LEGISLATIVE GENERAL COUNSEL H.J.R. 15
6 Approved for Filing: R.H. Rees 6
6 01-15-24 3:57 PM 6
1 PROPOSAL TO AMEND UTAH CONSTITUTION -
2 LEGISLATIVE POWER RELATING TO REVIVAL OF
3 EXPIRED CIVIL ACTION
4 2024 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Ken Ivory
7 Senate Sponsor: ____________
8
9 LONG TITLE
10 General Description:
11 This joint resolution of the Legislature proposes to amend the Utah Constitution to
12 modify a provision relating to the legislative power of the state.
13 Highlighted Provisions:
14 This resolution proposes to amend the Utah Constitution to:
15 < provide that the legislative power of the Legislature includes the power, upon a
16 two-thirds vote, to provide for the revival of a civil cause of action after the cause of
17 action has expired due to an applicable statute of limitations.
18 Special Clauses:
19 This resolution directs the lieutenant governor to submit this proposal to voters.
20 This resolution provides a contingent effective date of January 1, 2025 for this proposal.
21 Utah Constitution Sections Affected:
22 AMENDS:
23 ARTICLE VI, SECTION 1
24
H.J.R. 15
25 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
26 of the two houses voting in favor thereof:
27 Section 1. It is proposed to amend Utah Constitution, Article VI, Section 1, to read:
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28 Article VI, Section 1. [Power vested in Senate, House, and People.]
29 (1) (a) The Legislative power of the State shall be vested in:
30 [(a)] (i) a Senate and House of Representatives which shall be designated the
31 Legislature of the State of Utah; and
32 [(b)] (ii) the people of the State of Utah as provided in Subsection (2).
33 (b) The Legislative power of the Legislature includes the power to provide, upon a
34 two-thirds vote of the members elected to each house of the Legislature, for the revival of a
35 civil cause of action after the cause of action has expired due to an applicable statute of
36 limitations.
37 (2) (a) (i) The legal voters of the State of Utah, in the numbers, under the conditions, in
38 the manner, and within the time provided by statute, may:
39 (A) initiate any desired legislation and cause it to be submitted to the people for
40 adoption upon a majority vote of those voting on the legislation, as provided by statute; or
41 (B) require any law passed by the Legislature, except those laws passed by a two-thirds
42 vote of the members elected to each house of the Legislature, to be submitted to the voters of
43 the State, as provided by statute, before the law may take effect.
44 (ii) Notwithstanding Subsection (2)(a)(i)(A), legislation initiated to allow, limit, or
45 prohibit the taking of wildlife or the season for or method of taking wildlife shall be adopted
46 upon approval of two-thirds of those voting.
47 (b) The legal voters of any county, city, or town, in the numbers, under the conditions,
48 in the manner, and within the time provided by statute, may:
49 (i) initiate any desired legislation and cause it to be submitted to the people of the
50 county, city, or town for adoption upon a majority vote of those voting on the legislation, as
51 provided by statute; or
52 (ii) require any law or ordinance passed by the law making body of the county, city, or
53 town to be submitted to the voters thereof, as provided by statute, before the law or ordinance
54 may take effect.
55 Section 2. Submittal to voters.
56 The lieutenant governor is directed to submit this proposed amendment to the voters of
57 the state at the next regular general election in the manner provided by law.
58 Section 3. Contingent effective date.
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59 If the amendment proposed by this joint resolution is approved by a majority of those
60 voting on it at the next regular general election, the amendment shall take effect on January 1,
61 2025.
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