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H.J.R. 5
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5 A JOINT RESOLUTION OF THE LEGISLATURE REVISING JOINT RULES; MAKING
6 TECHNICAL REVISIONS TO JOINT RULES; AND PROVIDING AN EFFECTIVE DATE.
7 This resolution affects legislative rules as follows:
8 AMENDS:
9 JR-4.06
10 JR-4.12
11 JR-4.22
12 JR-4.27
13 JR-4.40
14 JR-6.01
15 JR-6.03
16 JR-7.05
17 JR-10.01
18 JR-16.04
19 JR-19.03
20 Be it resolved by the Legislature of the state of Utah:
21 Section 1. JR-4.06 is amended to read:
22 JR-4.06. Form of Resolutions.
23 Every resolution shall contain:
24 (1) a designation;
25 (2) a short title;
26 (3) the year and type of legislative session in which the resolution is to be introduced;
27 (4) the phrase "State of Utah";
28 (5) the sponsor's name;
29 (6) a long title;
30 (7) a list of legislative rules or constitutional sections affected, if applicable;
31 [
32 [
33 [
34 [
35 Section 2. JR-4.12 is amended to read:
36 JR-4.12. Enacting Clause.
37 The [
38 form:
39 Be it enacted by the Legislature of the state of Utah:
40 Section 3. JR-4.22 is amended to read:
41 JR-4.22. Bills; Requests; Drafting; Copies; Notes.
42 (1) (a) A member desiring to introduce a bill shall file a Request for Legislation with the
43 Office of Legislative Research and General Counsel.
44 (b) The request shall designate the chief sponsor.
45 (c) A bill may have two types of sponsors:
46 (i) a chief sponsor who is knowledgeable about and responsible for providing pertinent
47 information as the bill is processed; and
48 (ii) supporting legislators who wish to cosponsor the bill.
49 (2) (a) When a member files a Request for Legislation, the Office of Legislative Research
50 and General Counsel shall:
51 (i) review the request and any accompanying bill; and
52 (ii) with the approval of the sponsor, prepare the legislation for introduction by making
53 any changes necessary to:
54 (A) insure that it is in proper legal form;
55 (B) remove any ambiguities;
56 (C) avoid constitutional or statutory conflicts;
57 (D) insure a uniform system of punctuation, capitalization, numbering, and wording;
58 (E) eliminate duplication and repeal of laws directly or by implication;
59 (F) correct defective or inconsistent section and paragraph structure in arrangement of the
60 subject matter of existing statutes;
61 (G) eliminate all obsolete and redundant words; and
62 (H) correct obvious errors and inconsistencies in punctuation, capitalization, numbering,
63 and wording.
64 (b) Legislative General Counsel shall indicate on the first page of the bill the drafting
65 attorney's approval of the bill.
66 (3) The Office of Legislative Research and General Counsel shall reproduce ten copies of
67 the approved bill and deliver:
68 (a) seven of them to the Chief Clerk or the Secretary; and
69 (b) three of them to the Legislative Fiscal Analyst for fiscal notes.
70 (4) (a) The Director of the Office of Legislative Research and General Counsel shall note
71 on any bill reviewed by an interim committee that the committee recommends the bill or has voted
72 the bill out without recommendation.
73 (b) This interim committee [
74 (5) (a) Any Request for Legislation filed directly with the Office of Legislative Research
75 and General Counsel, with an accompanying bill, shall be reviewed and approved by it within three
76 legislative days.
77 (b) A legislative review note shall be attached to the bill, together with any interim
78 committee note.
79 (c) This three day deadline may be extended if the Director of the Office of Legislative
80 Research and General Counsel requests it and states the reasons for the delay.
81 (6) (a) (i) When the Legislative Fiscal Analyst receives the approved bill, that office has
82 three legislative days to review the bill and provide a fiscal note to the sponsor of the legislation.
83 (ii) The fiscal note may be printed 24 hours after the sponsor receives it unless the sponsor
84 receives the fiscal note on a Friday, in which case the 24-hour period does not expire until the
85 following Monday.
86 (iii) The sponsor may direct an earlier release of the fiscal note for printing.
