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H.J.R. 11 Enrolled
1
JOINT RULES RESOLUTION -
2
RECODIFICATION AND REVISIONS
3
2007 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Stephen H. Urquhart
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Senate Sponsor:
John W. Hickman
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8
LONG TITLE
9
General Description:
10
This bill recodifies and makes certain changes to the Legislature's Joint Rules.
11
Highlighted Provisions:
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This resolution:
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. recodifies and revises joint rules governing bills and resolutions, legislative
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expenses, and ethics.
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Special Clauses:
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None
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Legislative Rules Affected:
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ENACTS:
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JR4-1-101
20
JR4-1-201
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JR4-1-202
22
JR4-1-203
23
JR4-1-301
24
JR4-1-302
25
JR4-1-303
26
JR4-1-401
27
JR4-2-101
28
JR4-2-102
29
JR4-2-103
30
JR4-2-201
31
JR4-2-202
32
JR4-2-203
33
JR4-2-204
34
JR4-2-301
35
JR4-2-401
36
JR4-2-402
37
JR4-2-403
38
JR4-2-501
39
JR4-2-502
40
JR4-2-503
41
JR4-2-504
42
JR4-3-101
43
JR4-3-201
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JR4-4-101
45
JR4-4-102
46
JR4-4-103
47
JR4-4-104
48
JR4-4-105
49
JR4-4-106
50
JR4-4-107
51
JR4-4-108
52
JR4-4-109
53
JR4-4-201
54
JR4-4-202
55
JR4-4-203
56
JR4-5-101
57
JR4-5-201
58
JR4-5-202
59
JR4-5-203
60
JR4-5-301
61
JR4-6-101
62
JR4-6-102
63
JR4-6-103
64
JR4-6-201
65
JR4-6-202
66
JR5-1-101
67
JR5-1-102
68
JR5-2-101
69
JR5-2-102
70
JR5-3-101
71
JR5-3-102
72
JR5-3-103
73
JR5-4-101
74
JR6-1-101
75
JR6-1-102
76
JR6-1-201
77
JR6-1-202
78
JR6-2-101
79
JR6-2-102
80
JR6-2-201
81
JR6-2-202
82
JR6-3-101
83
JR6-4-101
84
JR6-4-102
85
JR6-4-201
86
JR6-4-202
87
JR6-4-203
88
JR6-4-204
89
JR6-4-205
90
JR6-4- 206
91
JR6-4-207
92
JR6-4-301
93
JR6-4-302
94
JR6-4-303
95
JR6-4-304
96
JR6-4-305
97
JR6-4-306
98
JR6-4-307
99
JR6-4-308
100
JR6-4-309
101
JR6-4-310
102
JR6-5-101
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REPEALS:
104
JR-4.01
105
JR-4.02
106
JR-4.03
107
JR-4.04
108
JR-4.05
109
JR-4.06
110
JR-4.07
111
JR-4.08
112
JR-4.09
113
JR-4.10
114
JR-4.11
115
JR-4.12
116
JR-4.13
117
JR-4.14
118
JR-4.15
119
JR-4.16
120
JR-4.17
121
JR-4.18
122
JR-4.19
123
JR-4.20
124
JR-4.20.1
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JR-4.21
126
JR-4.22
127
JR-4.22.1
128
JR-4.23
129
JR-4.24
130
JR-4.25
131
JR-4.26
132
JR-4.27
133
JR-4.28
134
JR-4.29
135
JR-4.30
136
JR-4.31
137
JR-4.32
138
JR-4.33
139
JR-4.34
140
JR-4.35
141
JR-4.36
142
JR-4.38
143
JR-4.39
144
JR-4.40
145
JR-6.01
146
JR-6.02
147
JR-6.03
148
JR-6.04
149
JR-7.01
150
JR-8.01
151
JR-8.02
152
JR-8.03
153
JR-8.04
154
JR-8.05
155
JR-9.01
156
JR-9.02
157
JR-9.03
158
JR-13.01
159
JR-13.02
160
JR-13.03
161
JR-13.04
162
JR-13.05
163
JR-13.06
164
JR-13.07
165
JR-13.08
166
JR-13.09
167
JR-13.10
168
JR-13.11
169
JR-13.12
170
JR-13.13
171
JR-13.19
172
JR-13.20
173
JR-13.21
174
JR-13.22
175
JR-13.23
176
JR-13.24
177
JR-13.25
178
JR-13.26
179
JR-13.27
180
JR-13.28
181
JR-13.29
182
JR-13.30
183
JR-13.31
184
JR-15.01
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JR-15.02
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JR-15.03
187
JR-15.04
188
JR-15.05
189
JR-16.01
190
JR-16.02
191
JR-16.03
192
JR-16.04
193
JR-16.05
194
JR-16.06
195
JR-16.07
196
JR-19.01
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JR-19.02
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JR-19.03
199
JR-19.04
200
JR-19.05
201
JR-19.06
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JR-19.07
203
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Be it resolved by the Legislature of the state of Utah:
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Section 1.
JR4-1-101
is enacted to read:
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TITLE 4. BILLS AND RESOLUTIONS
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CHAPTER 1. GENERAL PROVISIONS
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Part 1. General Provisions and Format Requirements
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JR4-1-101. Definitions.
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As used in this title:
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(1) "Bill" means legislation introduced for consideration by the Legislature that does
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any, some, or all of the following to Utah statutes:
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(a) amends;
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(b) enacts;
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(c) repeals;
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(d) repeals and reenacts; or
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(e) renumbers and amends.
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(2) "Boldface" means the brief descriptive summary of the contents of a statutory
219
section prepared by the Office of Legislative Research and General Counsel that is printed for
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each title, chapter, part, and section of the Utah Code.
221
(3) "Concurrent resolution" means a written proposal of the Legislature and Governor,
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which, to be approved, must be passed by both houses of the Legislature and concurred to by
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the Governor.
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(4) "Constitutional joint resolution" means a joint resolution proposing to amend,
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enact, or repeal portions of the Utah Constitution which, to be approved for submission to the
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voters, must be passed by a two-thirds vote of both houses of the Legislature.
227
(5) "House resolution" means a written proposal of the House of Representatives
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which, to be approved, must be passed by the House of Representatives.
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(6) "Joint resolution" means a written proposal of the Legislature which, to be
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approved, must be passed by both houses of the Legislature.
231
(7) "Laws of Utah" means all of the laws currently in effect in Utah.
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(8) "Legislation" means bills and resolutions introduced for consideration by the
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Legislature.
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(9) "Request for Legislation" means a formal request from a legislator or interim
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committee that a bill or resolution be prepared by the Office of Legislative Research and
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General Counsel.
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(10) "Resolution" includes constitutional joint resolutions, other joint resolutions,
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concurrent resolutions, House resolutions, and Senate resolutions.
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(11) "Senate resolution" means a written proposal of the Senate which, to be approved,
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must be passed by the Senate.
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(12) "Statute" means a law that has met the constitutional requirements for enactment.
242
(13) "Statutory section" means the unique unit of the laws of Utah that is identified by
243
a title, chapter, and section number.
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Section 2.
JR4-1-201
is enacted to read:
245
Part 2. Bill Format
246
JR4-1-201. General Bill Format Requirements.
247
(1) Each bill shall be typewritten or printed on paper 8-1/2 by 11 inches.
248
(2) (a) When a bill proposes to enact new law, all of the language proposed to be
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enacted by the bill shall be underlined.
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(b) When a bill proposes to enact a statutory section of new law, all of the language in
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the entire section must be underlined.
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(c) When a bill proposes to repeal an existing statutory section and reenact that
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statutory section using new language, the new language of the entire section shall be
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underlined.
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(3) When a bill proposes to amend a statutory section without repealing the entire
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statutory section:
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(a) all of the language to be repealed must appear between brackets with the letters
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struck through; and
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(b) all of the new language proposed to be enacted by the bill must be underlined.
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(4) When a bill proposes to repeal a statutory section, the statutory sections to be
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repealed shall be listed in the long title as required by these rules and listed by statutory section
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number and bold face at the end of the bill before any special clauses.
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Section 3.
JR4-1-202
is enacted to read:
264
JR4-1-202. Specific Bill Format Requirements.
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(1) Each bill shall contain:
266
(a) a designation containing the information required by Subsection (2);
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(b) a short title, which provides a short common description of the bill;
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(c) the year and type of legislative session in which the bill is to be introduced;
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(d) the phrase "State of Utah";
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(e) the sponsor's name, after the heading "Chief Sponsor:";
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(f) if the bill is a House bill that has passed third reading in the House, the Senate
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sponsor's name after the heading "Senate Sponsor:";
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(g) if the bill is a Senate bill that has passed third reading in the Senate, the House
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sponsor's name after the heading "House Sponsor:";
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(h) a list of cosponsors who are members of the same house as the chief sponsor, if
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any;
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(i) a long title, which includes:
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(i) a brief general description of the subject matter in the bill;
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(ii) a list of each section of the Utah Code affected by the bill, which cites by statute
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number those statutes that the bill proposes be amended, enacted, repealed and reenacted,
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renumbered and amended, and repealed; and
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(iii) for bills that contain an appropriation, the sum proposed to be appropriated by the
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bill unless the bill is an appropriation bill or supplemental appropriation bill whose single
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subject is the appropriation of money;
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(j) an enacting clause in the following form: "Be it enacted by the Legislature of the
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state of Utah:"; and
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(k) the subject matter, given in one or more sections.
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(2) The designation shall be a heading that identifies the bill by its house of
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introduction and by unique number assigned to it by the Office of Legislative Research and
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General Counsel and shall be in the following form: "S.B." or "H.B." followed by the number
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assigned to the bill.
292
Section 4.
JR4-1-203
is enacted to read:
293
JR4-1-203. Effective Date of Bills.
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(1) Unless otherwise directed by the Legislature, a bill becomes effective 60 days after
295
the adjournment of the session at which it passed.
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(2) The 60 days begins to run the day after the Legislature adjourns sine die.
297
Section 5.
JR4-1-301
is enacted to read:
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Part 3. Resolution Format
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JR4-1-301. General Resolution Format Requirements.
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(1) Each resolution shall be typewritten or printed on paper 8-1/2 by 11 inches.
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(2) Each resolution shall contain:
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(a) a designation containing the information required by Subsection (3);
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(b) a short title;
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(c) the year and type of legislative session in which the resolution is to be introduced;
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(d) the phrase "State of Utah";
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(e) the sponsor's name, after the heading "Chief Sponsor:";
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(f) if the resolution is a House resolution that has passed third reading in the House, the
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Senate sponsor's name after the heading "Senate Sponsor:";
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(g) if the resolution is a Senate resolution that has passed third reading in the Senate,
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the House sponsor's name after the heading "House Sponsor:";
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(h) a long title, which shall include a list of constitutional sections, legislative rules, or
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the Utah Supreme Court's Rules of Procedure or Rules of Evidence affected, if applicable;
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(i) a resolving clause containing the information required by Subsection (4);
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(j) for joint resolutions, concurrent resolutions, Senate resolutions, and House
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resolutions:
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(i) one or more paragraphs that begin with the word "Whereas" that function as the
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preamble; and
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(ii) one or more paragraphs that begin with the words "Be it Resolved" that identify the
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statement of purpose or policy; and
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(k) special clauses including, if necessary, an effective date.
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(3) The designation shall be a heading that identifies the resolution by its house of
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introduction and by unique number assigned to it by the Office of Legislative Research and
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General Counsel and shall be in the following form:
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(a) for constitutional joint resolutions and joint resolutions: "S.J.R." or "H.J.R."
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followed by the number assigned to the joint resolution;
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(b) for concurrent resolutions: "S.C.R." or "H.C.R." followed by the number assigned
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to the concurrent resolution;
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(c) for Senate resolutions: "S.R." followed by the number assigned to the Senate
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resolution; or
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(d) for House resolutions: "H.R." followed by the number assigned to the House
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resolution.
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(4) Each resolution shall contain a resolving clause in one of the following forms:
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(a) in a constitutional joint resolution, or in a joint resolution proposing to amend the
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Utah Supreme Court's Rules of Procedure or Rules of Evidence: "Be it resolved by the
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Legislature of the state of Utah, with at least two-thirds of all members elected to each of the
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two houses concurring:";
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(b) in a joint resolution: "Be it resolved by the Legislature of the state of Utah:";
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(c) in a concurrent resolution: "Be it resolved by the Legislature of the state of Utah,
339
with the Governor concurring:";
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(d) in a Senate resolution: "Be it resolved by the Senate of the state of Utah:"; or
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(e) in a House resolution: "Be it resolved by the House of Representatives of the state
342
of Utah:".
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Section 6.
JR4-1-302
is enacted to read:
344
JR4-1-302. Effective Date of Resolutions.
345
Unless otherwise directed by the Legislature, a resolution becomes effective on the day
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that the resolution receives final approval from:
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(1) the House of Representatives or the Senate, if it is a single house resolution;
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(2) both the House of Representatives and the Senate, if it is a joint resolution;
349
(3) the House of Representatives, the Senate, and the Governor, if it is a concurrent
350
resolution; or
351
(4) the House of Representatives, the Senate, and the voters at the next general
352
election, if it is a constitutional joint resolution.
353
Section 7.
JR4-1-303
is enacted to read:
354
JR4-1-303. Distribution of Resolutions.
355
(1) (a) Subject to Subsection (2), the Secretary of the Senate shall ensure that Senate
356
Resolutions and Senate Joint Resolutions are distributed as required by the resolution.
357
(b) Subject to Subsection (2), the Chief Clerk of the House shall ensure that House
358
Resolutions and House Joint Resolutions are distributed as required in the resolution.
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(2) If either the House or the Senate, or both, enact a resolution urging action by the
360
United States House of Representatives, the United States Senate, or the United States
361
Congress as a whole, in informing those entities of the action, the resolution may only be sent
362
to:
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(a) the Utah congressional delegation;
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(b) the Speaker of the United States House of Representatives;
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(c) the majority leader of the United States Senate; and
366
(d) at the request of the legislative sponsor, any member of the appropriate U.S. House
367
or U.S. Senate committee or subcommittee.
368
Section 8.
JR4-1-401
is enacted to read:
369
Part 4. Amendments in Context
370
JR4-1-401. Identifying Adopted Amendments in Context.
371
(1) When a Senate committee or floor amendment is adopted in the Senate, the Senate
372
amendment shall be noted in the legislation with additional spacing and markers indicating the
373
beginning and ending of the adopted Senate amendment.
374
(2) When a House committee or floor amendment is adopted in the House, the House
375
amendment shall be noted in the legislation with additional spacing and markers indicating the
376
beginning and ending of the adopted House amendment.
377
(3) (a) Notwithstanding
JR4-1-201
, and except as provided in Subsection (3)(b), when
378
an additional section from the Utah Code is added to a bill by amendment:
379
(i) all of the language in the section that is to be repealed must appear between brackets
380
with the letters struck through; and
381
(ii) all of the new language in the section that is proposed to be enacted by the bill must
382
be underlined.
383
(b) If the additional section added to the bill by amendment is to be repealed, the text
384
of the repealed section need not be included.
385
Section 9.
JR4-2-101
is enacted to read:
386
CHAPTER 2. REQUESTING AND INTRODUCING BILLS AND RESOLUTIONS
387
Part 1. Requesting Bills or Resolutions
388
JR4-2-101. Requests for Legislation -- Contents -- Timing.
389
(1) (a) A legislator wishing to introduce a bill or resolution shall file a Request for
390
Legislation with the Office of Legislative Research and General Counsel within the time limits
391
established by this rule.
392
(b) The request for legislation shall designate:
393
(i) the chief sponsor, who is knowledgeable about and responsible for providing
394
pertinent information as the legislation is drafted; and
395
(ii) any supporting legislators from the same house as the chief sponsor who wish to
396
cosponsor the legislation.
397
(2) (a) Any legislator may file a request for legislation beginning 60 days after the
398
Legislature adjourns its annual general session sine die.
399
(b) A legislator-elect may file a request for legislation beginning on the November 15
400
after the annual general election at which the legislator was elected.
401
(c) (i) If an incumbent legislator does not file to run for reelection or is defeated in a
402
political party convention, primary election, or general election, that legislator may not file any
403
requests for legislation as of that date.
404
(ii) The Office of Legislative Research and General Counsel shall abandon each
405
request for legislation from the legislator that is pending on that date unless, within 30 days
406
after that date, another member of the Legislature qualified to file a request for legislation
407
assumes sponsorship of the legislation.
408
(d) (i) If, for any reason, a legislator who filed a request for legislation is unavailable to
409
serve in the next annual general session, the former legislator shall seek another legislator to
410
assume sponsorship of each request for legislation filed by the legislator who is unavailable to
411
serve.
412
(ii) If the former legislator is unable to find another legislator to sponsor the legislation
413
within 30 days, the Office of Legislative Research and General Counsel shall abandon each
414
pending request for legislation from the legislator who is unavailable to serve.
415
(3) (a) Except as provided in Subsection (3)(c), a legislator may not file a Request for
416
Legislation with the Office of Legislative Research and General Counsel after noon on the 11th
417
day of the annual general session.
418
(b) Except as provided in Subsection (3)(c), by noon on the 11th day of the annual
419
general session, each legislator shall, for each Request for Legislation on file with the Office of
420
Legislative Research and General Counsel, either approve the request for numbering or
421
abandon the request.
422
(c) After the date established by this Subsection (3), a legislator may file a Request for
423
Legislation and automatically approve the legislation for numbering if:
424
(i) for House legislation, the Representative makes a motion to request a bill or
425
resolution for drafting and introduction and that motion is approved by a constitutional
426
majority of the House; or
427
(ii) for Senate legislation, the Senator makes a motion to request a bill or resolution for
428
drafting and introduction and that motion is approved by a constitutional majority vote of the
429
Senate.
430
(4) A legislator wishing to obtain funding for a project, program, or entity, when that
431
funding request does not require that a statute be enacted, repealed, or amended, may not file a
432
Request for Legislation but instead shall file a request for appropriation by following the
433
procedures and requirements of
JR4-3-101
.
434
Section 10.
JR4-2-102
is enacted to read:
435
JR4-2-102. Prioritizing Legislation.
436
(1) Consistent with
JR4-2-101
on prefiling of bills, beginning 60 days after each annual
437
general session and ending December 1 of each year, each legislator may make an irrevocable
438
and nontransferable prioritization of up to three bills.
439
(2) (a) (i) When sufficient drafting information is available, priority bills and interim
440
committee bills shall be drafted first.
441
(ii) All other bills shall be drafted on a first-in, first-out basis.
442
(b) Except as otherwise provided in these rules, before numbering any bills, the Office
443
of Legislative Research and General Counsel shall reserve as many bill numbers as necessary
444
to allow all designated priority bills to be the first bills numbered.
445
Section 11.
JR4-2-103
is enacted to read:
446
JR4-2-103. Legislation -- Sponsorship Requirements.
447
(1) (a) The legislator who approves the legislation for numbering is the chief sponsor.
448
(b) The chief sponsor may withdraw sponsorship of the legislation by following the
449
procedures and requirements of Senate Rules or House Rules.
450
(2) (a) Before or after the bill is introduced, legislators from the same house as the
451
chief sponsor may have their names added to or deleted from the legislation as co-sponsors by
452
following the procedures and requirements of Senate Rules or House Rules.
453
(b) Except as provided in Subsection (3), only legislators who are members of the same
454
house as the chief sponsor may co-sponsor legislation.
455
(3) Before the Secretary of the Senate or the Chief Clerk of the House may transfer
456
legislation to the opposite house, the chief sponsor shall:
457
(a) designate a member of the opposite house as sponsor of the legislation for that
458
house; and
459
(b) provide the Secretary or Chief Clerk with the name of that sponsor for designation
460
on the legislation.
461
Section 12.
JR4-2-201
is enacted to read:
462
Part 2. Substitute and Replacement Bills or Resolutions
463
JR4-2-201. Definitions.
464
As used in this part:
465
(1) "Committee substitute" means a substitute bill or resolution that is prepared for
466
introduction in a Senate or House standing committee.
467
(2) "Floor substitute" means a substitute bill or resolution that is prepared for
468
introduction on the Senate or House floor.
469
(3) (a) "Germane" means that the substitute is relevant, appropriate, and in a natural
470
and logical sequence to the subject matter of the original legislation.
471
(b) "Germane" includes a substitute that changes the effect or is in conflict with the
472
spirit of the original legislation if the substance of the substitute can be encompassed within the
473
short title of the underlying bill.
474
(4) "Replacement legislation" means a bill, resolution, or substitute that replaces the
475
original because of a technical error.
476
(5) "Substitute" means a new bill or resolution that:
477
(a) replaces the old bill or resolution in title and body; and
478
(b) is germane to the subject of the original bill or resolution.
479
Section 13.
JR4-2-202
is enacted to read:
480
JR4-2-202. Substitute Bills or Resolutions.
481
(1) (a) By following the procedures and requirements of Senate or House rule, a
482
legislator may propose a committee substitute to any Senate or House legislation that is under
483
consideration by a committee of which the legislator is a member.
484
(b) By following the procedures and requirements of Senate or House rule, a legislator
485
may propose a floor substitute to any Senate or House legislation that is under consideration by
486
the house of which the legislator is a member.
487
(2) To initiate drafting of a substitute, a legislator shall give drafting instructions to the
488
attorney who drafted the legislation.
489
(3) After the substitute sponsor has approved the substitute, the Office of Legislative
490
Research and General Counsel shall:
491
(a) electronically set the line numbers of the substitute; and
492
(b) distribute the substitute according to the sponsor's instructions.
493
Section 14.
JR4-2-203
is enacted to read:
494
JR4-2-203. Replacement Bills or Resolutions.
495
(1) If the Legislative General Counsel determines that a numbered bill or resolution
496
contains a technical error, the Office of Legislative Research and General Counsel may prepare
497
and submit a replacement bill or resolution that corrects the error.
498
(2) A sponsor may not file, and legislative staff may not create, replacement legislation
499
if:
500
(a) the original legislation has been approved by the sponsor;
501
(b) the legislation has been numbered; and
502
(c) copies of the legislation have been distributed.
503
(3) Nothing in this rule prohibits a sponsor from preparing amendments to the original
504
legislation or one or more substitutes of the original legislation and proposing their adoption by
505
a committee or by either house of which the legislator is a member.
506
Section 15.
JR4-2-204
is enacted to read:
507
JR4-2-204. Substitute Bills and Amendments to Bills Must Be Germane.
508
A bill may not be amended or substituted unless the changes are germane to the purpose
509
of the original bill.
510
Section 16.
JR4-2-301
is enacted to read:
511
Part 3. Drafting and Approval of Legislation by
512
Office of Legislative Research and General Counsel
513
JR4-2-301. Drafting and Sponsor Approval of Legislation.
514
(1) After receiving a Request for Legislation, the Office of Legislative Research and
515
General Counsel shall:
516
(a) review the request and any accompanying draft; and
517
(b) draft the legislation for approval by the sponsor.
518
(2) In drafting the legislation, the Office of Legislative Research and General Counsel
519
shall, when applicable:
520
(a) ensure that the legislation is in proper legal form;
521
(b) remove any ambiguities;
522
(c) avoid constitutional or statutory conflicts; and
523
(d) correct technical errors as provided in Utah Code Section
36-12-12
.
524
(3) (a) Any Request for Legislation filed directly with the Office of Legislative
525
Research and General Counsel, with a complete accompanying draft, shall be reviewed and
526
approved by the Office of Legislative Research and General Counsel within three legislative
527
days.
528
(b) This three day deadline may be extended if the Director of the Office of Legislative
529
Research and General Counsel requests it and states the reasons for the delay.
530
(4) When the Office of Legislative Research and General Counsel has completed the
531
legislation, the office shall:
532
(a) send the legislation to the chief sponsor for review and approval; and
533
(b) after the chief sponsor approves the legislation, number and distribute the
534
legislation as provided in
JR4-2-503
.
535
Section 17.
JR4-2-401
is enacted to read:
536
Part 4. Committee Notes, Fiscal Notes, Legislative
537
Review Notes, and Attorney Approval Notes.
538
JR4-2-401. Committee Notes.
539
(1) As used in this rule:
540
(a) "Legislative committee" means a committee, commission, task force, or other
541
policy or advisory body that is created by statute, legislation, or by the Legislative Management
542
Committee and that is composed exclusively of legislators.
543
(b) (i) "Legislative committee" does not mean a standing committee.
544
(ii) Notwithstanding Subsection (1)(b)(i), "Legislative committee" includes each Rules
545
Committee.
546
(c) "Mixed committee" means a committee, commission, task force, or other policy or
547
advisory body that is:
548
(i) created by statute, legislation, or by the Legislative Management Committee;
549
(ii) composed of legislator members and nonlegislative members; and
550
(iii) staffed by the Office of Legislative Research and General Counsel or the Office of
551
the Legislative Fiscal Analyst.
552
(2) The Office of Legislative Research and General Counsel shall:
553
(a) note on any legislation reviewed by a legislative committee that the committee
554
recommends the legislation or has voted the legislation out without recommendation;
555
(b) note on any legislation reviewed by a mixed committee:
556
(i) the number of legislators and nonlegislators on the mixed committee;
557
(ii) the number of legislators who voted for and against recommending the legislation;
558
and
559
(iii) that the committee recommends the legislation or has voted the legislation out
560
without recommendation; and
561
(c) ensure that the note is printed with the legislation.
562
Section 18.
JR4-2-402
is enacted to read:
563
JR4-2-402. Legislative Review Notes.
564
(1) The Legislative General Counsel shall place a legislative review note on the
565
legislation.
566
(2) If an amendment or substitute to legislation appears to substantively change the
567
legislation's constitutionality, any legislator may request an amended legislative review note by
568
making a motion in a standing committee or on the floor requesting that an amended legislative
569
review note be prepared.
570
(3) If the motion is approved by a majority vote, the rules committee of the chamber
571
where the request was made shall review the request and may either:
572
(a) request that the Legislative General Counsel prepare an amended legislative review
573
note; or
574
(b) if the rules committee determines that no amended legislative review note is
575
necessary, refer the legislation back to the standing committee or the floor.
576
(4) Once the rules committee has decided the question, a motion for an amended
577
legislative review note is out of order unless the legislation is subsequently amended or another
578
substitute is filed.
579
(5) (a) If an amended legislative review note is requested by the rules committee, when
580
the amended note is complete, the rules committee shall refer the legislation back to its
581
originating standing committee or give the legislation priority for floor action in preparing the
582
calendar.
583
(b) The amended legislative review note shall be made available to legislators in hard
584
copy or electronically.
585
(6) The legislative review note is not an official part of the legislation.
586
Section 19.
JR4-2-403
is enacted to read:
587
JR4-2-403. Fiscal Notes.
588
(1) (a) (i) When the Legislative Fiscal Analyst receives the electronic copy of the
589
approved legislation from the Office of Legislative Research and General Counsel, that office
590
shall, within three legislative days:
591
(A) review and analyze the legislation to determine its fiscal impact; and
592
(B) provide a fiscal note to the sponsor of the legislation.
593
(ii) The three day deadline for the preparation of the fiscal note may be extended if the
594
Legislative Fiscal Analyst requests it, states the reasons for the delay, and informs the sponsor
595
of the legislation of the delay.
596
(b) If the Legislative Fiscal Analyst determines that the legislation has no fiscal impact,
597
the Legislative Fiscal Analyst may release the fiscal note immediately after the sponsor has
598
received a copy of the fiscal note.
599
(c) The sponsor may:
600
(i) approve the release of the fiscal note;
601
(ii) direct that the fiscal note be held; or
602
(iii) if the sponsor disagrees with the fiscal note, contact the Legislative Fiscal Analyst
603
to discuss that disagreement and provide evidence, data, or other information to support a
604
revised fiscal note.
605
(d) If the sponsor does not contact the Legislative Fiscal Analyst with instructions
606
about the fiscal note within one 24 hour legislative day, the Legislative Fiscal Analyst shall
607
release the fiscal note.
608
(e) The Legislative Fiscal Analyst shall make the final determination on the fiscal note.
609
(f) The fiscal note shall be printed with the legislation.
610
(2) If an amendment or a substitute to legislation appears to substantively change the
611
fiscal impact of the legislation, the Legislative Fiscal Analyst shall prepare an amended fiscal
612
note for the legislation.
613
(3) The fiscal note is not an official part of the legislation.
614
Section 20.
JR4-2-501
is enacted to read:
615
Part 5. Numbering, Distribution, and Printing of Bills and Resolutions
616
JR4-2-501. Numbering and Distributing Bills and Resolutions.
617
After receiving approval from the sponsor under
JR4-2-301
, the Office of Legislative
618
Research and General Counsel shall:
619
(1) proofread the legislation and perform other quality control measures;
620
(2) indicate on the first page of the legislation that the drafting attorney has approved
621
the legislation for filing;
622
(3) place a committee or task force note on the legislation if required by
JR4-2-401
;
623
(4) place a legislative review note on the legislation, if one is required by
JR4-2-402
;
624
(5) assign a number to the legislation to appear after the designation required by
625
JR4-1-202
and
JR4-1-301
;
626
(6) electronically set the legislation's line numbers; and
627
(7) distribute an electronic copy of the legislation as required by
JR4-2-503
.
628
Section 21.
JR4-2-502
is enacted to read:
629
JR4-2-502. Reservation of Bill Numbers.
630
(1) In annual general legislative sessions occurring in odd-numbered years:
631
(a) House Bill 1 is reserved for the State Agency and Higher Education Base Budget
632
bill and Senate Bill 1 is reserved for the Minimum School Program Base Budget Amendments
633
bill;
634
(b) House Bill 2 is reserved for the Minimum School Program Budget Amendments
635
bill and Senate Bill 2 is reserved for the New Fiscal Year Supplemental Appropriations Act;
636
and
637
(c) House Bill 3 is reserved for the Current Fiscal Year Supplemental Appropriations
638
bill, and Senate Bill 3 is reserved for the Appropriations Adjustments bill.
639
(2) In annual general legislative sessions occurring in even-numbered years:
640
(a) House Bill 1 is reserved for the Minimum School Program Base Budget
641
Amendments bill and Senate Bill 1 is reserved for the State Agency and Higher Education Base
642
Budget bill;
643
(b) House Bill 2 is reserved for the New Fiscal Year Supplemental Appropriations Act
644
and Senate Bill 2 is reserved for the Minimum School Program Budget Amendments bill; and
645
(c) House Bill 3 is reserved for the Appropriations Adjustments bill, and Senate Bill 3
646
is reserved for the Current Fiscal Year Supplemental Appropriations bill.
647
(3) In each annual general legislative session, House Bills 4 through 9 and Senate Bills
648
4 through 9 are reserved for other appropriations and funding bills.
649
Section 22.
JR4-2-503
is enacted to read:
650
JR4-2-503. Distribution of Bills and Resolutions and Preparation for
651
Introduction.
652
(1) After the Office of Legislative Research and General Counsel has numbered a piece
653
of legislation, the office shall:
654
(a) provide an electronic copy of the legislation to the Office of Legislative Printing
655
and the Office of the Legislative Fiscal Analyst;
656
(b) post a copy on the Internet; and
657
(c) deliver a paper copy of the legislation to the chief sponsor.
658
(2) After receiving a copy of the numbered bill from Legislative Printing, the docket
659
clerk shall:
660
(a) create the official backed copy of the legislation; and
661
(b) notify the Secretary of the Senate or the Chief Clerk of the House that the
662
legislation is ready for introduction.
663
Section 23.
JR4-2-504
is enacted to read:
664
JR4-2-504. Printing Bills and Resolutions.
665
(1) As provided in Senate or House Rules, legislation may be ordered printed in the
666
number of copies considered necessary.
667
(2) A sponsor may have copies of his legislation printed in the quantity that the sponsor
668
considers necessary.
669
(3) As provided in Senate or House Rules, legislation may be printed before receiving a
670
committee note or fiscal note.
671
Section 24.
JR4-3-101
is enacted to read:
672
CHAPTER 3. REQUESTING APPROPRIATIONS
673
Part 1. Requesting Appropriations
674
JR4-3-101. Request for Appropriation.
675
(1) A legislator wishing to obtain funding for a project, program, or entity that has not
676
previously been funded, or to obtain additional or separate funding for a project, program, or
677
entity, shall file a Request for Appropriation with the Office of Legislative Fiscal Analyst.
678
(2) (a) Except as provided in Subsection (2)(b), a legislator may not file a Request for
679
Appropriation with the Office of Legislative Fiscal Analyst after noon on the 11th day of the
680
annual general session.
681
(b) After the date established by this Subsection (2), a legislator may file a Request for
682
Appropriation if:
683
(i) for a request by a House member, the Representative makes a motion to file a
684
Request for Appropriation and that motion is approved by a constitutional majority of the
685
House; or
686
(ii) for a request by a Senator, the Senator makes a motion to file a Request for
687
Appropriation and that motion is approved by a constitutional majority vote of the Senate.
688
(3) The request shall designate:
689
(a) the project, program, or entity to be funded;
690
(b) the source for the funding;
691
(c) the chief sponsor, who is knowledgeable about and responsible for providing
692
pertinent information as the appropriation is processed;
693
(d) supporting legislators, if any, who wish to cosponsor the appropriation; and
694
(e) the appropriation subcommittee to which the sponsor wishes the request to be
695
assigned, if any.
696
Section 25.
JR4-3-201
is enacted to read:
697
Part 2. Disposition of Requests for Appropriation
698
JR4-3-201. Review and Action on Requests for Appropriation.
699
(1) (a) The Legislative Fiscal Analyst shall review each Request for Appropriation.
700
(b) If the request requires that a statute be enacted, amended, or repealed, the
701
Legislative Fiscal Analyst shall immediately transfer the request to the Office of Legislative
702
Research and General Counsel as a Request for Legislation.
703
(c) If the request does not require that a statute be enacted, amended, or repealed, the
704
Legislative Fiscal Analyst shall number and title the request and refer the request to:
705
(i) the House chair of the Executive Appropriations Committee, if the sponsor is a
706
House member; or
707
(ii) the Senate chair of the Executive Appropriations Committee, if the sponsor is a
708
Senate member.
709
(2) The House or Senate chair of the Executive Appropriations Committee shall refer
710
the request to the appropriate joint appropriations subcommittee.
711
(3) Each joint appropriations subcommittee that receives a Request for Appropriation
712
shall:
713
(a) allow the sponsor to present and discuss the request with the subcommittee;
714
(b) discuss the request; and
715
(c) do one of the following:
716
(i) include all or part of the requested appropriation in the budget recommendation
717
made by the subcommittee to the Executive Appropriations Committee;
718
(ii) reject the request; or
719
(iii) recommend to the Executive Appropriations Committee that all or part of the
720
requested appropriation be placed on a funding prioritization list as may be established by the
721
Executive Appropriations Committee.
722
Section 26.
JR4-4-101
is enacted to read:
723
CHAPTER 4. INTRODUCTION AND CONSIDERATION OF LEGISLATION
724
Part 1. Introduction and Consideration of Legislation
725
JR4-4-101. Introduction of Legislation.
726
(1) The Secretary of the Senate or Chief Clerk of the House shall inform the presiding
727
officer about legislation ready for introduction.
728
(2) When directed to do so by the presiding officer, the reading clerk shall introduce
729
the legislation by reading its number and short title, which constitutes the legislation's first
730
reading.
731
Section 27.
JR4-4-102
is enacted to read:
732
JR4-4-102. Reference of Legislation.
733
(1) During an annual general or special session of the Legislature, after a piece of
734
legislation has been introduced and read for the first time, it shall be referred to a committee or
735
to the floor as provided in Senate or House Rules.
736
(2) The Secretary of the Senate and the Chief Clerk of the House or their designees
737
shall deliver all legislation assigned to a committee to the chair of that committee or to that
738
chair's designee.
739
Section 28.
JR4-4-103
is enacted to read:
740
JR4-4-103. Committee Responsibilities.
741
(1) Each standing committee shall:
742
(a) examine legislation referred to it;
743
(b) amend or substitute the legislation if necessary; and
744
(c) report the legislation back to the floor.
745
(2) If legislation is referred to an interim committee, the interim committee may
746
examine and recommend to the sponsor any changes to it that the committee considers
747
necessary.
748
Section 29.
JR4-4-104
is enacted to read:
749
JR4-4-104. Floor Action.
750
According to the procedures and requirements of Senate Rules and House Rules, each
751
house shall consider legislation that is referred to it by a committee or that is otherwise in its
752
possession.
753
Section 30.
JR4-4-105
is enacted to read:
754
JR4-4-105. Calendaring Legislation -- Preference for Legislation of Other
755
Chamber.
756
During the third and fourth days of each week:
757
(1) the Senate shall consider House legislation appearing on the Senate calendar; and
758
(2) the House shall consider Senate legislation appearing on the House calendar.
759
Section 31.
JR4-4-106
is enacted to read:
760
JR4-4-106. Notice to Other Chamber that Legislation has Failed.
761
(1) When a piece of legislation that passed the Senate is rejected by the House, the
762
Chief Clerk of the House of Representatives shall transmit notice of the rejection to the Senate.
763
(2) When a piece of legislation that passed the House is rejected by the Senate, the
764
Secretary of the Senate shall transmit notice of the rejection to the House.
765
Section 32.
JR4-4-107
is enacted to read:
766
JR4-4-107. Legislation Transmitted to Other House.
767
(1) The Secretary of the Senate or Chief Clerk of the House shall:
768
(a) transmit notice of passage on third reading to the other house;
769
(b) comply with the requirements of Subsection (2) if necessary; and
770
(c) if sent to the other house, enter the date of transmission in the journal.
771
(2) The Secretary of the Senate or Chief Clerk of the House shall, before transmitting a
772
piece of legislation to the other house, ensure that, if the legislation passed with amendments or
773
was substituted, the amendments or substitute are:
774
(a) retyped or reprinted in the typeface and on the color paper designated for each
775
house; and
776
(b) transmitted with the legislation.
777
Section 33.
JR4-4-108
is enacted to read:
778
JR4-4-108. Consideration and Action on Amendments to Legislation Made in the
779
Other Chamber.
780
(1) (a) If the Senate amends and passes, or substitutes and passes, a piece of House
781
legislation, the House must either "concur" or "refuse to concur" in the amendments or
782
substitute.
783
(b) (i) If the House concurs, the legislation shall be voted on for final passage in the
784
House.
785
(ii) If the legislation passes, the Chief Clerk of the House shall notify the Senate, obtain
786
the signatures required by
JR4-6-101
, and send the legislation to the Office of Legislative
787
Research and General Counsel for enrolling.
788
(c) If the House refuses to concur in the Senate amendments or substitute to a piece of
789
House legislation, the Chief Clerk of the House and the House shall follow the procedures and
790
requirements of JR3-2, Part 6, Conference Committees.
791
(2) (a) If the House amends and passes, or substitutes and passes, a piece of Senate
792
legislation, the Senate must either "concur" or "refuse to concur" in the amendments or
793
substitute.
794
(b) (i) If the Senate concurs, the legislation shall be voted on for final passage in the
795
Senate.
796
(ii) If the legislation passes, the Secretary of the Senate shall notify the House, obtain
797
the signatures required by
JR4-6-101
, and send the legislation to the Office of Legislative
798
Research and General Counsel for enrolling.
799
(c) If the Senate refuses to concur in the House amendments or substitute to a piece of
800
Senate legislation, the Secretary of the Senate and the Senate shall follow the procedures and
801
requirements of JR3-2, Part 6, Conference Committees.
802
Section 34.
JR4-4-109
is enacted to read:
803
JR4-4-109. Striking the Enacting Clause.
804
(1) (a) (i) Either house may strike the enacting clause on any piece of legislation by
805
following the procedures and requirements of Subsection (1)(a)(ii).
806
(ii) To strike an enacting clause, a legislator shall make a motion on the floor to strike
807
the enacting clause and a majority of the members of that house must approve the motion.
808
(b) If the enacting clause of a piece of legislation is struck:
809
(i) the action conclusively defeats the legislation; and
810
(ii) a motion to reconsider the action is out of order.
811
(2) The enacting clause of each piece of legislation that has not passed the Legislature
812
before adjournment sine die of an annual general session or a special session is automatically
813
stricken.
814
Section 35.
JR4-4-201
is enacted to read:
815
Part 2. Transmitting and Recording Receipt of Legislation and Notices from Other
816
House
817
JR4-4-201. Transmittal Letters.
818
The Secretary of the Senate or the Chief Clerk of the House of Representatives shall:
819
(1) attach a transmittal letter signed by the Secretary or Clerk to each piece of
820
legislation to be transmitted to the opposite house; and
821
(2) ensure that the piece of legislation, with its transmittal letter, is sent to the opposite
822
house.
823
Section 36.
JR4-4-202
is enacted to read:
824
JR4-4-202. Memorializing Formal Receipt of Legislation from Other House.
825
(1) (a) Upon receipt of a transmittal letter from the Senate, the Chief Clerk of the
826
House of Representatives or the Clerk's designee shall sign a receipt recording the House's
827
receipt of the legislation.
828
(b) Once the receipt is signed, the legislation is in the possession of the House.
829
(2) (a) Upon receipt of a transmittal letter from the House, the Secretary of the Senate
830
or the Secretary's designee shall sign a receipt recording the Senate's receipt of the legislation.
831
(b) Once the receipt is signed, the legislation is in the possession of the Senate.
832
Section 37.
JR4-4-203
is enacted to read:
833
JR4-4-203. Possession of a Bill -- Process for Obtaining the Return of Legislation
834
Sent to the Other House.
835
(1) A piece of legislation is in the possession of the house in which it has been
836
receipted.
837
(2) A piece of legislation in the possession of one house may be returned to the other
838
house only when:
839
(a) the house having possession of the legislation receives a written request from the
840
opposite house requesting return of the legislation; and
841
(b) a majority of the house having possession of the legislation votes to return the
842
legislation to the opposite house.
843
Section 38.
JR4-5-101
is enacted to read:
844
CHAPTER 5. DEADLINES FOR PASSAGE OF CERTAIN BILLS
845
Part 1. Bills Containing Fiscal Notes
846
JR4-5-101. Deadline for Passing Certain Fiscal Note Bills.
847
(1) (a) The House shall refer any Senate bill with a fiscal note of $10,000 or more to
848
the House Rules Committee before giving that bill a third reading.
849
(b) The Senate shall table on third reading each House bill with a fiscal note of $10,000
850
or more.
851
(2) (a) Before adjourning on the 33rd day of the annual general session, each legislator
852
shall prioritize fiscal note bills and identify other projects or programs for new or one-time
853
funding according to the process established by leadership.
854
(b) Before adjourning on the 40th day of the annual general session, the Legislature
855
shall either pass or defeat each bill with a fiscal note of $10,000 or more except constitutional
856
amendment resolutions.
857
Section 39.
JR4-5-201
is enacted to read:
858
Part 2. Appropriation Bills
859
JR4-5-201. Deadline for Passing Base Budget Bills.
860
(1) Each legislator shall receive a copy of each base budget bill for the next fiscal year
861
by calendared floor time on the first day of the annual general session.
862
(2) By noon on the tenth day, but not before the third day, of the annual general
863
session, the Legislature shall either pass or defeat each base budget bill.
864
Section 40.
JR4-5-202
is enacted to read:
865
JR4-5-202. Deadline for Passing Certain Appropriations Bills and School
866
Finance Bills.
867
(1) Each legislator shall receive a copy of any General Appropriations bills, any
868
Supplemental Appropriations bills, and any School Finance bills by calendared floor time on
869
the 43rd day of the annual general session.
870
(2) Before the calendared closing time of the 43rd day of the annual general session,
871
the Legislature shall either pass or defeat those General Appropriations bills, Supplemental
872
Appropriations bills, and School Finance bills.
873
Section 41.
JR4-5-203
is enacted to read:
874
JR4-5-203. Deadline for Passing the Final Appropriations Bill.
875
(1) Each legislator shall receive a copy of the final appropriations bill by calendared
876
floor time on the 45th day of the annual general session.
877
(2) By noon on the 45th day of the annual general session, the Legislature shall either
878
pass or defeat the final appropriations bill.
879
Section 42.
JR4-5-301
is enacted to read:
880
Part 3. Bond Bills
881
JR4-5-301. Deadline for Passing Bond Bills.
882
(1) Each legislator shall receive a copy of any bond bill by noon on the 40th day of the
883
annual general session.
884
(2) Before the calendared closing time of the 40th day of the annual general session,
885
the Legislature shall either pass or defeat each bond bill.
886
Section 43.
JR4-6-101
is enacted to read:
887
CHAPTER 6. DISPOSITION OF LEGISLATION AFTER PASSAGE
888
Part 1. Certifying and Enrolling the Legislation
889
JR4-6-101. Certification and Signature.
890
(1) (a) When a piece of Senate legislation has passed both houses, the Secretary of the
891
Senate shall certify its final passage by identifying:
892
(i) the date that the legislation passed the Senate;
893
(ii) the number of Senators voting for and against the legislation;
894
(iii) the number of Senators absent for the vote;
895
(iv) the date that the legislation passed the House;
896
(v) the number of Representatives voting for and against the legislation; and
897
(vi) the number of Representatives absent for the vote.
898
(b) When a piece of House legislation has passed both houses, the Chief Clerk of the
899
House shall certify its final passage by identifying:
900
(i) the date that the legislation passed the House;
901
(ii) the number of Representatives voting for and against the legislation;
902
(iii) the number of Representatives absent for the vote;
903
(iv) the date that the legislation passed the Senate;
904
(v) the number of Senators voting for and against the legislation; and
905
(vi) the number of Senators absent for the vote.
906
(2) (a) Except as provided in Subsection (2)(b), within one legislative day of final
907
passage, each piece of legislation shall be signed:
908
(i) first by the presiding officer of the house in which it was last voted upon; and
909
(ii) second, by the presiding officer of the other house.
910
(b) Within five days following the adjournment sine die of a legislative session, each
911
piece of legislation passed on the final day of that legislative session shall be signed:
912
(i) first by the presiding officer of the house in which it was last voted upon; and
913
(ii) second, by the presiding officer of the other house.
914
(c) Unless the session has adjourned sine die, the Secretary of the Senate or Chief
915
Clerk of the House shall note in the journal that the legislation was signed by the presiding
916
officer.
917
Section 44.
JR4-6-102
is enacted to read:
918
JR4-6-102. Enrollment and Transmittal of Legislation to the Governor.
919
(1) (a) After a piece of legislation that has passed both houses has been signed by the
920
presiding officers, the Secretary or Chief Clerk shall deliver it to the Office of Legislative
921
Research and General Counsel.
922
(b) The Office of Legislative Research and General Counsel shall:
923
(i) examine and enroll the legislation;
924
(ii) correct any technical errors as provided by Utah Code Section
36-12-12
; and
925
(iii) transmit a copy of the enrolled legislation to:
926
(A) the Secretary of the Senate for legislation originating in the Senate; and
927
(B) the Chief Clerk of the House for legislation originating in the House.
928
(2) When enrolling the legislation, the Office of Legislative Research and General
929
Counsel shall:
930
(a) include the name of the House floor sponsor for Senate legislation under the
931
heading "House Sponsor:"; or
932
(b) include the name of the Senate floor sponsor for House legislation under the
933
heading "Senate Sponsor:".
934
(3) The Secretary of the Senate or Chief Clerk of the House shall:
935
(a) certify each enrolled piece of legislation;
936
(b) ensure that a copy of the enrolled legislation is:
937
(i) transmitted to the Governor;
938
(ii) filed with the Secretary or Chief Clerk;
939
(iii) transmitted to the chief sponsor upon request; and
940
(iv) transmitted to the Office of Legislative Printing.
941
Section 45.
JR4-6-103
is enacted to read:
942
JR4-6-103. Legislative General Counsel to Correct Certain Technical Errors.
943
The Legislative General Counsel may correct technical errors in the code in preparing
944
the database for publication.
945
Section 46.
JR4-6-201
is enacted to read:
946
Part 2. Recalling Legislation After Passage
947
JR4-6-201. Recalling Legislation Before It is Signed by the Speaker and
948
President.
949
Legislation in the possession of the other house or the Office of Legislative Research
950
and General Counsel may be recalled by a motion and a constitutional majority vote from the
951
members of both houses.
952
Section 47.
JR4-6-202
is enacted to read:
953
JR4-6-202. Recalling Legislation from the Governor.
954
When a bill has passed both houses of the Legislature, been signed by the presiding
955
officers, been enrolled, and has been sent to the Governor for his approval, it can be recalled
956
only if:
957
(1) a joint resolution requesting that the Governor return the legislation is passed by a
958
constitutional majority vote of both houses; and
959
(2) the Governor elects to return it.
960
Section 48.
JR5-1-101
is enacted to read:
961
TITLE 5. LEGISLATIVE EXPENSE AND MILEAGE REIMBURSEMENT
962
CHAPTER 1. GENERAL PROVISIONS
963
JR5-1-101. Definitions.
964
As used in this title:
965
(1) "Authorized legislative meeting" means:
966
(a) special sessions;
967
(b) veto override sessions;
968
(c) interim committee and subcommittee meetings;
969
(d) management committee and subcommittee meetings;
970
(e) executive appropriation and subcommittee meetings; and
971
(f) the meetings of any other body where legislative participation is required by law or
972
authorized by the Legislative Management Committee.
973
(2) "Mileage" means the mileage reimbursement allowance approved by the Division
974
of Finance for state employees.
975
Section 49.
JR5-1-102
is enacted to read:
976
JR5-1-102. Legislative Expenses Oversight Committee.
977
(1) The presiding officer and the majority leader and minority leader of each house are
978
the Legislative Expenses Oversight Committee for that house.
979
(2) Each committee shall:
980
(a) establish procedures to implement the rules on legislative expenses, including
981
establishing vouchering systems and procedures for the disbursement of legislative expenses;
982
and
983
(b) meet at least annually, or at the request of a majority of the committee, to review
984
legislative expenses and travel budgets.
985
(3) The presiding officer may authorize temporary emergency legislative expenses.
986
Section 50.
JR5-2-101
is enacted to read:
987
CHAPTER 2. EXPENSE AND MILEAGE REIMBURSEMENT
988
DURING ANNUAL GENERAL SESSION
989
JR5-2-101. Lodging, Meals, and Incidental Expenses While in Annual General
990
Session.
991
(1) This rule governs legislative expenses for lodging, meals, and incidental expenses
992
incurred when the Legislature is in annual general session.
993
(2) Each legislator shall receive an expense allowance equal to the sum of the federal
994
lodging per diem rate for Salt Lake City and the federal meals and incidental expenses per diem
995
rate for Salt Lake City.
996
Section 51.
JR5-2-102
is enacted to read:
997
JR5-2-102. Transportation Cost Reimbursement While in Annual General
998
Session.
999
(1) This rule governs transportation costs incurred by legislators when the Legislature
1000
is in annual general session.
1001
(2) (a) Each legislator shall receive transportation costs to and from the session.
1002
(b) These costs shall be computed on the basis of actual mileage for private automobile
1003
use or the actual cost of alternative commercial transportation.
1004
Section 52.
JR5-3-101
is enacted to read:
1005
CHAPTER 3. EXPENSE AND MILEAGE REIMBURSEMENT FOR
1006
AUTHORIZED LEGISLATIVE MEETINGS, SPECIAL
1007
SESSIONS, AND VETO OVERRIDE SESSIONS
1008
JR5-3-101. Meals and Incidental Expense Reimbursement for Authorized
1009
Legislative Meetings, Special Sessions, and Veto Override Sessions.
1010
(1) This rule governs reimbursement for meals and incidental expenses for legislator
1011
attendance at authorized legislative meetings when the Legislature is not in annual general
1012
session.
1013
(2) For each day that a legislator attends an authorized legislative meeting, the
1014
legislator shall receive a meals and incidental expenses per diem equal to the federal meals and
1015
incidental expenses per diem rate for Salt Lake City.
1016
(3) The Legislative Expenses Oversight Committee established in
JR5-1-102
shall
1017
ensure that legislators do not receive duplicate or improper reimbursements.
1018
Section 53.
JR5-3-102
is enacted to read:
1019
JR5-3-102. Lodging Expense Reimbursement for Authorized Legislative
1020
Meetings, Special Sessions, and Veto Override Sessions.
1021
(1) This rule governs reimbursement for lodging expenses for legislator attendance at
1022
authorized legislative meetings when the Legislature is not in annual general session.
1023
(2) If attendance at an authorized legislative committee meeting necessitates overnight
1024
accommodations, legislators shall receive reimbursement for actual lodging expenses up to the
1025
federal lodging per diem rate for Salt Lake City.
1026
(3) The Legislative Expenses Oversight Committee established in
JR5-1-102
shall
1027
ensure that legislators do not receive duplicate or improper reimbursements.
1028
Section 54.
JR5-3-103
is enacted to read:
1029
JR5-3-103. Travel Expense Reimbursement for Authorized Legislative Meetings,
1030
Special Sessions, and Veto Override Sessions.
1031
(1) This rule governs reimbursement for travel expenses for legislator attendance at
1032
authorized legislative meetings when the Legislature is not in annual general session.
1033
(2) (a) Each legislator shall receive transportation costs to and from the authorized
1034
legislative committee meeting.
1035
(b) Transportation costs shall be computed on the basis of actual mileage for private
1036
automobile use or the actual cost of alternative commercial transportation.
1037
(3) The Legislative Expenses Oversight Committee established in
JR5-1-102
shall
1038
ensure that legislators do not receive duplicate or improper reimbursements.
1039
Section 55.
JR5-4-101
is enacted to read:
1040
CHAPTER 4. OUT-OF-STATE TRAVEL
1041
JR5-4-101. Reimbursement for Costs of Out-of-State Travel.
1042
The following rules govern reimbursement for out-of-state travel by legislators:
1043
(1) (a) Subject to Subsections (1)(b) and (1)(c), legislators shall receive reimbursement
1044
for all approved actual and necessary expenses.
1045
(b) The presiding officer, the majority leader, and the minority leader shall meet
1046
annually to establish a policy governing out-of-state travel, including the process for them to
1047
approve out of state travel and approve reimbursement of expenses for that travel as required
1048
under Utah Code Section
36-12-17
.
1049
(c) If a legislator elects to travel to an out-of-state destination by private automobile,
1050
the legislator shall receive actual mileage or the actual cost of alternative commercial
1051
transportation, whichever is less.
1052
(2) Each legislator shall provide supporting documentation for each expense for which
1053
the legislator seeks reimbursement.
1054
Section 56.
JR6-1-101
is enacted to read:
1055
TITLE 6. LEGISLATIVE ETHICS AND ADJUDICATION
1056
OF ETHICS COMPLAINTS
1057
CHAPTER 1. ETHICS REQUIREMENTS GOVERNING LEGISLATORS
1058
Part 1. Ethical Standards for Legislators
1059
JR6-1-101. Legislative Ethics.
1060
(1) The Utah Legislature consists of people who work part-time and must necessarily
1061
earn their living in other jobs and professions.
1062
(2) It is necessary to reconcile the functions of privately employed legislators who have
1063
their own private interests with the maintenance of high ethical standards and public
1064
confidence.
1065
(3) In seeking to balance these interests, it is necessary to avoid controls that might be
1066
so strict that they discourage capable and honorable persons from entering legislative service.
1067
(4) It is recognized that public confidence in the Legislature should be promoted and
1068
that competent members should serve in the Legislature even though most of them have private
1069
interests of various types.
1070
(5) It is also recognized that a citizen legislator is in a different position in doing
1071
business with the state and its political subdivisions than a public servant whose chief source of
1072
livelihood is derived from public funds.
1073
Section 57.
JR6-1-102
is enacted to read:
1074
JR6-1-102. Code of Official Conduct.
1075
(1) Each legislator shall comply with the guidelines established in Subsection (2).
1076
(2) In judging members of its house charged with an ethical violation, the Senate and
1077
House Ethics Committees shall consider whether or not the member has violated any of the
1078
following guidelines:
1079
(a) Members of the Senate and House shall not engage in any employment or other
1080
activity that would destroy or impair their independence of judgment.
1081
(b) Members of the Senate and House shall not be paid by a person, as defined in
1082
JR6-1-202
, to lobby, consult, or to further the interests of any legislation or legislative matter.
1083
(c) Members of the Senate and House shall not exercise any undue influence on any
1084
governmental entity.
1085
(d) Members of the Senate and House shall not engage in any activity that would be an
1086
abuse of official position or a violation of trust.
1087
(e) Members of the Senate and House may engage in business or professional activity
1088
in competition with others, but shall not use any information obtained by reason of their
1089
official position to gain advantage over any competition for activities with the state and its
1090
political subdivisions.
1091
(f) Members of the Senate and House shall not engage in any business relationship or
1092
activity that would require the disclosure of confidential information obtained because of their
1093
official position.
1094
(g) Members of the Senate and House shall not use their official position to secure
1095
privileges for themselves or others.
1096
(h) While in session, members of the Senate and House shall disclose any conflict of
1097
interest on any legislation or legislative matter as provided in
JR6-1-201
.
1098
(i) Members of the Senate and House may accept small gifts, awards, or contributions
1099
if these favors do not influence them in the discharge of official duties.
1100
(j) Except as provided in Subsection (3), members of the Senate and the House may
1101
engage in business or professional activities with the state or its political subdivisions if the
1102
activities are entered into under the same conditions and in the same manner applicable to any
1103
private citizen or company engaged in similar activities.
1104
(k) Legislators may enter into transactions with the state by contract by following the
1105
procedures and requirements of Title 63, Chapter 56, Utah Procurement Code.
1106
(3) (a) As also required by Section
36-19-1
, a legislator, member of the legislator's
1107
household, or client may not be a party to or have an interest in the profits or benefits of a state
1108
contract when the state contract is the direct result of a bill sponsored by the legislator, unless
1109
the contract is let in compliance with state procurement policies and is open to the general
1110
public.
1111
(b) Besides the penalties authorized by these rules, Section
36-19-1
also provides that
1112
any person violating this section is guilty of a class B misdemeanor.
1113
Section 58.
JR6-1-201
is enacted to read:
1114
Part 2. Conflicts of Interest
1115
JR6-1-201. Declaring and Recording Conflicts of Interest.
1116
(1) As used in this section:
1117
(a) (i) "Business in which the legislator is associated" means any business in which a
1118
legislator is a director, officer, owner, member, partner, employee, or is a holder of stocks or
1119
bonds in the company that have a fair market value of $10,000 or more.
1120
(ii) "Business in which the legislator is associated" does not include business
1121
associations by members of the legislator's immediate family.
1122
(b) "Conflict of interest" means legislation or action by a legislator that the legislator
1123
reasonably believes may cause direct financial benefit or detriment to him, a member of the
1124
legislator's immediate family, or a business in which the legislator is associated, and that
1125
benefit or detriment is distinguishable from the effects of that action on the public or on the
1126
legislator's profession, occupation, or association generally.
1127
(c) "Immediate family" means the legislator's spouse and children living in the
1128
legislator's immediate household.
1129
(2) (a) (i) A legislator shall file a Declaration of Conflict of Interest form with the
1130
Secretary of the Senate if the legislator is a Senator, or with the Chief Clerk of the House of
1131
Representatives if the legislator is a Representative, to satisfy that legislator's disclosure of any
1132
conflicts of interest as required by Subsection (1) and Utah Code Section
76-8-109
.
1133
(ii) The legislator shall file the form when:
1134
(A) the legislator takes the oath of office; and
1135
(B) the legislator changes employment.
1136
(b) This Declaration of Conflict of Interest form shall include:
1137
(i) the businesses in which the legislator is associated; and
1138
(ii) the general legislative subject areas in which the legislator may have a conflict of
1139
interest.
1140
(c) This Declaration of Conflict of Interest form is available to the public.
1141
(3) (a) Before or during any vote on legislation or any legislative matter in which a
1142
legislator has actual knowledge that he has a conflict of interest which is not stated on the
1143
conflict of interest form, that legislator shall orally declare to the committee or body before
1144
which the matter is pending that the legislator may have a conflict of interest and what that
1145
conflict is.
1146
(b) The Secretary of the Senate or the Chief Clerk shall:
1147
(i) direct committee secretaries to note the declaration of conflict of interest in the
1148
minutes of any committee meeting; and
1149
(ii) ensure that each declaration of conflict declared on the floor is noted in the Senate
1150
Journal or House Journal.
1151
(4) This requirement of disclosure of any conflict of interest does not prohibit a
1152
legislator from voting on any legislation or legislative matter.
1153
Section 59.
JR6-1-202
is enacted to read:
1154
JR6-1-202. Disclosure of Outside Remuneration.
1155
(1) As used in this section:
1156
(a) "Person" includes an individual, partnership, association, organization, company,
1157
and bodies politic and corporate or a lobbyist from any of these.
1158
(b) "Person" does not include a person who provides the legislator's primary source of
1159
income.
1160
(2) If any person provides remuneration to a legislator to compensate that legislator for
1161
a loss of salary or income while the Legislature is in session, that legislator shall file a written
1162
disclosure identifying:
1163
(a) that the legislator receives remuneration; and
1164
(b) the name of the person who provides the remuneration.
1165
(3) (a) The legislator shall file the disclosure by February 1 of each year with:
1166
(i) the Secretary of the Senate, if the legislator is a Senator; or
1167
(ii) the Chief Clerk of the House of Representatives, if the legislator is a
1168
Representative.
1169
(b) This disclosure is available to the public.
1170
Section 60.
JR6-2-101
is enacted to read:
1171
CHAPTER 2. HOUSE AND SENATE ETHICS COMMITTEES
1172
Part 1. Membership, Meetings, and Staff
1173
JR6-2-101. Ethics Committees -- Membership -- Jurisdiction.
1174
(1) There is established a Senate Ethics Committee and a House Ethics Committee.
1175
(2) The Senate Ethics Committee shall be composed of:
1176
(a) the chair and three additional members appointed by the President of the Senate;
1177
and
1178
(b) the cochair and three additional members appointed by the Senate minority leader.
1179
(3) The House Ethics Committee shall be composed of:
1180
(a) the chair and three additional members appointed by the Speaker of the House of
1181
Representatives; and
1182
(b) the cochair and three additional members appointed by the House minority leader.
1183
(4) Members of the committees shall serve two year terms.
1184
(5) If a complaint is filed against any member of the respective ethics committees, the
1185
President of the Senate or the Speaker of the House shall appoint another member of the Senate
1186
or House to serve in that member's place while the complaint is under review.
1187
Section 61.
JR6-2-102
is enacted to read:
1188
JR6-2-102. Ethics Committee -- Meetings and Staff.
1189
(1) The Senate and House Ethics Committees shall operate as both standing and
1190
interim committees.
1191
(2) The committees shall meet as necessary, either as called at the discretion of the
1192
chair or by a majority vote of the committee.
1193
(3) A majority of the committee is a quorum.
1194
(4) The staff of the committees consists of:
1195
(a) the director of the Office of Legislative Research and General Counsel;
1196
(b) the Legislative General Counsel; and
1197
(c) any other members of the staff of that office designated by the director.
1198
Section 62.
JR6-2-201
is enacted to read:
1199
Part 2. Jurisdiction and Powers of Ethics Committee
1200
JR6-2-201. Ethics Committee -- Jurisdiction.
1201
The Senate Ethics Committee and House Ethics Committee shall review and adjudicate
1202
any charges brought against a member of the Senate or House for acts that violate:
1203
(1) the Code of Official Conduct; or
1204
(2) any law, rule, regulation, or other standard of conduct applicable to the conduct of a
1205
member of the Senate or House in the performance of legislative responsibilities, if the conduct
1206
would reflect discredit upon the Senate or House as a whole.
1207
Section 63.
JR6-2-202
is enacted to read:
1208
JR6-2-202. Powers -- Subpoena -- Contempt.
1209
(1) In hearing and processing all complaints, the rules established by this Title 6 govern
1210
the procedures to be followed by the Senate and House Ethics Committees.
1211
(2) (a) For all proceedings authorized by this title, the chair and the Director of the
1212
Office of Legislative Research and General Counsel may require, by subpoena or otherwise,
1213
the attendance and testimony of witnesses and the production of any materials that the
1214
committee considers necessary.
1215
(b) The committee chair may direct staff to:
1216
(i) issue subpoenas to require the attendance of witnesses;
1217
(ii) issue subpoenas to direct the production of evidence; or
1218
(iii) issue subpoenas that require both attendance and production of evidence.
1219
(3) (a) (i) The witness's disobedience to the chair's direction to answer a question, to a
1220
subpoena to appear, to a subpoena to produce evidence, or to a subpoena that requires both
1221
attendance and production of evidence, constitutes contempt.
1222
(ii) The chair's direction to answer a question may only be overruled by a vote of the
1223
majority of the committee members present.
1224
(iii) Because the object of the Fifth Amendment privilege not to incriminate oneself is
1225
so that no criminal action will be prosecuted, it is improper for a witness to invoke the Fifth
1226
Amendment privilege if the witness cannot be prosecuted for the crime to which the witness's
1227
testimony relates.
1228
(b) A majority of the members of the committee may compel obedience to the
1229
requirements of the committee by directing staff to file a contempt proceeding in state district
1230
court against any person who:
1231
(i) fails to comply with a subpoena or a subpoena duces tecum;
1232
(ii) refuses to answer a question relevant to the investigation that does not infringe on
1233
the person's constitutional rights; or
1234
(iii) is guilty of contempt on any other grounds specified in statute or recognized at
1235
common law.
1236
Section 64.
JR6-3-101
is enacted to read:
1237
CHAPTER 3. FILING COMPLAINTS ALLEGING A
1238
VIOLATION OF LEGISLATIVE ETHICS
1239
JR6-3-101. Complaints -- Filing -- Form.
1240
(1) Any legislator who wishes to file an ethics complaint against another legislator
1241
shall file a written complaint:
1242
(a) with the President of the Senate and the chair of the Senate Ethics Committee, if the
1243
complaint is against a Senator; or
1244
(b) with the Speaker of the House and the chair of the House Ethics Committee, if the
1245
complaint is against a Representative.
1246
(2) (a) The legislator filing the complaint shall ensure that it contains the following
1247
information:
1248
(i) the name and position or title of the person alleged to be in violation, who is the
1249
respondent;
1250
(ii) the name and address of at least three Senators, if the respondent is a Senate
1251
member, or at least three Representatives, if the respondent is a House member, who are filing
1252
the complaint, who are the complainants;
1253
(iii) the nature of the alleged violation;
1254
(iv) subject to Subsection (1)(b), any facts alleged to support the complaint; and
1255
(v) all documents that support the complaint as an attachment to it.
1256
(b) If any of the facts supporting the complaint are based upon the information and
1257
belief of the complainants, the complaint shall state that the facts are presented "upon
1258
information and belief" and give the basis for that information and belief.
1259
Section 65.
JR6-4-101
is enacted to read:
1260
CHAPTER 4. ETHICS COMMITTEE PROCEDURES FOR EVALUATING
1261
AND ADJUDICATING COMPLAINTS
1262
Part 1. Notice and Review of Ethics Complaint for Sufficiency and Jurisdiction
1263
JR6-4-101. Review of Ethics Complaint for Compliance with Form Requirements
1264
and Notice of Complaint To Committee Members.
1265
(1) (a) Within five days after receipt of the complaint, the staff of the committee, in
1266
consultation with the chair and cochair, shall examine each complaint to determine if it is in
1267
compliance with
JR6-3-101
.
1268
(b) (i) If the chair and cochair determine that the complaint does not comply with
1269
JR6-3-101
, the chair shall return the complaint to the complainants with a copy of the
1270
legislative rules on ethics.
1271
(ii) The complainants may resubmit the complaint.
1272
(c) If the chair and cochair determine that the complaint complies with this title, the
1273
chair shall:
1274
(i) accept the complaint;
1275
(ii) notify each member of the ethics committee that the complaint has been filed; and
1276
(iii) provide each member of the ethics committee with a copy of the complaint.
1277
(2) No committee member or staff may disclose publically any information received by
1278
the committee concerning any alleged violation until the member of the Senate or House
1279
charged in the violation has received the Summary of the Preliminary Inquiry required by
1280
JR6-4-206
.
1281
Section 66.
JR6-4-102
is enacted to read:
1282
JR6-4-102. First Ethics Committee Meeting -- Jurisdictional and Claim Review.
1283
(1) Within 30 days after the complaint is accepted, the chair and cochair shall:
1284
(a) schedule an ethics committee meeting; and
1285
(b) place the ethics complaint on the agenda for consideration at that meeting with the
1286
recommendation that:
1287
(i) the complaint be considered; or
1288
(ii) the complaint be dismissed because it fails to allege facts that constitute a violation.
1289
(2) (a) At the ethics committee meeting, the committee shall determine:
1290
(i) whether or not the alleged violation in the complaint is within the jurisdiction of the
1291
committee; and
1292
(ii) whether or not the complaint merits further inquiry.
1293
(b) The chair shall notify the complainants and respondent, in writing, of the
1294
determination made by the committee.
1295
(3) If the committee determines that the complaint merits further inquiry, the
1296
committee meeting shall become a preliminary inquiry to determine whether the alleged
1297
violation occurred.
1298
Section 67.
JR6-4-201
is enacted to read:
1299
Part 2. Preliminary Inquiry
1300
JR6-4-201. General Rules Governing Preliminary Inquiries.
1301
(1) The scope of the preliminary inquiry is limited to the alleged violations stated in the
1302
complaint.
1303
(2) (a) Only relevant or material evidence is admissible in the preliminary inquiry.
1304
(b) The chair's determination of admissibility is final and may only be overruled by a
1305
majority vote of the committee.
1306
(3) At the beginning of the preliminary inquiry, in order to expedite the committee's
1307
investigation and to facilitate a rapid resolution of the matter, the committee cochairs and the
1308
respondent may agree in writing that the procedural requirements of Part 3, Disciplinary
1309
Hearing, are waived.
1310
(4) (a) The preliminary inquiry is closed to the public.
1311
(b) The respondent and the respondent's counsel may be present during the presentation
1312
of testimony and evidence to the committee.
1313
(c) Only Ethics Committee members and staff may be present during other portions of
1314
the preliminary inquiry.
1315
(5) Except for the official record, no camera or recording device may be brought in or
1316
used in the preliminary inquiry.
1317
(6) Upon consent of a majority of its members, the committee may permit any person,
1318
not compelled or invited, to appear and testify at a hearing or submit a sworn written statement
1319
of facts or other documentary evidence for incorporation into the record.
1320
(7) (a) The release of any testimony or other evidence presented at a closed hearing and
1321
the form and manner of that release shall be by a majority vote of all members of the
1322
committee.
1323
(b) Committee members and committee staff may not publicly disclose any other part
1324
of the preliminary inquiry.
1325
(8) If a majority of the committee determines that further evidence and testimony are
1326
necessary, the committee shall:
1327
(a) adjourn and continue the preliminary inquiry hearing to a future date; and
1328
(b) establish that future date by majority vote.
1329
Section 68.
JR6-4-202
is enacted to read:
1330
JR6-4-202. Chair as Presiding Judge.
1331
(1) The committee chair is vested with the power to direct the committee in the
1332
preliminary inquiry.
1333
(2) (a) If a committee member objects to a decision of the chair, that member may
1334
appeal the decision to the committee by stating: "I appeal the decision of the chair."
1335
(b) This motion is non-debatable.
1336
(c) The chair shall direct a roll call vote to determine if the committee membership
1337
supports the decision of the chair.
1338
(d) A majority vote of the committee is necessary to overrule the decision of the chair.
1339
(3) The chair may set time limitations on any part of the preliminary inquiry.
1340
Section 69.
JR6-4-203
is enacted to read:
1341
JR6-4-203. Testimony and Examination of Witnesses -- Oath -- Contempt.
1342
(1) At the direction of the committee chair and cochair, the committee may hear the
1343
testimony of the complainants, the respondent, and witnesses.
1344
(2) (a) Each witness shall testify under oath.
1345
(b) Legislative General Counsel shall administer the oath to each witness.
1346
(3) The chair shall permit the witness to make a brief opening statement if the witness
1347
desires.
1348
(4) The committee chair shall direct the examination of the witness as follows:
1349
(a) After the witness's presentation, the chair shall:
1350
(i) give committee members the opportunity to question the witness; and
1351
(ii) give the respondent the opportunity to question the witness.
1352
(b) The committee chair may allow further examination of the witness by the
1353
committee, committee staff, or the respondent.
1354
(5) (a) If the witness objects to a question, the chair may direct the witness to answer.
1355
(b) If the witness still declines to answer the question, the witness may be held in
1356
contempt as provided in
JR6-2-202
.
1357
(6) (a) The committee chair shall direct each witness to furnish any relevant evidence
1358
for the committee's consideration if the witness has brought the material voluntarily or has been
1359
required to bring it by subpoena.
1360
(b) If the witness declines to provide evidence in response to a subpoena, the witness
1361
may be held in contempt as provided in
JR6-2-202
.
1362
(7) The chair may allow a witness to insert into the record a sworn written statement of
1363
reasonable length that is relevant to the purpose, subject matter, and scope of the investigation.
1364
Section 70.
JR6-4-204
is enacted to read:
1365
JR6-4-204. Right to Counsel -- Limitations on Counsel.
1366
(1) Any witness testifying before the committee may have the witness's counsel
1367
present.
1368
(2) During the preliminary inquiry, counsel for a witness shall confine his activity
1369
exclusively to private advice to his client about the witness's legal rights.
1370
(3) Counsel for a witness may not:
1371
(a) advise the witness during the witness's testimony, except when specifically
1372
requested by the witness;
1373
(b) address the committee;
1374
(c) ask questions of any witness, including the counsel's client; or
1375
(d) engage in oral arguments with the committee.
1376
(4) Because the committee seeks factual testimony within the personal knowledge of
1377
the witness, the witness's counsel may not suggest testimony and answers to the witness during
1378
the inquiry, but must allow the witness to present testimony and answer questions without
1379
prompting or suggestions.
1380
(5) If the witness's counsel fails to comply with any of the requirements of this
1381
JR6-4-204
, the chair may exclude the counsel from the preliminary inquiry.
1382
Section 71.
JR6-4-205
is enacted to read:
1383
JR6-4-205. Rights of the Respondent.
1384
The chair shall give the respondent an opportunity to respond, orally or in writing, to
1385
the allegations stated in the complaint.
1386
Section 72.
JR6-4- 206
is enacted to read:
1387
JR6-4- 206. Record.
1388
(1) The chair shall ensure that:
1389
(a) a record of the preliminary inquiry is made; and
1390
(b) the record includes:
1391
(i) rulings of the chair;
1392
(ii) questions of the committee and its staff;
1393
(iii) the testimony and responses of witnesses;
1394
(iv) sworn statements submitted to the committee;
1395
(v) relevant documents; and
1396
(vi) any other matters that the committee or its chair directs.
1397
(2) After the preliminary inquiry is completed, the staff of the committee shall keep a
1398
file containing a comprehensive summary of the inquiry.
1399
Section 73.
JR6-4-207
is enacted to read:
1400
JR6-4-207. Process for Making a Decision -- Remedies -- Publication of Decision.
1401
(1) If, at the conclusion of the preliminary inquiry in which the procedural
1402
requirements of Part 3, Disciplinary Hearing, are not waived, the committee determines, by a
1403
preponderance of the evidence, that there is reason to believe that the alleged violation did
1404
occur, the committee shall direct staff to prepare a Summary of the Preliminary Inquiry.
1405
(2) If, at the conclusion of the preliminary inquiry in which the procedural
1406
requirements of Part 3, Disciplinary Hearing, are waived, the committee determines, by clear
1407
and convincing evidence, that the alleged violation did occur, the committee shall direct staff to
1408
prepare a Summary of the Preliminary Inquiry.
1409
(3) (a) After the announcement of the committee's decision in the Summary of the
1410
Preliminary Inquiry, if the procedural requirements of Part 3, Disciplinary Hearing, have been
1411
waived, the committee shall determine what recommendation should be made to the Senate or
1412
House with respect to any count that has been proved as provided in Subsection (4).
1413
(b) The committee may not hear any further testimony during the preliminary inquiry,
1414
except by a majority vote of the committee.
1415
(4) (a) A count is not proved unless a majority of the committee so determine by vote.
1416
(b) A count that is not proved is dismissed.
1417
(c) If a majority of the committee does not vote that a count has been proved, a motion
1418
to reconsider that vote may only be made by a member of the committee who voted that the
1419
count was not proved.
1420
(5) (a) The committee may, for any count that has been voted as proved, recommend
1421
one or more of the following actions:
1422
(i) censure;
1423
(ii) expulsion;
1424
(iii) denial or limitation of any right, power, or privilege of the respondent, if, under the
1425
Utah Constitution, the Senate or House may impose that denial or limitation, and if the
1426
violation bears upon the exercise or holding of any right, power, or privilege; or
1427
(iv) any other action that the committee determines is appropriate.
1428
(b) If a majority of the committee does not vote in favor of the recommendation for
1429
action, a motion to reconsider may only be made by a member of the committee who voted
1430
against the recommendation.
1431
Section 74.
JR6-4-301
is enacted to read:
1432
Part 3. Disciplinary Hearing
1433
JR6-4-301. Disciplinary Hearing -- General Provisions.
1434
(1) If there is no waiver of the disciplinary hearing as provided in
JR6-4-201
(3), the
1435
Senate and House Ethics Committees shall follow the procedures in this part to prepare for and
1436
conduct a disciplinary hearing.
1437
(2) (a) Before beginning any disciplinary hearing, the committee shall:
1438
(i) adopt a statement establishing the scope and purpose of the hearing; and
1439
(ii) provide a copy of the statement to each witness.
1440
(b) The scope and purpose of the hearing may expand or contract during the hearing,
1441
depending upon the evidence received.
1442
(3) The respondent has the right to counsel during all stages of the disciplinary hearing.
1443
(4) The disciplinary hearing is open to the public.
1444
Section 75.
JR6-4-302
is enacted to read:
1445
JR6-4-302. Appointment of Special Prosecutor.
1446
(1) (a) The chair shall appoint a special prosecutor.
1447
(b) This special prosecutor shall be paid by the Senate if it is a Senate Ethics
1448
Committee or the House if it is a House Ethics Committee.
1449
(2) The special prosecutor shall:
1450
(a) prepare the Statement of Alleged Violation as provided in
JR6-4-303
; and
1451
(b) act as prosecutor against the respondent in the disciplinary hearing.
1452
Section 76.
JR6-4-303
is enacted to read:
1453
JR6-4-303. Statement of Alleged Violation.
1454
(1) In preparing the Statement of Alleged Violation, the special prosecutor shall, after
1455
reviewing the Summary of the Preliminary Inquiry, ensure that:
1456
(a) the statement is divided into separate counts; and
1457
(b) each count alleges a separate violation and includes the facts that support each
1458
alleged violation.
1459
(2) After completing the Statement of Alleged Violation, the special prosecutor shall:
1460
(a) review the statement with the committee chair and committee staff;
1461
(b) obtain approval of the statement from the committee chair; and
1462
(c) transmit the Statement of Alleged Violation to the respondent and to the
1463
complainants.
1464
Section 77.
JR6-4-304
is enacted to read:
1465
JR6-4-304. Response to Statement of Alleged Violation.
1466
(1) Within 30 calendar days after receipt of the Statement of Alleged Violation, the
1467
respondent may file a written response to the statement, which must be signed by the
1468
respondent or the respondent's counsel.
1469
(2) The respondent shall limit the response to the following:
1470
(a) an admission or denial of each count, under oath, with any supportive evidence or
1471
relevant information;
1472
(b) an objection to any or all counts on the grounds that the count fails to state facts
1473
that constitute a violation of the Code of Official Conduct or any law, rule, regulation, or other
1474
standard of conduct applicable to a member of the Senate or House in the performance of
1475
legislative responsibilities;
1476
(c) an objection to the jurisdiction of the committee considering the allegations
1477
contained in the statement;
1478
(d) a motion for a more detailed statement regarding the cause of action stated in the
1479
complaint; or
1480
(e) an objection to the participation of any member of the committee, the committee's
1481
staff, or the special prosecutor on the grounds that that person would be unable to render a fair
1482
and impartial judgment or investigation.
1483
(3) If the respondent fails to submit a response to the Statement of Alleged Violation or
1484
to any count contained in it, the statement or count constitutes an admission of the alleged
1485
violation.
1486
Section 78.
JR6-4-305
is enacted to read:
1487
JR6-4-305. Committee Action on Statement of Alleged Violation and Response.
1488
(1) (a) Within 30 calendar days after receipt of the respondent's response or the
1489
respondent's failure to respond within that time, the committee shall determine, by majority
1490
vote, to:
1491
(i) dismiss the complaint;
1492
(ii) grant or deny the respondent's motion for a more detailed statement, and if this
1493
motion is granted, direct the special prosecutor to give more detail in the Statement of Alleged
1494
Violation and give the respondent 30 days from receipt of this statement to respond as provided
1495
in
JR6-4-304
;
1496
(iii) hold a disciplinary hearing; or
1497
(iv) defer action, if a judicial proceeding is pending.
1498
(b) If the committee is unable to obtain a majority vote directing further proceedings
1499
against the respondent, the statement and complaint are considered dismissed.
1500
(2) The chair shall ensure that the respondent and complainants are notified, in writing,
1501
of the action taken by the committee.
1502
(3) The chair may:
1503
(a) extend any time limitation, if the extension would facilitate a fair and complete
1504
inquiry; or
1505
(b) shorten any time limitation, if special circumstances require it.
1506
(4) (a) If an objection to the participation of any person is raised in the respondent's
1507
response under
JR6-4-304
(2)(e), the committee, by majority vote, shall:
1508
(i) evaluate the person against whom the objection is raised to determine whether or
1509
not the person can fairly and impartially participate; and
1510
(ii) by majority vote, determine whether or not to allow that person to participate.
1511
(b) If a majority of the committee does not agree to exclude the person, the person may
1512
participate.
1513
Section 79.
JR6-4-306
is enacted to read:
1514
JR6-4-306. Disciplinary Hearing -- General Requirements -- Two Phases.
1515
The disciplinary hearing is open to the public and consists of two phases:
1516
(1) In Phase I, the committee must determine whether or not the counts in the
1517
Statement of Alleged Violation have been proved by clear and convincing evidence.
1518
(2) In Phase II, the committee must determine what recommendation should be made
1519
to the Senate or House with respect to any count that has been proved.
1520
Section 80.
JR6-4-307
is enacted to read:
1521
JR6-4-307. Disciplinary Hearing Process -- Phase 1, Adjudication Phase.
1522
(1) The chair shall:
1523
(a) call the meeting to order;
1524
(b) describe the committee's authority to conduct the hearing;
1525
(c) inform the committee, the respondent, and the attendees of the purpose and scope
1526
of the hearing; and
1527
(d) proceed with the hearing.
1528
(2) Witnesses and evidence shall be received in the following order whenever possible:
1529
(a) witnesses and evidence offered by the special prosecutor;
1530
(b) witnesses and evidence offered by the respondent; and
1531
(c) rebuttal witnesses.
1532
(3) All witnesses shall testify under oath.
1533