Utah Constitution
Introduction
PREAMBLE
Article I
Declaration of Rights
Art. I §1 | INHERENT AND INALIENABLE RIGHTS
Art. I §2 | ALL POLITICAL POWER INHERENT IN THE PEOPLE
Art. I §3 | UTAH INSEPARABLE FROM THE UNION
Art. I §4 | RELIGIOUS LIBERTY
Art. I §5 | HABEAS CORPUS
Art. I §6 | RIGHT TO BEAR ARMS
Art. I §7 | DUE PROCESS OF LAW
Art. I §8 | OFFENSES BAILABLE
(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.
Art. I §9 | EXCESSIVE BAIL AND FINES -- CRUEL PUNISHMENTS
Art. I §10 | TRIAL BY JURY
Art. I §11 | COURTS OPEN -- REDRESS OF INJURIES
Art. I §12 | RIGHTS OF ACCUSED PERSONS
Where the defendant is otherwise entitled to a preliminary examination, the function of that examination is limited to determining whether probable cause exists unless otherwise provided by statute. Nothing in this constitution shall preclude the use of reliable hearsay evidence as defined by statute or rule in whole or in part at any preliminary examination to determine probable cause or at any pretrial proceeding with respect to release of the defendant if appropriate discovery is allowed as defined by statute or rule.
Art. I §13 | PROSECUTION BY INFORMATION OR INDICTMENT -- GRAND JURY
Art. I §14 | UNREASONABLE SEARCHES FORBIDDEN -- ISSUANCE OF WARRANT
Art. I §15 | FREEDOM OF SPEECH AND OF THE PRESS -- LIBEL
Art. I §16 | NO IMPRISONMENT FOR DEBT -- EXCEPTION
Art. I §17 | ELECTIONS TO BE FREE -- SOLDIERS VOTING
Art. I §18 | ATTAINDER -- EX POST FACTO LAWS -- IMPAIRING CONTRACTS
Art. I §19 | TREASON DEFINED -- PROOF
Art. I §20 | MILITARY SUBORDINATE TO THE CIVIL POWER
Art. I §21 | SLAVERY AND INVOLUNTARY SERVITUDE FORBIDDEN -- LIMITATION
(2) Subsection (1) does not apply to the otherwise lawful administration of the criminal justice system.
Art. I §22 | PRIVATE PROPERTY FOR PUBLIC USE
Art. I §23 | IRREVOCABLE FRANCHISES FORBIDDEN
Art. I §24 | UNIFORM OPERATION OF LAWS
Art. I §25 | RIGHTS RETAINED BY PEOPLE
Art. I §26 | PROVISIONS MANDATORY AND PROHIBITORY
Art. I §27 | FUNDAMENTAL RIGHTS
Art. I §28 | DECLARATION OF THE RIGHTS OF CRIME VICTIMS
(b) Upon request, to be informed of, be present at, and to be heard at important criminal justice hearings related to the victim, either in person or through a lawful representative, once a criminal information or indictment charging a crime has been publicly filed in court; and
(c) To have a sentencing judge, for the purpose of imposing an appropriate sentence, receive and consider, without evidentiary limitation, reliable information concerning the background, character, and conduct of a person convicted of an offense except that this subsection does not apply to capital cases or situations involving privileges.
(3) The provisions of this section shall extend to all felony crimes and such other crimes or acts, including juvenile offenses, as the Legislature may provide.
(4) The Legislature shall have the power to enforce and define this section by statute.
Art. I §29 | MARRIAGE
(2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
Art. I §30 | RIGHT TO HUNT AND FISH
(2) The right under Subsection (1) includes the right to use traditional methods to hunt and to fish, subject only to statute, and rules and regulations adopted as provided by statute, to:
(b) provide reasonable regulation of hunting and fishing activities; and
(c) preserve the future of hunting and fishing.
(4) This section does not affect:
(b) the State's sovereign authority over the State's natural resources; or
Article II
State Boundaries
Art. II §1 | STATE BOUNDARIES
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.
Article III
Ordinance
Art. III §1 | 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.Art. III §2 | 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 States. The lands belonging to citizens of the United States, residing without this State shall never be taxed at a higher rate than the lands belonging to residents of this State; 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.Art. III §3 | 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.Art. III §4 | 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.Article IV
Elections and Right of Suffrage
Art. IV §1 | EQUAL POLITICAL RIGHTS
Art. IV §2 | QUALIFICATIONS TO VOTE
Art. IV §3 | VOTERS -- IMMUNITY FROM ARREST
Art. IV §4 | VOTERS -- IMMUNITY FROM MILITIA DUTY
Art. IV §5 | VOTERS TO BE CITIZENS OF UNITED STATES
Art. IV §6 | MENTALLY INCOMPETENT PERSONS, CONVICTED FELONS, AND CERTAIN CRIMINALS INELIGIBLE TO VOTE
Art. IV §7 | PROPERTY QUALIFICATION FORBIDDEN
Art. IV §8 | ELECTION TO BE BY SECRET BALLOT
(2) Nothing in this section may 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, as long as secrecy in voting is preserved.
Art. IV §9 | GENERAL AND SPECIAL ELECTIONS -- TERMS -- ELECTION OF LOCAL OFFICERS
(2) Special elections may be held as provided by statute.
(3) The term of each officer, except legislator, elected at a general election shall commence on the first Monday in January next following the date of the election.
(4) The election of officers of each city, town, school district, and other political subdivision of the State shall be held at the time and in the manner provided by statute.
Art. IV §10 | OATH OF OFFICE
"I do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States and the Constitution of the State of Utah, and that I will discharge the duties of my office with fidelity."
Article V
Distribution of Powers
Art. V §1 | THREE DEPARTMENTS OF GOVERNMENT
Article VI
Legislative Department
Art. VI §1 | POWER VESTED IN SENATE, HOUSE, AND PEOPLE
(b) the people of the State of Utah as provided in Subsection (2).
(B) 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, as provided by statute, before the law may take effect.
(ii) require any law or ordinance passed by the law making body of the county, city, or town to be submitted to the voters thereof, as provided by statute, before the law or ordinance may take effect.
Art. VI §2 | TIME AND LOCATION OF ANNUAL GENERAL SESSIONS -- LOCATION OF SESSIONS CONVENED BY THE GOVERNOR OR LEGISLATURE -- SESSIONS CONVENED BY THE LEGISLATURE
(2) A session convened by the Governor under Article VII, Section 6 and a session convened by the Legislature under Subsection (3) shall be held at the seat of government, unless convening at the seat of government is not feasible due to epidemic, natural or human-caused disaster, enemy attack, or other public catastrophe.
(3)
(b) The joint proclamation issued by the President and Speaker shall specify the business for which the Legislature is to be convened, and the Legislature may not transact any business other than that specified in the joint proclamation, except that the Legislature may provide for the expenses of the session and other matters incidental to the session.
(c) The Legislature may not be convened into session under this Subsection (3) during the 30 calendar days immediately following the adjournment sine die of an annual general session of the Legislature.
(d) In a session convened under this Subsection (3), the cumulative amount of appropriations that the Legislature makes may not exceed an amount equal to 1% of the total amount appropriated by the Legislature for the immediately preceding completed fiscal year.
(e) Nothing in this Subsection (3) affects the Governor's authority to convene the Legislature under Article VII, Section 6.
Art. VI §3 | ELECTION OF HOUSE MEMBERS -- TERMS
(2) Their term of office shall be two years from the first day of January next after their election.
Art. VI §4 | ELECTION OF SENATORS -- TERMS
(2) Their term of office shall be four years from the first day of January next after their election.
(3) As nearly one-half as may be practicable shall be elected in each biennium as the Legislature shall determine by law with each apportionment.
Art. VI §5 | WHO IS ELIGIBLE AS A LEGISLATOR
(ii) at least twenty-five years of age; and
(iii) a qualified voter in the district from which the person is chosen;
(ii) the person's appointment to the office, for a person appointed to fill a mid-term vacancy; and
(ii) a resident of the district for which the person is appointed to fill a mid-term vacancy for six consecutive months immediately prior to the person's appointment.
Art. VI §6 | WHO INELIGIBLE AS LEGISLATOR
Art. VI §7 | INELIGIBILITY OF LEGISLATOR TO OFFICE CREATED AT TERM FOR WHICH ELECTED
Art. VI §8 | LEGISLATOR, PRIVILEGE FROM ARREST
Art. VI §9 | COMPENSATION OF LEGISLATORS -- CITIZENS' SALARY COMMISSION
Art. VI §10 | EACH HOUSE TO BE JUDGE OF ELECTION AND QUALIFICATIONS OF ITS MEMBERS -- EXPULSION -- LEGISLATIVE ETHICS COMMISSION
(2)
(b)
(ii) A commission member may not be a sitting legislator or a person who is registered as a lobbyist.
(ii) the qualifications, appointment, and terms of commission members; and
(iii) commission duties, powers, operations, and procedures.
Art. VI §11 | MAJORITY IS QUORUM -- ATTENDANCE COMPELLED
Art. VI §12 | RULES -- CHOOSING OFFICERS AND EMPLOYEES
Art. VI §13 | VACANCIES TO BE FILLED
Art. VI §14 | JOURNALS -- YEAS AND NAYS
Art. VI §15 | SESSIONS TO BE PUBLIC -- ADJOURNMENTS
Art. VI §16 | DURATION OF SESSIONS
(2) no session of the Legislature convened by the Governor under Article VII, Section 6 may exceed 30 calendar days; and
(3) no session of the Legislature convened by the Legislature under Article VI, Section 2, Subsection (3) may exceed 10 calendar days.
Art. VI §17 | IMPEACHMENT BY HOUSE
(2) If not already convened in an annual general session, the House of Representatives may convene for the purpose of impeachment if a poll of members conducted by the Speaker of the House indicates that two-thirds of the members of the House of Representatives are in favor of convening.
Art. VI §18 | TRIAL OF IMPEACHMENT BY SENATE
(2) Upon an impeachment by the House of Representatives, the Senate shall, if not already convened in an annual general session, convene for the purpose of trying the impeachment.
(3) When the Governor is on trial, the Chief Justice of the Supreme Court shall preside.
(4) No person shall be convicted without the concurrence of two-thirds of the senators elected.
Art. VI §19 | OFFICERS LIABLE FOR IMPEACHMENT -- JUDGMENT -- PROSECUTION BY LAW
Art. VI §20 | SERVICE OF ARTICLES OF IMPEACHMENT
Art. VI §21 | REMOVAL OF OFFICERS
Art. VI §22 | READING OF BILLS -- BILL TO CONTAIN ONLY ONE SUBJECT -- BILLS PASSED BY MAJORITY
Art. VI §24 | PRESIDING OFFICERS TO SIGN BILLS
Art. VI §25 | PUBLICATION OF ACTS -- EFFECTIVE DATES OF ACTS
Art. VI §26 | PRIVATE LAWS FORBIDDEN
Art. VI §27 | GAMES OF CHANCE NOT AUTHORIZED
Art. VI §28 | SPECIAL PRIVILEGES FORBIDDEN
Art. VI §29 | LENDING PUBLIC CREDIT AND SUBSCRIBING TO STOCK OR BONDS FORBIDDEN -- EXCEPTION
(2) Except as otherwise provided by statute, the State or a public institution of post-secondary education may acquire an equity interest in a private business entity as consideration for the sale, license, or other transfer to the private business entity of intellectual property developed in whole or in part by the State or the public institution of post-secondary education, and may hold or dispose of the equity interest.
Art. VI §30 | CONTINUITY IN GOVERNMENT
(b) adopt measures necessary and proper for insuring the continuity of governmental operations including, but not limited to, the financing thereof.
Art. VI §31 | ADDITIONAL COMPENSATION OF LEGISLATORS
Art. VI §32 | APPOINTMENT OF ADDITIONAL EMPLOYEES -- LEGAL COUNSEL
(2) The Legislature may appoint legal counsel which shall provide and control all legal services for the Legislature unless otherwise provided by statute.
Art. VI §33 | LEGISLATIVE AUDITOR APPOINTED
Article VII
Executive Department
Art. VII §1 | EXECUTIVE DEPARTMENT OFFICERS -- TERMS, RESIDENCE, AND DUTIES
(2) Each officer shall:
(b) during their terms of office reside within the state; and
(c) perform such duties as are prescribed by this Constitution and as provided by statute.
Art. VII §2 | ELECTION OF OFFICERS -- GOVERNOR AND LIEUTENANT GOVERNOR ELECTED JOINTLY
(2) In the election the names of the candidates for Governor and Lieutenant Governor for each political party shall appear together on the ballot and the votes cast for a candidate for Governor shall be considered as also cast for the candidate for Lieutenant Governor.
Art. VII §3 | QUALIFICATIONS OF OFFICERS
(2) To be eligible for the office of Attorney General a person shall be 25 years of age or older, at the time of election, admitted to practice before the Supreme Court of the State of Utah, and in good standing at the bar.
(3) To be eligible for the office of State Auditor or State Treasurer a person shall be 25 years of age or older at the time of election.
(4) No person is eligible to any of the offices provided for in Section 1 unless at the time of election that person is a qualified voter and has been a resident citizen of the state for five years next preceding the election.
Art. VII §4 | GOVERNOR COMMANDER-IN-CHIEF
Art. VII §5 | EXECUTIVE POWER VESTED IN GOVERNOR -- DUTIES -- LEGAL COUNSEL
(2) 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. The Governor may at any time when the Legislature is not in session, if deemed necessary, appoint a committee to investigate and report to the Governor upon the condition of any executive office or state institution.
(3) The Governor shall communicate by message the condition of the state to the Legislature at every annual general session and recommend such measures as may be deemed expedient.
(4) The Governor may appoint legal counsel to advise the Governor.
Art. VII §6 | CONVENING OF EXTRA SESSIONS OF LEGISLATURE -- ADVANCE PUBLIC NOTICE
(b) The Legislature may not transact any legislative business in a special session convened under Subsection (1)(a) for which the Governor has not provided 48 hours advance public notice, except in cases of declared emergency or with the concurrence of two-thirds of all members elected to each house.
Art. VII §7 | ADJOURNMENT OF LEGISLATURE BY GOVERNOR
Art. VII §8 | BILLS PRESENTED TO GOVERNOR FOR APPROVAL AND VETO -- ITEMS OF APPROPRIATION -- LEGISLATIVE SESSION TO CONSIDER VETOED ITEMS
(2) If any bill is not returned by the governor within ten days after it has been presented to the governor, Sunday and the day it was received excepted, it shall become a law without a signature. If legislative adjournment prevents return of the bill, it shall become a law unless the governor within twenty days after adjournment files the objections to it with such officers as provided by law.
(3) The governor may disapprove any item of appropriation contained in any bill while approving other portions of the bill. In such case the governor shall append to the bill at the time of signing it a statement of the item or items which are disapproved, together with the reasons for disapproval, and the item or items may not take effect unless passed over the governor's objections as provided in this section.
(4) If the governor disapproves any bill or item of appropriation after the adjournment sine die of any session of the Legislature, the presiding officer of each house shall poll the members of that house on the matter of reconvening the Legislature. If two-thirds of the members of each house are in favor of reconvening, the Legislature shall be convened in a session that shall begin within 60 days after the adjournment of the session at which the disapproved bill or item of appropriation passed. This session may not exceed five calendar days and shall be convened at a time set jointly by the presiding officer of each house solely for the 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 on the original effective date of the law or item of appropriation.
Art. VII §9 | GOVERNOR MAY FILL CERTAIN VACANCIES
Art. VII §10 | GOVERNOR’S APPOINTIVE POWER -- GOVERNOR TO APPOINT TO FILL VACANCY IN OTHER STATE OFFICES -- VACANCY IN THE OFFICE OF THE LIEUTENANT GOVERNOR
(b) 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.
(3)
(ii) the Lieutenant Governor-elect fails to take office because of the Lieutenant Governor-elect's death, failure to qualify for office, or disability, determined as provided in Subsection (3)(b), that renders the Lieutenant Governor-elect unable to discharge the duties of office for the Lieutenant Governor-elect's full term of office.
(ii) The written declaration under Subsection (3)(b)(i) shall be transmitted to the Supreme Court and shall be signed by:
(B)
(II) the Lieutenant Governor-elect, if the Lieutenant Governor-elect is the subject of the declaration.
(iv) In determining whether a disability exists, the Supreme Court shall follow procedures that the Court establishes, unless the Legislature by statute establishes procedures for the Supreme Court to follow in determining whether a disability exists.
(v) A determination of disability under this Subsection (3)(b) is final and conclusive.
(B) until the first Monday in January of the year following the next regular general election after the vacancy occurs, if an election is held for Governor and Lieutenant Governor under Article VII, Section 11, Subsection (4).
(iii) Neither the President of the Senate nor the Speaker of the House of Representatives may, while acting as Governor under Article VII, Section 11, Subsection (5), appoint a person as Lieutenant Governor to fill a vacancy in that office.
Art. VII §11 | VACANCY IN OFFICE OF GOVERNOR -- DETERMINATION OF DISABILITY
(b) the Governor-elect fails to take office because of the Governor-elect's death, failure to qualify for office, or disability, determined as provided in Subsection (6), that renders the Governor-elect unable to discharge the duties of office for the Governor-elect's full term of office.
(b) for the remainder of the unexpired term, if the vacancy occurs after the first year of the term of office.
(ii) for the remainder of the unexpired term, if the vacancy occurs after the first year of the term of office.
(ii) for the remainder of the unexpired term, if the vacancy occurs after the first year of the term of office.
(5)
(b)
(ii) If, during a temporary disability of the Governor or Governor-elect, as determined under Subsection (6), neither the Lieutenant Governor nor the President of the Senate is able to discharge the duties of the office of Governor because of a vacancy in the office of Lieutenant Governor or President of the Senate, or both, or because of a temporary disability of either or both officers, as determined under Subsection (6), or a combination of vacancy and temporary disability, the powers and duties of the Governor shall be discharged by the Speaker of the House of Representatives who shall act as Governor until the Governor's disability ceases or until the vacancy, if applicable, in the office of President of the Senate is filled or the temporary disability, if applicable, of the Lieutenant Governor or President of the Senate ceases, whichever occurs first.
(ii) During the time that the Speaker of the House of Representatives acts as Governor under this Subsection (5), the Speaker may not exercise the powers and duties of Speaker of the House of Representatives or Representative. The powers and duties of Speaker of the House of Representatives may be exercised during that time by an acting Speaker, chosen by the House of Representatives.
(ii) a majority of the Supreme Court upon the joint request of the President or, if applicable, acting President of the Senate and the Speaker or, if applicable, acting Speaker of the House of Representatives.
(c) Each determination of a disability under Subsection (6)(a) shall be final and conclusive.
Art. VII §12 | BOARD OF PARDONS AND PAROLE -- APPOINTMENT -- POWERS AND PROCEDURES -- GOVERNOR’S POWERS AND DUTIES -- LEGISLATURE’S POWERS
(2)
(b) A fine, forfeiture, or restitution order may not be remitted and a commutation, parole, or pardon may not be granted except after a full hearing before the board, in open session, and after previous notice of the time and place of the hearing has been given.
(c) The proceedings and decisions of the board, the reasons therefor in each case, and the dissent of any member who may disagree shall be recorded and filed as provided by statute with all papers used upon the hearing.
(b) In case of conviction for treason, the Governor may suspend execution of the sentence until the case is reported to the Legislature at its next annual general session, when the Legislature shall pardon or commute the sentence, or direct its execution. If the Legislature takes no action on the case before adjournment of that session, the sentence shall be executed.
Art. VII §14 | DUTIES OF LIEUTENANT GOVERNOR
(2) perform such duties as may be delegated by the Governor; and
(3) perform other duties as may be provided by statute.
Art. VII §15 | DUTIES OF STATE AUDITOR AND STATE TREASURER
(2) The State Treasurer shall be the custodian of public moneys.
(3) Each shall perform other duties as provided by statute.
Art. VII §16 | DUTIES OF ATTORNEY GENERAL
Art. VII §18 | COMPENSATION OF STATE AND LOCAL OFFICERS
(2)
(b) An officer may not receive for the performance of any official duty any fee for personal use, but all fees fixed by the Legislature for the performance by any of them of any official duty shall be collected in advance and deposited with the appropriate treasury.
(c) The Legislature may provide for the payment of actual and necessary expenses of those officers while traveling in the performance of official duties.
Art. VII §19 | GRANTS AND COMMISSIONS
Art. VII §20 | THE GREAT SEAL
Art. VII §21 | UNITED STATES' OFFICIALS INELIGIBLE TO HOLD STATE OFFICE
Article VIII
Judicial Department
Art. VIII §1 | JUDICIAL POWERS -- COURTS
Art. VIII §2 | SUPREME COURT -- CHIEF JUSTICE -- DECLARING LAW UNCONSTITUTIONAL -- JUSTICE UNABLE TO PARTICIPATE
Art. VIII §3 | JURISDICTION OF SUPREME COURT
Art. VIII §4 | RULEMAKING POWER OF SUPREME COURT -- JUDGES PRO TEMPORE -- REGULATION OF PRACTICE OF LAW
Art. VIII §5 | JURISDICTION OF DISTRICT COURT AND OTHER COURTS -- RIGHT OF APPEAL
Art. VIII §6 | NUMBER OF JUDGES OF DISTRICT COURT AND OTHER COURTS -- DIVISIONS
Art. VIII §7 | QUALIFICATIONS OF JUSTICES AND JUDGES
Art. VIII §8 | VACANCIES -- NOMINATING COMMISSIONS -- SENATE APPROVAL
(2) The Legislature by statute shall provide for the nominating commissions' composition and procedures. No member of the Legislature may serve as a member of, nor may the Legislature appoint members to, any Judicial Nominating Commission.
(3) The Senate shall consider and render a decision on each judicial appointment within 60 days of the date of appointment. If necessary, the Senate shall convene itself in extraordinary session for the purpose of considering judicial appointments. The appointment shall be effective upon approval of a majority of all members of the Senate. If the Senate fails to approve the appointment, the office shall be considered vacant and a new nominating process shall commence.
(4) Selection of judges shall be based solely upon consideration of fitness for office without regard to any partisan political consideration.
Art. VIII §9 | JUDICIAL RETENTION ELECTIONS
Art. VIII §10 | RESTRICTIONS ON JUSTICES AND JUDGES
Art. VIII §11 | JUDGES OF COURTS NOT OF RECORD
Art. VIII §12 | JUDICIAL COUNCIL -- CHIEF JUSTICE AS ADMINISTRATIVE OFFICER -- LEGAL COUNSEL
(2) The Judicial Council shall consist of the chief justice of the Supreme Court, as presiding officer, and other justices, judges, and other persons as provided by statute. There shall be at least one representative on the Judicial Council from each court established by the Constitution or by statute.
(3) The chief justice of the Supreme Court shall be the chief administrative officer for the courts and shall implement the rules adopted by the Judicial Council.
(4) The Judicial Council may appoint legal counsel which shall provide all legal services for the Judicial Department unless otherwise provided by statute.
Art. VIII §13 | JUDICIAL CONDUCT COMMISSION
(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.
Art. VIII §14 | COMPENSATION OF JUSTICES AND JUDGES
Art. VIII §15 | MANDATORY RETIREMENT
Art. VIII §16 | PUBLIC PROSECUTORS
Article IX
Congressional and Legislative Apportionment
Art. IX §1 | DIVIDING THE STATE INTO DISTRICTS
Art. IX §2 | NUMBER OF MEMBERS OF LEGISLATURE
Article X
Education
Art. X §1 | FREE NONSECTARIAN SCHOOLS
(b) a higher education system. Both systems shall be free from sectarian control.
Art. X §2 | DEFINING WHAT SHALL CONSTITUTE THE PUBLIC SCHOOL SYSTEM
Art. X §3 | STATE BOARD OF EDUCATION
Art. X §4 | CONTROL OF HIGHER EDUCATION SYSTEM BY STATUTE -- RIGHTS AND IMMUNITIES CONFIRMED
Art. X §5 | STATE SCHOOL FUND AND UNIFORM SCHOOL FUND -- ESTABLISHMENT AND USE -- DEBT GUARANTY
(b) 5% of the net proceeds from the sales of United States public lands lying within this state;
(c) all revenues derived from nonrenewable resources on state lands, other than sovereign lands and lands granted for other specific purposes;
(d) all revenues derived from the use of school trust lands;
(e) revenues appropriated by the Legislature; and
(f) other revenues and assets received by the permanent State School Fund under any other provision of law or by bequest or donation.
(b) Only earnings received from investment of the permanent State School Fund may be distributed from the fund, and any distribution from the fund shall be for the support of the public education system as defined in Article X, Section 2 of this constitution.
(c) Annual distributions from the permanent State School Fund under Subsection (2)(b) may not exceed 5% of the fund, calculated as provided by statute.
(d) The Legislature may make appropriations from school trust land revenues to provide funding necessary for the proper administration and management of those lands consistent with the state's fiduciary responsibilities towards the beneficiaries of the school land trust. Unexpended balances remaining from the appropriation at the end of each fiscal year shall be deposited in the permanent State School Fund. (e) The permanent State School Fund shall be guaranteed by the state against loss or diversion.
(b) revenues appropriated by the Legislature; and
(c) other revenues received by the Uniform School Fund under any other provision of law or by donation.
(5)
(b) The Legislature may provide that reimbursement to the state shall be obtained from monies which otherwise would be used for the support of the educational programs of the school district which incurred the debt with respect to which a payment under the state's guaranty was made.
Art. X §7 | PROCEEDS OF LAND GRANTS CONSTITUTE PERMANENT FUNDS
Art. X §8 | NO RELIGIOUS OR PARTISAN TESTS IN SCHOOLS
Art. X §9 | PUBLIC AID TO CHURCH SCHOOLS FORBIDDEN
Article XI
Local Governments
Art. XI §1 | COUNTIES RECOGNIZED AS LEGAL SUBDIVISIONS
Art. XI §2 | MOVING A COUNTY SEAT
Art. XI §3 | CHANGING COUNTY LINES
(2) Counties sharing a common boundary may, through their county legislative bodies, make a minor adjustment, as defined by statute, to the common boundary.
Art. XI §4 | OPTIONAL FORMS OF COUNTY GOVERNMENT
Art. XI §5 | CITIES AND TOWNS NOT TO BE CREATED BY SPECIAL LAWS -- LEGISLATURE TO PROVIDE FOR THE INCORPORATION, ORGANIZATION, DISSOLUTION, AND CLASSIFICATION OF CITIES AND TOWNS -- CHARTER CITIES
The Legislature by statute shall provide for the incorporation, organization, and dissolution of cities and towns and for their classification in proportion to population. Any incorporated city or town may frame and adopt a charter for its own government in the following manner:
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 provided 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 general 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:
(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.
Art. XI §6 | MUNICIPAL WATER RIGHTS AND SOURCES OF WATER SUPPLY
(b) shall preserve and maintain those water rights and sources of water supply to supply water to the municipality's inhabitants and others within the municipality's designated water service area; and
(c) may by ordinance designate the geographic limits of the municipality's water service area and define the terms of service, including water service charges that are reasonable.
(b) contractually committing to supply water outside the municipality's designated water service area, if the water supplied is in excess of the water needed for the municipality's designated water service area; or
(c) exchanging water rights or sources of water supply for other water rights or sources of water supply that the municipality determines will equally enable the municipality to meet the needs of its designated water service area.
Art. XI §7 | SPECIAL SERVICE DISTRICTS
(b) a county, city, or town to levy taxes upon the taxable property in the special service district for the purpose of acquiring, constructing, equipping, operating, and maintaining facilities required for any or all of the services the special service district is authorized to provide; and
(c) a special service district to issue bonds of the special service district for the purpose of acquiring, constructing, and equipping any of the facilities required for any or all of the services the special service district is authorized to provide, without regard to the limitations of Article XIV, Sections 3 and 4, but subject to such limitation on the aggregate amount of the bonds outstanding at any one time as may be provided by statute.
(3) A special service district created by a county may contain all or part of one or more cities or towns, but only with the consent of the governing authority of each city or town to be included in the special service district.
Art. XI §8 | POLITICAL SUBDIVISIONS OF THE STATE OR OTHER GOVERNMENTAL ENTITIES IN ADDITION TO COUNTIES, CITIES, TOWNS, SCHOOL DISTRICTS, AND SPECIAL SERVICE DISTRICTS
Art. XI §9 | CONSENT OF LOCAL AUTHORITIES NECESSARY FOR USE OF STREETS
Art. XI §10 | ELECTION OF COUNTY SHERIFFS
(2) The office of county sheriff is an elected office.
(3) Their term of office shall be four years from the first day of January next after their election.
Article XII
Corporations
Art. XII §1 | CORPORATIONS FORMATION
Art. XII §4 | SUITS
Art. XII §12 | COMMON CARRIERS -- NO DISCRIMINATION
Art. XII §19 | BLACKLISTING FORBIDDEN
Art. XII §20 | FREE MARKET SYSTEM AS STATE POLICY -- RESTRAINT OF TRADE AND MONOPOLIES PROHIBITED
Article XIII
Revenue and Taxation
Art. XIII §1 | FISCAL YEAR
Art. XIII §2 | PROPERTY TAX
(b) taxed at a uniform and equal rate.
(3) The Legislature may provide by statute that land used for agricultural purposes be assessed based on its value for agricultural use.
(4) The Legislature may by statute determine the manner and extent of taxing livestock.
(5) The Legislature may by statute determine the manner and extent of taxing or exempting intangible property, except that any property tax on intangible property may not exceed .005 of its fair market value. If any intangible property is taxed under the property tax, the income from that property may not also be taxed.
(6) Tangible personal property required by law to be registered with the State before it is used on a public highway or waterway, on public land, or in the air may be exempted from property tax by statute. If the Legislature exempts tangible personal property from property tax under this Subsection (6), it shall provide for the payment of uniform statewide fees or uniform statewide rates of assessment or taxation on that property in lieu of the property tax. The fair market value of any property exempted under this Subsection (6) shall be considered part of the State tax base for determining the debt limitation under Article XIV.
Art. XIII §3 | PROPERTY TAX EXEMPTIONS
(b) property owned by a public library;
(c) property owned by a school district;
(d) property owned by a political subdivision of the State, other than a school district, and located within the political subdivision;
(e) property owned by a political subdivision of the State, other than a school district, and located outside the political subdivision unless the Legislature by statute authorizes the property tax on that property;
(f) property owned by a nonprofit entity used exclusively for religious, charitable, or educational purposes;
(g) places of burial not held or used for private or corporate benefit;
(h) farm equipment and farm machinery as defined by statute;
(i) water rights, reservoirs, pumping plants, ditches, canals, pipes, flumes, power plants, and transmission lines to the extent owned and used by an individual or corporation to irrigate land that is:
(ii) owned by the individual or corporation, or by an individual member of the corporation; and
(B) reservoirs, pumping plants, ditches, canals, pipes, flumes, and, as defined by statute, other water infrastructure;
(iii) land immediately adjacent to a reservoir, ditch, canal, or pipe that is exempt under Subsection (1)(j)(i)(B) if the land is:
(B) reasonably necessary for the maintenance or for otherwise supporting the operation of the reservoir, ditch, canal, or pipe.
(ii) tangible personal property present in the State on January 1 and held for sale or processing and shipped to a final destination outside the State within 12 months;
(iii) subject to Subsection (2)(b), property to the extent used to generate and deliver electrical power for pumping water to irrigate lands in the State;
(iv) up to 45% of the fair market value of residential property, as defined by statute;
(v) household furnishings, furniture, and equipment used exclusively by the owner of that property in maintaining the owner's home; and
(vi) tangible personal property that, if subject to property tax, would generate an inconsequential amount of revenue.
(b) property owned by the unmarried surviving spouse or the minor orphan of a person who:
(ii) during military training or a military conflict, was killed in action or died in the line of duty in the military service of the United States or the State; and
Art. XIII §4 | OTHER TAXES
(2) In a statute imposing an income tax, the Legislature may:
(b) modify or provide exemptions to a provision referred to in Subsection (2)(a).
Art. XIII §5 | USE AND AMOUNT OF TAXES AND EXPENDITURES
(b) If the ordinary expenses of the State will exceed revenues for a fiscal year, the Governor shall:
(ii) convene the Legislature into session under Article VII, Section 6 to address the deficiency.
(b) Subsection (2)(a) does not apply to an appropriation or expenditure to suppress insurrection, defend the State, or assist in defending the United States in time of war.
(b) the principal within 20 years after the final passage of the statute creating the debt.
(5) All revenue from taxes on intangible property or from a tax on income shall be used:
(b) to support children and to support individuals with a disability.
(b) the construction, maintenance, and repair of State and local roads, including payment for property taken for or damaged by rights-of-way and for associated administrative costs;
(c) driver education;
(d) enforcement of state motor vehicle and traffic laws; and
(e) the payment of the principal of and interest on any obligation of the State or a city or county, issued for any of the purposes set forth in Subsection (6)(b) and to which any of the fees, taxes, or other charges described in this Subsection (6) have been pledged, including any paid to the State or a city or county, as provided by statute.
(8) A political subdivision of the State may share its tax and other revenues with another political subdivision of the State as provided by statute.
(9) Beginning July 1, 2016, the aggregate annual revenue from all severance taxes, as those taxes are defined by statute, except revenue that by statute is used for purposes related to any federally recognized Indian tribe, shall be deposited annually into the permanent State trust fund under Article XXII, Section 4, as follows:
(b) 50% of the next $50,000,000 of aggregate annual revenue; and
(c) 75% of the aggregate annual revenue that exceeds $100,000,000.
Art. XIII §6 | STATE TAX COMMISSION
(2) With the consent of the Senate, the Governor shall appoint the members of the State Tax Commission for such terms as may be provided by statute.
(3) The State Tax Commission shall:
(b) assess mines and public utilities and have such other powers of original assessment as the Legislature may provide by statute;
(c) adjust and equalize the valuation and assessment of property among the counties;
(d) as the Legislature provides by statute, review proposed bond issues, revise local tax levies, and equalize the assessment and valuation of property within the counties; and
(e) have other powers as may be provided by statute.
Art. XIII §7 | COUNTY BOARDS OF EQUALIZATION
(2) Each county board of equalization shall adjust and equalize the valuation and assessment of the real and personal property within its county, subject to the State Tax Commission's regulation and control as provided by law.
(3) The county boards of equalization shall have other powers as may be provided by statute.
(4) Notwithstanding the powers granted to the State Tax Commission in this Constitution, the Legislature may by statute authorize any court established under Article VIII to adjudicate, review, reconsider, or redetermine any matter decided by a county board of equalization relating to revenue and taxation.
Art. XIII §8 | ANNUAL STATEMENT
Article XIV
Public Debt
Art. XIV §1 | FIXING THE LIMIT OF THE STATE INDEBTEDNESS -- EXCEPTIONS
Art. XIV §2 | DEBTS FOR PUBLIC DEFENSE
Art. XIV §3 | CERTAIN DEBT OF COUNTIES, CITIES, TOWNS, SCHOOL DISTRICTS, AND OTHER POLITICAL SUBDIVISIONS NOT TO EXCEED TAXES -- EXCEPTION -- DEBT MAY BE INCURRED ONLY FOR SPECIFIED PURPOSES
(2) No part of the indebtedness allowed in this section may be incurred for other than strictly county, city, town, school district, or other political subdivision purposes respectively.
Art. XIV §4 | LIMIT OF INDEBTEDNESS OF COUNTIES, CITIES, TOWNS, AND SCHOOL DISTRICTS -- LARGER INDEBTEDNESS MAY BE ALLOWED
(b) No city, town, school district, or other municipal corporation, may become indebted to an amount, including existing indebtedness, exceeding four per centum of the value of the taxable property therein.
(3) A city of the first or second class, if authorized as provided in Section 3 of this Article, may be allowed to incur a larger indebtedness, not to exceed four per centum, and any other city or town, not to exceed eight per centum additional, for supplying such city or town with water, artificial lights or sewers, if the works for supplying the water, light, and sewers are owned and controlled by the municipality.
Art. XIV §5 | BORROWED MONEY TO BE APPLIED TO AUTHORIZED USE
Art. XIV §6 | STATE NOT TO ASSUME COUNTY, CITY, TOWN OR SCHOOL DISTRICT DEBTS -- EXCEPTION
Art. XIV §7 | EXISTING INDEBTEDNESS NOT IMPAIRED
Article XV
Militia
Art. XV §1 | HOW CONSTITUTED
Art. XV §2 | ORGANIZATION AND EQUIPMENT
Article XVI
Labor
Art. XVI §1 | RIGHTS OF LABOR TO BE PROTECTED
Art. XVI §2 | BOARD OF LABOR
Art. XVI §3 | CERTAIN EMPLOYMENT AND PRACTICES TO BE PROHIBITED
(2) The involuntary contracting of convict labor.
(3) The political and commercial control of employees.
Art. XVI §4 | EXCHANGE OF BLACKLISTS PROHIBITED
Art. XVI §5 | INJURIES RESULTING IN DEATH -- DAMAGES
Art. XVI §6 | EIGHT HOURS A DAY’S LABOR ON PUBLIC WORKS -- HEALTH AND SAFETY LAWS
Art. XVI §7 | LEGISLATURE TO ENFORCE THIS ARTICLE
Art. XVI §8 | MINIMUM WAGE FOR WOMEN AND MINORS -- COMFORT AND SAFETY LAWS
Article XVII
Water Rights
Art. XVII §1 | EXISTING RIGHTS CONFIRMED
Article XVIII
Forestry
Art. XVIII §1 | FORESTS TO BE PRESERVED
Article XX
Public Lands
Art. XX §1 | LAND GRANTS ACCEPTED ON TERMS OF TRUST
Art. XX §2 | SCHOOL AND INSTITUTIONAL TRUST LANDS
Article XXII
Miscellaneous
Art. XXII §1 | HOMESTEAD EXEMPTION
Art. XXII §3 | SEAT OF GOVERNMENT
Art. XXII §4 | STATE TRUST FUND -- PRINCIPAL TO BE HELD IN PERPETUITY -- USE OF INCOME
(b) money or other assets given to the fund under any provision of law;
(c) severance tax revenue, as provided in Article XIII, Section 5, Subsection (9); and
(d) other funds and assets that the trust fund receives by bequest or private donation.
(3) The income from the state trust fund shall be deposited into the General Fund.
(4) With the concurrence of the governor and three-fourths of each house of the Legislature, funds or assets in the trust fund may be removed from the fund for deposit into the General Fund.
Art. XXII §5 | OFFICERS MAY NOT PROFIT
Article XXIII
Amendment and Revision
Art. XXIII §1 | AMENDMENTS: PROPOSAL, ELECTION
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 matter of the article being revised, amended or being proposed as a new article.
Art. XXIII §2 | REVISION OF THE CONSTITUTION
Art. XXIII §3 | SUBMISSION TO ELECTORS
Article XXIV
Schedule
Art. XXIV §1 | ACTIONS, CONTRACTS TO CONTINUE
Art. XXIV §2 | TERRITORIAL LAWS CONTINUED
Art. XXIV §3 | PRISONERS TO BE HELD
Art. XXIV §4 | FINES, PENALTIES AND FORFEITURES DUE THE TERRITORY -- DEBTS OF THE TERRITORY
Art. XXIV §5 | RECOGNIZANCES -- JUDGMENTS -- RECORDS -- FINES DUE COUNTIES, MUNICIPALITIES AND SCHOOL DISTRICTS
Art. XXIV §6 | CRIMINAL PROSECUTIONS BEGUN AND CRIMES COMMITTED BEFORE STATEHOOD
Art. XXIV §7 | TRANSFER OF CAUSES, RECORDS
Art. XXIV §8 | SEALS OF COURTS
Art. XXIV §9 | TRANSFER OF PROBATE CAUSES TO DISTRICT COURTS
Art. XXIV §10 | OFFICERS TO HOLD OFFICE UNTIL SUPERSEDED
Art. XXIV §11 | ELECTION FOR ADOPTION OR REJECTION OF CONSTITUTION AND FOR STATE OFFICERS -- VOTERS
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.
Art. XXIV §12 | OFFICERS TO BE ELECTED
Art. XXIV §13 | CONTEST FOR DISTRICT JUDGESHIP, HOW DETERMINED
Art. XXIV §14 | CONSTITUTION TO BE SUBMITTED TO VOTERS -- BALLOT
Yes.No.
All persons desiring to vote against the Constitution must erase the word "Yes."
Art. XXIV §15 | ELECTION OF OFFICERS NOT PROVIDED FOR HEREIN
Art. XXIV §16 | WHEN CONSTITUTION IN FORCE
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.
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