87 (iv) If the Legislative Fiscal Analyst determines the bill has no fiscal impact, it may be
88 ordered printed immediately after the sponsor has received a copy of the fiscal note, without a
89 24-hour delay.
90 (b) The three day deadline for the preparation of the fiscal note may be extended if the
91 Legislative Fiscal Analyst requests it and states the reasons for the delay.
92 (c) The fiscal note shall be printed with the bill.
93 (7) (a) The reports of the Legislative Fiscal Analyst and the Office of Legislative Research
94 and General Counsel shall be attached to the original copy of the bill.
95 (b) The report is not an official part of the bill.
96 Section 4. JR-4.27 is amended to read:
97 JR-4.27. Prefiling of Bills.
98 (1) Any legislator may prefile a bill commencing 60 days after each annual general session
99 during any year when no election is pending for that legislator.
100 (2) An incumbent legislator who is undefeated in his primary election may prefile bills,
101 after the primary election results are final.
102 (3) A legislator-elect may prefile a bill commencing on November 15 of each
103 even-numbered year.
104 (4) To prefile a bill, a legislator or legislator-elect shall deliver to the Office of Legislative
105 Research and General Counsel a copy of the bill in the form required by these rules for
106 introduction during the session. The bill shall be given a number which it shall retain throughout
107 the following annual general session.
108 (5) If an incumbent legislator is defeated in the general election, that legislator is ineligible
109 to prefile any bills as of that date. Any bills prefiled by the legislator prior to that time shall be
110 [
111 Legislature assumes sponsorship of that bill.
112 (6) If, for any reason, the sponsor of a prefiled bill is unavailable to serve in the next
113 annual general session, the bill shall be [
114 member of the Legislature assumes sponsorship of that bill.
115 Section 5. JR-4.40 is amended to read:
116 JR-4.40. Reservation of Bill Numbers.
117 (1) In annual general legislative sessions occurring in odd-numbered years, House Bill 1
118 is reserved for the Annual Appropriations bill, Senate Bill 1 is reserved for a Supplemental
119 Appropriations bill, House Bill 2 is reserved for the Revenue Bond bill, Senate Bill 2 is reserved
120 for the General Obligation Bond bill, House Bill 3 is reserved for the School Finance bill, and
121 Senate Bill 3 is reserved for the second Supplemental Appropriations bill[
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123 (2) In annual general legislative sessions occurring in even-numbered years, House Bill
124 1 is reserved for a Supplemental Appropriations bill, Senate Bill 1 is reserved for the Annual
125 Appropriations bill, House Bill 2 is reserved for the General Obligation Bond bill, Senate Bill 2
126 is reserved for the Revenue Bond bill, House Bill 3 is reserved for the second Supplemental
127 Appropriations bill, and Senate Bill 3 is reserved for the School Finance Bill[
128
129 Section 6. JR-6.01 is amended to read:
130 JR-6.01. Transmittal Letter Accompany Bill.
131 Every bill which is being transmitted between the two houses shall be accompanied by a
132 [
133 of Representatives, as the case may be.
134 Section 7. JR-6.03 is amended to read:
135 JR-6.03. By Whom Sent.
136 Any bill with its accompanying [
137 by an officer or employee designated by the Secretary of the Senate, if it is a Senate [
138 transmittal letter, or by the Chief Clerk, if it is a House [
139 [
140 Chief Clerk of the House of Representatives, respectively.
141 Section 8. JR-7.05 is amended to read:
142 JR-7.05. Presentation of Conference Report.
143 If it is a House bill, the conferees of the Senate shall present the report of the committee
144 first to the Senate. If it is a Senate bill, the conferees of the House shall present the report of the
145 committee first to the House. After adopting the conference committee report, the bill shall be put
146 at the top of the third reading calendar in that house for its consideration. When that house has
147 acted on the bill, it shall transmit the bill and the report to the other house, with a [
148 transmittal letter, certifying its action. Every report of a conference committee shall be read in each
149 house, before a vote is taken on the report.
150 Section 9. JR-10.01 is amended to read:
151 JR-10.01. Journal.
152 Each house shall keep a journal of its proceedings which shall be published daily. The
153 journal shall be based upon the record of the proceedings taken by the [
154 Clerk and the electronic recording of those proceedings. The Secretary of the Senate and the Chief
155 Clerk of the House of Representatives are responsible for the daily certification and the final
156 certification of the journal for their respective house.
157 The vote on final passage of all bills shall be by yeas and nays and entered upon the journal.
158 The yeas and nays on any other question shall be similarly entered on the journal of the respective
159 house at the request of five members of that house.
160 Section 10. JR-16.04 is amended to read:
161 JR-16.04. Rules of Procedure for the Senate and House Ethics Committees.
162 In hearing and processing all complaints, these rules govern the procedures to be followed
163 by the Senate and House Ethics Committees:
164 (1) (a) No information received by the committees concerning any alleged violation shall
165 be disclosed to the public until the member of the Senate or House charged in the violation has
166 received the Statement of Alleged Violations provided for under Subsection (4).
167 (b) No meetings of the committees shall be open to the public except a disciplinary hearing
168 under Subsection (6).
169 (2) (a) All complaints submitted to the committees shall be in writing. Each complaint
170 shall contain the following information:
171 (i) the name and address of the three Senators, if the respondent is a Senate member, or
172 three Representatives, if the respondent is a House member, who are filing the complaint, who
173 are the complainants;
174 (ii) the name and position or title of the person alleged to be in violation, who is the
175 respondent;
176 (iii) the nature of the alleged violation;
177 (iv) any facts alleged to support the complaint, and when facts are based upon the
178 information and belief of the complainants, the complaint shall state that and give the basis for the
179 information and belief; and
180 (v) all documents which support the complaint as an attachment to it.
181 (b) All complaints shall be filed directly with the President of the Senate, if the respondent
182 is a Senator, the Speaker of the House of Representatives, if the respondent is a Representative,
183 and with the appropriate ethics committee chairman.
184 (3) (a) Within five days after receipt of the complaint, the staff of the committees shall
185 examine each complaint to determine if it is in compliance with Subsection (2). If the complaint
186 is not in compliance, it shall be returned to the complainants with a copy of the legislative rules
187 on ethics. The complainants may resubmit the complaint. If the complaint is in compliance with
188 the rules, it shall be filed with the chairman and the co-chairman of the committee.
189 Every member of the committee shall be notified of the filing of the complaint and its
190 availability for inspection.
191 (b) Within 30 days after the complaint is filed, the chairman and co-chairman shall place
192 the complaint on the agenda for consideration at the next committee meeting with the
193 recommendation:
194 (i) that the complaint be considered; or
195 (ii) that the complaint be dismissed because it fails to allege facts which constitute a
196 violation.
197 (4) (a) At the next meeting of the committee, the committee shall determine whether the
198 alleged violation in the complaint is within the jurisdiction of the committee and whether the
199 complaint merits further inquiry. The complainants and respondent shall be notified, in writing,
200 of the action taken by the committee.
201 (b) If the committee determines that further investigation into the matter is merited, the
202 committee meeting shall become a preliminary inquiry to determine whether the violation
203 occurred. This preliminary inquiry is not open to the public.
204 (c) The chairman and the Director of the Office of Legislative Research and General
205 Counsel may require, by subpoena or otherwise, the attendance and testimony of witnesses and the
206 production of any materials the committee considers necessary to the inquiry.
207 (d) In the preliminary inquiry, the following rules apply:
208 (i) Scope of Preliminary Inquiry. The scope of the preliminary inquiry is limited to the
209 alleged violations stated in the complaint.
210 (ii) Attendance of Respondent or Others.
211 (A) During the testimony and evidentiary stage of the preliminary inquiry, the respondent
212 and his counsel may be present.
213 (B) Only (Senate, House, or Joint) Ethics Committee members and its staff shall be present
214 during the other portions of the preliminary inquiry.
215 (iii) Evidence. Only relevant or material evidence is admissible in the hearing. The
216 chairman's determination of admissibility is final and may only be overruled by a majority vote of
217 the committee.
218 (iv) Record. A record shall be made which includes rulings of the chair, questions of the
219 committee and its staff, the testimony and responses of witnesses, sworn statements submitted to
220 the committee, relevant documents, and such other matters as the committee or its chairman may
221 direct.
222 Except for the official record, no camera or recording device may be brought in or used in
223 the preliminary inquiry.
224 (v) Committee Chairman.
225 (A) The committee chairman is vested with the power to direct the committee in the
226 preliminary inquiry.
227 (B) If a committee member objects to a decision of the chair, that member may appeal the
228 decision to the committee by stating: "I appeal the decision of the chair." This motion is
229 nondebatable. The chairman shall direct a roll call vote to determine if the committee membership
230 supports the decision of the chair. A majority vote of the committee is necessary to overrule the
231 decision of the chairman.
232 (C) The chairman may set time limitations on any part of the preliminary inquiry.
233 (vi) Testimony.
234 (A) At the direction of the committee chairman and co-chairman the committee may hear
235 the testimony of the complainants, the respondent, and witnesses.
236 (B) If a witness desires, the witness shall be permitted to make a brief opening statement.
237 (C) Examination of a witness shall be under the direction of the committee chairman.
238 After the witness's presentation, committee members shall question the witness, after which the
239 respondent shall be given an opportunity to question the witness. Further examination by the
240 committee, committee staff, or the respondent shall be as directed by the committee chairman.
241 (D) The witness's disobedience to the chairman's direction to answer a question constitutes
242 contempt. The chairman's direction may only be overruled by a vote of the majority of the
243 committee members present.
244 The object of the Fifth Amendment privilege not to incriminate oneself is so no criminal
245 action will be prosecuted. If a witness cannot be prosecuted for the crime to which his testimony
246 relates, it is improper for the witness to invoke the privilege.
247 (E) The committee chairman shall direct each witness to furnish any relevant book, paper,
248 affidavit, or other written evidence for the committee's consideration, which material the witness
249 has chosen to bring or the production of which has been required by subpoena duces tecum.
250 Unless overruled by a majority vote of the committee members present, disobedience to the
251 chairman's direction to produce such documents in response to a subpoena duces tecum constitutes
252 a contempt.
253 (F) A witness may be allowed to insert in the record sworn written statements of
254 reasonable length relevant to the purpose, subject matter, and scope of the investigation.
255 (G) Unless otherwise directed by committee, all witnesses shall testify under oath.
256 (H) Legislative General Counsel shall administer the oath to each witness.
257 (vii) Response of Respondent. The respondent shall be given an opportunity to respond,
258 orally or in writing, to the allegations stated in the complaint.
259 (viii) Advice of Counsel.
260 (A) Any witness testifying before the committee may have his counsel present.
261 (B) When the committee seeks factual testimony within the personal knowledge of the
262 witness, such testimony and answers should be given by the witness himself and not suggested to
263 the witness by counsel. Counsel for a witness should not advise the witness during the witness's
264 testimony, except when specifically requested by the witness.
265 (C) The participation of counsel at a hearing and while a witness is testifying is limited to
266 advising the witness of his legal rights. Counsel shall not be permitted to address the committee,
267 ask questions of any witness, or engage in oral arguments with the committee, but must confine
268 his activity exclusively to private conversations of legal advice to his client. Counsel's failure to
269 abide by these rules is grounds for counsel's exclusion from the preliminary inquiry.
270 (ix) Contempt. A majority of the members of the committee may compel obedience to the
271 requirements of the committee by way of contempt proceedings begun by application to a state
272 district court as to any person who:
273 (A) fails to comply with a subpoena or a subpoena duces tecum;
274 (B) refuses to answer a question relevant to the investigation which does not infringe on
275 his constitutional rights; or
276 (C) is guilty of contempt on any other grounds specified in statute or recognized at
277 common law.
278 (x) Interested Persons. Upon consent of a majority of its members, the (Senate, House,
279 or Joint) Ethics Committee may permit any person, not compelled or invited, to appear and testify
280 at a hearing or submit a sworn written statement of facts or other documentary evidence for
281 incorporation into the record.
282 (xi) Subpoena Power. At the direction of a majority of the committee, the committee
283 chairman may direct staff to issue subpoenas to direct the attendance of witnesses and to issue
284 subpoena duces tecum to direct the production of documents.
285 (xii) Release of Testimony. The release of any testimony or other evidence presented at
286 a closed hearing and the form and manner of such release shall be by a majority vote of all
287 members of the committee. Committee members and its staff shall not publicly disclose any other
288 part of the preliminary inquiry.
289 (xiii) Continuance of Preliminary Inquiry. If a majority of the committee determines that
290 further evidence and testimony are necessary, they may adjourn and continue the preliminary
291 inquiry hearing to a future date, which date shall be established by a majority of the committee.
292 (xiv) Burden of Proof. If, at the conclusion of the preliminary inquiry, the committee
293 determines, by a preponderence of the evidence, that there is reason to believe the alleged violation
294 of the Code of Official Conduct did occur, the committee shall direct staff to prepare a summary
295 of the preliminary inquiry.
296 (xv) Special Prosecutor. If an ethics probe goes beyond the preliminary inquiry stage, the
297 Senate or House Ethics Committee shall direct the chairman to appoint a special prosecutor. This
298 special prosecutor shall be paid by the Senate if it is a Senate Ethics Committee or the House if
299 it is a House Ethics Committee. The special prosecutor shall prepare the Statement of Alleged
300 Violation from the summary prepared by the committee staff. The special prosecutor is also
301 responsible for prosecuting the respondent in the disciplinary hearing.
302 (xvi) Voting. If the committee is unable to achieve a majority vote directing further
303 proceedings against the respondent, this constitutes a dismissal of the complaint.
304 (xvii) Announcement of Committee's Decision. At the conclusion of the committee's
305 deliberations, when a decision has been reached, the respondent and his counsel shall be invited
306 into the committee room to hear the committee's decision.
307 (e) At the completion of the preliminary inquiry, the staff of the committee shall keep a
308 file containing a comprehensive summary of the inquiry.
309 (f) If the committee determines that there is reason to believe the alleged violation did
310 occur, the committee shall direct the special prosecutor to transmit to the respondent and to the
311 complainants a copy of the Statement of Alleged Violation. The statement shall be divided into
312 counts. Each count shall allege a separate violation, and the facts which support each count.
313 (5) (a) The respondent has 30 days from receipt of the Statement of Alleged Violation to
314 respond. The response shall be in writing and shall be signed by the respondent or the respondent's
315 counsel. The response shall be limited to the following:
316 (i) an admission or denial of each count, under oath, with any supportive evidence or
317 relevant information;
318 (ii) an objection to any or all counts on the grounds that the count fails to state facts which
319 constitute a violation of the Code of Official Conduct or any law, rule, regulation, or other
320 standard of conduct applicable to a member of the Senate or House in the performance of
321 legislative responsibilities;
322 (iii) an objection to the jurisdiction of the committee considering the allegations contained
323 in the statement;
324 (iv) a motion for a more detailed statement regarding the cause of action stated in the
325 complaint; or
326 (v) an objection to the participation of any member of the committee, the committee's staff,
327 or the special prosecutor on the grounds that that person would be unable to render a fair and
328 impartial judgment or investigation. The committee, by majority vote, shall judge the
329 qualifications of the person against whom the objection is raised.
330 (b) The respondent's failure to submit a response to the Statement of Alleged Violation or
331 any count contained in it constitutes an admission of the alleged violation.
332 (c) Within 30 days after receipt of the respondent's response, the committee shall
333 determine, by majority vote, to:
334 (i) dismiss the complaint;
335 (ii) grant or deny the respondent's motion for a more detailed statement, and if this motion
336 is granted, direct the special prosecutor to give a more detail in the Statement of Alleged Violation
337 and give the respondent 30 days from receipt of this statement to respond as provided in Section
338 (5);
339 (iii) hold a disciplinary hearing; or
340 (iv) defer action, if a judicial proceeding is pending.
341 (d) If the committee is unable to achieve a majority vote directing further proceedings
342 against the respondent, this constitutes a dismissal of the statement. The respondent and
343 complainants shall be notified, in writing, of the action taken by the committee.
344 (e) The chairman may extend any time limitation, if the extension would facilitate a fair
345 and complete inquiry. The chairman may shorten any time limitation, if special circumstances
346 necessitate this being done.
347 (6) (a) Prior to any disciplinary hearing, the committee shall adopt a statement establishing
348 the scope and purpose of the hearing. A copy of this statement shall be furnished to all witnesses.
349 The scope and purpose may expand or contract during the hearing, depending upon evidence
350 received. The respondent has the right to counsel during all stages of the disciplinary hearing.
351 (b) The disciplinary hearing is open to the public and consists of two phases. Phase I is
352 to determine whether or not the counts in the statement have been proved. This phase shall be
353 conducted as follows:
354 (i) The meeting shall be opened by the chairman. He shall give a statement of the
355 committee's authority to conduct the hearing and the purpose and scope of the hearing.
356 (ii) Witnesses and evidence shall be received in the following order whenever possible:
357 (A) witnesses and evidence offered by the special prosecutor;
358 (B) witnesses and evidence offered by the respondent;
359 (C) rebuttal witnesses.
360 (iii) All witnesses shall testify under oath. Witnesses offered by the special prosecutor
361 at a hearing shall be examined first by the special prosecutor. The respondent or respondent's
362 counsel may then cross-examine the witnesses. The committee members and committee staff may
363 then question the witnesses. Redirect and recross examination may be permitted in the chairman's
364 discretion. Witnesses offered by the respondent shall be examined first by the respondent or
365 respondent's counsel, and then may be cross-examined by the special prosecutor. Committee
366 members and committee staff may then question the witness. Redirect and recross examination
367 may be permitted in the chairman's discretion.
368 (iv) At a disciplinary hearing, the burden of proof rests upon the special prosecutor to
369 establish the facts clearly and convincingly by the evidence they introduce.
370 (c) Phase II of a disciplinary hearing is to determine what recommendation should be made
371 to the Senate or House with respect to any count which has been proved. The committee shall hear
372 no further testimony during Phase II except by a majority vote of the committee.
373 (d) A count is not proved unless a majority of the committee so determine by vote. A
374 count which is not proved shall be dismissed. If a majority of the committee does not vote that a
375 count has been proved, a motion to reconsider that vote may only be made by a member of the
376 committee who voted that the count was not proved.
377 (7) (a) The committee may, for any count that has been voted as proved, recommend one
378 or more of the following actions:
379 (i) censure;
380 (ii) [
381 (iii) denial or limitation of any right, power, or privilege of the respondent, if under the
382 Utah Constitution the Senate or House may impose such denial or limitation, and if the violation
383 bears upon the exercise or holding of any right, power, or privilege; or
384 (iv) any other action the committee determines appropriate.
385 (b) If a majority of the committee does not vote in favor of the recommendation for action,
386 a motion to reconsider may only be made by a member of the committee who voted against the
387 recommendation.
388 (c) The committee's recommendation to the Senate or House shall be submitted in writing
389 and shall contain a brief but complete statement of the evidence which supports their
390 recommendations.
391 (8) The Senate or House shall consider the recommendations of the committee and shall,
392 by a majority vote of that house, either accept, dismiss, or alter these recommendations. If the
393 committee's recommendations are for expulsion of a Senator or Representative, acceptance of this
394 recommendation requires a two-thirds vote of all the members elected to the Senate or to the
395 House.
396 Section 11. JR-19.03 is amended to read:
397 JR-19.03. Fiscal Note Threshold; Deadline for Passing Fiscal Note Bills.
398 (1) (a) The House shall refer any Senate bill with a fiscal note of $10,000 or more to the
399 House Rules Committee before giving that bill a third reading.
400 (b) The Senate shall table on third reading each House bill with a fiscal note of $10,000
401 or more.
402 (2) (a) Before adjourning on the 33rd day of the annual general session, each legislator
403 shall prioritize fiscal note bills and identify other projects or programs for new or one-time funding
404 according to the process established by leadership.
405 (b) Before adjourning on the 40th day of the annual general session, the Legislature shall[
406
407 amendment resolutions[
408 [
409 Section 12. Effective date.
410 This resolution takes effect upon approval by a constitutional majority vote of all members
411 of the Senate and House of Representatives.
Legislative Review Note
as of 11-29-99 5:12 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.