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S.J.R. 8
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RESOLUTION AMENDING LOCAL
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GOVERNMENT PROVISIONS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Howard C. Nielson
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A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH
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CONSTITUTION; MODIFYING THE LEGISLATIVE POWER PROVISION; PROVIDING
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FOR POWERS OF CITIES AND TOWNS; PROVIDING LEGISLATIVE INTENT; DIRECTING
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THE LIEUTENANT GOVERNOR TO REPLACE PROVISIONS FROM PREVIOUS JOINT
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RESOLUTION WITH THE PROVISIONS OF THIS JOINT RESOLUTION AND TO SUBMIT
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THE PREVIOUS JOINT RESOLUTION, AS MODIFIED, TO VOTERS; MAKING
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TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
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This resolution proposes to change the Utah Constitution as follows:
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AMENDS:
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ARTICLE VI, SECTION 1
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ENACTS:
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ARTICLE XI, SECTION 7
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Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of
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the two houses voting in favor thereof:
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Section 1.
It is proposed to amend Utah Constitution
Article VI, Section 1
, to read:
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Article VI, Section 1. [Power vested in Senate, House, and People.]
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(1) The Legislative power of the State shall be vested in:
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[1. In] (a) a Senate and House of Representatives which shall be designated the
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Legislature of the State of Utah[.]; and
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[2. In] (b) the people of the State of Utah, as [hereinafter stated:] provided in Subsection
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(2).
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(2) (a) (i) The legal voters [or such fractional part thereof,] of the State of Utah [as may
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be provided by law], in the numbers, under [such] the conditions [and], in [such] the manner, and
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within [such] the time [as may be] provided by [law] statute, may:
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(A) initiate any desired legislation and cause [the same] it to be submitted to [a vote of]
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the people for [approval or rejection,] adoption upon a majority vote of those voting on the
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legislation, as provided by statute; or [may]
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(B) require any law passed by the Legislature, [(]except those laws passed by a two-thirds
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vote of the members elected to each house of the Legislature[)], to be submitted to the voters of
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the State, as provided by statute, before [such] the law [shall] may take effect. [Legislation]
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(ii) Notwithstanding Subsection (2)(a)(i)(A), legislation initiated to allow, limit, or prohibit
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the taking of wildlife or the season for or method of taking wildlife shall be adopted upon approval
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of two-thirds of those voting.
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(b) The legal voters [or such fractional part thereof as may be provided by law,] of any
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[legal subdivision] county, city, town, school district, or other political subdivision of the State,
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under [such] the conditions [and], in [such] the manner, and within [such] the time [as may be]
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provided by [law] statute, may:
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(i) initiate any desired legislation and cause [the same] it to be submitted to [a vote of] the
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people of [said legal subdivision] the county, city, town, school district, or other political
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subdivision of the State for [approval or rejection,] adoption upon a majority vote of those voting
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on the legislation, as provided by statute; or [may]
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(ii) require any law or ordinance passed by the law making body of [said legal subdivision]
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the county, city, town, school district, or other political subdivision of the State to be submitted
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to the voters thereof, as provided by statute, before [such] the law or ordinance [shall] may take
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effect.
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Section 2.
It is proposed to enact Utah Constitution
Article XI, Section 7
, to read:
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Article XI, Section 7. [Cities and towns -- Powers.]
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Cities and towns may:
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(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
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(2) provide services, exercise powers, and perform functions that are reasonably related
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to the safety, health, morals, and welfare of their inhabitants, except as the Legislature limits or
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prohibits by statute.
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Section 3. Replacing portions of previous resolution -- Submittal to voters.
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(1) It is the intent of the Legislature that:
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(a) the amendments in this joint resolution replace and supersede the amendments to the
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same sections of the Utah Constitution in S.J.R. 5, Resolution Amending State and Local
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Government Provisions, passed during the 1999 General Session;
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(b) S.J.R. 5, Resolution Amending State and Local Government Provisions, passed during
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the 1999 General Session, be submitted to voters with the amendments in this joint resolution
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included in S.J.R. 5 as though they were included in it at the time it passed the Legislature; and
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(c) because the amendments in this joint resolution replace and supersede amendments in
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S.J.R. 5 and become a part of that resolution, the amendments proposed by this joint resolution
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not be submitted separately to the voters of the state.
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(2) The lieutenant governor is directed to include the amendments proposed by this joint
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resolution as a part of S.J.R. 5, Resolution Amending State and Local Government Provisions,
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passed during the 1999 General Session, in the place of the amendments to the same sections in
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that resolution, and to submit S.J.R. 5, as modified, to the voters of the state at the next regular
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general election in the manner provided by law.
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Section 4. Effective date.
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In accordance with Section 3 of this act, the amendments proposed by this joint resolution
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shall have the same effective date as S.J.R. 5, Resolution Amending State and Local Government
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Provisions, passed during the 1999 General Session, if S.J.R. 5 is approved by a majority of those
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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.