S.J.R. 8

1

RESOLUTION AMENDING LOCAL
2 GOVERNMENT PROVISIONS
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Howard C. Nielson
6 A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH
7 CONSTITUTION; MODIFYING THE LEGISLATIVE POWER PROVISION; PROVIDING
8 FOR POWERS OF CITIES AND TOWNS; PROVIDING LEGISLATIVE INTENT; DIRECTING
9 THE LIEUTENANT GOVERNOR TO REPLACE PROVISIONS FROM PREVIOUS JOINT
10 RESOLUTION WITH THE PROVISIONS OF THIS JOINT RESOLUTION AND TO SUBMIT
11 THE PREVIOUS JOINT RESOLUTION, AS MODIFIED, TO VOTERS; MAKING
12 TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
13 This resolution proposes to change the Utah Constitution as follows:
14 AMENDS:
15 ARTICLE VI, SECTION 1
16 ENACTS:
17 ARTICLE XI, SECTION 7
18 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of
19 the two houses voting in favor thereof:
20 Section 1. It is proposed to amend Utah Constitution Article VI, Section 1 , to read:
21 Article VI, Section 1. [Power vested in Senate, House, and People.]
22 (1) The Legislative power of the State shall be vested in:
23 [1. In] (a) a Senate and House of Representatives which shall be designated the
24 Legislature of the State of Utah[.]; and
25 [2. In] (b) the people of the State of Utah, as [hereinafter stated:] provided in Subsection
26 (2).
27 (2) (a) (i) The legal voters [or such fractional part thereof,] of the State of Utah [as may

28 be provided by law], in the numbers, under [such] the conditions [and], in [such] the manner, and
29 within [such] the time [as may be] provided by [law] statute, may:
30 (A) initiate any desired legislation and cause [the same] it to be submitted to [a vote of]
31 the people for [approval or rejection,] adoption upon a majority vote of those voting on the
32 legislation, as provided by statute; or [may]
33 (B) require any law passed by the Legislature, [(]except those laws passed by a two-thirds
34 vote of the members elected to each house of the Legislature[)], to be submitted to the voters of
35 the State, as provided by statute, before [such] the law [shall] may take effect. [Legislation]
36 (ii) Notwithstanding Subsection (2)(a)(i)(A), legislation initiated to allow, limit, or prohibit
37 the taking of wildlife or the season for or method of taking wildlife shall be adopted upon approval
38 of two-thirds of those voting.
39 (b) The legal voters [or such fractional part thereof as may be provided by law,] of any
40 [legal subdivision] county, city, town, school district, or other political subdivision of the State,
41 under [such] the conditions [and], in [such] the manner, and within [such] the time [as may be]
42 provided by [law] statute, may:
43 (i) initiate any desired legislation and cause [the same] it to be submitted to [a vote of] the
44 people of [said legal subdivision] the county, city, town, school district, or other political
45 subdivision of the State for [approval or rejection,] adoption upon a majority vote of those voting
46 on the legislation, as provided by statute; or [may]
47 (ii) require any law or ordinance passed by the law making body of [said legal subdivision]
48 the county, city, town, school district, or other political subdivision of the State to be submitted
49 to the voters thereof, as provided by statute, before [such] the law or ordinance [shall] may take
50 effect.
51 Section 2. It is proposed to enact Utah Constitution Article XI, Section 7 , to read:
52 Article XI, Section 7. [Cities and towns -- Powers.]
53 Cities and towns may:
54 (1) as prescribed by statute, levy, assess, and collect taxes, borrow money, and levy and
55 collect special assessments for benefits conferred; and
56 (2) provide services, exercise powers, and perform functions that are reasonably related
57 to the safety, health, morals, and welfare of their inhabitants, except as the Legislature limits or
58 prohibits by statute.

59 Section 3. Replacing portions of previous resolution -- Submittal to voters.
60 (1) It is the intent of the Legislature that:
61 (a) the amendments in this joint resolution replace and supersede the amendments to the
62 same sections of the Utah Constitution in S.J.R. 5, Resolution Amending State and Local
63 Government Provisions, passed during the 1999 General Session;
64 (b) S.J.R. 5, Resolution Amending State and Local Government Provisions, passed during
65 the 1999 General Session, be submitted to voters with the amendments in this joint resolution
66 included in S.J.R. 5 as though they were included in it at the time it passed the Legislature; and
67 (c) because the amendments in this joint resolution replace and supersede amendments in
68 S.J.R. 5 and become a part of that resolution, the amendments proposed by this joint resolution
69 not be submitted separately to the voters of the state.
70 (2) The lieutenant governor is directed to include the amendments proposed by this joint
71 resolution as a part of S.J.R. 5, Resolution Amending State and Local Government Provisions,
72 passed during the 1999 General Session, in the place of the amendments to the same sections in
73 that resolution, and to submit S.J.R. 5, as modified, to the voters of the state at the next regular
74 general election in the manner provided by law.
75 Section 4. Effective date.
76 In accordance with Section 3 of this act, the amendments proposed by this joint resolution
77 shall have the same effective date as S.J.R. 5, Resolution Amending State and Local Government
78 Provisions, passed during the 1999 General Session, if S.J.R. 5 is approved by a majority of those
79 voting on it at the next regular general election.




Legislative Review Note
as of 1-27-00 12:06 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel