S.J.R. 6

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House Committee Amendments 2-16-2004 kh/rhr This document includes House Committee Amendments incorporated into the bill on Mon, Feb 16, 2004 at 11:37 AM by kholt. --> 1

RESOLUTION ON IMPEACHMENT AUTHORITY
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John L. Valentine
5
6 LONG TITLE
7 General Description:
8 This joint resolution of the Legislature proposes to amend the Utah Constitution to
9 modify provisions relating to impeachment.
10 Highlighted Provisions:
11 This resolution proposes to amend the Utah Constitution to:
12 . modify a provision regarding officers subject to impeachment to make justices of
13 the peace subject to impeachment;
14 . eliminate a provision limiting to expenses and mileage the compensation that
15 legislators may receive for days beyond the number allowed for annual general or
16 special sessions when trying cases of impeachment;
17 . clarify that the House may convene for the purpose of impeachment when not
18 already in an annual general session or a session convened by the governor;
19 . clarify that, upon impeachment by the House, the Senate shall, if not already
20 convened in an annual general session, convene for the purpose of trying the
21 impeachment; and
22 . make technical changes.
23 Special Clauses:
24 This resolution directs the lieutenant governor to submit this proposal to voters.
25 This resolution provides an effective date.
25a H THIS RESOLUTION PROVIDES A COORDINATION CLAUSE. h
26 Utah Constitution Sections Affected:
27 AMENDS:

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- 2 - 28 ARTICLE VI, SECTION 16
29 ARTICLE VI, SECTION 17
30 ARTICLE VI, SECTION 18
31 ARTICLE VI, SECTION 19
32
33 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
34 of the two houses voting in favor thereof:
35 Section 1. It is proposed to amend Utah Constitution Article VI, Section 16, to read:
36 Article VI, Section 16. [Duration of sessions.]
37 (1) No annual general session of the Legislature [shall] may exceed 45 calendar days,
38 except in cases of impeachment.
39 (2) No [special] session [shall] of the Legislature convened by the Governor under
40 Article VII, Section 6 may exceed 30 calendar days, except in cases of impeachment. [When
41 any session of the Legislature trying cases of impeachment exceeds the number of days it may
42 remain in session as provided in this section, the members shall receive compensation only for
43 expenses and mileage for those days in excess of 30.]
44 Section 2. It is proposed to amend Utah Constitution Article VI, Section 17, to read:
45 Article VI, Section 17. [Impeachment by House.]
46 (1) The House of Representatives shall have the sole power of impeachment, but in
47 order to impeach, two-thirds of all the members elected must vote therefor.
48 (2) If not already convened in an annual general session, the House of Representatives
49 may convene for the purpose of impeachment if a poll of members conducted by the Speaker of
50 the House indicates that two-thirds of the members of the House of Representatives are in
51 favor of convening.
52 Section 3. It is proposed to amend Utah Constitution Article VI, Section 18, to read:
53 Article VI, Section 18. [Trial of impeachment by Senate.]
54 (1) All impeachments shall be tried by the Senate, and senators, when sitting for that
55 purpose, shall take oath or make affirmation to do justice according to the law and the
56 evidence.
57 (2) Upon an impeachment by the House of Representatives, the Senate shall, if not
58 already convened in an annual general session, convene for the purpose of trying the

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House Committee Amendments 2-16-2004 kh/rhr 59

impeachment.
60 (3) When the Governor is on trial, the Chief Justice of the Supreme Court shall preside.
61 (4) No person shall be convicted without the concurrence of two-thirds of the senators
62 elected.
63 Section 4. It is proposed to amend Utah Constitution Article VI, Section 19, to read:
64 Article VI, Section 19. [Officers liable for impeachment -- Judgment --
65 Prosecution by law.]
66 The Governor and other State and Judicial officers[, except justices of the peace,] shall
67 be liable to impeachment for high crimes, misdemeanors, or malfeasance in office; but
68 judgment in such cases shall extend only to removal from office and disqualification to hold
69 any office of honor, trust, or profit in the State. The party, whether convicted or acquitted,
70 shall, nevertheless, be liable to prosecution, trial, and punishment according to law.
71 Section 5. Submittal to voters.
72 The lieutenant governor is directed to submit this proposed amendment to the voters of
73 the state at the next regular general election in the manner provided by law.
74 Section 6. Effective date.
75 If the amendment proposed by this joint resolution is approved by a majority of those
76 voting on it at the next regular general election, the amendment shall take effect on January 1,
77 2005.
77a H Section 7. Coordination clause.
77b IF THIS JOINT RESOLUTION AND H.J.R. 8, RESOLUTION AUTHORIZING THE LEGISLATURE
77c TO CALL ITSELF INTO SESSION, BOTH PASS AND ARE APPROVED BY A MAJORITY OF THOSE
77d VOTING ON THE JOINT RESOLUTIONS AT THE NEXT REGULAR GENERAL ELECTION, IT IS THE
77e INTENT OF THE LEGISLATURE AND THE PEOPLE OF THE STATE THAT THE OFFICE OF
77f LEGISLATIVE RESEARCH AND GENERAL COUNSEL, IN PREPARING THE UTAH CONSTITUTION
77g DATABASE FOR PUBLICATION, COMBINE AND COORDINATE THE AMENDMENTS MADE TO
77h ARTICLE VI, SECTION 16 IN THIS JOINT RESOLUTION WITH THE AMENDMENTS MADE TO ARTICLE
77i VI, SECTION 16 IN H.J.R. 8, SO THAT THE COMBINED AND COORDINATED AMENDMENTS TO
77j ARTICLE VI, SECTION 16 READ AS FOLLOWS:
77k 'Article VI, Section 16. [Duration of sessions.]
77l [No] EXCEPT IN CASES OF IMPEACHMENT:
77m (1) NO annual general session of the Legislature [shall] MAY exceed 45 calendar days[, except
77n in cases of impeachment. No special session shall exceed 30 calendar days, except in cases of
77o impeachment.]:
77p (2) NO SESSION INDIVIDUALLY, AND NO SESSIONS CUMULATIVELY, CONVENED BY THE
77q LEGISLATURE UNDER ARTICLE VI, SECTION 34 MAY EXCEED 15 CALENDAR DAYS IN A

CALENDAR
77r YEAR; AND h

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House Committee Amendments 2-16-2004 kh/rhr 77s

H (3) NO SESSION OF THE LEGISLATURE CONVENED BY THE GOVERNOR UNDER ARTICLE
77t VII, SECTION 6 MAY EXCEED 30 CALENDAR DAYS.
77u [When any session of the Legislature trying cases of impeachment exceeds the number of
77v days it may remain in session as provided in this section, the members shall receive compensation
77w only for expenses and mileage for those days in excess of 30.]' h

Legislative Review Note
as of 1-26-04 3:20 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel