habeus corpus.]
The privilege of the writ of habeas corpus shall not be suspended,
unless, in case of rebellion or invasion, the public safety requires
it.
1896
Sec. 6. [Right to bear arms.]
The individual right of the people to keep and bear arms for security
and defense of self, family, others, property, or the state, as well
as for other lawful purposes shall not be infringed; but nothing
herein shall prevent the legislature from defining the lawful use of
arms.
January 1, 1985
Sec. 7. [Due process of law.]
No person shall be deprived of life, liberty or property, without due
process of law.
1896
Sec. 8. [Offenses bailable.]
(1) All persons charged with a crime shall be bailable except:
(a) persons charged with a capital offense when there is
substantial evidence to support the charge; or
(b) persons charged with a felony while on probation or parole,
or while free on bail awaiting trial on a previous felony
charge, when there is substantial evidence to support the
new felony charge; or
(c) persons charged with any other crime, designated by statute
as one for which bail may be denied, if there is substantial
evidence to support the charge and the court finds by clear
and convincing evidence that the person would constitute a
substantial danger to any other person or to the community
or is likely to flee the jurisdiction of the court if
released on bail.
(2) Persons convicted of a crime are bailable pending appeal only as
prescribed by law.
January 1, 1973
January 1, 1989
Sec. 9. [Excessive bail and fines -- Cruel punishments.]
Excessive bail shall not be required; excessive fines shall not be
imposed; nor shall cruel and unusual punishments be inflicted. Persons
arrested or imprisoned shall not be treated with unnecessary rigor.
1896
Sec. 10. [Trial by jury.]
In capital cases the right of trial by jury shall remain inviolate.
In courts of general jurisdiction, except in capital cases, a jury
shall consist of eight jurors. In courts of inferior jurisdiction a
jury shall consisting of four jurors. In criminal cases the verdict
shall be unanimous. In civil cases three-fourths of the jurors may
find a verdict. A jury in civil cases shall be waived unless demanded.
1896
Sec. 11. [Courts open -- Redress of injuries.]
All courts shall be open, and every person, for an injury done to him
in his person, property or reputation, shall have remedy by due course
of law, which shall be administered without denial or unnecessary
delay; and no person shall be barred from prosecuting or defending
before any tribunal in this State, by himself or counsel, any civil
cause to which he is a party.
1896
Sec. 12. [Rights of accused persons.]
In criminal prosecutions the accused shall have the right to appear
and defend in person and by counsel, to demand the nature and cause of
the accusation against him, to have a copy thereof, to testify in his
own behalf, to be confronted by the witnesses against him, to have
compulsory process to compel the attendance of witnesses in his own
behalf, to have a speedy public trial by an impartial jury of the
county or district in which the offense is alleged to have been
committed, and the right to appeal in all cases. In no instance shall
any accused person, before final judgment, be compelled to advance
money or fees to secure the rights herein guaranteed. The accused
shall not be compelled to give evidence against himself; a wife shall
not be compelled to testify against her husband, nor a husband against
his wife, nor shall any person be twice put in jeopardy for the same
offense.
1896
Sec. 13. [Prosecution by information or indictment -- Grand jury.]
Offenses heretofore required to be prosecuted by indictment, shall be
prosecuted by information after examination and commitment by a
magistrate, unless the examination be waived by the accused with the
consent of the State, or by indictment, with or without such
examination and commitment. The formation of the grand jury and the
powers and duties thereof shall be as prescribed by the Legislature.
January 1, 1949
Sec. 14. [Unreasonable searches forbidden -- Issuance of warrant.]
The right of the people to be secure in their persons, houses, papers
and effects against unreasonable searches and seizures shall not be
violated; and no warrant shall issue but upon probable cause supported
by oath or affirmation, particularly describing the place to be
searched, and the person or thing to be seized.
1896
Sec. 15. [Freedom of speech and of the press -- Libel.]
No law shall be passed to abridge or restrain the freedom of speech or
of the press. In all criminal prosecutions for libel the truth may be
given in evidence to the jury; and if it shall appear to the jury that
the matter charged as libelous is true, and was published with good
motives, and for justifiable ends, the party shall be acquitted; and
the jury shall have the right to determine the law and the fact.
1896
Sec. 16. [No imprisonment for debt -- Exception.]
There shall be no imprisonment for debt except in cases of absconding
debtors.
1896
Sec. 17. [Elections to be free -- Soldiers voting.]
All elections shall be free, and no power, civil or military, shall at
any time interfere to prevent the free exercise of the right of
suffrage. Soldiers, in time of war, may vote at their post of duty,
in or out of the State, under regulations to be prescribed by law.
1896
Sec. 18. [Attainder -- Ex post facto laws -- Impairing contracts.]
No bill of attainder, ex post facto law, or law impairing the
obligation of contracts shall be passed.
1896
Sec. 19. [Treason defined -- Proof.]
Treason against the State shall consist only in levying war against
it, or in adhering to its enemies or in giving them aid and comfort.
No person shall be convicted of treason unless on the testimony of two
witnesses to the same overt act.
1896
Sec. 20. [Military subordinate to the civil power.]
The military shall be in strict subordination to the civil power, and
no soldier in time of peace, shall be quartered in any house without
the consent of the owner, nor in time of war except in a manner to be
prescribed by law.
1896
Sec. 21. [Slavery forbidden.]
Neither slavery nor involuntary servitude, except as a punishment for
crime, whereof the party shall have been duly convicted, shall exist
within this State.
1896
Sec. 22. [Private property for public use.]
Private property shall not be taken or damaged for public use without
just compensation.
1896
Sec. 23. [Irrevocable franchises forbidden.]
No law shall be passed granting irrevocably any franchise, privilege
or immunity.
1896
Sec. 24. [Uniform operation of laws.]
All laws of a general nature shall have uniform operation.
1896
Sec. 25. [Rights retained by people.]
This enumeration of rights shall not be construed to impair or deny
others retained by the people.
1896
Sec. 26. [Provisions mandatory and prohibitory.]
The provisions of this Constitution are mandatory and prohibitory,
unless by express words they are declared to be otherwise.
1896
Sec. 27. [Fundamental rights.]
Frequent recurrence to fundamental principles is essential to the
security of individual rights and the perpetuity of free government.
1896
ARTICLE II. STATE BOUNDARIES
Sec. 1. [State boundaries.]
The boundaries of The State of Utah shall be as follows:
Beginning at a point formed by the intersection of the
thirty-second degree of longitude west from Washington, with the
thirty-seventh degree of north latitude; thence due west along said
thirty-seventh degree of north latitude to the intersection of the
same with the thirty-seventh degree of longitude west from Washington;
thence due north along said thirty-seventh degree of west longitude to
the intersection of the same with the forty-second degree of north
latitude; thence due east along said forty-second degree of north
latitude to the intersection of the same with the thirty fourth degree
of longitude west from Washington; thence due south along said
thirty-fourth degree of west longitude to the intersection of the same
with the forty-first degree of north latitude; thence due east along
said forty-first degree of north latitude to the intersection of the
same with the thirty-second degree of longitude west from Washington;
thence due south along said thirty-second degree of west longitude to
the place of beginning.
1896
ARTICLE III. ORDINANCE
The following ordinance shall be irrevocable without the consent of
the United States and the people of this State:
[Religious toleration -- Polygamy forbidden.]
First: -Perfect toleration of religious sentiment is guaranteed. No
inhabitant of this State shall ever be molested in person or property
on account of his or her mode of religious worship; but polygamous or
plural marriages are forever prohibited.
1896
[Right to public domain disclaimed -- Taxation of lands -- Exemption.]
Second: -The people inhabiting this State do affirm and declare that
they forever disclaim all right and title to the unappropriated public
lands lying within the boundaries hereof, and to all lands lying
within said limits owned or held by any Indian or Indian tribes, and
that until the title thereto shall have been extinguished by the
United States, the same shall be and remain subject to the disposition
of the United States, and said Indian lands shall remain under the
absolute jurisdiction and control of the Congress of the United
Slates. The lands belonging to citizens of the United States, residing
without this State shall never be taxed at a higher rate than the
lands belonging to residents of this State; but nothing in this
ordinance shall preclude this state from taxing, as other lands are
taxed, any lands owned or held by any Indian who has severed his
tribal relations, and has obtained from the United States or from any
person, by patent or other grant, a title thereto, save and except
such lands as have been or may be granted to any Indian or Indians
under any act of Congress, containing a provision exempting the lands
thus granted from taxation, which last mentioned lands shall be exempt
from taxation so long, and to such extent, as is or may be provided in
the act of Congress granting the same.
January 1, 1947
[Territorial debts assumed.]
Third: -All debts and liabilities of the Territory of Utah, incurred
by authority of the Legislative Assembly thereof, are hereby assumed
and shall be paid by this State.
1896
[Free nonsectarian schools.]
Fourth: -The Legislature shall make laws for the establishment and
maintenance of a system of public schools, which shall be open to all
the children of the State and be free from sectarian control.
1896
ARTICLE IV. ELECTIONS AND RIGHT OF SUFFRAGE
Sec. 1. [Equal political rights.]
The rights of citizens of the State of Utah to vote and hold office
shall not be denied or abridged on account of sex. Both male and
female citizens of this State shall enjoy equally all civil, political
and religious rights and privileges.
1896
Sec. 2. [Qualifications to vote.]
Every citizen of the United States, eighteen years of age or over, who
makes proper proof of residence in this state for thirty days next
preceding any election, or for such other period as required by law,
shall be entitled to vote in the election.
January 1, 1971
January 1, 1977
Sec. 3. [Voters -- Immunity from arrest.]
In all cases except those of treason, felony or breach of the peace,
voters shall be privileged from arrest on the days of election, during
their attendance at elections, and going to and returning therefrom.
January 1, 1977
Sec. 4. [Voters -- Immunity from militia duty.]
No voter shall be obliged to perform militia duty on the day of
election except in time of war or public danger.
January 1, 1977
Sec. 5. [Voters to be citizens of United States.]
No person shall be deemed a qualified voter of this State unless such
person be a citizen of the United States.
January 1, 1977
Sec. 6. [Mentally incompetent persons and certain criminals ineligible
to vote.]
No mentally incompetent person or person convicted of treason, or
crime against the elective franchise, unless restored to civil rights,
shall be permitted to vote at any election, or be eligible to hold
office in this State.
January 1, 1977
Sec. 7. [Property qualification forbidden.]
No property qualification shall be required for any person to vote or
hold office.
January 1, 1977
Sec. 8. [Ballot to be secret.]
All elections shall be by secret ballot. Nothing in this section
shall be construed to prevent the use of any machine or mechanical
contrivance for the purpose of receiving and registering the votes
cast at any election: Provided, That secrecy in voting be preserved.
1896
Sec. 9. [Elections, when held -- Terms, when begin.]
All general elections, except for municipal and school officers, shall
be held on the Tuesday next following the first Monday in November of
the year in which the election is held. Special elections may be held
as provided by law. The terms of all officers elected at any general
election, shall commence on the first Monday in January next following
the date of their election. Municipal and School officers shall be
elected at such time as may be provided by law.
1896
Sec. 10. [Oath of office.]
All officers made elective or appointive by this Constitution or by
the laws made in pursuance thereof, before entering upon the duties of
their respective offices, shall take and subscribe the following oath
or affirmation: "I do solemnly swear (or affirm) that I will support,
obey and defend the Constitution of the United States and the
Constitution of this State, and that I will discharge the duties of my
office with fidelity."
1896
ARTICLE V. DISTRIBUTION OF POWERS
Sec. 1. [Three departments of government.]
The powers of the government of the State of Utah shall be divided
into three distinct departments, the Legislative, the Executive, and
the Judicial; and no person charged with the exercise of powers
properly belonging to one of these departments, shall exercise any
functions appertaining to either of the others, except in the cases
herein expressly directed or permitted.
1896
ARTICLE VI. LEGISLATIVE DEPARTMENT
Sec. 1. [Power vested in Senate, House and People.]
The Legislative power of the State shall be vested:
1. In a Senate and House of Representatives which shall be
designated the Legislature of the State of Utah.
