S.J.R. 6

1

JOINT RULES REVISIONS RESOLUTION
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: L. Steven Poulton
5 A JOINT RESOLUTION OF THE LEGISLATURE REVISING JOINT RULES; MODIFYING
6 THE NOTIFICATION PROCESS FOR THE VETO OVERRIDE POLL; CONFORMING THE
7 CONFLICT OF INTEREST RULE TO STATUTE; REPEALING THE RULE GOVERNING
8 APPROPRIATIONS FOR COLLABORATIVE PROGRAMS; AND PROVIDING AN
9 EFFECTIVE DATE.
10 This resolution affects legislative rules as follows:
11 AMENDS:
12 JR-16.05
13 JR-17.01
14 REPEALS:
15 JR-3.06
16 Be it resolved by the Legislature of the state of Utah:
17 Section 1. JR-16.05 is amended to read:
18 JR-16.05. Declaring and Recording Conflict of Interest.
19 [(1) Before any vote on legislation or any legislative matter in which a legislator
20 reasonably believes he may have a conflict of interest, that legislator should orally declare to the
21 committee or body before which the matter is pending that the legislator may have a conflict of
22 interest and what that conflict is. This declaration of conflict of interest shall be noted in the
23 minutes of any committee meeting or in the Senate Journal or House Journal.]
24 (1) In addition to the Declaration of Conflict of Interest form provided for in Subsection
25 (2), before or during any vote on legislation or any legislative matter in which a legislator has
26 actual knowledge that he has a conflict of interest which is not stated on the conflict of interest
27 form, that legislator shall orally declare to the committee or body before which the matter is

28 pending that the legislator may have a conflict of interest and what that conflict is. This
29 declaration of conflict of interest shall be noted in the minutes of any committee meeting or in the
30 Senate or House Journal.
31 (2) (a) A legislator shall file a Declaration of Conflict of Interest form with the Secretary
32 of the Senate if the legislator is a Senator or with the Chief Clerk of the House of Representatives
33 if the legislator is a Representative to satisfy that legislator's disclosure of any conflicts of interest
34 as required by Subsection (1) and Utah Code Annotated Section 76-8-109.
35 (b) This Declaration of Conflict of Interest form shall include the general legislative areas
36 in which the legislator may have a conflict of interest.
37 (c) This Declaration of Conflict of Interest form is available to the public.
38 (3) This requirement of disclosure of any conflict of interest does not prohibit a legislator
39 from voting on any legislation or legislative matter.
40 (4) As used in this section:
41 (a) "Business in which the legislator is associated" means any business in which a
42 legislator is a director, officer, owner, member, partner, employee, or is a holder of stocks or bonds
43 in the company that have a fair market value of $10,000 or more.
44 (b) "Conflict of interest" means legislation or action by a legislator that the legislator
45 reasonably believes may cause direct financial benefit or detriment to him, a member of the
46 legislator's immediate household, or a business in which the legislator is associated, and that
47 benefit or detriment is distinguishable from the effects of that action on the public or on the
48 legislator's profession, occupation, or association generally.
49 Section 2. JR-17.01 is amended to read:
50 JR-17.01. Poll to Convene a Veto Override Session.
51 If the Legislature is prevented by adjournment from reconsidering any vetoed bill or item
52 of appropriation vetoed by the Governor, the presiding officers of the two houses shall poll their
53 respective members by mail or other means to determine if the Legislature shall convene to
54 reconsider vetoed legislation. Each member shall respond to the poll in writing, by telephone, or
55 other available means. The presiding officers shall notify the governor about the results of the
56 poll. [Each presiding officer shall prepare an itemized list identifying how each legislator
57 responded to the poll and provide each legislator with a copy of the list.] The sponsor of a bill
58 being considered for the veto override shall be provided, upon request, the itemized list of how

59 each legislator responded to the poll. If two-thirds of the members of each house are in favor of
60 convening, the Legislature shall convene in a session not to exceed five calendar days, at a time
61 agreed upon by the presiding officers of the two houses. A veto override session, if called, shall
62 be convened prior to 60 days after the adjournment of the session at which the legislation under
63 consideration was passed.
64 Section 3. Repealer.
65 This act repeals:
66 Rule JR-3.06, Recommendation on Appropriation for Collaborative Programs.
67 Section 4. Effective date.
68 This resolution takes effect upon approval by a constitutional majority vote of all members
69 of the Senate and House of Representatives.




Legislative Review Note
as of 12-3-99 9:55 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel