HOUSE BILL REPORT

SHJR 4231

BYHouse Committee on Constitution, Elections & Ethics (originally sponsored by Representatives Fisher and Pruitt;by request of Secretary of State)

Revising constitutional references to persons with mental or sensory disabilities.

House Committe on Constitution, Elections & Ethics

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (7)

      Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Amondson, Barnes, R. King, Leonard and Sanders.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE FEBRUARY 15, 1988

BACKGROUND:

Provisions of the state's Constitution contain language which, by today's standards, is denigrative to persons with sensory or mental disabilities.

SUMMARY:

A provision of the state's Constitution which excludes "idiots" and "insane" persons from elective franchise is replaced with a provision excluding persons while they are judicially declared to be mentally incompetent.  Another provision is changed to refer to state institutions for the benefit of persons with sensory or mental disabilities.

EFFECT OF SENATE AMENDMENT(S)The amendment clarifies that the institutions referred to in the resolution for persons who have certain sensory disabilities are those for youth (as under the current provisions of the Constitution) with certain disabilities.  The amendment also replaces a reference to persons with mental disabilities, with a reference to persons who are mentally ill or developmentally disabled.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Ralph Munro, Secretary of State.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Offensive language should be removed from the state's Constitution before the state begins its centennial celebration.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 96; Excused 2

Excused:    Representatives Allen, Smith C