2. In the people of the State of Utah, as hereinafter stated:
The legal voters or such fractional part thereof, of the State of Utah
as may be provided by law, under such conditions and in such manner
and within such time as may be provided by law, may initiate any
desired legislation and cause the same to be submitted to a vote of
the people for approval or rejection, or may require any law passed by
the Legislature (except those laws passed by a two-thirds vote of the
members elected to each house of the Legislature) to be submitted to
the voters of the State before such law shall take effect.
The legal voters or such fractional part thereof as may be
provided by law, of any legal subdivision of the State, under such
conditions and in such manner and within such time as may be provided
by law, may initiate any desired legislation and cause the same to be
submitted to a vote of the people of said legal subdivision for
approval or rejection, or may require any law or ordinance passed by
the lawmaking body of said legal subdivision to be submitted to the
voters thereof before such law or ordinance shall take effect.
November 6, 1900
Sec. 2. [Time of sessions.]
Annual general sessions of the legislature shall be held at the seat
of government and shall begin on the second Monday in January.
January 1, 1969
January 1, 1985
Sec. 3. [Members of House, how and when chosen.]
The members of the House of Representatives, after the first election,
shall be chosen by the qualified voters of the respective
representative districts, on the first Tuesday after the first Monday
in November, 1896 and biennially thereafter. Their term of office
shall be two years, from the first day of January next after their
election.
November 7, 1972
Sec. 4. [Senators, how and when chosen.]
The senators shall be chosen by the qualified voters of the respective
senatorial districts, at the same times and places as members of the
House of Representatives, and their term of office shall be four years
from the first day of January next after their election and as nearly
one-half as may be practicable shall be elected in each biennium as
the Legislature shall determine by law with each apportionment.
November 7, 1972
Sec. 5. [Who eligible as legislator.]
No person shall be eligible to the office of senator or representative
who as of the last date provided by law for filing for the office is
not a citizen of the United States, twenty-five years of age, a
qualified voter in the district from which he is chosen, a resident
for three years of the State, and for six months of the district from
which he is elected. No person elected to the office of senator or
representative shall continue to serve in that office after ceasing to
be a resident of the district from which elected.
November 7, 1972
January 1, 1983
Sec. 6. [Who ineligible as legislator.]
No person holding any public office of profit or trust under authority
of the United States, or of this State, shall be a member of the
Legislature: Provided That appointments in the State Militia, and the
offices of notary public, justice of the peace, United States
commissioner, and postmaster of the fourth class, shall not, within
the meaning of this section, be considered offices of profit or trust.
1896
Sec. 7. [Ineligibility of member to office created at term for which
elected.]
No member of the Legislature, during the term for which he was
elected, shall be appointed or elected to any civil office of profit
under this State, which shall have been created, or the emoluments of
which shall have been increased, during the term for which he was
elected.
1896
Sec. 8. [Privilege from arrest.]
Members of the Legislature, in all cases except treason, felony or
breach of the peace, shall be privileged from arrest during each
session of the Legislature, for fifteen days next preceding each
session, and in returning therefrom; and for words used in any speech
or debate in either house, they shall not be questioned in any other
place.
1896
Sec. 9. [Compensation of legislators -- Citizens' salary commission.]
The Legislature shall not increase the salaries of its members on its
own initiative, but shall provide by law for the appointment by the
Governor of a citizens' salary commission to make recommendations
concerning the salaries of members of the Legislature. Upon
submission of the commission's recommendations, the Legislature shall
by law accept, reject or lower the salary but may not, in any event,
increase the recommendation. The Legislature shall provide by law
for the expenses of its members. Until salaries and expenses enacted
as authorized by this section become effective, members of the
Legislature shall receive compensation of $25 per diem while actually
in session, expenses of $15 per diem while actually in session, and
mileage as provided by law.
January 1, 1975
January 1, 1951
January 1, 1969
January 1, 1983
Sec. 10. [Each house to be judge of election, and qualifications of
its members -- Expulsion.]
Each house shall be the judge of the election and qualifications of
its members, and may punish them for disorderly conduct, and with the
concurrence of two-thirds of all the members elected, expel a member
for cause.
1896
Sec. 11. [Majority is quorum -- Attendance compelled.]
A majority of the members of each house shall constitute a quorum to
transact business, but a smaller number may adjourn from day to day,
and may compel the attendance of absent members in such manner and
under such penalties as each house may prescribe.
1896
Sec. 12. [Rules -- Choosing officers and employees.]
Each house shall determine the rules of its proceedings and choose its
own officers and employees.
1896
Sec. 13. [Vacancies to be filled.]
Vacancies that may occur in either house of the Legislature shall be
filled in such manner as may be provided by law.
November 4, 1930
Sec. 14. [Journals -- Yeas and nays.]
Each house shall keep a journal of its proceedings, which, except in
case of executive sessions, shall be published, and the yeas and nays
on any question, at the request of five members of such house, shall
be entered upon the journal.
1896
Sec. 15. [Sessions to be public -- Adjournments.]
All sessions of the Legislature, except those of the Senate while
sitting in executive session, shall be public; and neither house,
without the consent of the other, shall adjourn for more than three
days, nor to any other place than that in which it may be holding
session.
1896
Sec. 16. [Duration of sessions.]
No annual general session of the legislature shall exceed 45 calendar
days, except in cases of impeachment. No special session shall exceed
30 calendar days, except in cases of impeachment. When any session of
the legislature trying cases of impeachment exceeds the number of days
it may remain in session as provided in this section, the members
shall receive compensation only for expenses and mileage for those
days in excess of 30.
January 1, 1969
January 1, 1985
Sec. 17. [Impeachment by House.]
The House of Representatives shall have the sole power of impeachment,
but in order to impeach, two-thirds of all the members elected must
vote therefor.
1896
Sec. 18. [Trial of impeachment by Senate.]
All impeachments shall be tried by the Senate, and senators, when
sitting for that purpose, shall take oath or make affirmation to do
justice according to the law and the evidence. When the Governor is on
trial, the Chief Justice of the Supreme Court shall preside. No
person shall be convicted without the concurrence of two-thirds of the
senators elected.
1896
Sec. 19. [Officers liable for impeachment -- Judgment -- Prosecution
by law.]
The Governor and other State and Judicial officers, except justices of
the peace, shall be liable to impeachment for high crimes,
misdemeanors, or malfeasance in office; but judgment in such cases
shall extend only to removal from office and disqualification to hold
any office of honor, trust or profit in the State. The party, whether
convicted or acquitted, shall, nevertheless, be liable to prosecution,
trial and punishment according to law.
1896
Sec. 20. [Service of articles of impeachment.]
No person shall be tried on impeachment, unless he shall have been
served with a copy of the articles thereof, at least ten days before
the trial, and after such service he shall not exercise the duties of
his office until he shall have been acquitted.
1896
Sec. 21. [Removal of officers.]
All officers not liable to impeachment shall be removed for any of the
offenses specified in this article, in such manner as may be provided
by law.
1896
Sec. 22. [Reading of bills -- Bill to contain only one subject --
Bills passed by majority.]
Every bill shall be read by title three separate times in each house
except in cases where two-thirds of the house where such bill is
pending suspend this requirement. Except general appropriation bills
and bills for the codification and general revision of laws, no bill
shall be passed containing more than one subject, which shall be
clearly expressed in its title. The vote upon the final passage of all
bills shall be by yeas and nays and entered upon the respective
journals of the house in which the vote occurs. No bill or joint
resolution shall be passed except with the assent of the majority of
all the members elected to each house of the Legislature
November 6, 1900
November 7, 1972
Sec. 23. [Bill to contain only one subject.]
Transferred to Sec. 22, January 1, 1983
Sec. 24. [Presiding officers to sign bills.]
The presiding officer of each house, not later than five days
following adjournment, shall sign all bills and joint resolutions
passed by the Legislature, certifying to their accuracy and
authenticity as enacted by the Legislature.
November 7, 1972
Sec. 25. [Publication of accounts -- Effective dates of acts.]
All acts shall be officially published, and no act shall take effect
until sixty days after the adjournment of the session at which it
passed, unless the Legislature by a vote of two-thirds of all members
elected to each house, shall otherwise direct.
November 7, 1972
Sec. 26. [Private laws forbidden.]
No private or special law shall be enacted where a general law can be
applicable.
November 7, 1972
Sec. 27. [Lotteries not authorized.]
The Legislature shall not authorize any game of chance, lottery or
gift enterprise under any pretense or for any purpose.
November 7, 1972
Sec. 28. [Special privileges forbidden.]
The Legislature shall not delegate to any special commission, private
corporation or association, any power to make, supervise or interfere
with any municipal improvement, money, property or effects, whether
held in trust or otherwise, to levy taxes, to select a capitol site,
or to perform any municipal functions.
November 7, 1972
Sec. 29. [Lending public credit forbidden.]
The Legislature shall not authorize the State, or any county, city,
town, township, district or other political subdivision of the State
to lend its credit or subscribe to stock or bonds in aid of any
railroad, telegraph or other private individual or corporate
enterprise or undertaking.
November 7, 1972
Sec. 30. [Continuity in government.]
(1) Notwithstanding any general or special provisions of the
Constitution, in order to insure continuity of state and local
government operations when such operations are seriously
disrupted as a result of natural or man-made disaster or disaster
caused by enemy attack, the Legislature may:
(a) provide for prompt and temporary succession to the powers
and duties of any elected or appointed public office, the
incumbents of which may become unavailable for carrying on
the powers and duties of such offices; and
(b) adopt measures necessary and proper for insuring the
continuity of governmental operations including, but not
limited to, the financing thereof.
(2) Subsection (1) does not permit these temporary public officers to
act or these temporary measures to be contrary to the
Constitution and applicable law.
November 7, 1972
January 1, 1991
Sec. 31. [Additional compensation of legislators.]
For attendance at meetings of interim committees established by law to
function between legislative sessions, members of the Legislature
shall receive additional per diem compensation and mileage at a rate
not to exceed that provided in this Constitution for regular
legislative sessions.
November 7, 1972
Sec. 32. [Appointment of additional employees.]
The Legislature may appoint temporary or permanent nonmember employees
for work during and between sessions, including independent legal
counsel which shall provide and control all legal services for the
Legislature except as the Legislature by law shall authorize
performance thereof by the attorney general.
November 7, 1972
Sec. 33. [Legislative auditor appointed.]
The Legislature shall appoint a legislative auditor to serve at its
pleasure. The legislative auditor shall have authority to conduct
audits of any funds, functions, and accounts in any branch,
department, agency or political subdivision of this state and shall
perform such other related duties as may be prescribed by the
Legislature. He shall report to and be answerable only to the
Legislature.
November 7, 1972
ARTICLE VII. EXECUTIVE DEPARTMENT
Sec. 1. [Executive department -- Terms, residence, and duties of
officers.]
The elective constitutional officers of the Executive Department shall
consist of Governor, Lieutenant Governor, State Auditor, State
Treasurer, and Attorney General, each of whom shall hold office for
four years, beginning on the first Monday of January next after
election. The officers of the Executive Department, during their
terms of office, shall reside within the State and shall keep the
public records, books and papers as provided by law. They shall
perform such duties as are proscribed by this Constitution and as
provided by law.
January 1, 1981
Sec. 2. [Election -- Tie, Legislature to elect -- Governor and
Lieutenant Governor elected jointly.]
The officers provided for in Sec. 1 of this article shall be elected
by the qualified voters of the State at the time and place of voting
for members of the Legislature, and the persons respectively having
the highest number of votes cast for the office voted for shall be
elected; but if two or more shall have an equal and the highest number
of votes for any one of said offices, the two houses of the
Legislature, at its next session, shall elect forthwith by joint
ballot one of such persons for said office.
In the election, the names of the candidates for Governor and
Lieutenant Governor for each political party shall appear together on
the ballot, and the votes cast for a candidate for Governor shall be
considered as also cast for the candidate for Lieutenant Governor.
January 1, 1981
Sec. 3. [Qualifications of Governor, Lieutenant Governor, Attorney
General and other executive offices.]
To be eligible for the office of Governor or Lieutenant Governor a
person shall have attained the age of thirty years at the time of
election. To be eligible for the office of Attorney General a person
shall, at the time of election, have attained the age of twenty-five
years, be admitted to practice before the Supreme Court of the State
of Utah and be in good standing at the bar. No person shall be
eligible to any of the offices provided for in Sec. 1 of this article,
unless at the time of election that person is a qualified voter and
shall have been a resident citizen of the State for five years next
preceding election.
January 1, 1981
Sec. 4. [Governor commander-in-chief.]
The Governor shall be Commander-in-Chief of the military forces of the
State, except when they shall be called into the service of the United
States. The Governor shall have power to call out the militia to
execute the laws, to suppress insurrection, or to repel invasion.
January 1, 1981
Sec. 5. [Executive power vested in Governor -- Duties.]
The executive power of the State shall be vested in the Governor, who
shall see that the laws are faithfully executed. The Governor shall
transact all executive business with the officers of the government,
civil and military, and may require information in writing from the
officers of the Executive Department, and from the officers and
managers of State Institutions upon any subject relating to the
condition, management, and expenses of their respective offices and
institutions, and at any time when the Legislature is not in session,
may, if deemed necessary, appoint a committee to investigate and
report to the Governor upon the condition of any executive office or
State Institution. The Governor shall communicate by message the
condition of the State to the Legislature at every regular session,
and recommend such measures as may be deemed expedient.
January 1, 1981
Sec. 6. [Convening of extra sessions of legislature.]
On extraordinary occasions, the Governor may convene the Legislature
by proclamation, in which shall be stated the purpose for which the
Legislature is to be convened, and it shall transact no legislative
business except that for which it was especially convened, or such
other legislative business as the Governor may call to its attention
while in session. The Legislature, however, may provide for the
expenses of the session and other matters incidental thereto. The
Governor may also by proclamation convene the Senate in extraordinary
session for the transaction of executive business.
1896
Sec. 7. [Adjournment of Legislature by Governor.]
In case of a disagreement between the two houses of the Legislature at
any special session, with respect to the time of adjournment, the
Governor shall have power to adjourn the Legislature to such time as
the Governor may think proper if it is not beyond the time fixed for
the convening of the next Legislature.
January 1, 1981
Sec. 8. [Bills presented to Governor -- Veto -- Appropriation bills --
Reconvening of Legislature to consider vetoed bills.]
Every bill passed by the Legislature, before it becomes a law, shall
be presented to the Governor; if approved, the Governor shall sign it,
and thereupon it shall become a law; but if disapproved, the bill
shall be resumed with the Governor's objections to the house in which
it originated, which house shall enter the objections at large upon
its journal and proceed to reconsider the bill. If upon
reconsideration the bill again passes both houses by a yea and nay
vote of two-thirds of the members elected to each house, it shall
become a law. If any bill is not returned by the Governor within ten
days after it has been presented to the Governor, Sunday and the day
it was received excepted, it shall become a law without a signature;
but if legislative adjournment prevents return of the bill, it shall
become a law unless the Governor within twenty days after adjournment
files the objections thereto with such officers as provided by law.
The Governor may disapprove any item of appropriation contained in any
bill while approving other portions of the bill; and in such case the
Governor shall append to the bill at the time of signing it a
statement of the item or items which are disapproved, together with
the reasons therefor, and such item or items shall not take effect
unless passed over the Governor's objections as provided in this
section. If the Governor disapproves any bill or item of
appropriation after the adjournment sine die of any session of the
Legislature, the presiding officer of each house shall poll the
members of that house on the matter of reconvening the Legislature.
If two-thirds of the members of each house are in favor of
reconvening, the Legislature shall be convened in a session not to
exceed five calendar days and at a time set jointly by the presiding
officer of each house, solely for the purpose of reconsidering the
bill or item of appropriation disapproved. If upon reconsideration,
the bill or item of appropriation again passes both houses of the
Legislature by a yea and nay vote of two-thirds of the members elected
to each house, the bill shall become law or the item of appropriation
shall take effect.
January 1, 1981
Sec. 9. [Governor may fill certain vacancies.]
When any State or district office shall become vacant, and no mode is
provided by the Constitution and laws for filling such vacancy, the
Governor shall have the power to fill the same by granting a
commission, which shall expire at the next election, and upon
qualification of the person elected to such office.
1896
Sec. 10. [Governor's appointive power -- Vacancies.]
The Governor shall nominate, and by and with consent of the Senate,
appoint all State and district officers whose offices are established
by this Constitution, or which may be created by law, and whose
appointment or election is not otherwise provided for. If, during the
recess of the Senate, a vacancy occurs in any State or district
office, the Governor shall appoint some qualified person to discharge
the duties thereof until the next meeting of the Senate, when the
Governor shall nominate some person to fill such office. If the office
of Lieutenant Governor, State Auditor, State Treasurer or Attorney
General be vacated by death, resignation or otherwise, it shall be the
duty of the Governor to fill the same by appointment, from the same
political party of the removed person; and the appointee shall hold
office until a successor shall be elected and qualified, as provided
by law.
January 1, 1981
Sec. 11. [Vacancy in office of Governor -- Determination of disability.]
In case of the death of the Governor, impeachment, removal from
office, resignation, or disability to discharge the duties of the
office, or in case of a Governor-elect who fails to take office, the
powers and duties of the Governor shall devolve upon the Lieutenant
Governor until the disability ceases or until the next general
election, when the vacancy shall be filled by election. If, during a
vacancy in the office of Governor, the Lieutenant Governor resigns,
dies, is removed, or becomes incapable of performing the duties of the
office, the President of the Senate shall act as Governor until the
vacancy is filled or disability ceases. If in this case the President
of the Senate resigns, dies, is removed, or becomes incapable of
performing the duties of the office, the Speaker of the House shall
act as Governor until the vacancy is filled or disability ceases.
While performing the duties of the Governor as provided in this
section, the Lieutenant Governor, the President of the Senate, or the
Speaker of the House, as the case may be, shall be entitled to the
salary and emoluments of the Governor, except in cases of temporary
disability.
The disability of the Governor or person acting as Governor shall
be determined by either a written declaration transmitted to the
Supreme Court by the Governor stating an inability to discharge the
powers and duties of the office or by a majority of the Supreme Court
on joint request of the President of the Senate and the Speaker of the
House of Representatives. Such determination shall be final and
conclusive. Thereafter, when the Governor transmits to the Supreme
Court a written declaration that no disability exists, the Governor
shall resume the powers and duties of the office unless the Supreme
Court, upon joint request of the President of the Senate and the
Speaker of the House of Representatives, or upon its own initiative,
determines that the Governor is unable to discharge the powers and
duties of the office. The Lieutenant Governor shall then continue to
discharge these powers and duties as acting Governor. The Supreme
Court has exclusive jurisdiction to determine all questions arising
under this section.
January 1, 1981
Sec. 12. [Board of pardons -- Respites and reprieves.]
Until otherwise provided by law, the Governor, Justices of the Supreme
Court and Attorney General shall constitute a Board of Pardons, a
majority of whom, including the Governor, upon such conditions as may
be established by the Legislature, may remit fines and forfeitures,
commute punishments, and grant pardons after convictions, in all cases
except treason and impeachments, subject to such regulations as may be
provided by law, relative to the manner of applying for pardons; but
no fine or forfeiture shall be remitted, and no commutation or pardon
granted, except after a full hearing before the Board, in open
session, after previous notice of the time and place of such hearing
has been given. The proceedings and decisions of the Board, with the
reasons therefor in each case, together with the dissent of any member
who may disagree, shall be reduced to writing, and filed with all
papers used upon the hearing, in the office of such officer as
provided by law.
The Governor shall have power to grant respites or reprieves in
all cases of convictions for offenses against the State, except
treason or conviction on impeachment; but such respites or reprieves
shall not extend beyond the next session of the Board of Pardons; and
such Board, at such session, shall continue or determine such respite
or reprieve, or they may commute the punishment, or pardon the offense
as herein provided. In case of conviction for treason, the Governor
shall have the power to suspend execution of the sentence, until the
case shall be reported to the Legislature at its next regular session,
when the Legislature shall either pardon, or commute the sentence, or
direct execution; and the Governor shall communicate to the
Legislature at each regular session, each case of remission of fine or
forfeiture, reprieve, commutation or pardon granted since the last
previous report, stating the name of the convict, the crime for which
convicted, the sentence and its date, the date of remission,
commutation, pardon or reprieve, with the reasons for granting the
same, and the objections, if any, of any member of the Board made
thereto.
January 1, 1981
Sec. 13. [Board of Examiners.]
Until otherwise provided by law, the Governor, Attorney General, and
State Auditor shall constitute a Board of Examiners, with power to
examine all such claims against the State as provided by law, and
perform such other duties as provided by law; and no such claim
against the State shall be passed upon by the Legislature without
having been considered and acted upon by the Board of Examiners.
January 1, 1981
Sec. 14. [Duties of Lieutenant Governor.]
The Lieutenant Governor shall serve on all boards and commissions in
lieu of the Governor whenever so designated by the Governor, shall
perform such duties as may be delegated by the Governor, and shall
perform such other duties as may be provided by law.
January 1, 1981
Sec. 15. [Duties of State Auditor and State Treasurer.]
The State Auditor shall perform financial post audits of Public
Accounts, except as otherwise provided by this Constitution, and the
State Treasurer shall be the custodian of public moneys; and each
shall perform such other duties as provided by law.
January 1, 1981
Sec. 16. [Duties of Attorney General.]
The Attorney General shall be the legal adviser of the State officers,
except as otherwise provided by this Constitution, and shall perform
such other duties as provided by law.
January 1, 1981
Sec. 17. [Duties of Superintendent of Public Instruction.]
Repealed July 1, 1987
Sec. 18. [Compensation of State and District officers.]
The Governor, Lieutenant Governor, State Auditor, State Treasurer,
Attorney General and such other State and District officers as
provided for by law, shall receive for their services a compensation
as fixed by law. The compensation for said officers as provided in
all laws enacted pursuant to this Constitution, shall be in full for
all services rendered by said officers, respectively, in any official
capacity or employment during their respective terms of office. No
such officer shall receive for the performance of any official duty
any fee for personal use, but all fees fixed by law for the
performance by either of them of any official duty, shall be collected
in advance and deposited with the State Treasurer monthly to the
credit of the State. The Legislature may provide for the payment of
actual and necessary expenses of said officers while traveling in the
performance of official duties.
January 1, 1981
Sec. 19. [Grants and commissions.]
All grants and commissions shall be in the name and by the authority
of the State of Utah, sealed with the Great Seal of the State, signed
by the Governor, and countersigned by such officer as provided by law.
January 1, 1981
Sec. 20. [The Great Seal.]
There shall be a seal of the State, which shall be called "The Great
Seal of the State of Utah," and shall be kept by such officer as
provided by law.
January 1, 1981
Sec. 21. [United States' officials ineligible to hold state office.]
No person, while holding any office under the United States'
government, shall hold any office under the State government of Utah.
January 1, 1981
Sec. 22. [The Great Seal.]
Transferred to Sec. 20, January 1, 1981
Sec. 23. [United States officials ineligible -- Governor not eligible
for senate.]
Repealed in part and transferred in part to Sec. 21, January 1, 1981
Sec. 24. [Temporary succession to public offices in emergency.]
Unconstitutional -- Lee v. State, 13 U.2d 15, 367 P. 2d 861 (1962).
Repealed January 1, 1981
ARTICLE VIII. JUDICIAL DEPARTMENT
Sec. 1. [Judicial powers -- Courts.]
The judicial power of the state shall be vested in a Supreme Court, in
a trial court of general jurisdiction known as the district court, and
in such other courts as the Legislature by statute may establish. The
Supreme Court, the district court, and such other courts designated by
statute shall be courts of record. Courts not of record shall also be
established by statute.
July 1, 1985
Sec. 2. [Supreme court -- Chief justice -- Declaring law
unconstitutional -- Justice unable to participate.]
The Supreme Court shall be the highest court and shall consist of at
least five justices. The number of justices may be changed by
statute, but no change shall have the effect of removing a justice
from office. A chief justice shall be selected from among the justices
of the Supreme Court as provided by statute. The chief justice may
resign as chief justice without resigning from the Supreme Court. The
Supreme Court by rule may sit and render final judgment either en banc
or in divisions. The court shall not declare any law unconstitutional
under this constitution or the Constitution of the United States,
except on the concurrence of a majority of all justices of the Supreme
Court. If a justice of the Supreme Court is disqualified or otherwise
unable to participate in a cause before the court, the chief justice,
or in the event the chief justice is disqualified or unable to
participate, the remaining justices, shall call an active judge from
an appellate court or the district court to participate in the cause.
