S.R. 1 Enrolled

SENATE RULES RESOLUTION - RULES
COMMITTEE AND LOBBYING PRACTICES
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: L. Steven Poulton
A RESOLUTION OF THE SENATE REVISING SENATE RULES; ESTABLISHING THE
POWERS OF THE SENATE RULES COMMITTEE; ENACTING SENATE RULES
RELATING TO LOBBYISTS; DEFINING TERMS; PROHIBITING CERTAIN PRACTICES;
ESTABLISHING A COMPLAINT, INVESTIGATION, AND ENFORCEMENT PROCESS FOR
VIOLATIONS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE
DATE.
This resolution affects legislative rules as follows:
AMENDS:
SR-20.05
SR-25.01
ENACTS:
SR-38.01
SR-38.02
SR-38.03
SR-38.04
SR-38.05
REPEALS AND REENACTS:
SR-24.01
SR-24.02
SR-24.03
Be it resolved by the Senate of the state of Utah:
Section 1. SR-20.05 is amended to read:
SR-20.05. Duties of the President.
(1) The general duties of the President are to:

[(1)] (a) assign responsibilities to and supervise the officers and employees of the Senate;
[(2)] (b) assign places and determine access for news media representatives;
[(3)] (c) call the Senate to order at the time scheduled for convening, and proceed with the
daily order of business;
[(4)] (d) announce the business before the Senate in the order it is to be acted upon;
[(5)] (e) receive and submit in the proper manner all motions and proposals presented by
Senators;
[(6) (a) except as provided in SR-23.13, assign all bills to a standing committee; and]
[(b) during the interim, assign prefiled bills to an interim committee;]
[(7) (a) order a bill printed in the number of copies he considers necessary as provided in
JR-4.29; or]
[(b) if a bill has already been printed in the House, notify the person or committee in the
House responsible for ordering the printing of bills before ordering an identical Senate bill printed;]
[(8)] (f) put to a vote all questions which arise in the course of the proceedings, and
announce the results of the vote;
[(9)] (g) enforce the rules of order during debate;
[(10)] (h) enforce observance of order and decorum;
[(11)] (i) inform the Senate on any point of order or practice;
[(12)] (j) receive and announce to the Senate any official messages and communications;
[(13)] (k) sign all acts, orders, and proceedings of the Senate;
[(14)] (l) appoint the members of committees;
[(15)] (m) represent the Senate, declaring its will and obeying its commands; and
[(16)] (n) sign or authorize a designee to sign all requisitions on the Division of Finance to
pay Senate expenses.
(2) The President shall give final approval of all expenditure requests as authorized by the
majority and minority leaders of the Senate[. These include], including per diem compensation
[and], travel expenses, and in-state and out-of-state travel on legislative business.
Section 2. SR-24.01 is repealed and reenacted to read:

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SR-24.01. Senate Rules Committee; Duties.
(1) All legislation introduced shall be submitted to the Senate Rules Committee.
(2) The Senate Rules Committee shall:
(a) prepare the Senate Rules and Joint Rules and report them to the Senate for approval,
amendment, or disapproval before adjournment on the second day of each annual general session;
(b) examine each bill for proper form and order the bills printed;
(c) refer each bill to the Senate with a recommendation that:
(i) the legislation be referred to a standing committee for consideration;
(ii) the legislation be placed directly onto the second reading calendar;
(iii) the legislation be read the second time and placed onto the consent calendar; or
(d) during the last week of the legislative session, the legislation be read the second time and
placed onto the third reading calendar.
(3) Before sending a bill to a standing committee, the Senate Rules Committee, in carrying
out its responsibilities under Subsection (2), may amend or substitute a bill only if the committee has
the written consent of the sponsor.
Section 3. SR-24.02 is repealed and reenacted to read:
SR-24.02. Senate Rules Committee to Establish Calendar.
The Senate Rules Committee shall prioritize every bill for committee and floor action and
review and update this priority as necessary for the calendar.
Section 4. SR-24.03 is repealed and reenacted to read:
SR-24.03. Legislation Scheduled for Time Certain has Priority in Committee.
(1) The Senate Rules Committee may recommend a time certain for floor consideration of
any bill when it is reported out of the Senate Rules Committee, or at any time after the bill is
reported out of the Senate Rules Committee.
(2) A bill scheduled for a time certain has priority status in the standing committee to which
it is assigned.
Section 5. SR-25.01 is amended to read:
SR-25.01. Calendaring Interim Committee Bills.

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(1) An interim committee bill [which] that has been approved by a majority vote of the
interim committee members, shall be read for the first time and referred to the [President of the
Senate] Rules Committee for calendaring.
(2) The [President] Rules Committee may refer the bill to the calendar without standing
committee review, or may refer the bill to a standing committee.
(3) (a) If the [President] Rules Committee calendars the bill without standing committee
review, the sponsor or any three Senators may, within two working days, request that the bill be
reviewed by a standing committee [prior to a] before the bill's consideration on the floor.
(b) The President shall then assign the bill to the appropriate committee.
38. LOBBYIST ETHICS AND ENFORCEMENT.
Section 6. SR-38.01 is enacted to read:
SR-38.01. Definitions.
As used in this Senate Rule:
(1) (a) "Government official" means:
(i) an individual elected to a position in state or local government when acting within his
official capacity; and
(ii) an individual appointed to or employed in a full-time or part-time position by state or
local government when acting within the scope of employment or within his official capacity.
(b) "Government official" does not mean a member of the legislative branch of state
government.
(2) "Lobbyist" has the meaning identified in Subsections 36-11-102 (9)(a) and (b).
(3) (a) "Volunteer lobbyist" means a person not registered as a lobbyist who engages in
lobbying within the meaning of Subsection 36-11-102 (8).
(b) "Volunteer lobbyist" does not mean an individual who appears on the individual's own
behalf to engage in lobbying within the meaning of Subsection 36-11-102 (8).
Section 7. SR-38.02 is enacted to read:
SR-38.02. Lobbyist Code of Ethics.
A lobbyist, volunteer lobbyist, or government official may not:

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(1) attempt to influence any legislator or legislative employee by means of deceit or by threat
of violence or economic or political reprisal against any person or property, with intent by doing so
to alter or affect the legislator's or legislative employee's decision, vote, opinion, or action concerning
any matter that is to be considered or performed by him or the agency or body of which he is a
member;
(2) knowingly provide false information to any legislator or legislative employee as to any
material fact pertaining to any legislation;
(3) knowingly omit, conceal, or falsify in any manner information required by the lobbyist
registration and lobbyist disclosure reports;
(4) participate in leadership races of the Senate;
(5) cause or influence the introduction of any bill or amendment for the purpose of
afterwards becoming employed to secure its passage or defeat;
(6) engage in sexually harassing behavior or behavior violative of the Utah Legislature's
sexual harassment policy towards legislators or employees of the Legislature;
(7) offer employment that would require or induce a legislator or legislative employee to
disclose records classified as private, protected, or controlled;
(8) use or disclose for any purpose any records classified as private, protected, or controlled
that were obtained from a legislator or legislative employee or conspire with any person for that
purpose; or
(9) induce or seek to induce any legislator or legislative employee into committing a
violation of any provision of this Senate rule.
Section 8. SR-38.03 is enacted to read:
SR-38.03. Enforcement; Written Complaint.
(1) To initiate an ethics complaint against a lobbyist, volunteer lobbyist, or government
official who has violated the Lobbyist Code of Ethics established in SR-38.02, two Senators from
one party and one Senator from another party shall sign and file a written complaint with the
President of the Senate.
(2) The written complaint shall contain:

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(a) the name of each of the Senators who is filing the complaint;
(b) the name of the lobbyist, volunteer lobbyist, or government official who is the subject
of the complaint;
(c) the nature of the alleged violation, citing specifically to the provisions of SR-38.02 that
the lobbyist, volunteer lobbyist, or government official is alleged to have violated;
(d) all documents that support the complaint as an attachment to it; and
(e) any facts alleged to support the complaint.
(3) (a) Any complaint filed under this rule is a protected record under Title 63, Chapter 2,
Government Records Access and Management Act, until referred to the Investigating Committee
for action, because disclosure of the information in the complaint would constitute a clearly
unwarranted invasion of personal privacy whose disclosure is not in the public interest.
(b) Any complaint filed under this rule that is withdrawn by the complainants is a protected
record under Title 63, Chapter 2, Government Records Access and Management Act, because
disclosure of the information in the complaint would constitute a clearly unwarranted invasion of
personal privacy whose disclosure is not in the public interest.
Section 9. SR-38.04 is enacted to read:
SR-38.04. Enforcement; Meeting of the parties and witnesses.
(1) After receiving the complaint, the President shall meet with the legislators who filed the
complaint, the lobbyist, volunteer lobbyist, or government official who is the subject of the
complaint, and any other persons who have relevant information about the complaint.
(2) If, after that meeting, all three of the Senators who signed the complaint wish to proceed
with the complaint, they shall, within 14 calendar days from the date of the meeting, send a letter to
the President requesting that the President appoint a committee to investigate the complaint.
Section 10. SR-38.05 is enacted to read:
SR-38.05. Enforcement -- Investigating Committee.
(1) (a) Within 14 calendar days after receipt of a letter requesting the appointment of a
committee to investigate the complaint, the President shall:
(i) appoint a committee composed of five members, three from the majority party and two

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from the minority party, to investigate the complaint; and
(ii) designate one Senator as the committee chair.
(b) The President may not appoint a Senator who signed the complaint to the Investigating
Committee.
(2) (a) The chair of the committee shall schedule a committee meeting to investigate the
complaint.
(b) (i) The committee shall comply with the procedures and requirements of Title 52,
Chapter 4, Open and Public Meetings, including the procedures and requirements for closing a
meeting.
(ii) The Office of Legislative Research and General Counsel shall staff the committee.
(c) (i) At the hearing, the committee shall review the complaint.
(ii) The committee may allow the legislators who filed the complaint to address and be
questioned by the committee.
(iii) The committee shall provide the lobbyist, volunteer lobbyist, or government official
who is the subject of the complaint with the opportunity to address and be questioned by the
committee.
(iv) The committee may allow other persons with information relevant to the complaint to
address and be questioned by the committee.
(v) (A) The complainants, the lobbyist, volunteer lobbyist, or government official, and any
witness appearing before the committee may have legal counsel present.
(B) That counsel may privately advise their client about the client's legal rights when
specifically requested to do so by their client, but may not address the committee, ask questions of
any party or witness, or engage in oral arguments with the committee.
(C) If counsel fails to abide by any of these rules, the committee may exclude the counsel
from the meeting.
(d) Upon completion of the investigation, the committee shall report to the President
recommending what action, if any, should be taken against the lobbyist, volunteer lobbyist, or
government official.

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(3) The President, after reviewing the committee's recommendation, may take appropriate
action.
Section 11. Effective date.
This resolution takes effect upon approval by a constitutional majority vote of all members
of the Senate.

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