Download Zipped Enrolled WP 8.0 SR0002.ZIP 8,512 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

S.R. 2 Enrolled

                 

SENATE RULES REVISIONS RESOLUTION

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: L. Steven Poulton

                  A RESOLUTION OF THE SENATE REVISING SENATE RULES; MODIFYING
                  STANDARDS FOR RECORDING A SENATOR AS ABSENT DURING A VOTE; MAKING
                  TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
                  This resolution affects legislative rules as follows:
                  AMENDS:
                      SR-24.04.1
                      SR-30.03
                  Be it resolved by the Senate of the state of Utah:
                      Section 1. SR-24.04.1 is amended to read:
                       SR-24.04.1. Judicial Senate Confirmation Committee Procedures.
                      The committee appointed by the President of the Senate to review the final judicial
                  appointee announced by the Governor shall comply with the following procedures:
                      (1) After the Judicial Nominating Commission announces the final nominees and forwards
                  those names to the Office of Legislative Research and General Counsel as required by Utah Code
                  Annotated Section [20-1-7.4] 20A-12-104 , that office shall provide the resume of each nominee
                  to each member of the Senate.
                      (2) When the Governor announces the appointee selected from the final nominees, the
                  Office of Legislative Research and General Counsel shall provide the resume of the appointee and
                  the news release described in Subsection (4) to each member of the Senate and to the news media,
                  including television, radio, and the major circulation newspapers in Salt Lake City and the
                  geographical area served by the judicial office to be filled by the appointee.
                      (3) The Office of Legislative Research and General Counsel shall provide a copy of this rule
                  to the appointee.
                      (4) The chairman of the Judicial Senate Confirmation Committee shall direct the
                  preparation of a news release which shall include:


                      (a) a brief description of the judicial position to be filled;
                      (b) the name of the appointee;
                      (c) a brief description of the functions of the Judiciary Senate Confirmation Committee;
                      (d) a request that members of the public and the Senate desiring to make comments shall
                  contact the Office of Legislative Research and General Counsel by a specified deadline of not less
                  than three business days after publication of the news release; and
                      (e) a notice that any person desiring to make comment shall submit a written statement of
                  their testimony to staff which shall include that person's name, telephone number, and mailing                   address.
                      (5) (a) The chairman of the Judiciary Senate Confirmation Committee and two members of
                  that committee, one selected by the President of the Senate and one selected by the Senate Minority
                  Leader, shall review all written statements in determining whether a committee meeting or public
                  hearing should be held.
                      (b) A public hearing shall be held if any one of the three committee members meeting under
                  this section requests it. At that hearing, the committee shall hear from the appointee and any invited
                  persons and vote on the appointment.
                      (c) If all three members determine that a public hearing is not necessary, the committee may
                  still determine to hold a committee meeting to hear from the appointee and vote regarding the
                  confirmation.
                      (6) Any public hearing or committee meeting shall be held prior to any Senate confirmation
                  session.
                      (7) The Office of Legislative Research and General Counsel shall advise members of the
                  Senate of the date, time, and location of any committee meeting or public hearing.
                      (8) The chairman of the committee may inquire of the chairman of the Judicial Nominating
                  Commission whether certain facts were known to the nominating commission at the time that a
                  judicial candidate was considered by the commission. The explanation provided by the chairman of
                  the nominating commission shall not include any information related to the deliberative process of the
                  nominating commission.
                      (9) The chairman of the committee may establish reasonable time limits for comments as

- 2 -


                  appears necessary.
                      (10) The committee may close the committee meeting or public hearing for the purposes
                  outlined in Utah Code Annotated, Chapter 4, Title 52, Open and Public Meetings.
                      (11) The appointee may address the committee prior to and at the conclusion of the
                  committee meeting or public hearing.
                      (l2) The committee shall vote at the conclusion of any committee meeting or public hearing
                  whether to recommend to the Senate the confirmation of the appointee.
                      (13) The committee shall convey any recommendation to the Senate and shall include the
                  committee vote as required in Senate Rule 24.04(2).
                      (14) The committee may hold the public hearing in the geographic area to be served by the
                  judicial office.
                      (15) If a public hearing is held, notice of the public hearing shall be sent to all members of
                  the Senate and the media as provided in Subsection (4). It shall include a notice that:
                      (a) persons shall submit written statements to the Office of Legislative Research and General
                  Counsel no later than 24 hours prior to the hearing and may be invited to testify; and
                      (b) these written statements submitted to committee staff and the names of persons who
                  request to speak at the hearing will be provided to the appointee as soon as possible after receipt.
                      (16) (a) The committee chairman shall determine which persons making a timely request to
                  speak under Subsection (15)(a) may address the committee.
                      (b) The committee shall proceed on the presumption that the appointee is qualified. Any
                  person testifying in opposition to the appointment has the burden of then rebutting this presumption.
                      Section 2. SR-30.03 is amended to read:
                       SR-30.03. Roll Call on Final Passage of Bills; When Required; Procedure.
                      The vote on final passage of all bills is by roll call. The Senators shall be called alphabetically,
                  except the President, who is called last. A roll call vote on other questions shall be taken if requested
                  by any Senator. Senators absent [or not voting] shall be so recorded.
                      Section 3. Effective date.
                      This resolution takes effect upon approval by a constitutional majority vote of all members

- 3 -


                  of the Senate.

- 4 -


[Bill Documents][Bills Directory]