AJR46: Joint Resolution Text

AJR46,5,21 [Article IV] Section 25. The legislature shall provide by law that all stationery required for the use of the state, and all printing authorized and required by them the legislature to be done for their the use of the legislature, or for the state, shall be let by contract to the lowest bidder, but the legislature may establish a maximum price; no member of the legislature or other state officer shall be interested, either directly or indirectly, in any such contract.

AJR46, s. 18 Section 18. Section 26 (2) (b) of article IV of the constitution is amended to read:

AJR46,6,2 [Article IV] Section 26 (2) (b) Any increase in the compensation of members of the legislature shall take effect, for all senators and representatives to the assembly members of the legislature, after the next general election beginning with the new assembly term biennial session of the legislature.

AJR46, s. 19 Section 19. Section 26 (3) of article IV of the constitution is amended to read:

AJR46,6,9 [Article IV] Section 26 (3) Subsection (1) shall not apply to increased benefits for persons who have been or shall be granted benefits of any kind under a retirement system when such increased benefits are provided by a legislative act passed on a call of ayes and noes by a three-fourths vote of all the members elected to both houses of the legislature and such act provides for sufficient state funds to cover the costs of the increased benefits.

AJR46, s. 20 Section 20. Section 30 of article IV of the constitution is amended to read:

AJR46,6,12 [Article IV] Section 30. All elections made by the legislature shall be by roll call vote entered in the journals journal.

AJR46, s. 21 Section 21. Section 3 of article V of the constitution is amended to read:

AJR46,6,24 [Article V] Section 3. The governor and lieutenant governor shall be elected by the qualified electors of the state at the times and places of choosing members of the legislature. They shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices beginning with the general election in 1970. The persons respectively having the highest number of votes cast jointly for them for governor and lieutenant governor shall be elected; but in case two or more slates shall have an equal and the highest number of votes for governor and lieutenant governor, the two houses of the legislature, at its next annual session shall forthwith, by joint ballot, choose one of the slates so having an equal and the highest number of votes for governor and lieutenant governor. The returns of election for governor and lieutenant governor shall be made in such manner as shall be provided by law.

AJR46, s. 22 Section 22. Section 4 of article V of the constitution is amended to read:

AJR46,7,2 [Article V] Section 4 (1) The governor shall be commander in chief of the military and naval forces of the state. He shall have power to

AJR46,7,6 (2) The governor may convene the legislature on extraordinary occasions, and in case of invasion, or danger from the prevalence of contagious disease at the seat of government, he the governor may convene them the legislature at any other suitable place within the state. He

AJR46,7,9 (3) The governor shall communicate to the legislature, at every session, the condition of the state, and recommend such matters to them the legislature for their its consideration as he may deem the governor deems expedient. He

AJR46,7,11 (4) The governor shall transact all necessary business with the officers of the government, civil and military. He

AJR46,7,13 (5) The governor shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws be faithfully executed.

AJR46, s. 23 Section 23. Section 10 (2) of article V of the constitution is amended to read:

AJR46,7,22 [Article V] Section 10 (2) (a) If the governor rejects the bill, the governor shall return the bill, together with the objections in writing, to the house in which the bill originated legislature. The house of origin legislature shall enter the objections at large upon the journal and proceed to reconsider the bill. If, after such reconsideration, two-thirds of the members present agree to pass the bill notwithstanding the objections of the governor, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present it shall become law.

AJR46,8,5 (b) The rejected part of an appropriation bill, together with the governor's objections in writing, shall be returned to the house in which the bill originated legislature. The house of origin legislature shall enter the objections at large upon the journal and proceed to reconsider the rejected part of the appropriation bill. If, after such reconsideration, two-thirds of the members present agree to approve the rejected part notwithstanding the objections of the governor, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present the rejected part shall become law.

AJR46,8,9 (c) In all such cases the votes of both houses the legislature shall be determined by ayes and noes, and the names of the members voting for or against passage of the bill or the rejected part of the bill notwithstanding the objections of the governor shall be entered on the journal of each house respectively.

AJR46, s. 24 Section 24. Section 2 of article VI of the constitution is amended to read:

AJR46,8,17 [Article VI] Section 2. The secretary of state shall keep a fair record of the official acts of the legislature and executive department of the state, and shall, when required, lay the same and all matters relative thereto before either branch of the legislature. He The secretary of state shall perform such other duties as shall be are assigned him to the secretary of state by law. He The secretary of state shall receive as a compensation for his services yearly such sum as shall be is provided by law, and shall keep his the office of the secretary of state at the seat of government.

AJR46, s. 25 Section 25. Section 1 of article VII of the constitution is amended to read:

AJR46,9,2 [Article VII] Section 1 (1) The court for the trial of impeachments shall be composed of the senate legislature. The assembly legislature shall have the power of impeaching all civil officers of this state for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall concur in an impeachment. On the trial of an impeachment against the governor, the lieutenant governor shall not act as a member of the court. No judicial officer shall exercise his that office, after he shall have the judicial officer has been impeached, until his acquittal acquitted.

AJR46,9,6 (2) Before the trial of an impeachment the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to evidence; and no person shall be convicted without the concurrence of two-thirds of the members present of the court.

AJR46,9,10 (3) Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold any office of honor, profit or trust under the state; but the party impeached shall be liable to indictment, trial and punishment according to law.

AJR46, s. 26 Section 26. Section 13 of article VII of the constitution is amended to read:

AJR46,9,17 [Article VII] Section 13. Any justice or judge may be removed from office by address of both houses of the legislature, if two-thirds of all the members elected to each house the legislature concur therein, but no removal shall be made by virtue of this section unless the justice or judge complained of is served with a copy of the charges, as the ground of address, and has had an opportunity of being heard. On the question of removal, the ayes and noes shall be entered on the journals journal.

AJR46, s. 27 Section 27. Section 6 of article VIII of the constitution is amended to read:

AJR46,9,25 [Article VIII] Section 6. For the purpose of defraying extraordinary expenditures the state may contract public debts ( , but such debts shall never in the aggregate exceed one hundred thousand dollars) $100,000. Every such debt shall be authorized by law, for some purpose or purposes to be distinctly specified therein; and the vote of a majority of all the members elected to each house the legislature, to be taken by yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt and the principal within five years from the passage of such law, and shall specially appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation shall not be repealed, nor the taxes be postponed or diminished, until the principal and interest of such debt shall have been wholly paid.

AJR46, s. 28 Section 28. Section 7 (2) (e) and (g) of article VIII of the constitution are amended to read:

AJR46,10,15 [Article VIII] Section 7 (2) (e) The legislature shall prescribe all matters relating to the contracting of public debt pursuant to paragraph (a), including: the public purposes for which public debt may be contracted; by vote of a majority of the members elected to each of the 2 houses of the legislature, the amount of public debt which may be contracted for any class of such purposes; the public debt or other indebtedness which may be funded or refunded; the kinds of notes, bonds or other evidence of public debt which may be issued by the state; and the manner in which the aggregate value of all taxable property in the state shall be determined.

AJR46,11,2 (g) At any time after January 1, 1972, by vote of a majority of the members elected to each of the 2 houses of the legislature, the legislature may declare that an emergency exists and submit to the people a proposal to authorize the state to contract a specific amount of public debt for a purpose specified in such proposal, without regard to the limit provided in paragraph (b). Any such authorization shall be effective if approved by a majority of the electors voting thereon. Public debt contracted pursuant to such authorization shall thereafter be deemed to have been contracted pursuant to paragraph (a), but neither such public debt nor any public debt contracted to fund or refund such public debt shall be considered in computing the debt limit provided in paragraph (b). Not more than one such authorization shall be thus made in any 2-year period.

AJR46, s. 29 Section 29. Section 8 of article VIII of the constitution is amended to read:

AJR46,11,10 [Article VIII] Section 8. On the passage in either house of by the legislature of any law which imposes, continues or renews a tax, or creates a debt or charge, or makes, continues or renews an appropriation of public or trust money, or releases, discharges or commutes a claim or demand of the state, the question shall be taken by yeas and nays, which shall be duly entered on the journal; and three-fifths of all the members elected to such house the legislature shall in all such cases be required to constitute a quorum therein.

