S.J.R. 5 Enrolled

RESOLUTION AMENDING STATE AND LOCAL
GOVERNMENT PROVISIONS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Howard C. Nielson
A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH
CONSTITUTION; AMENDING AND ENACTING PROVISIONS RELATING TO LOCAL
GOVERNMENT; REPEALING DUPLICATIVE LANGUAGE PROHIBITING A PROPERTY
QUALIFICATION TO VOTE OR HOLD OFFICE; MODIFYING GENERAL AND SPECIAL
ELECTION PROVISIONS; EXPANDING THE PROHIBITION AGAINST LENDING PUBLIC
CREDIT TO A PRIVATE INDIVIDUAL OR CORPORATION; PROVIDING FOR POWERS
OF COUNTIES, CITIES, TOWNS, AND OTHER POLITICAL SUBDIVISIONS OF THE
STATE; MODIFYING PROVISIONS FOR MOVING A COUNTY SEAT; MODIFYING
SPECIAL SERVICE DISTRICT PROVISIONS; EXPANDING PROHIBITION AGAINST
IMPOSING TAXES FOR LOCAL PURPOSES; MODIFYING DEBT PROVISIONS;
MODIFYING HIGHWAY PURPOSES FOR WHICH REVENUE FROM HIGHWAY USER
AND MOTOR FUEL TAXES ARE TO BE USED; MAKING TECHNICAL CORRECTIONS;
AND PROVIDING AN EFFECTIVE DATE.
This resolution proposes to change the Utah Constitution as follows:
AMENDS:
ARTICLE I, SECTION 4
ARTICLE IV, SECTION 9
ARTICLE VI, SECTION 1
ARTICLE VI, SECTION 29
ARTICLE XI, SECTION 1
ARTICLE XI, SECTION 2
ARTICLE XI, SECTION 4
ARTICLE XI, SECTION 5
ARTICLE XIII, SECTION 5

ARTICLE XIII, SECTION 13
ARTICLE XIV, SECTION 3
ENACTS:
ARTICLE XI, SECTION 7
ARTICLE XI, SECTION 8
ARTICLE XI, SECTION 9
ARTICLE XI, SECTION 10
REPEALS:
ARTICLE XII, SECTION 8
ARTICLE XIV, SECTION 8
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 I, Section 4 , to read:
Article I, Section 4. [Religious liberty.]
The rights of conscience shall never be infringed. The State shall make no law respecting an
establishment of religion or prohibiting the free exercise thereof; no religious test shall be required
as a qualification for any office of public trust or for any vote at any election; nor shall any person be
incompetent as a witness or juror on account of religious belief or the absence thereof. There shall
be no union of Church and State, nor shall any church dominate the State or interfere with its
functions. No public money or property shall be appropriated for or applied to any religious worship,
exercise or instruction, or for the support of any ecclesiastical establishment. [No property
qualification shall be required of any person to vote, or hold office, except as provided in this
Constitution.]
Section 2. It is proposed to amend Utah Constitution Article IV, Section 9 , to read:
Article IV, Section 9. [General and special elections -- Terms -- Election of local
officers.]
(1) [All] Each general [elections, except for municipal and school officers,] election shall be
held on the Tuesday next following the first Monday in November of [the] each even-numbered year

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[in which the election is held].
(2) Special elections may be held as provided by [law] statute.
(3) The [terms] term of [all officers] each officer, except legislator, elected at [any] a general
election[, except legislators,] shall commence on the first Monday in January next following the date
of [their] the election.
(4) [Municipal and School] The election of officers of each city, town, school district, and
other political subdivision of the State shall be [elected] held at [such] the time [as may be] and in the
manner provided by [law] statute.
Section 3. It is proposed to amend Utah Constitution Article VI, Section 1 , to read:
Article VI, Section 1. [Power vested in Senate, House, and People.]
(1) The Legislative power of the State shall be vested in:
[1. In] (a) a Senate and House of Representatives which shall be designated the Legislature
of the State of Utah[.]; and
[2. In] (b) the people of the State of Utah[, as hereinafter stated:] as provided in Subsection
(2).
(2) (a) (i) The legal voters [or such fractional part thereof,] of the State of Utah [as may be
provided by law], in the numbers, under [such] the conditions [and], in [such] the manner, and within
[such] the time [as may be] provided by [law] statute, may:
(A) initiate any desired legislation and cause [the same] it to be submitted to [a vote of] the
people for [approval or rejection,] adoption upon a majority vote of those voting on the legislation,
as provided by statute; or [may]
(B) require any law passed by the Legislature, [(]except those laws passed by a two-thirds
vote of the members elected to each house of the Legislature[)], to be submitted to the voters of the
State, as provided by statute, before [such] the law [shall] may take effect. [Legislation]
(ii) Notwithstanding Subsection (2)(a)(i)(A), legislation initiated to allow, limit, or prohibit
the taking of wildlife or the season for or method of taking wildlife shall be adopted upon approval
of two-thirds of those voting.
(b) The legal voters [or such fractional part thereof as may be provided by law,] of any [legal

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subdivision of the State] county, city, or town, in the numbers, under [such] the conditions [and], in
[such] the manner, and within [such] the time [as may be] provided by [law] statute, may:
(i) initiate any desired legislation and cause [the same] it to be submitted to [a vote of] the
people of [said legal subdivision] the county, city, or town for [approval or rejection,] adoption upon
a majority vote of those voting on the legislation, as provided by statute; or [may]
(ii) require any law or ordinance passed by the law making body of [said legal subdivision]
the county, city, or town to be submitted to the voters thereof, as provided by statute, before [such]
the law or ordinance [shall] may take effect.
Section 4. It is proposed to amend Utah Constitution Article VI, Section 29 , to read:
Article VI, Section 29. [Lending public credit forbidden -- Exception.]
The Legislature [shall] may not authorize the State, or any county, city, town, [township,]
school district, or other political subdivision of the State to lend its credit or subscribe to stock or
bonds in aid of any railroad, telegraph or other private individual or corporate enterprise or
undertaking, except as provided in Article X, Section 5.
Section 5. It is proposed to amend Utah Constitution Article XI, Section 1 , to read:
ARTICLE XI. LOCAL GOVERNMENTS
Article XI, Section 1. [Counties recognized as legal subdivisions -- Powers of counties.]
(1) The [several] counties of the [Territory] State of Utah[, existing at the time of the
adoption of this Constitution,] are [hereby] recognized as legal subdivisions of this State[, and the
precincts, and school districts,]. The counties now existing [in said counties, as legal subdivisions
thereof, and they] shall [so] continue until changed as provided by [law in pursuance of this article]
statute.
(2) Counties may:
(a) as prescribed by statute, levy, assess, and collect taxes, borrow money, and levy and
collect special assessments for benefits conferred; and
(b) provide services, exercise powers, and perform functions that are reasonably related to
the safety, health, morals, and welfare of their inhabitants, except as the Legislature limits or prohibits
by statute.

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Section 6. It is proposed to amend Utah Constitution Article XI, Section 2 , to read:
Article XI, Section 2. [Moving a county seat.]
[No County Seat shall be removed unless two-thirds of the qualified electors of the county,
voting on the proposition at a general election, shall vote in favor of such removal, and two-thirds
of the votes cast on the proposition shall be required to re-locate a county seat.] A county seat may
be moved only when at a countywide general election two-thirds of those voting on the proposition
vote in favor of moving the county seat. A proposition [of removal shall] to move the county seat
may not be submitted in the same county more than once in four years.
Section 7. It is proposed to amend Utah Constitution Article XI, Section 4 , to read:
Article XI, Section 4. [Optional forms of county government.]
The Legislature shall by [general law prescribe] statute provide for optional forms of county
government [and shall allow each county to select, subject to referendum in the manner provided by
law, the prescribed]. The selection of an optional form [which best serves its needs, and by general
laws shall provide for precinct and township organizations] shall be subject to voter approval as
provided by statute.
Section 8. It is proposed to amend Utah Constitution Article XI, Section 5 , to read:
Article XI, Section 5. [Cities and towns not to be created by special laws -- Legislature
to provide for the incorporation, organization, dissolution, and classification of cities and
towns -- Charter cities.]
[Corporations for municipal purposes shall]
The Legislature may not [be created] create cities or towns by special laws.
The Legislature by [general laws] statute shall provide for the incorporation, organization [and
classification], and dissolution of cities and towns and for their classification in proportion to
population[, which laws may be altered, amended or repealed]. Any incorporated city or town may
frame and adopt a charter for its own government in the following manner:
The legislative authority of the city may, by two-thirds vote of its members, and upon petition
of qualified electors to the number of fifteen per cent of all votes cast at the next preceding election
for the office of the mayor, shall forthwith provide by ordinance for the submission to the electors of

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the question: "Shall a commission be chosen to frame a charter?" The ordinance shall require that the
question be submitted to the electors at the next regular municipal election. The ballot containing
such question shall also contain the names of candidates for members of the proposed commission,
but without party designation. Such candidates shall be nominated in the same manner as required
by law for nomination of city officers. If a majority of the electors voting on the question of choosing
a commission shall vote in the affirmative, then the fifteen candidates receiving a majority of the votes
cast at such election, shall constitute the charter commission, and shall proceed to frame a charter.
Any charter so framed shall be submitted to the qualified electors of the city at an election to
be held at a time to be determined by the charter commission, which shall be not less than sixty days
subsequent to its completion and distribution among the electors and not more than one year from
such date. Alternative provisions may also be submitted to be voted upon separately. The commission
shall make provisions for the distribution of copies of the proposed charter and of any alternative
provisions to the qualified electors of the city, not less than sixty days before the election at which
it is voted upon. Such proposed charter and such alternative provisions as are approved by a majority
of the electors voting thereon, shall become an organic law of such city at such time as may be fixed
therein, and shall supersede any existing charter and all laws affecting the organization and
government of such city which are now in conflict therewith. Within thirty days after its approval a
copy of such charter as adopted, certified by the mayor and city recorder and authenticated by the
seal of such city, shall be made in duplicate and deposited, one in the office of the secretary of State
and the other in the office of the city recorder, and thereafter all courts shall take judicial notice of
such charter.
Amendments to any such charter may be framed and submitted by a charter commission in
the same manner as provided for making of charters, or may be proposed by the legislative authority
of the city upon a two-thirds vote thereof, or by petition of qualified electors to a number equal to
fifteen per cent of the total votes cast for mayor on the next preceding election, and any such
amendment may be submitted at the next regular municipal election, and having been approved by
the majority of the electors voting thereon, shall become part of the charter at the time fixed in such
amendment and shall be certified and filed as provided in case of charters.

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Each city forming its charter under this section shall have, and is hereby granted, the authority
to exercise all powers relating to municipal affairs, and to adopt and enforce within its limits, local
police, sanitary and similar regulations not in conflict with the general law, and no enumeration of
powers in this constitution or any law shall be deemed to limit or restrict the general grant of
authority hereby conferred; but this grant of authority shall not include the power to regulate public
utilities, not municipally owned, if any such regulation of public utilities is provided for by general
law, nor be deemed to limit or restrict the power of the Legislature in matters relating to State affairs,
to enact general laws applicable alike to all cities of the State.
The power to be conferred upon the cities by this section shall include the following:
(a) To levy, assess and collect taxes and borrow money, within the limits prescribed by
general law, and to levy and collect special assessments for benefits conferred.
(b) To furnish all local public services, to purchase, hire, construct, own, maintain and
operate, or lease, public utilities local in extent and use; to acquire by condemnation, or otherwise,
within or without the corporate limits, property necessary for any such purposes, subject to
restrictions imposed by general law for the protection of other communities; and to grant local public
utility franchises and within its powers regulate the exercise thereof.
(c) To make local public improvements and to acquire by condemnation, or otherwise,
property within its corporate limits necessary for such improvements; and also to acquire an excess
over than [that] needed for any such improvement and to sell or lease such excess property with
restrictions, in order to protect and preserve the improvement.
(d) To issue and sell bonds on the security of any such excess property, or of any public
utility owned by the city, or of the revenues thereof, or both, including, in the case of public utility,
a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate such
utility.
Section 9. It is proposed to enact Utah Constitution Article XI, Section 7 , to read:
Article XI, Section 7. [Cities and towns -- Powers.]
Cities and towns may:
(1) as prescribed by statute, levy, assess, and collect taxes, borrow money, and levy and

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collect special assessments for benefits conferred; and
(2) exercise other powers and perform other functions that are reasonably related to the
safety, health, morals, and welfare of their inhabitants, except as the Legislature limits or prohibits
by statute.
Section 10. It is proposed to enact Utah Constitution Article XI, Section 8 , to read:
Article XI, Section 8. [Special service districts.]
(1) The Legislature may by statute authorize:
(a) a county, city, or town to establish a special service district within all or any part of the
county, city, or town, to be governed by the governing authority of the county, city, or town, and to
provide services as provided by statute;
(b) a county, city, or town to levy taxes upon the taxable property in the special service
district for the purpose of acquiring, constructing, equipping, operating, and maintaining facilities
required for any or all of the services the special service district is authorized to provide; and
(c) a special service district to issue bonds of the special service district for the purpose of
acquiring, constructing, and equipping any of the facilities required for any or all of the services the
special service district is authorized to provide, without regard to the limitations of Article XIV,
Sections 3 and 4, but subject to such limitation on the aggregate amount of the bonds outstanding
at any one time as may be provided by statute.
(2) The authority to levy taxes upon the taxable property in a special service district and to
issue bonds payable from taxes levied on the taxable property in the special service district shall be
conditioned upon the assent of a majority of the qualified electors of the special service district voting
in an election for this purpose to be held as provided by statute.
(3) A special service district created by a county may contain all or part of one or more cities
or towns, but only with the consent of the governing authority of each city or town to be included
in the special service district.
Section 11. It is proposed to enact Utah Constitution Article XI, Section 9 , to read:
Article XI, Section 9. [Political subdivisions of the State or other governmental entities
in addition to counties, cities, towns, school districts, and special service districts.]

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The Legislature may by statute provide for the establishment of political subdivisions of the
State, or other governmental entities, in addition to counties, cities, towns, school districts, and
special service districts, to provide services and facilities as provided by statute. Those other political
subdivisions of the State or other governmental entities may exercise those powers and perform those
functions that are provided by statute.
Section 12. It is proposed to enact Utah Constitution Article XI, Section 10 , to read:
Article XI, Section 10. [Consent of local authorities necessary for use of streets.]
The Legislature may not grant the right to construct and operate a street railroad, telegraph,
telephone, or electric light plant within a city or town without the consent of the local authorities who
have control of the street or highway proposed to be occupied for such purposes.
Section 13. It is proposed to repeal Utah Constitution Article XII, Section 8 :
Article XII, Section 8. [Consent of local authorities necessary for use of streets.]
[No law shall be passed granting the right to construct and operate a street railroad, telegraph,
telephone or electric light plant within any city or incorporated town, without the consent of the local
authorities who have control of the street or highway proposed to be occupied for such purposes.]
Section 14. It is proposed to amend Utah Constitution Article XIII, Section 5 , to read:
Article XIII, Section 5. [Counties, cities, towns, school districts, or other political
subdivisions to levy local taxes -- Sharing tax and revenues by political subdivisions -- Debt
guaranty.]
(1) The Legislature [shall] may not impose taxes for the purpose of any county, city, town,
school district, or other [municipal corporation] political subdivision of the State, but may, by [law]
statute, vest in the [corporate authorities] governing bodies thereof, respectively, the power to assess
and collect taxes for all purposes of such [corporation] political subdivision.
(2) Notwithstanding anything to the contrary contained in this Constitution, political
subdivisions may share their tax and other revenues with other political subdivisions as provided by
statute and the State may guarantee the debt of school districts and may guarantee debt incurred to
refund the school district debt as provided in Article X, Section 5.
Section 15. It is proposed to amend Utah Constitution Article XIII, Section 13 , to read:
Article XIII, Section 13. [Revenue from highway user and motor fuel taxes to be used
for highway purposes.]
The proceeds from the imposition of any license tax, registration fee, driver education tax, or
other charge related to the operation of any motor vehicle upon any public highway in this State, and
the proceeds from the imposition of any excise tax on gasoline or other liquid motor fuels used for
propelling such vehicle, except for statutory refunds and adjustments allowed thereunder and for costs
of collection and administration, shall be used exclusively for highway purposes as follows:
(1) the construction, improvement, repair and maintenance of city streets, county roads, and
State highways, including but not restricted to payment for property taken for or damaged by rights

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of way, and for administrative costs necessarily incurred for said purposes[.];
(2) the administration of a driver education program[.];
(3) the enforcement of State motor vehicle and traffic laws[.]; and
(4) [Tourists and publicity expense in any single biennium not in excess of the lesser of the
following: (a) .5 per cent of the total biennial revenues from motor fuel taxes, or (b) an amount equal
to the 1959-1961 biennium.] the payment of the principal of and interest on any obligation of the
State or any city or county, issued for any of the highway purposes set forth in Subsection (1), and
to which any of the proceeds described in this section have been pledged, including any of such
proceeds paid to the State or any city or county, as provided by statute.
Section 16. It is proposed to amend Utah Constitution Article XIV, Section 3 , to read:
Article XIV, Section 3. [Certain debt of counties, cities, towns, school districts, and
other political subdivisions not to exceed revenue -- Exception.]
No debt issued by a county, city, town, school district, or other political subdivision of the
State and directly payable from and secured by ad valorem property taxes levied by the issuer of the
debt may be created in excess of the taxes for the current year [shall be created by any county or
subdivision thereof, or by any school district therein, or by any city, town or village, or any
subdivision thereof in this State;] unless the proposition to create [such] the debt[, shall have] has
been submitted to a vote of [such] qualified [electors as shall have paid a property tax therein, in the
year preceding such election] voters at the time and in the manner provided by statute, and a majority

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of those voting thereon [shall have] has voted in favor of incurring [such] the debt.
Section 17. It is proposed to repeal Utah Constitution Article XIV, Section 8 :
Article XIV, Section 8. [Special service districts.]
[(1) The Legislature by general statute may authorize:]
[(a) any county, city, or town to establish special districts within all or any part of the county,
city, or town to be governed by the governing authority of the county, city, or town, and each special
district may provide water, sewerage, drainage, flood control, garbage, transportation, recreation,
health care, and fire protection services or any combination of these services in accordance with that
statute;]
[(b) any county, city, or town to levy taxes upon the taxable property in such special district
for the purpose of acquiring, constructing, equipping, operating, and maintaining facilities required
for any or all of such services; and]
[(c) any special district to issue bonds of the special district for the purpose of acquiring,
constructing, and equipping any of these facilities without regard to the limitations of Sections 3 and
4 of this Article XIV but subject to such limitation on the aggregate amount of these bonds which
may be outstanding at any one time as may be provided by statute.]
[(2) The authority to levy taxes upon the taxable property in these districts and to issue bonds
of these districts payable from taxes levied on the taxable property in them shall be conditioned upon
the assent of a majority of the qualified electors of the district voting in an election for this purpose
to be held as provided by statute.]
[(3) Any such district created by a county may contain all or part of any incorporated
municipality or municipalities but only with the consent of the governing authorities thereof.]
Section 18. Submittal to electors.
The lieutenant governor is directed to submit this proposed amendment to the electors of the
state of Utah at the next general election in the manner provided by law.
Section 19. Effective date.
If approved by a majority of the electors of the state voting at the next general election, the
amendment proposed by this joint resolution shall take effect on January 1, 2001.

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