No bill shall be passed except by a vote of a majority of the members present in each house, nor unless on its final passage a vote be taken by yeas and nays, and entered on the journal.

ANNOTATIONS

Comparable provisions. — Idaho Const., art. III, § 15.

Iowa Const., art. III, § 17.

Montana Const., art. V, § 11.

Utah Const., art. VI, § 22.

Wyoming Const., art. III, § 25.

"Members present". — The phrase "members present," as used in the state constitution, means physical presence. 1971 Op. Att'y Gen. No. 71-12.

Provision mandatory. — Constitutional provisions as to the number of votes required on final passage are mandatory and the validity of legislative enactments is dependent on compliance therewith. 1971 Op. Att'y Gen. No. 71-12.

Use of paired or proxy votes potentially unconstitutional. — The senate and house rules on paired or proxy voting do not automatically violate the constitution, but in the passage of a particular bill, use of such voting procedures could produce an unconstitutional statute, as when the paired or proxy vote was the one needed to pass a bill by a majority vote, which would not be known until after the fact. 1971 Op. Att'y Gen. No. 71-12.

Committee of one house not to function after adjournment. — Since the legislative power is vested in both the senate and house of representatives, that power can only be exercised by the concurrence of both houses; to allow a committee established by one house to function after adjournment of the body which created it would be allowing one house of the legislature to pass a resolution having the effect of law. 1959 Op. Att'y Gen. No. 59-65.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 Am. Jur. 2d Statutes §§ 50, 60 to 62, 65.

82 C.J.S. Statutes §§ 18, 42, 43, 45.