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H.J.R. 17
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7 LONG TITLE
8 General Description:
9 This joint resolution of the Legislature proposes to amend the Utah Constitution to
10 modify provisions relating to the judicial power of the state.
11 Highlighted Provisions:
12 This resolution proposes to amend the Utah Constitution to:
13 . provide that the judicial power of the state does not include the power to:
14 . require an appropriation of state funds, with limited exceptions;
15 . require the expenditure of funds by a political subdivision; or
16 . require the imposition or increase of a state or local tax.
17 Special Clauses:
18 This resolution directs the lieutenant governor to submit this proposal to voters.
19 This resolution provides a contingent effective date of January 1, 2007 for this proposal.
20 Utah Constitution Sections Affected:
21 AMENDS:
22 ARTICLE VIII, SECTION 1
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24 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
25 of the two houses voting in favor thereof:
26 Section 1. It is proposed to amend Utah Constitution Article VIII, Section 1, to read:
27 Article VIII, Section 1. [Judicial powers -- Courts.]
28 (1) (a) The judicial power of the State shall be vested in a Supreme Court, in a trial
29 court of general jurisdiction known as the district court, and in such other courts as the
30 Legislature by statute may establish.
31 (b) The judicial power of the State does not include the power to:
32 (i) require the appropriation of state funds, except to the extent that the appropriation is
33 required by Article VIII, Section 14 or Article XIII, Section 5, Subsection (5) or (6);
34 (ii) require the expenditure of funds by a political subdivision of the State; or
35 (iii) require the imposition or increase of a state or local tax.
36 (2) The Supreme Court, the district court, and such other courts designated by statute
37 shall be courts of record. Courts not of record shall also be established by statute.
38 Section 2. Submittal to voters.
39 The lieutenant governor is directed to submit this proposed amendment to the voters of
40 the state at the next regular general election in the manner provided by law.
41 Section 3. Effective date.
42 If the amendment proposed by this joint resolution is approved by a majority of those
43 voting on it at the next regular general election, the amendment shall take effect on January 1,
44 2007.
Legislative Review Note
as of 1-10-06 1:45 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.