Article 4, Part 3
Article IV. Part Third. Legislative Power.
Section 1. To meet annually; power of Legislature to convene
itself at other times; extent of legislative power.
Section 1-A. Legislature to establish Apportionment Commission;
number of quorum; compensation of commission members;
commission's budget; division among political parties.
Section 2. Bills to be signed by the Governor; proceedings, in case the
Governor disapproves; allowing the Governor 10
days to act on legislation.
Section 3. Each House the judge of its elections; majority, a quorum.
Section 4. May punish and expel members.
Section 5. Shall keep a journal; yeas and nays.
Section 6. May punish for contempt.
Section 7. Compensation; traveling expenses.
Section 8. Members exempt from arrest; freedom of debate.
Section 9. Either House may originate bills; revenue bills.
Section 10. Members not to be appointed to certain offices.
Section 11. Persons disqualified to be members.
Section 12. Adjournments.
Section 13. Special legislation.
Section 14. Corporations, formed under general laws
Section 15. Constitutional conventions.
Section 16. Acts become effective in 90 days after recess;
exception; emergency bill defined.
Section 17. Proceedings for people's veto.
1. Petition procedure; petition for people's veto.
2. Effect of referendum.
3. Referral to electors; proclamation by Governor.
Section 18. Direct initiative of legislation.
1. Petition procedure.
2. Referral to electors unless enacted by the Legislature without
change; number of signatures necessary on direct initiative
petitions; dating signatures on petitions; competing measures.
3. Timing of elections; proclamation by Governor.
Section 19. Effective date of measures approved by people; veto power limited.
Section 20. Meaning of words "electors," "people," "recess of Legislature,"
"statewide election," "measure," "circulator," and "written petition;"
written petitions for people's veto; written petitions for direct initiative.
Section 21. City council of any city may establish direct initiative and people's veto.
Section 22. Election officers and officials, how governed.
Section 23. Municipalities reimbursed annually.
Article IV.
Part Third. Legislative Power.
Section 1. To meet annually; power of Legislature to convene
itself at other times; extent of legislative power.
The Legislature shall convene on the first Wednesday of December
following the general election in what shall be designated the
first regular session of the Legislature; and shall further
convene on the first Wednesday after the first Tuesday of
January in the subsequent even-numbered year in what shall be
designated the second regular session of the Legislature;
provided, however, that the business of the second regular
session of the Legislature shall be limited to budgetary
matters; legislation in the Governor's call; legislation of an
emergency nature admitted by the Legislature; legislation
referred to committees for study and report by the Legislature
in the first regular session; and legislation presented to the
Legislature by written petition of the electors under the
provisions of Article IV, Part Third, Section 18. The
Legislature shall enact appropriate statutory limits on the
length of the first regular session and of the second regular
session. The Legislature may convene at such other times on
the call of the President of the Senate and Speaker of the
House, with the consent of a majority of the Members of the
Legislature of each political party, all Members of the
Legislature having been first polled. The Legislature, with
the exceptions hereinafter stated, shall have full power to
make and establish all reasonable laws and regulations for the
defense and benefit of the people of this State, not repugnant
to this Constitution, nor to that of the United States.
Section 1-A. Legislature to establish Apportionment Commission;
number of quorum; compensation of commission members;
commission's budget; division among political parties.
A Legislature which is required to apportion the districts of the
House of Representatives the Senate or, or both, under Article
IV, Part First, Section 2, or Article IV, Part Second, Section
2, shall establish, within the first 3 calendar days after the
convening of that Legislature, a commission to develop in
accordance with the requirements of this Constitution, a plan
for apportioning the House of Representatives, the Senate, or
both.
The commission shall be composed of 3 members from the political
party holding the largest number of seats in the House of
Representatives, who shall be appointed by the Speaker; 3
members from the political party holding the majority of the
remainder of the seats in the House of Representatives, who
shall be appointed by the floor leader of that party in the
House; 2 members of the party holding the largest number of
seats in the Senate, who shall be appointed by the President of
the Senate; 2 members of the political party holding the
majority of the remainder of the seats in the Senate, to be
appointed by the floor leader of that party in the Senate; the
chairperson of each of the 2 major political parties in the
State or their designated representatives; and 3 members from
the public generally, one to be selected by each group of
members of the commission representing the same political
party, and the third to be selected by the other 2 public
members. The Speaker of the House shall be responsible for
organizing the commission and shall be chairperson pro tempore
thereof until a permanent chairperson is selected by the
commission members from among their own number. No action may
be taken without a quorum of 8 being present. The commission
shall hold public hearings on any plan for apportionment prior
to submitting such plan to the Legislature.
Public members of the commission shall receive the same rate
of per diem that is paid to Legislators for every day's
attendance at special sessions of the Legislature as defined
by law. All members of the commission shall be reimbursed for
actual travel expenses incurred in carrying out the business of
the commission. The Legislature which is required to apportion
shall establish a budget for the apportioning commission within
the state budget document in the fiscal year previous to the
fiscal year during which the apportioning commission is
required to convene and shall appropriate sufficient funds for
the commission to satisfactorily perform its duties and
responsibilities. The budget shall include sufficient funds
to compensate the chairperson of the commission and the
chairperson's staff. The remainder of the appropriation shall
be made available equally among the political parties
represented on the commission to provide travel expenses,
incidental expenses and compensation for commission members and
for partisan staff and operations.
Section 2. Bills to be signed by the Governor; proceedings,
in case the Governor disapproves; allowing the Governor 10
days to act on legislation.
Every bill or resolution, having the force of law, to which the concurrence
of both Houses may be necessary, except on a question of adjournment,
which shall have passed both Houses, shall be presented to the
Governor, and if the Governor approves, the Governor shall sign it; if
not, the Governor shall return it with objections to the House
in which it shall have originated, which shall enter the
objections at large on its journals, and proceed to reconsider
it. If after such reconsideration, 2/3 of that House shall
agree to pass it, it shall be sent together with the
objections, to the other House, by which it shall be
reconsidered, and, if approved by 2/3 of that House, it shall
have the same effect as if it had been signed by the Governor;
but in all such cases, the votes of both Houses shall be taken
by yeas and nays, and the names of the persons, voting for and
against the bill or resolution, shall be entered on the
journals of both Houses respectively. If the bill or
resolution shall not be returned by the Governor within 10 days
(Sundays excepted) after it shall have been presented to the
Governor, it shall have the same force and effect as if the
Governor had signed it unless the Legislature by their
adjournment prevent its return, in which case it shall have
such force and effect, unless returned within 3 days after the
next meeting of the same Legislature which enacted the bill or
resolution; if there is no such next meeting of the
Legislature which enacted the bill or resolution, the bill or
resolution
shall not be a law.
Section 3. Each House the judge of its elections; majority,
a quorum. Each House shall be the judge of the elections and
qualifications of its own members, and a majority shall
constitute a quorum to do business; but a smaller number may
adjourn from day to day, and may compel the attendance of
absent members, in such manner and under such penalties as
each House shall provide.
Section 4. May punish and expel members. Each House may
determine the rules of its proceedings, punish its members for
disorderly behavior, and, with the concurrence of 2/3, expel a
member, but not a 2nd time for the same cause.
Section 5. Shall keep a journal; yeas and nays. Each House
shall keep a journal, and from time to time publish its
proceedings, except such parts as in their judgment may
require secrecy; and the yeas and nays of the members of either
House on any question, shall, at the desire of 1/5 of those
present, be entered on the journals.
Section 6. May punish for contempt. Each House, during its
session, may punish by imprisonment any person, not a member,
for disrespectful or disorderly behavior in its presence, for
obstructing any of its proceedings, threatening, assaulting or
abusing any of its members for anything said, done, or doing in
either House; provided, that no imprisonment shall extend
beyond the period of the same session.
Section 7. Compensation; traveling expenses. The Senators
and Representatives shall receive such compensation, as shall be
established by law; but no law increasing their compensation
shall take effect during the existence of the Legislature,
which enacted it. The expenses of the members of the House of
Representatives in traveling to the Legislature, and returning
therefrom, once in each week of each session and no more,
shall be paid by the State out of the public treasury to every
member, who shall seasonably attend, in the judgment of the
House, and does not depart therefrom without leave.
Section 8. Members exempt from arrest; freedom of debate.
The Senators and Representatives shall, in all cases except
treason, felony or breach of the peace, be privileged from
arrest during their attendance at, going to, and returning from
each session of the Legislature, and no member shall be liable
to answer for anything spoken in debate in either House, in
any court or place elsewhere.
Section 9. Either House may originate bills; revenue bills.
Bills, orders or resolutions, may originate in either House,
and may be altered, amended or rejected in the other; but all
bills for raising a revenue shall originate in the House of
Representatives, but the Senate may propose amendments as in
other cases; provided, that they shall not, under color of
amendment, introduce any new matter, which does not relate to
raising a revenue.
Section 10. Members not to be appointed to certain offices.
No Senator or Representative shall, during the term for which
the Senator or Representative shall have been elected, be
appointed to any civil office of profit under this State, which
requires the approval of the Legislature for appointment or
which shall have been created, or the emoluments of which
increased during such term, except such offices as may be
filled by elections by the people.
Section 11. Persons disqualified to be members. No member of
Congress, nor person holding any office under the United
States (post officers excepted) nor office of profit under
this State, justices of the peace, notaries public, coroners
and officers of the militia excepted, shall have a seat in
either House while a member of Congress, or continuing in such
office.
Section 12. Adjournments. Neither House shall during the
session, without the consent of the other, adjourn for more
than 2 days, nor to any other place than that in which the
Houses shall be sitting.
Section 13. Special legislation. The Legislature shall, from
time to time, provide, as far as practicable, by general laws,
for all matters usually appertaining to special or private
legislation.
Section 14. Corporations, formed under general laws.
Corporations shall be formed under general laws, and shall not
be created by special Acts of the Legislature, except for
municipal purposes, and in cases where the objects of the
corporation cannot otherwise be attained; and, however formed,
they shall forever be subject to the general laws of the
State.
Section 15. Constitutional conventions. The Legislature
shall, by a 2/3 concurrent vote of both branches, have the power to
call constitutional conventions, for the purpose of amending
this Constitution.
Section 16. Acts become effective in 90 days after recess;
exception; emergency bill defined. No Act or joint resolution
of the Legislature, except such orders or resolutions as
pertain solely to facilitating the performance of the business
of the Legislature, of either branch, or of any committee or
officer thereof, or appropriate money therefor or for the
payment of salaries fixed by law, shall take effect until 90
days after the recess of the session of the Legislature in
which it was passed, unless in case of emergency, which with
the facts constituting the emergency shall be expressed in the
preamble of the Act, the Legislature shall, by a vote of 2/3 of
all the members elected to each House, otherwise direct. An
emergency bill shall include only such measures as are
immediately necessary for the preservation of the public peace,
health or safety; and shall not include (1) an infringement of
the right of home rule for municipalities, (2) a franchise or
a license to a corporation or an individual to extend longer
than one year, or (3) provision for the sale or purchase or
renting for more than 5 years of real estate.
Section 17. Proceedings for people's veto.
1. Petition procedure; petition for people's veto. Upon
written petition of electors, the number of which shall not be
less than 10% of the total vote for Governor cast in the last
gubernatorial election preceding the filing of such petition,
and addressed to the Governor and filed in the office of the
Secretary of State by the hour of 5:00 p.m., on or before the
90th day after the recess of the Legislature, or if such 90th
day is a Saturday, a Sunday, or a legal holiday, by the hour
of 5:00 p.m., on the preceding day which is not a Saturday, a
Sunday, or a legal holiday, requesting that one or more Acts,
bills, resolves or resolutions, or part or parts thereof,
passed by the Legislature but not then in effect by reason of
the provisions of the preceding section, be referred to the
people, such Acts, bills, resolves, or resolutions or part or parts
thereof as are specified in such petition shall not take effect until
30 days after the Governor shall have announced by public
proclamation that the same have been ratified by a majority of the
electors voting thereon at a statewide election.
2. Effect of referendum. The effect of any Act, bill,
resolve or resolution or part or parts thereof as are
specified in such petition shall be suspended upon the filing
of such petition. If it is later finally determined, in
accordance with any procedure enacted by the Legislature
pursuant to the Constitution, that such petition was invalid,
such Act, bill, resolve or resolution or part or parts thereof
shall then take effect upon the day following such final
determination.
3. Referral to electors; proclamation by Governor. As soon as
it appears that the effect of any Act, bill, resolve, or
resolution or part or parts thereof has been suspended by
petition in manner aforesaid, the Governor by public
proclamation shall give notice thereof and of the time when
such measure is to be voted on by the people, which shall be
at the next statewide election not less than 60 days after such
proclamation, or in case of no statewide election within 6
months thereafter the Governor may order such measure
submitted to the people at a special election not less than 60
days nor more than 6 months after proclamation thereof. If the
Governor fails to order such measure to be submitted to the
people at the next statewide election, the Secretary of State
shall, by proclamation, order such measure to be submitted to
the people at such an election and such order shall be
sufficient to enable the people to vote.
Section 18. Direct initiative of legislation.
1. Petition procedure. The electors may propose to the
Legislature for its consideration any bill, resolve or
resolution, including bills to amend or repeal emergency
legislation but not an amendment of the State Constitution, by
written petition addressed to the Legislature or to either
branch thereof and filed in the office of the Secretary of
State by the hour of 5:00 p.m., on or before the 50th day after
the date of convening of the Legislature in first regular
session or on or before the 25th day after the date of
convening of the Legislature in second regular session. If the
50th or 25th day, whichever applies, is a Saturday, Sunday, or
legal holiday, the period runs until the hour of 5:00 p.m., of
the next day which is not a Saturday, Sunday, or legal holiday.
2. Referral to electors unless enacted by the Legislature
without change; number of signatures necessary on direct
initiative petitions; dating signatures on petitions;
competing measures. For any measure thus proposed by electors,
the number of signatures shall not be less than 10% of the
total vote for Governor cast in the last gubernatorial
election preceding the filing of such petition. The date each
signature was made shall be written next to the signature on
the petition, and no signature older than one year from the
written date on the petition shall be valid. The measure thus
proposed, unless enacted without change by the Legislature at
the session at which it is presented, shall be submitted to
the electors together with any amended form, substitute, or
recommendation of the Legislature, and in such manner that the
people can choose between the competing measures or reject
both. When there are competing bills and neither receives a
majority of the votes given for or against both, the one
receiving the most votes shall at the next statewide election
to be held not less than 60 days after the first vote thereon
be submitted by itself if it receives more than 1/3 of the
votes given for and against both.
If the measure initiated is enacted by the Legislature without
change, it shall not go to a referendum vote unless in
pursuance of a demand made in accordance with the preceding
section. The Legislature may order a special election on any
measure that is subject to a vote of the people.
3. Timing of elections; proclamation by Governor. The Governor
shall, by proclamation, order any measure proposed to the
Legislature as herein provided, and not enacted by the
Legislature without change, referred to the people at an
election to be held in November of the year in which the
petition is filed. If the Governor fails to order a measure
proposed to the Legislature and not enacted without change to
be submitted to the people at such an election by proclamation
within 10 days after the recess of the Legislature to which
the measure was proposed, the Secretary of State shall, by
proclamation, order such measure to be submitted to the people
at an election as requested, and such order shall be sufficient
to enable the people to vote.
Section 19. Effective date of measures approved by people;
veto power limited. Any measure referred to the people and
approved by a majority of the votes given thereon shall,
unless a later date is specified in said measure, take effect
and become a law in 30 days after the Governor has made public
proclamation of the result of the vote on said measure, which
the Governor shall do within 10 days after the vote thereon has
been canvassed and determined; provided, however, that any such
measure which entails expenditure in an amount in excess of
available and unappropriated state funds shall remain
inoperative until 45 days after the next convening of the
Legislature in regular session, unless the measure provides for
raising new revenues adequate for its operation. The veto
power of the Governor shall not extend to any measure approved
by vote of the people, and any measure initiated by the people
and passed by the Legislature without change, if vetoed by the
Governor and if the veto is sustained by the Legislature shall
be referred to the people to be voted on at the next general
election. The Legislature may enact measures expressly
conditioned upon the people's ratification by a referendum
vote.
Section 20. Meaning of words "electors," "people," "recess of
Legislature," "statewide election," "measure," "circulator,"
and "written petition;" written petitions for people's veto;
written petitions for direct initiative. As used in any of
the 3 preceding sections or in this section the words
"electors" and "people" mean the electors of the State
qualified to vote for Governor; "recess of the Legislature"
means the adjournment without day of a session of the
Legislature; "statewide election" means any election held
throughout the State on a particular day; "measure" means an
Act, bill, resolve or resolution proposed by the people, or 2
or more such, or part or parts of such, as the case may be;
"circulator" means a person who solicits signatures for written
petitions, and who must be a resident of this State and whose
name must appear on the voting list of the city, town or
plantation of the circulator's residence as qualified to vote
for Governor; "written petition" means one or more petitions
written or printed, or partly written and partly printed, with
the original signatures of the petitioners attached, verified
as to the authenticity of the signatures by the oath of the
circulator that all of the signatures to the petition were made
in the presence of the circulator and that to the best of the
circulator's knowledge and belief each signature is the
signature of the person whose name it purports to be, and
accompanied by the certificate of the official authorized by
law to maintain the voting list of the
city, town or plantation in which the petitioners reside that
their names appear on the voting list of the city, town or
plantation of the official as qualified to vote for Governor.
The oath of the circulator must be sworn to in the presence of
a person authorized by law to administer oaths. Written
petitions for a people's veto pursuant to Article IV, Part
Third, Section 17 must be submitted to the appropriate
officials of cities, towns or plantations for determination of
whether the petitioners are qualified voters by the hour of
5:00 p.m., on the 5th day before the petition must be filed in
the office of the Secretary of State, or, if such 5th day is a
Saturday, a Sunday or a legal holiday, by 5:00 p.m., on the
next day which is not a Saturday, a Sunday or a legal holiday.
Written petitions for a direct initiative pursuant to Article
IV, Part Third, Section 18 must be submitted to the appropriate
officials of cities, towns or plantations for determination of
whether the petitioners are qualified voters by the hour of
5:00 p.m., on the 3rd day before the petition must be filed in
the office of the Secretary of State, or, if such 3rd day is a
legal holiday, by 5:00 p.m., on the next day which is not a
legal holiday. Such officials must complete the certification
of such petitions and must return them to the circulators or
their agents within 2 days, Saturdays, Sundays and legal
holidays excepted, of the date on which such petitions were
submitted to them. The petition shall set forth the full text
of the measure requested or proposed. Petition forms shall be
furnished or approved by the Secretary of State upon written
application signed in the office of the Secretary of State by a
resident of this State whose name must appear on the voting
list of the city, town or plantation of that resident as
qualified to vote for Governor. The full text of a measure
submitted to a vote of the people under the provisions of the
Constitution need not be printed on the official ballots, but,
until otherwise provided by the Legislature, the Secretary of
State shall prepare the ballots in such form as to present the
question or questions concisely and intelligibly.
Section 21. City council of any city may establish direct
initiative and people's veto. The city council of any city
may establish the direct initiative and people's veto for the
electors of such city in regard to its municipal affairs,
provided that the ordinance establishing and providing the
method of exercising such direct initiative and people's veto
shall not take effect until ratified by vote of a majority of
the electors of said city, voting thereon at a municipal
election. Provided, however, that the Legislature may at any
time provide a uniform method for the exercise of the
initiative and referendum in municipal affairs.
Section 22. Election officers and officials, how governed.
Until the Legislature shall enact further laws not
inconsistent with the Constitution for applying the people's
veto and direct initiative, the election officers and other
officials shall be governed by the provisions of this
Constitution and of the general law, supplemented by such
reasonable action as may be necessary to render the preceding
sections self-executing. The Legislature may enact laws not
inconsistent with the Constitution to establish procedures for
determination of the validity of written petitions. Such laws
shall include provision for judicial review of any
determination, to be completed within 100 days from the date
of filing of a written petition in the office of the Secretary
of State.
Section 23. Municipalities reimbursed annually. The
Legislature shall annually reimburse each municipality from
state tax sources for not less than 50% of the property tax
revenue loss suffered by that municipality during the previous
calendar year because of the statutory property tax exemptions
or credits enacted after April 1, 1978. The Legislature shall
enact appropriate legislation to carry out the intent of this
section.
This section shall allow, but not require, reimbursement for
statutory property tax exemptions or credits for unextracted
minerals.
