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Show (SJR 4) CONSTITUTIONAL AMENDMENT NUMBER Joint Resolution on Changes to County Boundaries IMPARTIAL ANALYSIS Shall the Utah Constitution ba amended to: authorize counties sharing a common boundary to make a minor adjustment, as defined by statute, to the common boundary; and (2) for any other move of part of one county to another (a) require a vote of the entire county from which the area Is proposed to be moved rather than Just the area proposed to be moved; and (b) clarify that the move must be approved by a majority of those who actually vote on the proposal, not a majority of all registered voters? (1) YES NO Senate: House: 23-0-- 63-0-1- 6 Constitutional Amendment Number 2 amends the Utah Constitution in two ways. First, it authonzes counties sharing a common boundary to make a minor adjustment, as defined by statute, to their common boundary Second, the amendment changes and clarifies the vote required to approve any other proposal to move part of one county to another. Minor adjustment of common boundary The Utah Constitution presently requires each proposal to move part of one county to another to be approved by voters Constitutional Amendment Number 2 provides an exception to that vote requirement in cases where counties sharing a common boundary make a minor adjustment, as defined by statute, to the common boundary. Under Constitutional Amendment Number 2, a minor adjustment to a common boundary could be accomplished by joint action of the county legislative body (county council or county commission) of each county shanng the common boundary. The boundary adjustment would not require voter approval. Change and clarification of vote required for a move of pari of one county to another, other than a minor adjustment of common boundary The Utah Constitution presently requires each proposal to move part of one county to another to be approved by voters living in the area proposed to be moved and in the county to which the area is proposed to be moved The vote required is a majority of voters living in those areas. Constitutional Amendment Number 2 continues to require a proposal to move part of one county to another, other than a minor adjustment of a common boundary, to be approved by voters living in the county to which the area is proposed to be moved. However, the Amendment changes the vote required in the county from which the area is proposed to be moved. The Amendment requires the move to be approved by voters living throughout the entire county, rather than just voters within the area proposed to be moved. The effect of this change is that voters throughout the entire county from which the area is proposed to be moved will be constitutionally required to have an opportunity to vote on the proposed move The present statutory provisions that apply to most proposals to move an area from one county to another are consistent with Constitutional Amendment Number 2. However, the Amendment will invalidate some statutory provisions that in limited cases require a move to be approved only by voters within the area proposed to be moved Constitutional Amendment Number 2 also clarifies that a move of part of one county to another, other than a minor adjustment of a common boundary, is required to be approved by a majority of those who vote on the proposal rather than a majority of all registered voters residing in the area, whether they voted or not. Legislation effective on passage of Constitutional Amendment Number 2 S B 80, Adjustments of County Boundanes, 2002 General Session, will become law on January 1 , 2003, If Constitutional Amendment Number 2 is approved by voters. S B. 60 authorizes counties sharing a common boundary to adjust the boundary up to 1 ,000 feet from its existing location. S B 80 also provides a procedure for the county legislative body (county council or county commission) o( each affected county to follow in making a boundary adjustment. Effective date Constitutional Amendment Number 2 takes effect January 1 , 2003. Fiscal Impact If a boundary adjustment occurs under the authority of Constitutional Amendment Number 2, any property and sales tax revenues that would have gone to the county from which the area was moved will, after the boundary adjustment, go to the county to which the area is moved |