S.J.R. 6 Enrolled

RESOLUTION ON IMPEACHMENT AUTHORITY
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: John L. Valentine

LONG TITLE
General Description:
This joint resolution of the Legislature proposes to amend the Utah Constitution to
modify provisions relating to impeachment.
Highlighted Provisions:
This resolution proposes to amend the Utah Constitution to:
. modify a provision regarding officers subject to impeachment to eliminate an
exception for justices of the peace;
. eliminate a provision limiting to expenses and mileage the compensation that
legislators may receive for days beyond the number allowed for annual general or
special sessions when trying cases of impeachment;
. clarify that the House may convene for the purpose of impeachment when not
already in an annual general session;
. clarify that, upon impeachment by the House, the Senate shall, if not already
convened in an annual general session, convene for the purpose of trying the
impeachment; and
. make technical changes.
Special Clauses:
This resolution directs the lieutenant governor to submit this proposal to voters.
This resolution provides an effective date.
Utah Constitution Sections Affected:
AMENDS:
ARTICLE VI, SECTION 16
ARTICLE VI, SECTION 17

ARTICLE VI, SECTION 18
ARTICLE VI, SECTION 19

Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of
the two houses voting in favor thereof:
Section 1. It is proposed to amend Utah Constitution Article VI, Section 16, to read:
Article VI, Section 16. [Duration of sessions.]
(1) No annual general session of the Legislature [shall] may exceed 45 calendar days,
except in cases of impeachment.
(2) No [special] session [shall] of the Legislature convened by the Governor under
Article VII, Section 6 may 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.]
Section 2. It is proposed to amend Utah Constitution Article VI, Section 17, to read:
Article VI, Section 17. [Impeachment by House.]
(1) 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.
(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.
Section 3. It is proposed to amend Utah Constitution Article VI, Section 18, to read:
Article VI, Section 18. [Trial of impeachment by Senate.]
(1) 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.
(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

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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.
Section 4. It is proposed to amend Utah Constitution Article VI, Section 19, to read:
Article VI, Section 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.
Section 5. Submittal to voters.
The lieutenant governor is directed to submit this proposed amendment to the voters of
the state at the next regular general election in the manner provided by law.
Section 6. Effective date.
If the amendment proposed by this joint resolution is approved by a majority of those
voting on it at the next regular general election, the amendment shall take effect on January 1,
2005.

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