January 1, 1945
July 1, 1985
Sec. 3. [Jurisdiction of Supreme Court.]
The Supreme Court shall have original jurisdiction to issue all
extraordinary writs and to answer questions of state law certified by
a court of the United States. The Supreme Court shall have appellate
jurisdiction over all other matters to be exercised as provided by
statute, and power to issue all writs and orders necessary for the
exercise of the Supreme Court's jurisdiction or the complete
determination of any cause.
July 1, 1985
Sec. 4. [Rulemaking power of Supreme Court -- Judges pro tempore --
Regulation of practice of law.]
The Supreme Court shall adopt rules of procedure and evidence to be
used in the courts of the state and shall by rule manage the appellate
press. The Legislature may amend the rules of procedure and evidence
adopted by the Supreme Court upon a vote of two-thirds of all members
of both houses of the Legislature. Except as otherwise provided by
this constitution, the Supreme Court by rule may authorize retired
justices and judges and judges pro tempore to perform any judicial
duties. Judges pro tempore shall be citizens of the United States,
Utah residents, and admitted to practice law in Utah. The Supreme
Court by rule shall govern the practice of law, including admission to
practice law and the conduct and discipline of persons admitted to
practice law.
July 1, 1985
Sec. 5. [Jurisdiction of district court and other courts -- Right of
appeal.]
The district court shall have original jurisdiction in all matters
except as limited by this constitution or by statute, and power to
issue all extraordinary writs. The district court shall have
appellate jurisdiction as provided by statute. The jurisdiction of
all other courts, both original and appellate, shall be provided by
statute. Except for matters filed originally with the Supreme Court,
there shall be in all cases an appeal of right from the court of
original jurisdiction to a court with appellate jurisdiction over the
cause.
January 1, 1945
July 1, 1985
Sec. 6. [Number of judges of district court and other courts -- Divisions.]
The number of judges of the district court and of other courts of
record established by the Legislature shall be provided by statute.
No change in the number of judges shall have the effect of removing a
judge from office during a judge's term of office. Geographic
divisions for all courts of record except the Supreme Court may be
provided by statute. No change in divisions shall have the effect of
removing a judge from office during a judge's term of office.
January 1, 1945
July 1, 1985
Sec. 7. [Qualifications of justices and judges.]
Supreme court justices shall be at least 30 years old, United States
citizens, Utah residents for five years preceding selection, and
admitted to practice law in Utah. Judges of other courts of record
shall be at least 25 years old, United States citizens, Utah residents
for three years preceding selection, and admitted to practice law in
Utah. It geographic divisions are provided for any court, Judges of
that court shall reside in the geographic division for which they are
selected.
July 1, 1985
Sec. 8. [Vacancies -- Nominating commissions -- Senate approval.]
When a vacancy occurs in a court of record, the Governor shall fill
the vacancy by appointment from a list of at least three nominees
certified to the Governor by the Judicial Nominating Commission having
authority over the vacancy. The Governor shall fill the vacancy
within 30 days after receiving the list of nominees. If the Governor
fails to fill the vacancy within the time prescribed, the chief
justice of the Supreme Court shall within 20 days make the appointment
from the list of nominees. The Legislature by statute shall provide
for the nominating commissions' composition and procedures. No member
of the Legislature may serve as a member of, nor may the Legislature
appoint members to, any Judicial Nominating Commission. The Senate
shall consider and render a decision on each judicial appointment
within 30 days of the date of appointment. If necessary, the Senate
shall convene itself in extraordinary session for the purpose of
considering judicial appointments. The appointment shall be effective
upon approval of a majority of all members of the Senate. If the
Senate fails to approve the appointment, the office shall be
considered vacant and a new nominating process shall commence.
Selection of judges shall be based solely upon consideration of
fitness for office without regard to any partisan political
considerations.
July 1, 1985
Sec. 9. [Judicial retention elections.]
Each appointee to a court of record shall be subject to an unopposed
retention election at the first general election held more than three
years after appointment. Following initial voter approval, each
Supreme Court justice every tenth year, and each judge of other courts
of record every sixth year, shall be subject to an unopposed retention
election at the corresponding general election. Judicial retention
elections shall be held on a nonpartisan ballot in a manner provided
by statute. If geographic divisions are provided for any court of
record, the Judges of those courts shall stand for retention election
only in the geographic division to which they are selected.
July 1, 1985
Sec. 10. [Restrictions on justices and judges.]
Supreme court justices, district court judges, and judges of all other
courts of record while holding office may not practice law, hold any
elective nonjudicial public office, or hold office in a political
party.
January 1, 1985
Sec. 11. [Judges of courts not of record.]
Judges of courts not of record shall be selected in a manner, for a
term, and with qualifications provided by statute. However, no
qualification may be imposed which requires judges of courts not of
record to be admitted to practice law. The number of judges of courts
not of record shall be provided by statute.
July 1, 1985
Sec. 12. [Judicial Council -- Chief justice as administrative officer.]
A Judicial Council is established, which shall adopt rules for the
administration of the courts of the state. The Judicial Council shall
consist of the chief justice of the Supreme Court, as presiding
officer, and such other justices, judges, and other persons as
provided by statute. There shall be at least one representative on
the Judicial Council from each court established by the constitution
or by statute. The chief justice of the Supreme Court shall be the
chief administrative officer for the courts and shall implement the
rules adopted by the Judicial Council.
July 1, 1985
Sec. 13. [Judicial Conduct Commission.]
A Judicial Conduct Commission is established which shall investigate
and conduct confidential hearings regarding complaints against any
justice or judge. Following its investigations and hearings, the
Judicial Conduct Commission may order the reprimand, censure,
suspension, removal, or involuntary retirement of any justice or judge
for the following:
(1) action which constitutes willful misconduct in office:
(2) final conviction of a crime punishable as a felony under state
or federal law;
(3) willful and persistent failure to perform judicial duties;
(4) disability that seriously interferes with the performance of
judicial duties; or
(5) conduct prejudicial to the administration of justice which
brings a judicial office into disrepute.
Prior to the implementation of any commission order, the Supreme
Court shall review the commission's proceedings as to both law and
fact. The court may also permit the introduction of additional
evidence. After its review, the Supreme Court shall, as it finds just
and proper, issue its order implementing, rejecting, or modifying the
commission's order. The Legislature by statute shall provide for the
composition and procedures of the Judicial Conduct Commission.
July 1, 1985
Sec. 14. [Compensation of justices and judges.]
The Legislature shall provide for the compensation of all justices and
judges. The salaries of justices and judges shall not be diminished
during their terms of office.
July 1, 1985
Sec. 15. [Mandatory retirement.]
The Legislature may provide standards for the mandatory retirement of
justices and judges from office.
July 1, 1985
Sec. 16. [Public prosecutors.]
The Legislature shall provide for a system of public prosecutors who
shall have primary responsibility for the prosecution of criminal
actions brought in the name of the State of Utah and shall perform
such other duties as may be provided by statute. Public prosecutors
shall be elected in a manner provided by statute, and shall be
admitted to practice law in Utah. If a public prosecutor fails or
refuses to prosecute, the Supreme Court shall have power to appoint a
prosecutor pro tempore.
July 1, 1985
Sec. 17. [Courts of record.]
Repealed in part and transferred in part to Sec. 1, July 1, 1985
Sec. 18. [Style of process: "The State of Utah".]
Repealed July 1, 1985
Sec. 19. [But one form of civil action.]
Repealed July 1, 1985
Sec. 20. [Salary of Judges.]
Repealed July 1, 1985
Sec. 21. [Judges to be conservators of peace.]
Repealed July 1, 1985
Sec. 22. [Judges to report defects in law.]
Repealed July 1, 1985
Sec. 23. [Publication of decisions.]
Repealed July 1, 1985
Sec. 24. [Effect of extending judges' terms.]
Repealed July 1, 1985
Sec. 25. [Decisions of Supreme Court to be in writing.]
Repealed July 1, 1985
Sec. 26. [Court to prepare syllabus.]
Repealed July 1, 1985
Sec. 27. [Judge forfeits office by absence.]
Repealed July 1, 1985
Sec. 28. [Mandatory retirement and removal of judges from office.]
Repealed in part and transferred in part to Sec. 13 and Sec. 15,
July 1, 1985
ARTICLE IX. CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT
Sec. 1. [Apportionment.]
At the session next following an enumeration made by the authority of
the United States, the Legislature shall divide the state into
congressional, legislative, and other districts accordingly.
January 1, 1989
Sec. 2. [Number of members of legislature.]
The Senate shall consist of a membership not to exceed twenty-nine in
number, and the number of representatives shall never be less than
twice nor greater than three times the number of senators.
January 1, 1989
Sec. 3. [Number of members of legislature.]
Unconstitutional -- Petuskey v. Clyde, 234 F. Supp. 960 (Utah 1964)
Repealed in part and transferred in part to Sec. 2, January 1, 1989
Sec. 4. [Senatorial districts, how formed.]
Unconstitutional -- Petuskey v. Clyde, 234 F. Supp. 960 (Utah 1964)
Repealed January 1, 1989
ARTICLE X. EDUCATION
Sec. 1. [Free nonsectarian schools.]
The Legislature shall provide for the establishment and maintenance of
the state's education systems including: (a) a public education
system, which shall be open to all children of the state; and (b) a
higher education system. Both systems shall be free from sectarian
control.
July 1, 1987
Sec. 2. [Defining what shall constitute the public school system.]
The public education system shall include all public elementary and
secondary schools and such other schools and programs as the
Legislature may designate. The higher education system shall include
all public universities and colleges and such other institutions and
programs as the Legislature may designate. Public elementary and
secondary schools shall be free, except the Legislature may authorize
the imposition of fees in the secondary schools.
November 8, 1910
July 1, 1987
Sec. 3. [State Board of Education.]
The general control and supervision of the public education system
shall be vested in a State Board of Education. The membership of the
board shall be established and elected as provided by statute. The
State Board of Education shall appoint a State Superintendent of
Public Instruction who shall be the executive officer of the board.
July 1, 1987
Sec. 4. [Control of higher education system by statute -- Rights and
immunities confirmed.]
The general control and supervision of the higher education system
shall be provided for by statute. All rights, immunities, franchises,
and endowments originally established or recognized by the
constitution for any public university or college are confirmed.
July 1, 1987
Sec. 5. [State School Fund and Uniform School Fund -- Establishment
and use.]
(1) There is established a permanent State School Fund which shall
consist of revenue from the following sources:
(a) proceeds from the sales of all lands granted by the United
States to this state for the support of the public
elementary and secondary schools;
(b) 5% of the net proceeds from the sales of United States
public lands lying within this state;
(c) all revenues derived from nonrenewable resources on school
or state land, other than those lands granted for other
specific purposes; and
(d) other revenues as appropriated by the Legislature. The State
School Fund principal shall be safely invested and held by
the state in perpetuity. The interest of the State School
Fund only shall be expended for the support of the public
elementary and secondary schools. The Legislature by statute
may provide for necessary administrative costs. The State
School Fund shall be guaranteed by the state against loss or
diversion.
(2) There is established a Uniform School Fund which shall consist of
revenue from the following sources:
(a) interest from the State School Fund;
(b) except as appropriated by the Legislature for the State
School Fund, revenues derived from renewable resources on
school or state lands, other than those granted for specific
purposes; and
(c) other revenues which the Legislature may appropriate. If
the interest generated by the State School Fund exceeds the
amount required to fund the Uniform School Fund, as
appropriated annually by the Legislature, the excess shall
pass through to the General Fund. The Uniform School Fund
shall be maintained and used for the support of the state's
public elementary and secondary schools and apportioned as
the Legislature shall provide.
November 6, 1984
July 1, 1987
Sec. 6. [Separate control of city schools.]
Repealed January 1, 1973
Sec. 7. [Proceeds of land grants constitute permanent funds.]
The proceeds from the sale of lands reserved by Acts of Congress for
the establishment or benefit of the state's universities and colleges
shall constitute permanent funds to be used for the purposes for which
the funds were established. The funds' principal shall be safely
invested and held by the state in perpetuity. Any income from the
funds shall be used exclusively for the support and maintenance of the
respective universities and colleges. The Legislature by statute may
provide for necessary administrative costs. The funds shall be
guaranteed by the state against loss or diversion.
November 4, 1930
November 8, 1938
January 1, 1939
July 1, 1987
Sec. 8. [No religious or partisan tests in schools.]
No religious or partisan test or qualification shall be required as a
condition of employment, admission, or attendance in the state's
education systems.
July 1, 1987
Sec. 9. [Public aid to church schools forbidden.]
Neither the state of Utah nor its political subdivisions may make any
appropriation for the direct support of any school or educational
institution controlled by any religious organization.
July 1, 1987
Sec. 10. [Textbooks.]
Repealed July 1, 1987
Sec. 11. [Institutions for deaf, dumb and blind -- Property -- Fund.]
Repealed July 1, 1987
Sec. 12. [Metric system.]
Repealed July 1, 1987
Sec. 13. [No religious or partisan tests in schools.]
Transferred to Sec. 8, July 1, 1987
Sec. 14. [Public aid to church schools forbidden.]
Transferred to Sec. 9, July 1, 1987
ARTICLE XI. COUNTIES, CITIES, AND TOWNS
Sec. 1. [Existing counties, precincts, and school districts recognized.]
The several counties of the Territory of Utah, existing at the time of
the adoption of this Constitution, are hereby recognized as legal
subdivisions of this State, and the precincts, and school districts,
now existing in said counties, as legal subdivisions thereof, and they
shall so continue until changed by law in pursuance of this article.
1896
Sec. 2. [Removal of county seats.]
No County Seat shall be removed unless two-thirds of the qualified
electors of the county, voting on the proposition at a general
election, shall vote in favor of such removals and two-thirds of the
votes cast on the proposition shall be required to relocate a county
seat. A proposition of removal shall not be submitted in the same
county more than once in four years.
1896
Sec. 3. [Changing county lines.]
No territory shall be stricken from any county unless a majority of
the voters living in such territory, as well as of the county to which
it is to be annexed, shall vote therefor, and then only under such
conditions as may be prescribed by general law.
1896
Sec. 4. [Optional forms of county government -- Precinct and township
organizations.]
The Legislature shall by general law prescribe optional forms of
county government and shall allow each county to select, subject to
referendum in the manner provided by law, the prescribed optional form
which best serves its needs, and by general laws shall provide for
precinct and township organizations.
January 1, 1973
Sec. 5. [Municipal corporations -- To be created by general law --
Right and manner of adopting charter for own government --
Powers included.]
Corporations for municipal purposes shall not be created by special
laws. The legislature by general laws shall provide for the
incorporation, organization and classification of cities and towns in
proportion to population, which laws may be altered amended or
repealed. Any incorporated city or town may frame and adopt a charter
for its own government in the following manner:
The legislative authority of the city may, by two-thirds vote of
its members, and upon petition of qualified electors to the number of
fifteen per cent of all votes cast at the next preceding election for
the office of the mayor, shall forthwith provide by ordinance for the
submission to the electors of the question: "Shall a commission be
chosen to frame a charter?" The ordinance shall require that the
question be submitted to the electors at the next regular municipal
election. The ballot containing such question shall also contain the
names of candidates for members of the proposed commission, but
without party designation. Such candidates shall be nominated in the
same manner as required by law for nomination of city officers. If a
majority of the electors voting on the question of choosing a
commission shall vote in the affirmative, then the fifteen candidates
receiving a majority of the votes cast at such election, shall
constitute the charter commission, and shall proceed to frame a
charter.
Any charter so framed shall be submitted to the qualified electors
of the city at an election to be held at a time to be determined by
the charter commission, which shall be not less than sixty days
subsequent to its completion and distribution among the electors and
not more than one year from such date. Alternative provisions may also
be submitted to be voted upon separately. The commission shall make
provisions for the distribution of copies of the proposed charter and
of any alternative provisions to the qualified electors of the city,
not less than sixty days before the election at which it is voted
upon. Such proposed charter and such alternative provisions as are
approved by a majority of the electors voting thereon, shall become an
organic law of such city at such time as may be fixed therein, and
shall supersede any existing charter and all laws affecting the
organization and government of such city which are now in conflict
therewith. Within thirty days after its approval a copy of such
charter as adopted, certified by the mayor and city recorder and
authenticated by the seal of such city, shall be made in duplicate and
deposited, one in the office of the secretary of State and the other
in the office of the city recorder, and thereafter all courts shall
take judicial notice of such charter.
Amendments to any such charter may be framed and submitted by a
charter commission in the same manner as provided for making of
charters, or may be proposed by the legislative authority of the city
upon a two-thirds vote thereof, or by petition of qualified electors
to a number equal to fifteen per cent of the total votes cast for
mayor on the next preceding election, and any such amendment may be
submitted at the next regular municipal election, and having been
approved by the majority of the electors voting thereon, shall become
part of the charter at the time fixed in such amendment and shall be
certified and filed as provide in case of charters.
Each city forming its charter under this section shall have, and
is hereby granted, the authority to exercise all powers relating to
municipal affairs, and to adopt and enforce within its limits, local
police, sanitary and similar regulations not in conflict with the
genera law, and no enumeration of powers in this constitution or any
law shall be deemed to limit or restrict the general grant of
authority hereby conferred; but this grant of authority shall not
include the power to regulate public utilities, not municipally owned,
if any such regulation of public utilities is provided for by general
law, nor be deemed to limit or restrict the power of the legislature
in matters relating to State affairs, to enact general laws applicable
alike to all cities of the State.
The power to be conferred upon the cities by this section shall
include the following:
(a) To levy, assess and collect taxes and borrow money, within the
limits prescribed by general law, and to levy and collect
special assessments for benefits conferred.
(b) To furnish all local public services, to purchase, hire,
construct, own, maintain and operate, or lease, public
utilities local in extent and use; to acquire by condemnation,
or otherwise, within or without the corporate limits, property
necessary for any such purposes, subject to restrictions
imposed by general law for the protection of other communities;
and to grant local public utility franchises and within its
powers regulate the exercise thereof.
(c) To make local public improvements and to acquire by
condemnation, or otherwise, property within its corporate
limits necessary for such improvements; and also to acquire an
excess over than [that] needed for any such improvement and to
sell or lease such excess property with restrictions, in order
to protect and preserve the improvement.
(d) To issue and sell bonds on the security of any such excess
property, or of any public utility owned by the city, or of the
revenues thereof, or both, including, in the case of public
utility, a franchise stating the terms upon which, in case of
foreclosure, the purchaser may operate such utility.
January 1, 1933
Sec. 6. [Municipalities forbidden to sell waterworks or rights.]
No municipal corporation, shall directly or indirectly, lease, sell,
alien or dispose of any waterworks, water rights, or sources of water
supply now, or hereafter to be owned or controlled by it; but all such
waterworks, water rights and sources of water supply now owned or
hereafter to be acquired by any municipal corporation, shall be
preserved, maintained and operated by it for supplying its inhabitants
with water at reasonable charges: Provided, That nothing herein
contained shall be construed to prevent any such municipal corporation
from exchanging water-rights, or sources of water supply, for other
water-rights or sources of water supply of equal value, and to be
devoted in like manner to the public supply of its inhabitants.
1896
ARTICLE XII. CORPORATIONS
Sec. 1. [Corporations -- Formation -- Control.]
Corporations may be formed under general laws, but shall not be
created by special acts. All laws relating to corporations may be
altered, amended or repealed by the Legislature, and all corporations
doing business in this State, may, as to such business, be regulated,
limited or restrained by law.
1896
Sec. 2. [Existing corporations to accept Constitution.]
All existing charters, franchises, special or exclusive privileges,
under which an actual and bona fide organization shall not have taken
place, and business been commenced in good faith, at the time of the
adoption of this Constitution, shall thereafter have no validity; and
no corporation in existence at the time of the adoption of this
Constitution shall have the benefit of future legislation without
first filing in the office of the Secretary of State, an acceptance of
the provisions of this Constitution.
1896
Sec. 3. [Legislature not to extend or validate franchises.]
The Legislature shall not extend any franchise or charter, nor remit
the forfeiture of any franchise or charter of any corporation now
existing, or which shall hereafter exist under the laws of this State.
1896
Sec. 4. ["Corporations" defined -- Suits.]
The term "Corporations," as used in this article, shall be construed
to include all associations and joint-stock companies having any
powers or privileges of corporations not possessed by individuals or
partnerships and all corporations shall have the right to sue, and
shall be subject to be sued, in all courts, in like cases as natural
persons.
1896
Sec. 5. [Corporate stock -- Issuance, increase, and fictitious increase.]
Corporations shall not issue stock, except to bona fide subscribers
thereof or their assignee, nor shall any corporation issue any bond,
or other obligation, for the payment of money, except for money or
property received, or labor done. The stock of corporations shall not
be increased, except in pursuance of general law, nor shall any law
authorize the increase of stock without the consent of the person or
persons holding the larger amount in value of the stock, or without
due notice of the proposed increase having previously been given in
such manner as may be prescribed by law. All fictitious increase of
stock or indebtedness shall be void.
1896
Sec. 6. [Privileges of foreign corporations.]
No corporations organized outside of this State, shall be allowed to
transact business within the State, on conditions more favorable than
those prescribed by law to similar corporations, organized under the
laws of this State.
1896
Sec. 7. [Limitation on alienation of franchise.]
No corporation shall lease or alienate any franchise, so as to relieve
the franchise or property held thereunder from the liabilities of the
lessor, or grantor, lessee, or grantee, contracted or incurred in
operation, use or enjoyment of such franchise or any of its
privileges.
1896
Sec. 8. [Consent of local authorities necessary to use of streets.]
No law shall be passed granting the right to construct and operate a
street railroad, telegraph, telephone or electric light plant within
any city or incorporated town, without the consent of the local
authorities who have control of the street or highway proposed to be
occupied for such purposes.
1896
Sec. 9. [Places of business, process agent, filing of certified copy
of articles.]
No corporation shall do business in this State, without having one or
more places of business, with an authorized agent or agents, upon whom
process may be served; nor without first filing a certified copy of
its articles of incorporation with the Secretary of State.
1896
Sec. 10. [Corporations limited to authorized objects.]
No corporation shall engage in any business other than that expressly
authorized in its charter, or articles of incorporation.
1896
Sec. 11. [Franchises may be taken for public use.]
The exercise of the right of eminent domain shall never be so abridged
or construed, as to prevent the Legislature from taking the property
and franchises of incorporated companies, and subjecting them to
public use the same as the property of individuals.
1896
Sec. 12. [Common carriers.]
All railroad and other transportation companies are declared to be
common carriers, and subject to legislative control; and such
companies shall receive and transport each other's passengers and
freight, without discrimination or unnecessary delay.
1896
Sec. 13. [Competing railroads not to consolidate.]
No railroad corporation shall consolidate its stock, property or
franchises with any other railroad corporation owning a competing
line.
1896
Sec. 14. [Rolling stock considered personal property.]
The rolling stock, and other movable property, belonging to any
railroad company or corporation in this State, shall be considered
personal property, and shall be liable to taxation and to execution
and sale, in the same manner as the personal property of individuals,
and such property shall not be exempted from execution and sale.
1896
Sec. 15. [Legislature to prescribe maximum rates -- Discriminations.]
The Legislature shall pass laws establishing reasonable maximum rates
of charges, for the transportation of passengers and freight, for
correcting abuses, and preventing discrimination and extortion in
rates of freight and passenger tariffs by the different railroads, and
other common carriers in the State, and shall enforce such laws by
adequate penalties.
1896
Sec. 16. [Armed bodies not to be brought into state.]
No corporation or association shall bring any armed person or bodies
of men into this State for the preservation of the peace, or the
suppression of domestic troubles without authority of law.
1896
Sec. 17. [Employee of corporation ineligible to municipal office.]
Repealed January 1, 1983
Sec. 18. [Liability of stockholders of banks.]
The legislature may provide by law that the stockholders in every
corporation and joint stock association organized for banking
purposes, or the holders of any one or more of the classes of stock
issued by any such corporation in addition to the amount of capital
stock subscribed and fully paid by them shall be individually
responsible for an additional amount equal to not exceeding the amount
of their stock in such corporation, or the amount of their stock of
any particular class in such corporation, for all its debts and
liabilities of every kind.
January 1, 1941
Sec. 19. [Blacklisting forbidden.]
Every person in this State shall be free to obtain employment whenever
possible, and any person, corporation, or agent, servant or employee
thereof, maliciously interfering or hindering in any way, any person
from obtaining or enjoying employment already obtained, from any other
corporation or person, shall be deemed guilty of a crime. The
Legislature shall provide by law for the enforcement of this section.
1896
Sec. 20. [Trusts and combinations prohibited.]
Any combination by individuals, corporations, or associations, having
for its object or effect the controlling of the price of any products
of the soil, or of any article of manufacture or commerce, or the cost
of exchange or transportation, is prohibited and hereby declared
unlawful, and against public policy. The Legislature shall pass laws
for the enforcement of this section by adequate penalties, and in case
of incorporated companies, if necessary for that purpose, it may
declare a forfeiture of their franchise.
1896
ARTICLE XIII. REVENUE AND TAXATION
Sec. 1. [Fiscal year.]
The fiscal year shall begin on the first day of January, unless
changed by the Legislature.
1896
Sec. 2. [Tangible property to be taxed -- Value ascertained --
Exemptions -- Remittance or abatement of taxes of poor --
Intangible property -- Legislature to provide annual tax for
state.]
(1) All tangible property in the state, not exempt under the laws of
the United States, or under this Constitution, shall be taxed at
a uniform and equal rate in proportion to its value, to be
ascertained as provided by law.
(2) The following are property tax exemptions:
(a) the property of the state, school districts, and public
libraries;
(b) the property of counties, cities, towns, special districts,
and all other political subdivisions of the state, except
that to the extent and in the manner provided by the
Legislature the property of a county, city, town, special
district or other political subdivision of the state located
outside of its geographic boundaries as defined by law may
be subject to the ad valorem property tax;
(c) property owned by a nonprofit entity which is used
exclusively for religious, charitable or educational
purposes;
(d) places of burial not held or used for private or corporate
benefit; and
(e) farm equipment and farm machinery as defined by statute.
This exemption shall be implemented over a period of time as
provided by statute.
(3) Tangible personal property present in Utah on January 1, m.,
which is held for sale or processing and which is shipped to
final destination outside this state within twelve months may be
deemed by law to have acquired no situs in Utah for purposes of
ad valorem property taxation and may be exempted by law from such
taxation, whether manufactured, processed or produced or
otherwise originating within or without the state.
(4) Tangible personal property present in Utah on January 1, m., held
for sale in the ordinary course of business and which constitutes
the inventory of any retailer, or wholesaler or manufacturer or
farmer, or livestock raiser may be deemed for purposes of ad
valorem property taxation to be exempted.
(5) Water rights, ditches, canals, reservoirs, power plants, pumping
plants, transmission lines, pipes and flumes owned and used by
individuals or corporations for irrigating land within the state
owned by such individuals or corporations, or the individual
members thereof, shall be exempted from taxation to the extent
that they shall be owned and used for such purposes.
(6) Power plants, power transmission lines and other property used
for generating and delivering electrical power, a portion of
which is used for furnishing power for pumping water for
irrigation purposes on lands in the state of Utah, may be
exempted from taxation to the extent that such property is used
for such purposes. These exemptions shall accrue to the benefit
of the users of water so pumped under such regulations as the
Legislature may prescribe.
(7) The taxes of the poor may be remitted or abated at such times and
in such manner as may be provided by law.
(8) The Legislature may provide by law for the exemption from
taxation: of not to exceed 45% of the fair market value of
residential property as defined by law; and all household
furnishings, furniture, and equipment used exclusively by the
owner thereof at his place of abode in maintaining a home for
himself and family.
(9) Property owned by disabled persons who served in any war in the
military service of the United States or of the state of Utah and
by the unmarried widows and minor orphans of such disabled
persons or of persons who while serving in the military service
of the United States or the state of Utah were killed in action
or died as a result of such service may be exempted as the
Legislature may provide.
(10) Intangible property may be exempted from taxation as property or
it may be taxed as property in such manner and to such extent as
the Legislature may provide, but if taxed as property the income
therefrom shall not also be taxed. Provided that if intangible
property is taxed as property the rate thereof shall not exceed
five mills on each dollar of valuation.
(11) The Legislature shall provide by law for an annual tax
sufficient, with other sources of revenue, to defray the
estimated ordinary expenses of the state for each fiscal year.
For the purpose of paying the state debt, if any there be, the
Legislature shall provide for levying a tax annually, sufficient
to pay the annual interest and to pay the principal of such debt,
within twenty years from the final passage of the law creating
the debt.
January 1, 1931
January 1, 1937
November 5, 1946
January 1, 1959
January 1, 1963
January 1, 1965
January 1, 1969
January 1, 1983
January 1, 1987
Sec. 3. [Assessment and taxation of tangible property -- Livestock --
Land used for agricultural purposes.]
(1) The Legislature shall provide by law a uniform and equal rate of
assessment on all tangible property in the state, according to
its value in money, except as otherwise provided in Sec. 2 of
this Article. The Legislature shall prescribe by law such
provisions as shall secure a just valuation for taxation of such
property, so that every person and corporation shall pay a tax in
proportional to the value of his, her, or its tangible property,
provided that the Legislature may determine the manner and extent
of taxing livestock.
(2) Land used for agricultural purposes may, as the Legislature
prescribes, be assessed according to its value for agricultural
use without regard to the value it may have for other purposes.
November 6, 1900
November 6, 1906
January 1, 1931
November 5, 1946
January 1, 1969
January 1, 1983
Sec. 4. [Mines and claims to be assessed -- Basis and multiple -- What
to be assessed as tangible property.]
All metalliferous mines or mining claims, both placer and rock in
place, shall be assessed as the Legislature shall provide; but the
basis and multiple now used in determining the value of metalliferous
mines for taxation purposes and the additional assessed value of $5.00
per acre thereof shall not be changed before January 1, 1935, nor
thereafter until otherwise provided by law. All other mines or mining
claims and other valuable mineral deposits, including lands containing
coal or hydrocarbons and all machinery used in mining and all property
or surface improvements upon or appurtenant to mines or mining claims,
and the value of any surface use made of mining claims, or mining
property for other than mining purposes, shall be assessed as other
tangible property.
November 8, 1908
January 1, 1931
January 1, 1983
Sec. 5. [Local authorities to levy local taxes -- Sharing tax and
revenues by political subdivisions.]
The Legislature shall not impose taxes for the purpose of any county,
city, town or other municipal corporation, but may, by law, vest in
the corporate authorities thereof, respectively, the power to assess
and collect taxes for all purposes of such corporation.
Notwithstanding anything to the contrary contained in this
Constitution, political subdivisions may share their tax and other
revenues with other political subdivisions as provided by statute.
January 1, 1983
Sec. 6. [Annual statement to be published.]
An accurate statement of the receipts and expenditures of the public
moneys, shall be published annually in such manner as the Legislature
may provide.
1896
Sec. 7. [Rate of taxation on tangible property for general state
purposes -- Additional levy for support of public school
system.]
Repealed July 1, 1987
Sec. 8. [Officer not to make profit out of public moneys.]
The making of profit out of public moneys, or using the same for any
purpose not authorized by law, by any public officer, shall be deemed
a felony, and shall be punished as provided by law, but part of such
punishment shall be disqualification to hold public office.
1896
Sec. 9. [State expenditure to be kept within revenues.]
No appropriation shall be made, or any expenditure authorized by the
Legislature, whereby the expenditure of the State, during any fiscal
year, shall exceed the total tax then provided for by law, and
applicable for such appropriation or expenditure, unless the
Legislature making such appropriation, shall provide for levying a
sufficient tax, not exceeding the rates allowed in x 7 of this
article, to pay such appropriation or expenditure within such fiscal
year. This provision shall not apply to appropriations or
expenditures to suppress insurrections, defend the State, or assist in
defending the United States in time of war.
1896
Sec. 10. [All property taxable where situated.]
All corporations or persons in this State, or doing business herein,
shall be subject to taxation for State, County, School, Municipal or
other purposes, on the real and personal property owned or used by
them within the Territorial limits of the authority levying the tax.
1896
Sec. 11. [Creation of State Tax Commission -- Membership -- Governor
to appoint -- Terms -- Duties -- County boards -- Duties.]
There shall be a State Tax Commission consisting of four members, not
more than two of whom shall belong to the same political party. The
members of the Commission shall be appointed by the Governor, by and
with the consent of the Senate, for such terms of office as may be
provided by law. The State Tax Commission shall administer and
supervise the tax laws of the State. It shall assess mines and public
utilities and adjust and equalize the valuation and assessment of
property among the several counties. It shall have such other powers
of original assessment as the Legislature may provide. Under such
regulations in such cases and within such limitations as the
Legislature may prescribe, it shall review proposed bond issues,
revise the tax levies of local governmental units, and equalize the
assessment and valuation of property within the counties. The duties
imposed upon the State Board of Equalization by the Constitution and
Laws of this State shall be performed by the State Tax Commission.
In each county of this State there shall be a County Board of
Equalization consisting of the Board of County Commissioners of said
county. The County Boards of Equalization shall adjust and equalize
the valuation and assessment of the real and personal property within
their respective counties, subject to such regulation and control by
the State Tax Commission as may be prescribed by law. The State Tax
Commission and the County Boards of Equalization shall each have such
other powers as may be prescribed by the Legislature.
January 1, 1913
January 1, 1931
January 1, 1959
Sec. 12. [Stamp, income, occupation, license or franchise tax
permissible -- Reference to United States laws in imposition
of income taxes -- Income or intangible property taxes
allocated to public school system.]
(1) Nothing in this Constitution shall be construed to prevent the
Legislature from providing a stamp tax, or a tax based on income,
occupation, licenses, franchises, or other tax provided by law.
The Legislature may provide for deductions, exemptions, or
offsets on any tax based upon income, occupation, licenses,
franchises, or other tax as provided by law pursuant to this
section.
(2) Notwithstanding any provision of this Constitution, the
Legislature, in any law imposing income taxes, may define the
amount on, in respect to, or by which the taxes are imposed or
measured, by reference to any provision of the laws of the United
States as the same may be or become effective at any time or from
time to time and may prescribe exemptions or modifications to any
such provision.
(3) All revenue received from taxes on income or from taxes on
intangible property shall be allocated to the support of the
public school system as defined in Article X, Sec. 2 of this
Constitution.
November 6, 1906
January 1, 1983
Sec. 13. [Revenue from highway user and motor fuel taxes to be used
for highway purposes.]
The proceeds from the imposition of any license tax, registration fee,
driver education tax, or other charge related to the operation of any
motor vehicle upon any public highway in this state, and the proceeds
from the imposition of any excise tax on gasoline or other liquid
motor fuels used for propelling such vehicle, except for statutory
refunds and adjustments allowed thereunder and for costs of collection
and administration, shall be used exclusively for highway purposes as
follows:
(1) The construction, improvement, repair and maintenance of city
streets, county roads, and state highways, including but not
restricted to payment for property taken for or damaged by rights
of way, and for administrative costs necessarily incurred for
said purposes.
(2) The administration of a driver education program.
(3) The enforcement of state motor vehicle and traffic laws.
(4) Tourists and publicity expense in any single biennium not in
excess of the lesser of the following: (a) .5 per cent of the
total biennial revenues from motor fuel taxes, or (b) an amount
equal to the 1959-1961 biennium.
November 6, 1962
Sec. 14. [Tangible personal property tax exemption.]
Aircraft, watercraft, motor vehicles, and other tangible personal
property, not otherwise exempt under the laws of the United States or
under this Constitution, may be exempted from taxation as property by
the Legislature. In the exercise of the discretion granted under this
section, however, the legislature may only exempt tangible personal
property that is required by law to be registered with the state
before it is used on a public highway, on a public waterway, on public
land, or in the air. If the legislature exempts tangible personal
properly from taxation under this section, it shall provide for
uniform statewide fees or uniform statewide rates of assessment or
levy in lieu of the tax on such property. The value of any tangible
personal property exempted from taxation, however, shall remain and be
considered as part of the state tax base for the purpose of
determining debt limitations as set forth in Article XIV of this
constitution. The proceeds from such a tax or fee are not subject to
Sec. 13 of this Article and shall be distributed to the taxing
districts in which the exempted property is located in the same
portion as the revenue collected from real property tax is distributed
to such districts.
December 31, 1984
ARTICLE XIV. PUBLIC DEBT
Sec. 1. [Fixing the limit of the state indebtedness.]
To meet casual deficits or failures in revenue, and for necessary
expenditures for public purposes, including the erection of public
buildings, and for the payment of all Territorial indebtedness assumed
by the State, the State may contract debts, not exceeding in the
aggregate at any one time, an amount equal to one and one-half per
centum of the value of the taxable property of the State, as shown by
the last assessment for State purposes, previous to the incurring of
such indebtedness. But the State shall never contract any
indebtedness, except as in the next Section provided, in excess of
such amount, and all monies arising from loans herein authorized,
shall be applied solely to the purposes for which they were obtained.
January 1, 1911
Sec. 2. [Debts for public defense.]
The State may contract debts to repel invasion, suppress insurrection,
or to defend the State in war, but the money arising from the
contracting of such debts shall be applied solely to the purpose for
which it was obtained.
1896
Sec. 3. [Debts of counties, cities, towns, and school districts not to
exceed revenue -- Exception.]
No debt in excess of the taxes for the current year shall be created
by any county or subdivision thereof, or by any school district
therein, or by any city, town or village, or any subdivision thereof
in this State; unless the proposition to create such debt, shall have
been submitted to a vote of such qualified electors as shall have paid
a property tax therein, in the year preceding such election, and a
majority of those voting thereon shall have voted in favor of
incurring such debt.
1896
Sec. 4. [Limit of indebtedness of counties, cities, towns and school
districts.]
When authorized to create indebtedness as provided in Sec. 3 of this
Article, no county shall become indebted to an amount, including
existing indebtedness exceeding two per centum. No city, town, school
district or other municipal corporation, shall become indebted to an
amount, including existing indebtedness, exceeding four per centum of
the value of the taxable property therein, the value to be ascertained
by the last assessment for State and County purposes, previous to the
incurring of such indebtedness; except that in incorporated cities the
assessment shall be taken from the last assessment for city purposes;
provided, that no part of the indebtedness allowed in this section
shall be incurred for other than strictly county, city, town or school
district purposes; provided further, that any city of the first and
second class when authorized as provided in Sec. 3 of this article,
may be allowed to incur a larger indebtedness, not to exceed four per
centum and any city of the third class, or town, not to exceed eight
per centum additional, for supplying such city or town with water,
artificial lights or sewers, when the works for supplying such water,
light and sewers, shall be owned and controlled by the municipality.
January 1, 1911
Sec. 5. [Borrowed money to be applied to authorized use.]
All moneys borrowed by, or on behalf of the State or any legal
subdivision thereof, shall be used solely for the purpose specified in
the law authorizing the loan.
1896
Sec. 6. [State not to assume county, city, town or school district debts.]
The State shall not assume the debt, or any part thereof, of any
county, city, town or school district.
1896
Sec. 7. [Existing indebtedness not impaired.]
Nothing in this article shall be so construed as to impair or add to
the obligation of any debt heretofore contracted, in accordance with
the laws of Utah Territory, by any county, city, town or school
district, or to prevent the contracting of any debt, or the issuing of
bonds therefor, in accordance with said laws, upon any proposition for
that purpose, which, according to said laws, may have been submitted
to a vote of the qualified electors of any county, city, town or
school district before the day on which this Constitution takes
effect.
1896
Sec. 8. [Special service districts.]
(1) The Legislature by general statute may authorize:
(a) any county, city, or town to establish special districts
within all or any part of the county, city, or town to be
governed by the governing authority of the county, city, or
town, and each special district may provide water, sewerage,
drainage, flood control, garbage, transportation,
recreation, health care, and fire protection services or any
combination of these services in accordance with that statute.
(b) any county, city or town to levy taxes upon the taxable
property in such special district for the purpose of
acquiring, constructing, equipping, operating, and
maintaining facilities required for any or all of such
services; and
(c) any special district to issue bonds of the special district
for the purpose of acquiring, constructing, and equipping
any of these facilities without regard to the limitations of
Sec. 3 and Sec. 4 of this Article XIV but subject to such
limitation on the aggregate amount of these bonds which may
be outstanding at any other time as may be provided by
statute.
(2) The authority to levy taxes upon the taxable property in these
districts and to issue bonds of these districts payable from
taxes levied on the taxable property in them shall be conditioned
upon the assent of a majority of the qualified electors of the
district voting in an election for this purpose to be held as
provided by statute.
(3) Any such district created by a county may contain all or part of
any incorporated municipality or municipalities but only with the
consent of the governing authorities thereof.
January 1, 1975
January 1, 1991
ARTICLE XV. MILITIA
Sec. 1. [How constituted.]
The militia shall consist of all able-bodied male inhabitants of the
State, between the ages of eighteen and forty-five years, except such
as are exempted by law.
1896
Sec. 2. [Organization and equipment.]
The Legislature shall provide by law for the organization, equipment
and discipline of the militia, which shall conform as nearly as
practicable to the regulations for the government of the armies of the
United States.
1896
ARTICLE XVI. LABOR
Sec. 1. [Rights of labor to be protected.]
The rights of labor shall have just protection through laws calculated
to promote the industrial welfare of the State.
1896
Sec. 2. [Board of labor.]
The Legislature shall provide by law, for a Board of Labor,
Conciliation and Arbitration, which shall fairly represent the
interests of both capital and labor. The Board shall perform duties,
and receive compensation as prescribed by law.
1896
Sec. 3. [Certain employment and practices to be prohibited.]
The Legislature shall prohibit:
(1) The employment of children under the age of fourteen years, in
underground mines.
(2) The involuntary contracting of convict labor.
(3) The political and commercial control of employees.
November 4, 1980
Sec. 4. [Exchange of blacklists prohibited.]
The exchange of black lists by railroad companies, or other
corporations, associations or persons is prohibited.
1896
Sec. 5. [Injuries resulting in death -- Damages.]
The right of action to recover damages for injuries resulting in
death, shall never be abrogated, and the amount recoverable shall not
be subject to any statutory limitation, except in cases where
compensation for injuries resulting in death is provided for by law.
January 1, 1921
Sec. 6. [Eight hours a day's labor on public works -- Health and safety laws.]
Eight hours shall constitute a day's work on all works or undertakings
carried on or aided by the State, County or Municipal governments; and
the Legislature shall pass laws to provide for the health and safety
of employees in factories, smelters and mines.
1896
Sec. 7. [Legislature to enforce this article.]
The Legislature, by appropriate legislation, shall provide for the
enforcement of the provisions of this article.
1896
Sec. 8. [Minimum wage for women and minors -- Comfort and safety laws.]
The legislature may, by appropriate legislation provide for the
establishment of a minimum wage for women and minors and may provide
for the comfort, safety and general welfare of any and all employees.
No provision of this constitution shall be construed as a limitation
upon the authority of the legislature to confer upon any commission
now or hereafter created such power and authority as the legislature
may deem requisite to carry out the provisions of this section.
November 7, 1933
ARTICLE XVII. WATER RIGHTS
Sec. 1. [Existing rights confirmed.]
All existing rights to the use of any of the waters in this State for
any useful or beneficial purpose, are hereby recognized and confirmed.
1896
ARTICLE XVIII. FORESTRY
Sec. 1. [Forests to be preserved.]
The Legislature shall enact laws to prevent the destruction of and to
preserve the Forests on the lands of the State, and upon any part of
the public domain, the control of which may be conferred by Congress
upon the State.
1896
ARTICLE XIX. PUBLIC BUILDINGS AND STATE INSTITUTIONS
Sec. 1. [Property of territory becomes property of state.]
Repealed January 1, 1989
Sec. 2. [Charitable and penal institutions, how maintained.]
Repealed January 1, 1989
Sec. 3. [Location of public institutions and disposition of lands.]
Repealed in part and transferred in part to Article XXII, Sec. 3,
January 1, 1989
ARTICLE XX. PUBLIC LANDS
Sec. 1. [Land grants accepted on terms of trust.]
All lands of the State that have been, or may hereafter be granted to
the State by Congress, and all lands acquired by gift, grant or
devise, from any person or corporation, or that may otherwise be
acquired, are hereby accepted, and declared to be the public lands of
the State; and shall be held in trust for the people, to be disposed
of as may be provided by law, for the respective purposes for which
they have been or may be granted, donated, devised or otherwise
acquired.
1896
ARTICLE XXI. SALARIES
Sec. 1. [Officers to be paid salaries.]
Unless otherwise provided by law, all state, district, city, county,
town, and school officers shall be paid fixed and definite salaries.
July 1, 1985
Sec. 2. [Legislature to provide fees -- Accounting.]
The Legislature shall provide by law for the fees to be collected by
all officers within the state. All state, district, county, city,
town, and school officers shall be required by law to keep a true and
correct account of all fees collected by them, and to pay the same
into the proper treasury, and the officer whose duty it is to collect
such fees shall be held responsible under his bond for the same.
July 1, 1985
ARTICLE XXII. MISCELLANEOUS
Sec. 1. [Homestead exemption.]
The Legislature shall provide by statute for an exemption of a
homestead, which may consist of one or more parcels of lands, together
with the appurtenances and improvements thereon, from sale on
execution.
January 1, 1989
Sec. 2. [Property rights of married women.]
Real and personal estate of every female, acquired before marriage,
and all property to which she may afterwards become entitled by
purchase, gift, grant, inheritance or devise, shall be and remain the
estate and property of such female, and shall not be liable for the
debts, obligations or engagements of her husband, and may be conveyed,
devised or bequeathed by her as if she were unmarried.
1896
Sec. 3. [Seat of government.]
The seat of state government shall be at Salt Lake City.
Adopted January 1, 1989
Sec. 4. [Prohibiting the manufacture, sale or storing of intoxicating
liquors.]
Adopted January 1, 1919
Repealed January 1, 1934
ARTICLE XXIII. AMENDMENT AND REVISION
Sec. 1. [Amendments: proposal, election.]
Any amendment or amendments to this Constitution may be proposed in
either house of the Legislature, and if two-thirds of all the members
elected to each of the two houses, shall vote in favor thereof, such
proposed amendment or amendments shall be entered on their respective
journals with the yeas and nays taken thereon; and the Legislature
shall cause the same to be published in at least one newspaper in
every county of the state, where a newspaper is published, for two
months immediately preceding the next general election, at which time
the said amendment or amendments shall be submitted to the electors of
the state for their approval or rejection, and if a majority of the
electors voting thereon shall approve the same, such amendment or
amendments shall become part of this Constitution.
The revision or amendment of an entire article or the addition of
a new article to this Constitution may be proposed as a single
amendment and may be submitted to the electors as a single question or
proposition. Such amendment may relate to one subject, or any number
of subjects, and may modify, or repeal provisions contained in other
articles of the Constitution, if such provisions are germane to the
subject manner of the article being revised, amended or being proposed
as a new article.
January 1, 1971
Sec. 2. [Revision of the Constitution.]
Whenever two-thirds of the members, elected to each branch of the
Legislature, shall deem it necessary to call a convention to revise or
amend this Constitution, they shall recommend to the electors to vote,
at the next general election, for or against a convention, and, if a
majority of all the electors, voting at such election, shall vote for
a convention, the Legislature, at its next session, shall provide by
law for calling the same. The convention shall consist of not less
than the number of members in both branches of the Legislature.
1896
Sec. 3. [Submission to electors.]
No Constitution, or amendments adopted by such convention, shall have
validity until submitted to, and adopted by, a majority of the
electors of the State voting at the next general election.
1896
ARTICLE XXIV. SCHEDULE
Sec. 1. [Actions, contracts to continue.]
In order that no inconvenience may arise, by reason of the change from
a Territorial to a State Government, it is hereby declared that all
writs, actions, prosecutions, judgments, claims and contracts, as well
of individuals as of bodies corporate, both public and private, shall
continue as if no change had taken place; and all process which may
issue, under the authority of the Territory of Utah, previous to its
admission into the Union, shall be as valid as if issued in the name
of the State of Utah.
