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Article VI, Section 2
Article VI, Section 16
Article VI, Section 17
Article VI, Section 18
Article VI, Section 31
Article VII, Section 5
Article VII, Section 12
Article IX, Section 1
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Proposal to Amend Utah Constitution - Legislative Session
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor:
LONG TITLE
General Description:
This joint resolution of the Utah Legislature proposes to amend the Utah Constitution to
modify the legislative session.
Highlighted Provisions:
This resolution proposes to amend the Utah Constitution to:
replace the annual general session with one budget session and two general sessions per
year;
provide for the start date of each session, the duration of each session, and the purpose of
each session; and
make technical and conforming changes.
Other Special Clauses:
This resolution directs the lieutenant governor to submit this proposal to voters.
This resolution provides a contingent effective date of
January 1, 2028
for this proposal.
Utah Constitution Sections Affected:
AMENDS:
Article VI, Section 2
Article VI, Section 16
Article VI, Section 17
Article VI, Section 18
Article VI, Section 31
Article VII, Section 5
Article VII, Section 12
Article IX, Section 1
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 2 to read
Article VI, Section 2
. [Time and location of budget and general sessions --
Location of sessions convened by the Governor or Legislature -- Sessions convened by the
Legislature.]
(1)
(a)
Annual
Budget and
general sessions of the Legislature shall be held at the seat of
government
and shall begin on the day in January designated by statute
.
(b)
An annual budget session of the Legislature, to consider only the budget and
appropriations, and if approved by two-thirds of the members of each house, bills
creating policy, shall begin on the day in February designated by statute.
(c)
(i)
A general session of the Legislature shall begin on the day in May designated
by statute.
(ii)
A general session of the Legislature shall begin on the day in September
designated by statute.
(2)
(a)
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.
(b)
A session convened by the Governor under Article VII, Section 6, or a session
convened by the Legislature under Subsection
(3)
may address any issue that the
Legislature may consider at the annual budget session or a general session.
(3)
(a)
The President of the Senate and Speaker of the House of Representatives shall by
joint proclamation convene the Legislature into session if a poll conducted by the
President and Speaker of their respective houses indicates that two-thirds of all
members elected to each house are in favor of convening the Legislature into session
because in their opinion a persistent fiscal crisis, war, natural disaster, or emergency
in the affairs of the State necessitates convening the Legislature into session.
(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
a
budget or a
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.
Section 2. It is proposed to amend Utah Constitution, Article VI, Section 16 to read
Article VI, Section 16
. [Duration of sessions.]
Except in cases of impeachment:
(1)
no
annual
budget or
general session of the Legislature may exceed
45
15
calendar
days, excluding state holidays and federal holidays;
(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.
Section 3. 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
a
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 4. 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
a
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.
Section 5. It is proposed to amend Utah Constitution, Article VI, Section 31 to read
Article VI, Section 31
. [Additional compensation of legislators.]
For attendance at meetings of interim committees established by law to function
between
legislative
budget, general, and special
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.
Section 6. It is proposed to amend Utah Constitution, Article VII, Section 5 to read
Article VII, Section 5
. [Executive power vested in Governor -- Duties -- Legal
counsel.]
(1)
The executive power of the state shall be vested in the Governor who shall see that the
laws are faithfully executed.
(2)
The Governor shall transact all executive business with the officers of the government,
civil and military, and may require information in writing 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
the budget
session and recommend such measures
as may be deemed expedient.
(4)
The Governor may appoint legal counsel to advise the Governor.
Section 7. It is proposed to amend Utah Constitution, Article VII, Section 12 to read
Article VII, Section 12
. [Board of Pardons and Parole -- Appointment -- Powers
and procedures -- Governor's powers and duties -- Legislature's powers.]
(1)
There is created a Board of Pardons and Parole. The Governor shall appoint the
members of the board with the consent of the Senate. The terms of office shall be as
provided by statute.
(2)
(a)
The Board of Pardons and Parole, by majority vote and upon other conditions as
provided by statute, may grant parole, remit fines, forfeitures, and restitution orders,
commute punishments, and grant pardons after convictions, in all cases except
treason and impeachments, subject to regulations as provided by statute.
(b)
A fine, forfeiture, or restitution order may not be remitted and a commutation,
parole, or pardon may not be granted except after a full hearing before the board, in
open session, and after previous notice of the time and place of the hearing has been
given.
(c)
The proceedings and decisions of the board, the reasons therefor in each case, and the
dissent of any member who may disagree shall be recorded and filed as provided by
statute with all papers used upon the hearing.
(3)
(a)
The Governor may grant respites or reprieves in all cases of convictions for
offenses against the state except treason or conviction on impeachment. These
respites or reprieves may not extend beyond the next session of the board. At that
session, the board shall continue or determine the respite or reprieve, commute the
punishment, or pardon the offense as
provided in this section.
(b)
In case of conviction for treason, the Governor may suspend execution of the
sentence until the case is reported to the Legislature at its next
annual
general
session, when the Legislature shall pardon or commute the sentence, or direct its
execution. If the Legislature takes no action on the case before adjournment of that
session, the sentence shall be executed.
Section 8. It is proposed to amend Utah Constitution, Article IX, Section 1 to read
Article IX, Section 1
. [Dividing the state into districts.]
No later than the
annual general
budget
session next following the Legislature's receipt
of the results of an enumeration made by the authority of the United States, the Legislature
shall divide the state into congressional, legislative, and other districts accordingly.
Section 9.
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 10.
Contingent 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,
2028.
2-11-26 11:22 AM