AJR46, s. 30 Section 30. Section 1 of article XII of the constitution is amended to read:

AJR46,12,2 [Article XII] Section 1. Any amendment or amendments to this constitution may be proposed in either house of by the legislature, and if the same shall be agreed to by a majority of the members elected to each of the two houses legislature, such proposed amendment or amendments shall be entered on their journals its journal, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published for three months previous to the time of holding such election; and if, in the legislature so next chosen, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house the legislature, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people in such manner and at such time as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become part of the constitution; provided, that if more than one amendment be submitted, they shall be submitted in such manner that the people may vote for or against such amendments separately.

AJR46, s. 31 Section 31. Section 2 of article XII of the constitution is amended to read:

AJR46,12,10 [Article XII] Section 2. If at any time a majority of the senate and assembly legislature shall deem it necessary to call a convention to revise or change this constitution, they the legislature shall recommend to the electors to vote for or against a convention at the next election for members of the legislature. And if it shall appear that a majority of the electors voting thereon have voted for a convention, the legislature shall, at its next session, provide for calling such convention.

AJR46, s. 32 Section 32. Section 6 of article XIII of the constitution is amended so as in effect to repeal said section:

AJR46,12,15 [Article XIII] Section 6. The elective officers of the legislature, other than the presiding officers, shall be a chief clerk and a sergeant at arms, to be elected by each house.

AJR46, s. 33 Section 33. Section 10 (2) of article XIII of the constitution is amended to read:

AJR46,12,20 [Article XIII] Section 10 (2) Whenever there is a vacancy in the office of lieutenant governor, the governor shall nominate a successor to serve for the balance of the unexpired term, who shall take office after confirmation by the senate and by the assembly legislature.

AJR46, s. 34 Section 34. Section 17 of article XIV of the constitution is created to read:

AJR46,13,2 [Article XIV] Section 17 (1) The changes to the constitution made by this 1997/1999 amendment establishing a unicameral legislature first apply to the legislature chosen on the Tuesday succeeding the first Monday of November, 2004; to the powers, duties and procedures concerning, and prohibitions against, that legislature; to the election to that legislature on that date; and to the apportioning and districting anew of the legislative districts for that election.

AJR46,13,5 (2) If a senator is elected before November 2004 to a term of office expiring after the first Monday of January, 2005, the term expires on the first Monday of January, 2005.

AJR46,13,9 (3) Notwithstanding section 4 of article IV, the terms of members of the legislature elected in November 2004 to even-numbered districts shall be for 2 years and the terms of members of the legislature elected in November 2004 to odd-numbered districts shall be for 4 years.

AJR46, s. 35 Section 35. Numbering of new provisions. (1) The new section 17 of article XIV of the constitution created in this joint resolution shall be designated by the next higher open whole section number in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a section 17 of article XIV of the constitution of this state. If one or more joint resolutions create a section 17 of article XIV simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the sections created shall be numbered and placed in a sequence so that the section created by the joint resolution having the lowest enrolled joint resolution number has the number designated in the joint resolution and the sections created by the other joint resolutions have the numbers in the sequence that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the sections.

AJR46,14,9 (2) The new subsection (2) of section 9 of article IV of the constitution created in this joint resolution shall be designated by the next higher open whole subsection number in that section if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a subsection (2) of section 9 of article IV of the constitution of this state. If one or more joint resolutions create a subsection (2) of section 9 of article IV simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the subsections created shall be numbered and placed in a sequence so that the subsection created by the joint resolution having the lowest enrolled joint resolution number has the number designated in the joint resolution and the subsections created by the other joint resolutions have the numbers in the sequence that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the subsections.

AJR46,14,12 Be it further resolved, That this proposed amendment be referred to the legislature to be chosen at the next general election and that it be published for 3 months previous to the time of holding such election.

AJR46,14,13 (End)