1896
Sec. 2. [Territorial laws continued.]
All laws of the Territory of Utah now in force, not repugnant to this
Constitution, shall remain in force until they expire by their own
limitations, or are altered or repealed by the Legislature. The act of
the Governor and Legislative Assembly of the Territory of Utah,
entitled, "An Act to punish polygamy and other kindred offenses,"
approved February 4th, A.D. 1892, in so far as the same defines and
imposes penalties for polygamy, is hereby declared to be in force in
the State of Utah.
1896
Sec. 3. [Prisoners to be held.]
Any person, who, at the time of the admission of the State into the
Union, may be confined under lawful commitment, or otherwise lawfully
held to answer for alleged violation of any of the criminal laws of
the Territory of Utah, shall continue to be so held or confined, until
discharged therefrom by the proper courts of the State.
1896
Sec. 4. [Fines, penalties and forfeitures due the territory -- Debts
of the territory.]
All fines, penalties and forfeitures accruing to the people of the
United States in the Territory of Utah, shall inure to this State, and
all debts, liabilities and obligations of said Territory shall be
valid against the State, and enforced as may be provided by law.
1896
Sec. 5. [Recognizances -- Judgments -- Records -- Fines due counties,
municipalities and school districts.]
All recognizances heretofore taken, or which may be taken before the
change from a Territorial to a State Government, shall remain valid,
and shall pass to and be prosecuted in the name of the State; and all
bonds executed to the Governor of the territory or to any other
officer or court in his or their official capacity, or to any official
board for the benefit of the Territory of Utah or the people thereof
shall pass to the Governor or other officer, court or board, and his
or their successor in office, for the uses therein, respectively
expressed, and may be sued on, and recovery had accordingly. Assessed
taxes, and all revenue, property, real, personal or mixed, and all
judgments, bonds, specialties, choses in action, claims and debts, of
whatsoever description; and all records and public archives of the
Territory of Utah, shall issue and vest in the State of Utah, and may
be sued for and recovered, in the same manner, and to the same extent
by the State of Utah, as the same could have been by the Territory of
Utah; and all fines, taxes, penalties and forfeitures, due or owing to
any county, municipality or school district therein, at the time the
State shall be admitted into the Union, are hereby respectively
assigned and transferred, and the same shall be payable to the county,
municipality or school district, as the case may be, and payment
thereof be enforced under the laws of the State.
1896
Sec. 6. [Criminal prosecutions begun and crimes committed before
statehood.]
All criminal prosecutions, and penal actions, which may have arisen,
or which may arise before the change from a Territorial to a State
Government, and which shall then be pending, shall be prosecuted to
judgment and execution in the name of the State, and in the court
having jurisdiction thereof. All offenses committed against the laws
of the Territory of Utah, before the change from a Territorial to a
State Government, and which shall not have been prosecuted before such
change, may be prosecuted in the name, and by authority of the State
of Utah, with like effect as though such change had not taken place,
and all penalties incurred shall remain the same, as if this
Constitution had not been adopted.
1896
Sec. 7. [Transfer of causes, records.]
All actions, cases, proceedings and matters, pending in the Supreme
and District Courts of the Territory of Utah, at the time the State
shall be admitted into the Union, and all files, records and
indictments relating thereto, except as otherwise provided herein,
shall be appropriately transferred to the Supreme and District Courts
of the State respectively; and thereafter all such actions, matters
and cases, shall be proceeded with in the proper State courts. All
actions, cases, proceedings and matters which shall be pending in the
District Courts of the Territory of Utah, at the time of the admission
of the State into the Union, whereof the United States Circuit or
District Courts might have had jurisdiction had there been a State
Government at the time of the commencement thereof respectively, shall
be transferred to the proper United States Circuit and District Courts
respectively; and all files, records, indictments and proceedings
relating thereto, shall be transferred to said United States Courts:
Provided, That no civil actions, other than causes and proceedings of
which the said United States' Courts shall have exclusive
jurisdiction, shall be transferred to either of said United States'
Courts except upon motion or petition by one of the parties thereto,
made under and in accordance with the act or acts of Congress of the
United States, and such motion and petition not being made, all such
cases shall be proceeded with in the proper State Courts.
1896
Sec. 8. [Seals of courts.]
Upon a change from Territorial to State Government, the seal in use by
the Supreme Court of the Territory of Utah, until otherwise provided
by law, shall pass to and become the Seal of the Supreme Court of the
State, and the several District Courts of the State may adopt seals
for their respective courts, until otherwise provided by law.
1896
Sec. 9. [Transfer of probate causes to district courts.]
When the State is admitted into the Union, and the District Courts in
the respective districts are organized, the books, records, papers and
proceedings of the probate court in each county, and all causes and
matters of administration pending therein, upon the expiration of the
term of office of the Probate Judge, on the second Monday in January,
1896, shall pass into the jurisdiction and possession of the District
Court, which shall proceed to final judgment or decree, order or other
determination in the several matters and causes, as the Territorial
Probate Court might have done, if this Constitution had not been
adopted. And until the expiration of the term of office of the
Probate Judges, such Probate Judges shall perform the duties now
imposed upon them by the laws of the Territory. The District Courts
shall have appellate and revisory jurisdiction over the decisions of
the Probate Courts as now provided by law, until such latter courts
expire by limitation.
1896
Sec. 10. [Officers to hold office until superseded.]
All officers, civil and military, now holding their offices and
appointments in this Territory by authority of law, shall continue to
hold and exercise their respective offices and appointments, until
superseded under this Constitution: Provided, That the provisions of
this section shall be subject to the provisions of the Act of
Congress, providing for the admission of the State of Utah, approved
by the President of the United States on July 16th, 1894.
1896
Sec. 11. [Election for adoption or rejection of Constitution and for
state officers -- Voters.]
The election for the adoption or rejection of this Constitution, and
for State Officers herein provided for, shall be held on the Tuesday
next after the first Monday in November, 1895, and shall be conducted
according to the laws of the Territory, and the provisions of the
Enabling Act; the votes cast at said election shall be canvassed, and
returns made, in the same manner as was provided for in the election
for delegates to the Constitutional Convention.
Provided, That all male citizens of the United States, over the
age of twenty one years, who have resided in this Territory for one
year next prior to such election, are hereby authorized to vote for or
against the adoption of this Constitution, and for the State Officers
herein provided for. The returns of said election shall be made to
the Utah Commission, who shall cause the same to be canvassed, and
shall certify the result of the vote for or against the Constitution,
to the President of the United States, in the manner required by the
Enabling Act; and said Commission shall issue certificates of election
to the persons elected to said offices severally, and shall make and
file with the Secretary of the Territory, an abstract, certified to by
them, of the number of votes cast for each person for each of said
offices, and of the total number of votes cast in each county.
1896
Sec. 12. [Officers to be elected.]
The State Officers to be voted for at the time of the adoption of this
Constitution, shall be a Governor, Secretary of State, State Auditor,
State Treasurer, Attorney General, Superintendent of Public
Instruction, Members of the Senate and House of Representatives, three
Supreme Judges, nine District Judges, and a Representative to
Congress.
1896
Sec. 13. [Contest for district judgeship, how determined.]
In case of a contest of election between candidates, at the first
general election under this Constitution, for Judges of the District
Courts, the evidence shall be taken in the manner prescribed by the
Territorial laws, and the testimony so taken shall be certified to the
Secretary of State, and said officer, together with the Governor and
the Treasurer of the State, shall review the evidence, and determine
who is entitled to the certificate of election.
1896
Sec. 14. [Constitution to be submitted to voters -- Ballot.]
This Constitution shall be submitted for adoption or rejection, to a
vote of the qualified electors of the proposed State, at the general
election to be held on the Tuesday next after the first Monday in
November, A.D. 1895. At he said election the ballot shall be in the
following form:
For the Constitution. Yes. No.
As a heading to each of said ballots there shall be printed on
each ballot the following Instructions to Voters:
All persons desiring to vote for the Constitution must erase the
word "No."
All persons desiring to vote against the Constitution must erase
the word "Yes."
1896
Sec. 15. [Election of officers not provided for herein.]
The Legislature, at its first session, shall provide for the election
of all officers, whose election is not provided for elsewhere in this
Constitution, and fix the time for the commencement and duration of
their terms.
1896
Sec. 16. [When Constitution in force.]
The provisions of this Constitution shall be in force from the day on
which the President of the United States shall issue his proclamation,
declaring the State of Utah admitted into the Union; and the terms of
all officers elected at the first election under the provisions of
this Constitution, shall commence on the first Monday, next succeeding
the issue of said proclamation. Their terms of office shall expire
when their successors are elected and qualified under this
Constitution.
Done in Convention at Salt Lake City, in the Territory of Utah,
this eighth day of May, in the year of our Lord one thousand eight
hundred and ninety-five, and of the Independence of the United States
the one hundred and nineteenth.
1896
Attest: John Henry Smith, President
Parley P. Christensen, Secretary
Louis Bernhardt Adams John Daniel Holladay Aquila Nebeker
Rufus Albern Allen Samuel Hood Hill Jeremiah Day Page
Andrew Smith Anderson William Howard Edward Partridge
John Richard Barnes Henry Hughes Mons Peterson
John Rutledge Bowdle Joseph Alonzo Hyde James Christian Peterson
John Sell Boyer Anthony Woodward Ivins Frank Pierce
Theodore Brandley Wm. F. James John David Peters
Herbert Guion Button Lycurgus Johnson Wm. B. Preston
William Buys Joseph Loftus Joley Alonzo Hazelton Raleigh
Chester Call Frederick John Keisel Franklyn Snyder Richards
George Mousley Cannon David Keith Joel Ricks
John Foy Chidester Thomas Kearns Brigham Henry Roberts
Parley Christiansen William Jasper Kerr Jasper Robertson
Thomas H. Clark, Jr. Andrew Kimball Joseph Eldredge Robinson
Louis Laville Coray James Nathaniel Kimball Willis Eugene Robison
Elmer Ellsworth Corfman Richard G. Lambert George Ryan
Charles Crane Lauritz Larsen John Henry Smith
William Creer Christen Peter Larsen George B. Squires
George Cunningham Hyrum Lemmon Harrison Tuttle Shurtliff
Arthur John Cushing Theodore Belden Lewis Edward Hunter Snow
William Driver William Lowe Hiram Hupp Spencer
Dennis Clay Eichnor Peter Lowe David Brainerd Stover
Alma Eldredge James Paton Low Charles Nettleton Strevell
George Rhodes Emery Anthony Canute Lund Charles William Symons
Andreas Engberg Karl G. Maeser Moses Thatcher
David Evans Richard Mackintosh Daniel Thompson
Abel John Evans Thomas Maloney Ingwald Conrad Thoresen
Lorin Farr William H. Maughan Joseph Ephraim Thorne
Samuel Francis Robert McFarland Samuel R. Thurman
William Henry Gibbs George Parcust Miller William Grant Van Home
Charles Carroll Goodwin Elias Morris Charles Stetson Varian
James Frederic Green Jacob Moritz Heber M. Wells
Francis Asbury Hammond John Riggs Murdock Noble Warrum, Jr.
Charles Henry Hart Joseph Royal Murdock Orson Ferguson Whitney
Harry Haynes James David Murdock Joseph John Williams
By order of the Convention, May 8, 1895.
John Henry Smith, President
The Constitution was adopted November 5, 1895, by a vote of 31,305
to 7,607. The proclamation of the President of the United States
announcing the result of such election and admitting the State to the
Union was issued January 4, 1896. The inauguration of State officers
took place January 6, 1896.
Utah Constitutional Revision Commission
Gayle F. McKeachnie, Chair Vernal
Ted D. Lewis, Vice-Chair Salt Lake City
Wilford R. Black, Jr. Salt Lake City
Afton B. Bradshaw Salt Lake City
Arnold Christensen Sandy
Lyle W. Hillyard Logan
R. Haze Hunter Cedar City
Dallin W. Jensen Salt Lake City
Clifford S. LeFevre Clearfield
Kathleen Lubeck Salt Lake City
Scott M. Matheson, Jr. Salt Lake City
Richard V. Strong Bountiful
Olene S. Walker Salt Lake City
David L. Watson St. George
Mary Anne Q. Wood Provo
Michael D. Zimmerman Salt Lake City
