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AG Opinions 2001

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Opinion Number 01-001

ISSUE: Would the courts consider that the constitutional publication requirements regarding submission of
Proposition 1 for voter consideration were sufficiently
met, even though there was not strict compliance with the constitutional and statutory noticing provisions and the amendment was not specifically mentioned in the ballot title? Short answer: yes.

Proposition 1 called for approval to amend Utah Const. art. XIV, § 3 to comply with the U.S. Constitution, not to require property ownership as a basis for right to vote on county or municipality tax issues.

Opinion Number 01-002

ISSUE: Is Department of Human Resource Management's rule 477-9-1(5) prohibiting state employees from carrying firearms "in any facility owned or operated by the state, or in any state vehicle, or at any time or any place while on state business" contrary to Utah law.?
ANSWER: In U.C.A. § 76-10-500 (1999), the legislature reserved the authority to provide uniform laws throughout the state and specifically the authority to regulate firearms. No state agency, or local authority may enact or enforce any ordinance, regulation, or rule pertaining to firearms that is not authorized by the legislature. Therefore, the rule in question, Human Resource Management's rule 477-9-1(5), is unenforceable as it was nullified by the legislature in U.C.A. § 76-10-500 (1999).