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H.J.R. 11
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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:
12 This resolution:
13 . recodifies and revises joint rules governing bills and resolutions, legislative
14 expenses, and ethics.
15 Special Clauses:
16 None
17 Legislative Rules Affected:
18 ENACTS:
19 JR4-1-101
20 JR4-1-201
21 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
44 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
103 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
125 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
185 JR-15.02
186 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
197 JR-19.02
198 JR-19.03
199 JR-19.04
200 JR-19.05
201 JR-19.06
202 JR-19.07
203
204 Be it resolved by the Legislature of the state of Utah:
205 Section 1. JR4-1-101 is enacted to read:
206
207
208
209 JR4-1-101. Definitions.
210 As used in this title:
211 (1) "Bill" means legislation introduced for consideration by the Legislature that does
212 any, some, or all of the following to Utah statutes:
213 (a) amends;
214 (b) enacts;
215 (c) repeals;
216 (d) repeals and reenacts; or
217 (e) renumbers and amends.
218 (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
220 each title, chapter, part, and section of the Utah Code.
221 (3) "Concurrent resolution" means a written proposal of the Legislature and Governor,
222 which, to be approved, must be passed by both houses of the Legislature and concurred to by
223 the Governor.
224 (4) "Constitutional joint resolution" means a joint resolution proposing to amend,
225 enact, or repeal portions of the Utah Constitution which, to be approved for submission to the
226 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
228 which, to be approved, must be passed by the House of Representatives.
229 (6) "Joint resolution" means a written proposal of the Legislature which, to be
230 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.
232 (8) "Legislation" means bills and resolutions introduced for consideration by the
233 Legislature.
234 (9) "Request for Legislation" means a formal request from a legislator or interim
235 committee that a bill or resolution be prepared by the Office of Legislative Research and
236 General Counsel.
237 (10) "Resolution" includes constitutional joint resolutions, other joint resolutions,
238 concurrent resolutions, House resolutions, and Senate resolutions.
239 (11) "Senate resolution" means a written proposal of the Senate which, to be approved,
240 must be passed by the Senate.
241 (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.
244 Section 2. JR4-1-201 is enacted to read:
245
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
249 enacted by the bill shall be underlined.
250 (b) When a bill proposes to enact a statutory section of new law, all of the language in
251 the entire section must be underlined.
252 (c) When a bill proposes to repeal an existing statutory section and reenact that
253 statutory section using new language, the new language of the entire section shall be
254 underlined.
255 (3) When a bill proposes to amend a statutory section without repealing the entire
256 statutory section:
257 (a) all of the language to be repealed must appear between brackets with the letters
258 struck through; and
259 (b) all of the new language proposed to be enacted by the bill must be underlined.
260 (4) When a bill proposes to repeal a statutory section, the statutory sections to be
261 repealed shall be listed in the long title as required by these rules and listed by statutory section
262 number and bold face at the end of the bill before any special clauses.
263 Section 3. JR4-1-202 is enacted to read:
264 JR4-1-202. Specific Bill Format Requirements.
265 (1) Each bill shall contain:
266 (a) a designation containing the information required by Subsection (2);
267 (b) a short title, which provides a short common description of the bill;
268 (c) the year and type of legislative session in which the bill is to be introduced;
269 (d) the phrase "State of Utah";
270 (e) the sponsor's name, after the heading "Chief Sponsor:";
271 (f) if the bill is a House bill that has passed third reading in the House, the Senate
272 sponsor's name after the heading "Senate Sponsor:";
273 (g) if the bill is a Senate bill that has passed third reading in the Senate, the House
274 sponsor's name after the heading "House Sponsor:";
275 (h) a list of cosponsors who are members of the same house as the chief sponsor, if
276 any;
277 (i) a long title, which includes:
278 (i) a brief general description of the subject matter in the bill;
279 (ii) a list of each section of the Utah Code affected by the bill, which cites by statute
280 number those statutes that the bill proposes be amended, enacted, repealed and reenacted,
281 renumbered and amended, and repealed; and
282 (iii) for bills that contain an appropriation, the sum proposed to be appropriated by the
283 bill unless the bill is an appropriation bill or supplemental appropriation bill whose single
284 subject is the appropriation of money;
285 (j) an enacting clause in the following form: "Be it enacted by the Legislature of the
286 state of Utah:"; and
287 (k) the subject matter, given in one or more sections.
288 (2) The designation shall be a heading that identifies the bill by its house of
289 introduction and by unique number assigned to it by the Office of Legislative Research and
290 General Counsel and shall be in the following form: "S.B." or "H.B." followed by the number
291 assigned to the bill.
292 Section 4. JR4-1-203 is enacted to read:
293 JR4-1-203. Effective Date of Bills.
294 (1) Unless otherwise directed by the Legislature, a bill becomes effective 60 days after
295 the adjournment of the session at which it passed.
296 (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:
298
299 JR4-1-301. General Resolution Format Requirements.
300 (1) Each resolution shall be typewritten or printed on paper 8-1/2 by 11 inches.
301 (2) Each resolution shall contain:
302 (a) a designation containing the information required by Subsection (3);
303 (b) a short title;
304 (c) the year and type of legislative session in which the resolution is to be introduced;
305 (d) the phrase "State of Utah";
306 (e) the sponsor's name, after the heading "Chief Sponsor:";
307 (f) if the resolution is a House resolution that has passed third reading in the House, the
308 Senate sponsor's name after the heading "Senate Sponsor:";
309 (g) if the resolution is a Senate resolution that has passed third reading in the Senate,
310 the House sponsor's name after the heading "House Sponsor:";
311 (h) a long title, which shall include a list of constitutional sections, legislative rules, or
312 the Utah Supreme Court's Rules of Procedure or Rules of Evidence affected, if applicable;
313 (i) a resolving clause containing the information required by Subsection (4);
314 (j) for joint resolutions, concurrent resolutions, Senate resolutions, and House
315 resolutions:
316 (i) one or more paragraphs that begin with the word "Whereas" that function as the
317 preamble; and
318 (ii) one or more paragraphs that begin with the words "Be it Resolved" that identify the
319 statement of purpose or policy; and
320 (k) special clauses including, if necessary, an effective date.
321 (3) The designation shall be a heading that identifies the resolution by its house of
322 introduction and by unique number assigned to it by the Office of Legislative Research and
323 General Counsel and shall be in the following form:
324 (a) for constitutional joint resolutions and joint resolutions: "S.J.R." or "H.J.R."
325 followed by the number assigned to the joint resolution;
326 (b) for concurrent resolutions: "S.C.R." or "H.C.R." followed by the number assigned
327 to the concurrent resolution;
328 (c) for Senate resolutions: "S.R." followed by the number assigned to the Senate
329 resolution; or
330 (d) for House resolutions: "H.R." followed by the number assigned to the House
331 resolution.
332 (4) Each resolution shall contain a resolving clause in one of the following forms:
333 (a) in a constitutional joint resolution, or in a joint resolution proposing to amend the
334 Utah Supreme Court's Rules of Procedure or Rules of Evidence: "Be it resolved by the
335 Legislature of the state of Utah, with at least two-thirds of all members elected to each of the
336 two houses concurring:";
337 (b) in a joint resolution: "Be it resolved by the Legislature of the state of Utah:";
338 (c) in a concurrent resolution: "Be it resolved by the Legislature of the state of Utah,
339 with the Governor concurring:";
340 (d) in a Senate resolution: "Be it resolved by the Senate of the state of Utah:"; or
341 (e) in a House resolution: "Be it resolved by the House of Representatives of the state
342 of Utah:".
343 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
346 that the resolution receives final approval from:
347 (1) the House of Representatives or the Senate, if it is a single house resolution;
348 (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.
359 (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:
363 (a) the Utah congressional delegation;
364 (b) the Speaker of the United States House of Representatives;
365 (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
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
387
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. Prioritization.
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. 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
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. Substitutes.
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.
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. Substitutes and Amendments 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
512
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
537
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 the legislation has no fiscal impact, the
597 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
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
673
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
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
724
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 Bills -- Preference to Bill of other Chamber.
755 During the third and fourth days of each week:
756 (1) the Senate shall consider House legislation appearing on the Senate calendar; and
757 (2) the House shall consider Senate legislation appearing on the House calendar.
758 Section 31. JR4-4-106 is enacted to read:
759 JR4-4-106. Notice to Other Chamber that Bill or Resolution has Failed.
760 (1) When a piece of legislation that passed the Senate is rejected by the House, the
761 Chief Clerk of the House of Representatives shall transmit notice of the rejection to the Senate.
762 (2) When a piece of legislation that passed the House is rejected by the Senate, the
763 Secretary of the Senate shall transmit notice of the rejection to the House.
764 Section 32. JR4-4-107 is enacted to read:
765 JR4-4-107. Bill Transmitted to Other House.
766 (1) The Secretary of the Senate or Chief Clerk of the House shall:
767 (a) transmit notice of passage on third reading to the other house;
768 (b) comply with the requirements of Subsection (2) if necessary; and
769 (c) if sent to the other house, enter the date of transmission in the journal.
770 (2) The Secretary of the Senate or Chief Clerk of the House shall, before transmitting a
771 piece of legislation to the other house, ensure that, if the legislation passed with amendments or
772 was substituted, the amendments or substitute are:
773 (a) retyped or reprinted in the typeface and on the color paper designated for each
774 house; and
775 (b) transmitted with the legislation.
776 Section 33. JR4-4-108 is enacted to read:
777 JR4-4-108. Consideration and Action on Amendments Made in the Other
778 Chamber.
779 (1) (a) If the Senate amends and passes, or substitutes and passes, a piece of House
780 legislation, the House must either "concur" or "refuse to concur" in the amendments or
781 substitute.
782 (b) (i) If the House concurs, the legislation shall be voted on for final passage in the
783 House.
784 (ii) If the legislation passes, the Chief Clerk of the House shall notify the Senate, obtain
785 the signatures required by JR4-6-101 , and send the legislation to the Office of Legislative
786 Research and General Counsel for enrolling.
787 (c) If the House refuses to concur in the Senate amendments or substitute to a piece of
788 House legislation, the Chief Clerk of the House and the House shall follow the procedures and
789 requirements of JR3-2, Part 6, Conference Committees.
790 (2) (a) If the House amends and passes, or substitutes and passes, a piece of Senate
791 legislation, the Senate must either "concur" or "refuse to concur" in the amendments or
792 substitute.
793 (b) (i) If the Senate concurs, the legislation shall be voted on for final passage in the
794 Senate.
795 (ii) If the legislation passes, the Secretary of the Senate shall notify the House, obtain
796 the signatures required by JR4-6-101 , and send the legislation to the Office of Legislative
797 Research and General Counsel for enrolling.
798 (c) If the Senate refuses to concur in the House amendments or substitute to a piece of
799 Senate legislation, the Secretary of the Senate and the Senate shall follow the procedures and
800 requirements of JR3-2, Part 6, Conference Committees.
801 Section 34. JR4-4-109 is enacted to read:
802 JR4-4-109. Striking the Enacting Clause.
803 (1) (a) (i) Either house may strike the enacting clause on any piece of legislation by
804 following the procedures and requirements of Subsection (1)(a)(ii).
805 (ii) To strike an enacting clause, a legislator shall make a motion on the floor to strike
806 the enacting clause and a majority of the members of that house must approve the motion.
807 (b) If the enacting clause of a piece of legislation is struck:
808 (i) the action conclusively defeats the legislation; and
809 (ii) a motion to reconsider the action is out of order.
810 (2) The enacting clause of each piece of legislation that has not passed the Legislature
811 before adjournment sine die of an annual general session or a special session is automatically
812 stricken.
813 Section 35. JR4-4-201 is enacted to read:
814
815 JR4-4-201. Transmittal Letters.
816 The Secretary of the Senate or the Chief Clerk of the House of Representatives shall:
817 (1) attach a transmittal letter signed by the Secretary or Clerk to each piece of
818 legislation to be transmitted to the opposite house; and
819 (2) ensure that the piece of legislation, with its transmittal letter, is sent to the opposite
820 house.
821 Section 36. JR4-4-202 is enacted to read:
822 JR4-4-202. Receipts.
823 (1) (a) Upon receipt of a transmittal letter from the Senate, the Chief Clerk of the
824 House of Representatives or the Clerk's designee shall sign a receipt recording the House's
825 receipt of the legislation.
826 (b) Once the receipt is signed, the legislation is in the possession of the House.
827 (2) (a) Upon receipt of a transmittal letter from the House, the Secretary of the Senate
828 or the Secretary's designee shall sign a receipt recording the Senate's receipt of the legislation.
829 (b) Once the receipt is signed, the legislation is in the possession of the Senate.
830 Section 37. JR4-4-203 is enacted to read:
831 JR4-4-203. Possession of a Bill -- Process for Obtaining the Return of a Bill Sent
832 to the Other Chamber.
833 (1) A piece of legislation is in the possession of the house in which it has been
834 receipted.
835 (2) A piece of legislation in the possession of one house may be returned to the other
836 house only when:
837 (a) the house having possession of the legislation receives a written request from the
838 opposite house requesting return of the legislation; and
839 (b) a majority of the house having possession of the legislation votes to return the
840 legislation to the opposite house.
841 Section 38. JR4-5-101 is enacted to read:
842
843
844 JR4-5-101. Deadline for Passing Certain Fiscal Note Bills.
845 (1) (a) The House shall refer any Senate bill with a fiscal note of $10,000 or more to
846 the House Rules Committee before giving that bill a third reading.
847 (b) The Senate shall table on third reading each House bill with a fiscal note of $10,000
848 or more.
849 (2) (a) Before adjourning on the 33rd day of the annual general session, each legislator
850 shall prioritize fiscal note bills and identify other projects or programs for new or one-time
851 funding according to the process established by leadership.
852 (b) Before adjourning on the 40th day of the annual general session, the Legislature
853 shall either pass or defeat each bill with a fiscal note of $10,000 or more except constitutional
854 amendment resolutions.
855 Section 39. JR4-5-201 is enacted to read:
856
857 JR4-5-201. Deadline for Passing Base Budget Bills.
858 (1) Each legislator shall receive a copy of each base budget bill for the next fiscal year
859 by calendared floor time on the first day of the annual general session.
860 (2) By noon on the tenth day, but not before the third day, of the annual general
861 session, the Legislature shall either pass or defeat each base budget bill.
862 Section 40. JR4-5-202 is enacted to read:
863 JR4-5-202. Deadline for Passing Certain Appropriations Bills and School
864 Finance Bills.
865 (1) Each legislator shall receive a copy of any General Appropriations bills, any
866 Supplemental Appropriations bills, and any School Finance bills by calendared floor time on
867 the 43rd day of the annual general session.
868 (2) Before the calendared closing time of the 43rd day of the annual general session,
869 the Legislature shall either pass or defeat those General Appropriations bills, Supplemental
870 Appropriations bills, and School Finance bills.
871 Section 41. JR4-5-203 is enacted to read:
872 JR4-5-203. Deadline for Passing the Final Appropriations Bill.
873 (1) Each legislator shall receive a copy of the final appropriations bill by calendared
874 floor time on the 45th day of the annual general session.
875 (2) By noon on the 45th day of the annual general session, the Legislature shall either
876 pass or defeat the final appropriations bill.
877 Section 42. JR4-5-301 is enacted to read:
878
879 JR4-5-301. Deadline for Passing Bond Bills.
880 (1) Each legislator shall receive a copy of any bond bill by noon on the 40th day of the
881 annual general session.
882 (2) Before the calendared closing time of the 40th day of the annual general session,
883 the Legislature shall either pass or defeat each bond bill.
884 Section 43. JR4-6-101 is enacted to read:
885
886
887 JR4-6-101. Certification and Signature.
888 (1) (a) When a piece of Senate legislation has passed both houses, the Secretary of the
889 Senate shall certify its final passage by identifying:
890 (i) the date that the legislation passed the Senate;
891 (ii) the number of Senators voting for and against the legislation;
892 (iii) the number of Senators absent for the vote;
893 (iv) the date that the legislation passed the House;
894 (v) the number of Representatives voting for and against the legislation; and
895 (vi) the number of Representatives absent for the vote.
896 (b) When a piece of House legislation has passed both houses, the Chief Clerk of the
897 House shall certify its final passage by identifying:
898 (i) the date that the legislation passed the House;
899 (ii) the number of Representatives voting for and against the legislation;
900 (iii) the number of Representatives absent for the vote;
901 (iv) the date that the legislation passed the Senate;
902 (v) the number of Senators voting for and against the legislation; and
903 (vi) the number of Senators absent for the vote.
904 (2) (a) Except as provided in Subsection (2)(b), within one legislative day of final
905 passage, each piece of legislation shall be signed:
906 (i) first by the presiding officer of the house in which it was last voted upon; and
907 (ii) second, by the presiding officer of the other house.
908 (b) Within five days following the adjournment sine die of a legislative session, each
909 piece of legislation passed on the final day of that legislative session shall be signed:
910 (i) first by the presiding officer of the house in which it was last voted upon; and
911 (ii) second, by the presiding officer of the other house.
912 (c) Unless the session has adjourned sine die, the Secretary of the Senate or Chief
913 Clerk of the House shall note in the journal that the legislation was signed by the presiding
914 officer.
915 Section 44. JR4-6-102 is enacted to read:
916 JR4-6-102. Enrollment and Transmittal to the Governor.
917 (1) (a) After a piece of legislation that has passed both houses has been signed by the
918 presiding officers, the Secretary or Chief Clerk shall deliver it to the Office of Legislative
919 Research and General Counsel.
920 (b) The Office of Legislative Research and General Counsel shall:
921 (i) examine and enroll the legislation;
922 (ii) correct any technical errors as provided by Utah Code Section 36-12-12 ; and
923 (iii) transmit a copy of the enrolled legislation to:
924 (A) the Secretary of the Senate for legislation originating in the Senate; and
925 (B) the Chief Clerk of the House for legislation originating in the House.
926 (2) When enrolling the legislation, the Office of Legislative Research and General
927 Counsel shall:
928 (a) include the name of the House floor sponsor for Senate legislation under the
929 heading "House Sponsor:"; or
930 (b) include the name of the Senate floor sponsor for House legislation under the
931 heading "Senate Sponsor:".
932 (3) The Secretary of the Senate or Chief Clerk of the House shall:
933 (a) certify each enrolled piece of legislation;
934 (b) ensure that a copy of the enrolled legislation is:
935 (i) transmitted to the Governor;
936 (ii) filed with the Secretary or Chief Clerk;
937 (iii) transmitted to the chief sponsor upon request; and
938 (iv) transmitted to the Office of Legislative Printing.
939 Section 45. JR4-6-103 is enacted to read:
940 JR4-6-103. Legislative General Counsel to Correct Certain Technical Errors.
941 The Legislative General Counsel may correct technical errors in the code in preparing
942 the database for publication.
943 Section 46. JR4-6-201 is enacted to read:
944
945 JR4-6-201. Recalling a Bill Before It is Signed by the Speaker and President.
946 Legislation in the possession of the other house or the Office of Legislative Research
947 and General Counsel may be recalled by a motion and a constitutional majority vote from the
948 members of both houses.
949 Section 47. JR4-6-202 is enacted to read:
950 JR4-6-202. Recalling a Bill from the Governor.
951 When a bill has passed both houses of the Legislature, been signed by the presiding
952 officers, been enrolled, and has been sent to the Governor for his approval, it can be recalled
953 only if:
954 (1) a joint resolution requesting that the Governor return the legislation is passed by a
955 constitutional majority vote of both houses; and
956 (2) the Governor elects to return it.
957 Section 48. JR5-1-101 is enacted to read:
958
959
960 JR5-1-101. Definitions.
961 As used in this title:
962 (1) "Authorized legislative meeting" means:
963 (a) special sessions;
964 (b) veto override sessions;
965 (c) interim committee and subcommittee meetings;
966 (d) management committee and subcommittee meetings;
967 (e) executive appropriation and subcommittee meetings; and
968 (f) the meetings of any other body where legislative participation is required by law or
969 authorized by the Legislative Management Committee.
970 (2) "Mileage" means the mileage reimbursement allowance approved by the Division
971 of Finance for state employees.
972 Section 49. JR5-1-102 is enacted to read:
973 JR5-1-102. Legislative Expenses Oversight Committee.
974 (1) The presiding officer and the majority leader and minority leader of each house are
975 the Legislative Expenses Oversight Committee for that house.
976 (2) Each committee shall:
977 (a) establish procedures to implement the rules on legislative expenses, including
978 establishing vouchering systems and procedures for the disbursement of legislative expenses;
979 and
980 (b) meet at least annually, or at the request of a majority of the committee, to review
981 legislative expenses and travel budgets.
982 (3) The presiding officer may authorize temporary emergency legislative expenses.
983 Section 50. JR5-2-101 is enacted to read:
984
985
986 JR5-2-101. Lodging, Meals, and Incidental Expenses While in Annual General
987 Session.
988 (1) This rule governs legislative expenses for lodging, meals, and incidental expenses
989 incurred when the Legislature is in annual general session.
990 (2) Each legislator shall receive an expense allowance equal to the sum of the federal
991 lodging per diem rate for Salt Lake City and the federal meals and incidental expenses per diem
992 rate for Salt Lake City.
993 Section 51. JR5-2-102 is enacted to read:
994 JR5-2-102. Transportation Cost Reimbursement While in Annual General
995 Session.
996 (1) This rule governs transportation costs incurred by legislators when the Legislature
997 is in annual general session.
998 (2) (a) Each legislator shall receive transportation costs to and from the session.
999 (b) These costs shall be computed on the basis of actual mileage for private automobile
1000 use or the actual cost of alternative commercial transportation.
1001 Section 52. JR5-3-101 is enacted to read:
1002
1003
1004
1005 JR5-3-101. Meals and Incidental Expense Reimbursement for Authorized
1006 Legislative Meetings, Special Sessions, and Veto Override Sessions.
1007 (1) This rule governs reimbursement for meals and incidental expenses for legislator
1008 attendance at authorized legislative meetings when the Legislature is not in annual general
1009 session.
1010 (2) For each day that a legislator attends an authorized legislative meeting, the
1011 legislator shall receive a meals and incidental expenses per diem equal to the federal meals and
1012 incidental expenses per diem rate for Salt Lake City.
1013 (3) The Legislative Expenses Oversight Committee established in JR5-1-102 shall
1014 ensure that legislators do not receive duplicate or improper reimbursements.
1015 Section 53. JR5-3-102 is enacted to read:
1016 JR5-3-102. Lodging Expense Reimbursement for Authorized Legislative
1017 Meetings, Special Sessions, and Veto Override Sessions.
1018 (1) This rule governs reimbursement for lodging expenses for legislator attendance at
1019 authorized legislative meetings when the Legislature is not in annual general session.
1020 (2) If attendance at an authorized legislative committee meeting necessitates overnight
1021 accommodations, legislators shall receive reimbursement for actual lodging expenses up to the
1022 federal lodging per diem rate for Salt Lake City.
1023 (3) The Legislative Expenses Oversight Committee established in JR5-1-102 shall
1024 ensure that legislators do not receive duplicate or improper reimbursements.
1025 Section 54. JR5-3-103 is enacted to read:
1026 JR5-3-103. Travel Expense Reimbursement for Authorized Legislative Meetings,
1027 Special Sessions, and Veto Override Sessions.
1028 (1) This rule governs reimbursement for travel expenses for legislator attendance at
1029 authorized legislative meetings when the Legislature is not in annual general session.
1030 (2) (a) Each legislator shall receive transportation costs to and from the authorized
1031 legislative committee meeting.
1032 (b) Transportation costs shall be computed on the basis of actual mileage for private
1033 automobile use or the actual cost of alternative commercial transportation.
1034 (3) The Legislative Expenses Oversight Committee established in JR5-1-102 shall
1035 ensure that legislators do not receive duplicate or improper reimbursements.
1036 Section 55. JR5-4-101 is enacted to read:
1037
1038 JR5-4-101. Reimbursement for Costs of Out-of-State Travel.
1039 The following rules govern reimbursement for out-of-state travel by legislators:
1040 (1) (a) Subject to Subsections (1)(b) and (1)(c), legislators shall receive reimbursement
1041 for all approved actual and necessary expenses.
1042 (b) The presiding officer, the majority leader, and the minority leader shall meet
1043 annually to establish a policy governing out-of-state travel, including the process for them to
1044 approve out of state travel and approve reimbursement of expenses for that travel as required
1045 under Utah Code Section 36-12-17 .
1046 (c) If a legislator elects to travel to an out-of-state destination by private automobile,
1047 the legislator shall receive actual mileage or the actual cost of alternative commercial
1048 transportation, whichever is less.
1049 (2) Each legislator shall provide supporting documentation for each expense for which
1050 the legislator seeks reimbursement.
1051 Section 56. JR6-1-101 is enacted to read:
1052
1053
1054
1055
1056 JR6-1-101. Legislative Ethics.
1057 (1) The Utah Legislature consists of people who work part-time and must necessarily
1058 earn their living in other jobs and professions.
1059 (2) It is necessary to reconcile the functions of privately employed legislators who have
1060 their own private interests with the maintenance of high ethical standards and public
1061 confidence.
1062 (3) In seeking to balance these interests, it is necessary to avoid controls that might be
1063 so strict that they discourage capable and honorable persons from entering legislative service.
1064 (4) It is recognized that public confidence in the Legislature should be promoted and
1065 that competent members should serve in the Legislature even though most of them have private
1066 interests of various types.
1067 (5) It is also recognized that a citizen legislator is in a different position in doing
1068 business with the state and its political subdivisions than a public servant whose chief source of
1069 livelihood is derived from public funds.
1070 Section 57. JR6-1-102 is enacted to read:
1071 JR6-1-102. Code of Official Conduct.
1072 (1) Each legislator shall comply with the guidelines established in Subsection (2).
1073 (2) In judging members of its house charged with an ethical violation, the Senate and
1074 House Ethics Committees shall consider whether or not the member has violated any of the
1075 following guidelines:
1076 (a) Members of the Senate and House shall not engage in any employment or other
1077 activity that would destroy or impair their independence of judgment.
1078 (b) Members of the Senate and House shall not be paid by a person, as defined in
1079 JR6-1-202 , to lobby, consult, or to further the interests of any legislation or legislative matter.
1080 (c) Members of the Senate and House shall not exercise any undue influence on any
1081 governmental entity.
1082 (d) Members of the Senate and House shall not engage in any activity that would be an
1083 abuse of official position or a violation of trust.
1084 (e) Members of the Senate and House may engage in business or professional activity
1085 in competition with others, but shall not use any information obtained by reason of their
1086 official position to gain advantage over any competition for activities with the state and its
1087 political subdivisions.
1088 (f) Members of the Senate and House shall not engage in any business relationship or
1089 activity that would require the disclosure of confidential information obtained because of their
1090 official position.
1091 (g) Members of the Senate and House shall not use their official position to secure
1092 privileges for themselves or others.
1093 (h) While in session, members of the Senate and House shall disclose any conflict of
1094 interest on any legislation or legislative matter as provided in JR6-1-201 .
1095 (i) Members of the Senate and House may accept small gifts, awards, or contributions
1096 if these favors do not influence them in the discharge of official duties.
1097 (j) Except as provided in Subsection (3), members of the Senate and the House may
1098 engage in business or professional activities with the state or its political subdivisions if the
1099 activities are entered into under the same conditions and in the same manner applicable to any
1100 private citizen or company engaged in similar activities.
1101 (k) Legislators may enter into transactions with the state by contract by following the
1102 procedures and requirements of Title 63, Chapter 56, Utah Procurement Code.
1103 (3) (a) As also required by Section 36-19-1 , a legislator, member of the legislator's
1104 household, or client may not be a party to or have an interest in the profits or benefits of a state
1105 contract when the state contract is the direct result of a bill sponsored by the legislator, unless
1106 the contract is let in compliance with state procurement policies and is open to the general
1107 public.
1108 (b) Besides the penalties authorized by these rules, Section 36-19-1 also provides that
1109 any person violating this section is guilty of a class B misdemeanor.
1110 Section 58. JR6-1-201 is enacted to read:
1111
1112 JR6-1-201. Declaring and Recording Conflicts of Interest.
1113 (1) As used in this section:
1114 (a) (i) "Business in which the legislator is associated" means any business in which a
1115 legislator is a director, officer, owner, member, partner, employee, or is a holder of stocks or
1116 bonds in the company that have a fair market value of $10,000 or more.
1117 (ii) "Business in which the legislator is associated" does not include business
1118 associations by members of the legislator's immediate family.
1119 (b) "Conflict of interest" means legislation or action by a legislator that the legislator
1120 reasonably believes may cause direct financial benefit or detriment to him, a member of the
1121 legislator's immediate family, or a business in which the legislator is associated, and that
1122 benefit or detriment is distinguishable from the effects of that action on the public or on the
1123 legislator's profession, occupation, or association generally.
1124 (c) "Immediate family" means the legislator's spouse and children living in the
1125 legislator's immediate household.
1126 (2) (a) (i) A legislator shall file a Declaration of Conflict of Interest form with the
1127 Secretary of the Senate if the legislator is a Senator, or with the Chief Clerk of the House of
1128 Representatives if the legislator is a Representative, to satisfy that legislator's disclosure of any
1129 conflicts of interest as required by Subsection (1) and Utah Code Section 76-8-109 .
1130 (ii) The legislator shall file the form when:
1131 (A) the legislator takes the oath of office; and
1132 (B) the legislator changes employment.
1133 (b) This Declaration of Conflict of Interest form shall include:
1134 (i) the businesses in which the legislator is associated; and
1135 (ii) the general legislative subject areas in which the legislator may have a conflict of
1136 interest.
1137 (c) This Declaration of Conflict of Interest form is available to the public.
1138 (3) (a) Before or during any vote on legislation or any legislative matter in which a
1139 legislator has actual knowledge that he has a conflict of interest which is not stated on the
1140 conflict of interest form, that legislator shall orally declare to the committee or body before
1141 which the matter is pending that the legislator may have a conflict of interest and what that
1142 conflict is.
1143 (b) The Secretary of the Senate or the Chief Clerk shall:
1144 (i) direct committee secretaries to note the declaration of conflict of interest in the
1145 minutes of any committee meeting; and
1146 (ii) ensure that each declaration of conflict declared on the floor is noted in the Senate
1147 Journal or House Journal.
1148 (4) This requirement of disclosure of any conflict of interest does not prohibit a
1149 legislator from voting on any legislation or legislative matter.
1150 Section 59. JR6-1-202 is enacted to read:
1151 JR6-1-202. Disclosure of Outside Remuneration.
1152 (1) As used in this section:
1153 (a) "Person" includes an individual, partnership, association, organization, company,
1154 and bodies politic and corporate or a lobbyist from any of these.
1155 (b) "Person" does not include a person who provides the legislator's primary source of
1156 income.
1157 (2) If any person provides remuneration to a legislator to compensate that legislator for
1158 a loss of salary or income while the Legislature is in session, that legislator shall file a written
1159 disclosure identifying:
1160 (a) that the legislator receives remuneration; and
1161 (b) the name of the person who provides the remuneration.
1162 (3) (a) The legislator shall file the disclosure by February 1 of each year with:
1163 (i) the Secretary of the Senate, if the legislator is a Senator; or
1164 (ii) the Chief Clerk of the House of Representatives if the legislator is a Representative.
1165 (b) This disclosure is available to the public.
1166 Section 60. JR6-2-101 is enacted to read:
1167
1168
1169 JR6-2-101. Ethics Committees -- Membership -- Jurisdiction.
1170 (1) There is established a Senate Ethics Committee and a House Ethics Committee.
1171 (2) The Senate Ethics Committee shall be composed of:
1172 (a) the chair and three additional members appointed by the President of the Senate;
1173 and
1174 (b) the co-chair and three additional members appointed by the Senate minority leader.
1175 (3) The House Ethics Committee shall be composed of:
1176 (a) the chair and three additional members appointed by the Speaker of the House of
1177 Representatives; and
1178 (b) the co-chair and three additional members appointed by the House minority leader.
1179 (4) Members of the committees shall serve two year terms.
1180 (5) If a complaint is filed against any member of the respective ethics committees, the
1181 President of the Senate or the Speaker of the House shall appoint another member of the Senate
1182 or House to serve in that member's place while the complaint is under review.
1183 Section 61. JR6-2-102 is enacted to read:
1184 JR6-2-102. Ethics Committee -- Meetings and Staff.
1185 (1) The Senate and House Ethics Committees shall operate as both standing and
1186 interim committees.
1187 (2) The committees shall meet as necessary, either as called at the discretion of the
1188 chair or by a majority vote of the committee.
1189 (3) A majority of the committee is a quorum.
1190 (4) The staff of the committees consists of:
1191 (a) the director of the Office of Legislative Research and General Counsel;
1192 (b) the Legislative General Counsel; and
1193 (c) any other members of the staff of that office designated by the director.
1194 Section 62. JR6-2-201 is enacted to read:
1195
1196 JR6-2-201. Ethics Committee -- Jurisdiction.
1197 The Senate Ethics Committee and House Ethics Committee shall review and adjudicate
1198 any charges brought against a member of the Senate or House for acts that violate:
1199 (1) the Code of Official Conduct; or
1200 (2) any law, rule, regulation, or other standard of conduct applicable to the conduct of a
1201 member of the Senate or House in the performance of legislative responsibilities, if the conduct
1202 would reflect discredit upon the Senate or House as a whole.
1203 Section 63. JR6-2-202 is enacted to read:
1204 JR6-2-202. Powers -- Subpoena -- Contempt.
1205 (1) In hearing and processing all complaints, the rules established by this Title 6 govern
1206 the procedures to be followed by the Senate and House Ethics Committees.
1207 (2) (a) For all proceedings authorized by this title, the chair and the Director of the
1208 Office of Legislative Research and General Counsel may require, by subpoena or otherwise,
1209 the attendance and testimony of witnesses and the production of any materials that the
1210 committee considers necessary.
1211 (b) The committee chair may direct staff to:
1212 (i) issue subpoenas to require the attendance of witnesses;
1213 (ii) issue subpoenas to direct the production of evidence; or
1214 (iii) issue subpoenas that require both attendance and production of evidence.
1215 (3) (a) (i) The witness's disobedience to the chair's direction to answer a question, to a
1216 subpoena to appear, to a subpoena to produce evidence, or to a subpoena that requires both
1217 attendance and production of evidence, constitutes contempt.
1218 (ii) The chair's direction to answer a question may only be overruled by a vote of the
1219 majority of the committee members present.
1220 (iii) Because the object of the Fifth Amendment privilege not to incriminate oneself is
1221 so that no criminal action will be prosecuted, it is improper for a witness to invoke the Fifth
1222 Amendment privilege if the witness cannot be prosecuted for the crime to which the witness's
1223 testimony relates.
1224 (b) A majority of the members of the committee may compel obedience to the
1225 requirements of the committee by directing staff to file a contempt proceeding in state district
1226 court against any person who:
1227 (i) fails to comply with a subpoena or a subpoena duces tecum;
1228 (ii) refuses to answer a question relevant to the investigation that does not infringe on
1229 the person's constitutional rights; or
1230 (iii) is guilty of contempt on any other grounds specified in statute or recognized at
1231 common law.
1232 Section 64. JR6-3-101 is enacted to read:
1233
1234
1235 JR6-3-101. Complaints -- Filing -- Form.
1236 (1) Any legislator who wishes to file an ethics complaint against another legislator
1237 shall file a written complaint:
1238 (a) with the President of the Senate and the chair of the Senate Ethics Committee, if the
1239 complaint is against a Senator; or
1240 (b) with the Speaker of the House and the chair of the House Ethics Committee, if the
1241 complaint is against a Representative.
1242 (2) (a) The legislator filing the complaint shall ensure that it contains the following
1243 information:
1244 (i) the name and position or title of the person alleged to be in violation, who is the
1245 respondent;
1246 (ii) the name and address of at least three Senators, if the respondent is a Senate
1247 member, or at least three Representatives, if the respondent is a House member, who are filing
1248 the complaint, who are the complainants;
1249 (iii) the nature of the alleged violation;
1250 (iv) subject to Subsection (1)(b), any facts alleged to support the complaint; and
1251 (v) all documents that support the complaint as an attachment to it.
1252 (b) If any of the facts supporting the complaint are based upon the information and
1253 belief of the complainants, the complaint shall state that the facts are presented "upon
1254 information and belief" and give the basis for that information and belief.
1255 Section 65. JR6-4-101 is enacted to read:
1256
1257
1258
1259 JR6-4-101. Review of Complaint for Compliance with Form Requirements and
1260 Notice of Complaint To Committee Members.
1261 (1) (a) Within five days after receipt of the complaint, the staff of the committee, in
1262 consultation with the chair and co-chair, shall examine each complaint to determine if it is in
1263 compliance with JR6-3-101 .
1264 (b) (i) If the chair and cochair determine that the complaint does not comply with
1265 JR6-3-101 , the chair shall return the complaint to the complainants with a copy of the
1266 legislative rules on ethics.
1267 (ii) The complainants may resubmit the complaint.
1268 (c) If the chair and cochair determine that the complaint complies with this title, the
1269 chair shall:
1270 (i) accept the complaint;
1271 (ii) notify each member of the ethics committee that the complaint has been filed; and
1272 (iii) provide each member of the ethics committee with a copy of the complaint.
1273 (2) No committee member or staff may disclose publically any information received by
1274 the committee concerning any alleged violation until the member of the Senate or House
1275 charged in the violation has received the Summary of the Preliminary Inquiry required by
1276 JR6-4-206 .
1277 Section 66. JR6-4-102 is enacted to read:
1278 JR6-4-102. First Ethics Committee Meeting -- Jurisdictional and Claim Review.
1279 (1) Within 30 days after the complaint is accepted, the chair and cochair shall:
1280 (a) schedule an ethics committee meeting; and
1281 (b) place the ethics complaint on the agenda for consideration at that meeting with the
1282 recommendation that:
1283 (i) the complaint be considered; or
1284 (ii) the complaint be dismissed because it fails to allege facts that constitute a violation.
1285 (2) (a) At the ethics committee meeting, the committee shall determine:
1286 (i) whether or not the alleged violation in the complaint is within the jurisdiction of the
1287 committee; and
1288 (ii) whether or not the complaint merits further inquiry.
1289 (b) The chair shall notify the complainants and respondent, in writing, of the
1290 determination made by the committee.
1291 (3) If the committee determines that the complaint merits further inquiry, the
1292 committee meeting shall become a preliminary inquiry to determine whether the alleged
1293 violation occurred.
1294 Section 67. JR6-4-201 is enacted to read:
1295
1296 JR6-4-201. General Rules Governing Preliminary Inquiries.
1297 (1) The scope of the preliminary inquiry is limited to the alleged violations stated in the
1298 complaint.
1299 (2) (a) Only relevant or material evidence is admissible in the preliminary inquiry.
1300 (b) The chair's determination of admissibility is final and may only be overruled by a
1301 majority vote of the committee.
1302 (3) At the beginning of the preliminary inquiry, in order to expedite the committee's
1303 investigation and to facilitate a rapid resolution of the matter, the committee cochairs and the
1304 respondent may agree in writing that the procedural requirements of Part 3, Disciplinary
1305 Hearing, are waived.
1306 (4) (a) The preliminary inquiry is closed to the public.
1307 (b) The respondent and the respondent's counsel may be present during the presentation
1308 of testimony and evidence to the committee.
1309 (c) Only Ethics Committee members and staff may be present during other portions of
1310 the preliminary inquiry.
1311 (5) Except for the official record, no camera or recording device may be brought in or
1312 used in the preliminary inquiry.
1313 (6) Upon consent of a majority of its members, the committee may permit any person,
1314 not compelled or invited, to appear and testify at a hearing or submit a sworn written statement
1315 of facts or other documentary evidence for incorporation into the record.
1316 (7) (a) The release of any testimony or other evidence presented at a closed hearing and
1317 the form and manner of that release shall be by a majority vote of all members of the
1318 committee.
1319 (b) Committee members and committee staff may not publicly disclose any other part
1320 of the preliminary inquiry.
1321 (8) If a majority of the committee determines that further evidence and testimony are
1322 necessary, the committee shall:
1323 (a) adjourn and continue the preliminary inquiry hearing to a future date; and
1324 (b) establish that future date by majority vote.
1325 Section 68. JR6-4-202 is enacted to read:
1326 JR6-4-202. Chair as Presiding Judge.
1327 (1) The committee chair is vested with the power to direct the committee in the
1328 preliminary inquiry.
1329 (2) (a) If a committee member objects to a decision of the chair, that member may
1330 appeal the decision to the committee by stating: "I appeal the decision of the chair."
1331 (b) This motion is non-debatable.
1332 (c) The chair shall direct a roll call vote to determine if the committee membership
1333 supports the decision of the chair.
1334 (d) A majority vote of the committee is necessary to overrule the decision of the chair.
1335 (3) The chair may set time limitations on any part of the preliminary inquiry.
1336 Section 69. JR6-4-203 is enacted to read:
1337 JR6-4-203. Testimony and Examination of Witnesses -- Oath -- Contempt.
1338 (1) At the direction of the committee chair and cochair, the committee may hear the
1339 testimony of the complainants, the respondent, and witnesses.
1340 (2) (a) Each witness shall testify under oath.
1341 (b) Legislative General Counsel shall administer the oath to each witness.
1342 (3) The chair shall permit the witness to make a brief opening statement if the witness
1343 desires.
1344 (4) The committee chair shall direct the examination of the witness as follows:
1345 (a) After the witness's presentation, the chair shall:
1346 (i) give committee members the opportunity to question the witness; and
1347 (ii) give the respondent the opportunity to question the witness.
1348 (b) The committee chair may allow further examination of the witness by the
1349 committee, committee staff, or the respondent.
1350 (5) (a) If the witness objects to a question, the chair may direct the witness to answer.
1351 (b) If the witness still declines to answer the question, the witness may be held in
1352 contempt as provided in JR6-2-202 .
1353 (6) (a) The committee chair shall direct each witness to furnish any relevant evidence
1354 for the committee's consideration if the witness has brought the material voluntarily or has been
1355 required to bring it by subpoena.
1356 (b) If the witness declines to provide evidence in response to a subpoena, the witness
1357 may be held in contempt as provided in JR6-2-202 .
1358 (7) The chair may allow a witness to insert into the record a sworn written statement of
1359 reasonable length that is relevant to the purpose, subject matter, and scope of the investigation.
1360 Section 70. JR6-4-204 is enacted to read:
1361 JR6-4-204. Right to Counsel -- Limitations on Counsel.
1362 (1) Any witness testifying before the committee may have the witness's counsel
1363 present.
1364 (2) During the preliminary inquiry, counsel for a witness shall confine his activity
1365 exclusively to private advice to his client about the witness's legal rights.
1366 (3) Counsel for a witness may not:
1367 (a) advise the witness during the witness's testimony, except when specifically
1368 requested by the witness;
1369 (b) address the committee;
1370 (c) ask questions of any witness, including the counsel's client; or
1371 (d) engage in oral arguments with the committee.
1372 (4) Because the committee seeks factual testimony within the personal knowledge of
1373 the witness, the witness's counsel may not suggest testimony and answers to the witness during
1374 the inquiry, but must allow the witness to present testimony and answer questions without
1375 prompting or suggestions.
1376 (5) If the witness's counsel fails to comply with any of the requirements of this
1377 JR6-4-204 , the chair may exclude the counsel from the preliminary inquiry.
1378 Section 71. JR6-4-205 is enacted to read:
1379 JR6-4-205. Rights of the Respondent.
1380 The chair shall give the respondent an opportunity to respond, orally or in writing, to
1381 the allegations stated in the complaint.
1382 Section 72. JR6-4- 206 is enacted to read:
1383 JR6-4- 206. Record.
1384 (1) The chair shall ensure that:
1385 (a) a record of the preliminary inquiry is made; and
1386 (b) the record includes:
1387 (i) rulings of the chair;
1388 (ii) questions of the committee and its staff;
1389 (iii) the testimony and responses of witnesses;
1390 (iv) sworn statements submitted to the committee;
1391 (v) relevant documents; and
1392 (vi) any other matters that the committee or its chair directs.
1393 (2) After the preliminary inquiry is completed, the staff of the committee shall keep a
1394 file containing a comprehensive summary of the inquiry.
1395 Section 73. JR6-4-207 is enacted to read:
1396 JR6-4-207. Process for Making a Decision -- Remedies -- Publication of Decision.
1397 (1) If, at the conclusion of the preliminary inquiry in which the procedural
1398 requirements of Part 3, Disciplinary Hearing, are not waived, the committee determines, by a
1399 preponderance of the evidence, that there is reason to believe that the alleged violation did
1400 occur, the committee shall direct staff to prepare a Summary of the Preliminary Inquiry.
1401 (2) If, at the conclusion of the preliminary inquiry in which the procedural
1402 requirements of Part 3, Disciplinary Hearing, are waived, the committee determines, by clear
1403 and convincing evidence, that the alleged violation did occur, the committee shall direct staff to
1404 prepare a Summary of the Preliminary Inquiry.
1405 (3) (a) After the announcement of the committee's decision in the Summary of the
1406 Preliminary Inquiry, if the procedural requirements of Part 3, Disciplinary Hearing, have been
1407 waived, the committee shall determine what recommendation should be made to the Senate or
1408 House with respect to any count that has been proved as provided in Subsection (4).
1409 (b) The committee may not hear any further testimony during the preliminary inquiry,
1410 except by a majority vote of the committee.
1411 (4) (a) A count is not proved unless a majority of the committee so determine by vote.
1412 (b) A count that is not proved is dismissed.
1413 (c) If a majority of the committee does not vote that a count has been proved, a motion
1414 to reconsider that vote may only be made by a member of the committee who voted that the
1415 count was not proved.
1416 (5) (a) The committee may, for any count that has been voted as proved, recommend
1417 one or more of the following actions:
1418 (i) censure;
1419 (ii) expulsion;
1420 (iii) denial or limitation of any right, power, or privilege of the respondent, if, under the
1421 Utah Constitution, the Senate or House may impose that denial or limitation, and if the
1422 violation bears upon the exercise or holding of any right, power, or privilege; or
1423 (iv) any other action that the committee determines is appropriate.
1424 (b) If a majority of the committee does not vote in favor of the recommendation for
1425 action, a motion to reconsider may only be made by a member of the committee who voted
1426 against the recommendation.
1427 Section 74. JR6-4-301 is enacted to read:
1428
1429 JR6-4-301. Disciplinary Hearing -- General Provisions.
1430 (1) If there is no waiver of the disciplinary hearing as provided in JR6-4-201 (3), the
1431 Senate and House Ethics Committees shall follow the procedures in this part to prepare for and
1432 conduct a disciplinary hearing.
1433 (2) (a) Before beginning any disciplinary hearing, the committee shall:
1434 (i) adopt a statement establishing the scope and purpose of the hearing; and
1435 (ii) provide a copy of the statement to each witness.
1436 (b) The scope and purpose of the hearing may expand or contract during the hearing,
1437 depending upon the evidence received.
1438 (3) The respondent has the right to counsel during all stages of the disciplinary hearing.
1439 (4) The disciplinary hearing is open to the public.
1440 Section 75. JR6-4-302 is enacted to read:
1441 JR6-4-302. Appointment of Special Prosecutor.
1442 (1) (a) The chair shall appoint a special prosecutor.
1443 (b) This special prosecutor shall be paid by the Senate if it is a Senate Ethics
1444 Committee or the House if it is a House Ethics Committee.
1445 (2) The special prosecutor shall:
1446 (a) prepare the Statement of Alleged Violation as provided in JR6-4-303 ; and
1447 (b) act as prosecutor against the respondent in the disciplinary hearing.
1448 Section 76. JR6-4-303 is enacted to read:
1449 JR6-4-303. Statement of Alleged Violation.
1450 (1) In preparing the Statement of Alleged Violation, the special prosecutor shall, after
1451 reviewing the Summary of the Preliminary Inquiry, ensure that:
1452 (a) the statement is divided into separate counts; and
1453 (b) each count alleges a separate violation and includes the facts that support each
1454 alleged violation.
1455 (2) After completing the Statement of Alleged Violation, the special prosecutor shall:
1456 (a) review the statement with the committee chair and committee staff;
1457 (b) obtain approval of the statement from the committee chair; and
1458 (c) transmit the Statement of Alleged Violation to the respondent and to the
1459 complainants.
1460 Section 77. JR6-4-304 is enacted to read:
1461 JR6-4-304. Response to Statement of Alleged Violation.
1462 (1) Within 30 calendar days after receipt of the Statement of Alleged Violation, the
1463 respondent may file a written response to the statement, which must be signed by the
1464 respondent or the respondent's counsel.
1465 (2) The respondent shall limit the response to the following:
1466 (a) an admission or denial of each count, under oath, with any supportive evidence or
1467 relevant information;
1468 (b) an objection to any or all counts on the grounds that the count fails to state facts
1469 that constitute a violation of the Code of Official Conduct or any law, rule, regulation, or other
1470 standard of conduct applicable to a member of the Senate or House in the performance of
1471 legislative responsibilities;
1472 (c) an objection to the jurisdiction of the committee considering the allegations
1473 contained in the statement;
1474 (d) a motion for a more detailed statement regarding the cause of action stated in the
1475 complaint; or
1476 (e) an objection to the participation of any member of the committee, the committee's
1477 staff, or the special prosecutor on the grounds that that person would be unable to render a fair
1478 and impartial judgment or investigation.
1479 (3) If the respondent fails to submit a response to the Statement of Alleged Violation or
1480 to any count contained in it, the statement or count constitutes an admission of the alleged
1481 violation.
1482 Section 78. JR6-4-305 is enacted to read:
1483 JR6-4-305. Committee Action on Statement of Alleged Violation and Response.
1484 (1) (a) Within 30 calendar days after receipt of the respondent's response or the
1485 respondent's failure to respond within that time, the committee shall determine, by majority
1486 vote, to:
1487 (i) dismiss the complaint;
1488 (ii) grant or deny the respondent's motion for a more detailed statement, and if this
1489 motion is granted, direct the special prosecutor to give more detail in the Statement of Alleged
1490 Violation and give the respondent 30 days from receipt of this statement to respond as provided
1491 in JR6-4-304 ;
1492 (iii) hold a disciplinary hearing; or
1493 (iv) defer action, if a judicial proceeding is pending.
1494 (b) If the committee is unable to obtain a majority vote directing further proceedings
1495 against the respondent, the statement and complaint are considered dismissed.
1496 (2) The chair shall ensure that the respondent and complainants are notified, in writing,
1497 of the action taken by the committee.
1498 (3) The chair may:
1499 (a) extend any time limitation, if the extension would facilitate a fair and complete
1500 inquiry; or
1501 (b) shorten any time limitation, if special circumstances require it.
1502 (4) (a) If an objection to the participation of any person is raised in the respondent's
1503 response under JR6-4-304 (2)(e), the committee, by majority vote, shall:
1504 (i) evaluate the person against whom the objection is raised to determine whether or
1505 not the person can fairly and impartially participate; and
1506 (ii) by majority vote, determine whether or not to allow that person to participate.
1507 (b) If a majority of the committee does not agree to exclude the person, the person may
1508 participate.
1509 Section 79. JR6-4-306 is enacted to read:
1510 JR6-4-306. Disciplinary Hearing -- General Requirements -- Two Phases.
1511 The disciplinary hearing is open to the public and consists of two phases:
1512 (1) In Phase I, the committee must determine whether or not the counts in the
1513 Statement of Alleged Violation have been proved by clear and convincing evidence.
1514 (2) In Phase II, the committee must determine what recommendation should be made
1515 to the Senate or House with respect to any count that has been proved.
1516 Section 80. JR6-4-307 is enacted to read:
1517 JR6-4-307. Disciplinary Hearing Process -- Phase 1, Adjudication Phase.
1518 (1) The chair shall:
1519 (a) call the meeting to order;
1520 (b) describe the committee's authority to conduct the hearing;
1521 (c) inform the committee, the respondent, and the attendees of the purpose and scope
1522 of the hearing; and
1523 (d) proceed with the hearing.
1524 (2) Witnesses and evidence shall be received in the following order whenever possible:
1525 (a) witnesses and evidence offered by the special prosecutor;
1526 (b) witnesses and evidence offered by the respondent; and
1527 (c) rebuttal witnesses.
1528 (3) All witnesses shall testify under oath.
1529 (4) Witnesses offered by the special prosecutor shall be:
1530 (a) examined first by the special prosecutor;
1531 (b) cross-examined by the respondent or the respondent's counsel;
1532 (c) examined by committee members and committee staff; and
1533 (d) redirect examination and recross examination, if permitted by the chair.
1534 (5) Witnesses offered by the respondent shall be:
1535 (a) examined first by the respondent or respondent's counsel;
1536 (b) cross-examined by the special prosecutor;
1537 (c) examined by committee members and committee staff; and
1538 (d) redirect examination and recross examination if permitted by the chair.
1539 (6) At the disciplinary hearing, the burden of proof rests upon the special prosecutor,
1540 who must establish a violation of any facts by clear and convincing evidence.
1541 (7) (a) For a count to be proved, a majority of the committee must vote that it is proved
1542 by clear and convincing evidence.
1543 (b) The chair shall dismiss each count that is not proved by majority committee vote.
1544 (c) If a majority of the committee does not vote that a count has been proved, a motion
1545 to reconsider that vote may only be made by a member of the committee who voted that the
1546 count was not proved.
1547 Section 81. JR6-4-308 is enacted to read:
1548 JR6-4-308. Disciplinary Hearing Process -- Phase II, Penalty Phase -- Remedies.
1549 (1) The committee may not hear any further testimony during Phase II unless a
1550 majority of the committee votes to allow additional testimony.
1551 (2) In Phase II of the disciplinary hearing, the committee may, for any count that has
1552 been voted as proved, recommend one or more of the following actions:
1553 (a) censure;
1554 (b) expulsion;
1555 (c) denial or limitation of any right, power, or privilege of the respondent, if:
1556 (i) under the Utah Constitution, the Senate or House may impose that denial or
1557 limitation; and
1558 (ii) the violation bears upon the exercise or holding of the right, power, or privilege; or
1559 (d) any other action that the committee determines is appropriate.
1560 (3) If a majority of the committee does not vote in favor of the recommendation for
1561 action, a motion to reconsider may only be made by a member of the committee who voted
1562 against the recommendation.
1563 (4) The chair shall ensure that the committee's recommendation to the Senate or House
1564 is:
1565 (a) submitted in writing; and
1566 (b) contains a brief but complete statement of the evidence that supports the
1567 committee's recommendations.
1568 Section 82. JR6-4-309 is enacted to read:
1569 JR6-4-309. Announcement of Decision.
1570 At the conclusion of the committee's deliberations in the disciplinary hearing, when a
1571 decision has been reached, the chair shall inform the respondent and his counsel of the
1572 committee's decision.
1573 Section 83. JR6-4-310 is enacted to read:
1574 JR6-4-310. Records of Disciplinary Hearing.
1575 After the disciplinary hearing is completed, the staff of the committee shall keep a file
1576 containing a comprehensive summary of the disciplinary hearing.
1577 Section 84. JR6-5-101 is enacted to read:
1578
1579
1580 JR6-5-101. Senate and House Action.
1581 (1) The Senate or House shall:
1582 (a) consider the recommendations of the ethics committee; and
1583 (b) by a majority vote of that house, either accept, dismiss, or alter these
1584 recommendations.
1585 (2) If the committee recommends expulsion of a Senator or Representative, acceptance
1586 of this recommendation requires a two-thirds vote of all the members elected to the Senate or
1587 to the House.
1588 Section 85. Repealer.
1589 This resolution repeals:
1590 JR-4.01, Defining "Bill."
1591 JR-4.02, Defining "Resolution."
1592 JR-4.03, Types of Resolutions.
1593 JR-4.04, Bill Size.
1594 JR-4.05, Form of Bills.
1595 JR-4.06, Form of Resolutions.
1596 JR-4.07, Designation.
1597 JR-4.08, Short Title and Long Title.
1598 JR-4.09, Reference to an Appropriation in a Bill.
1599 JR-4.10, Title of Bill to be Printed Once.
1600 JR-4.11, List of Sections Affected.
1601 JR-4.12, Enacting Clause.
1602 JR-4.13, Resolving Clauses.
1603 JR-4.14, Intent Language in an Appropriations Bill.
1604 JR-4.15, Enacting New Legislation.
1605 JR-4.16, Amendments in Bill.
1606 JR-4.17, Identifying Adopted Amendments in Context.
1607 JR-4.18, Amendment or Substitution to be Germane.
1608 JR-4.19, Early Effective Date.
1609 JR-4.20, Delayed Effective Date.
1610 JR-4.20.1, Retrospective Operation.
1611 JR-4.21, General Effective Date of Bills and Resolutions.
1612 JR-4.22, Bills; Requests; Drafting; Copies; Notes.
1613 JR-4.22.1, Appropriations; Requests; Disposition.
1614 JR-4.23, Amended Fiscal Note or Amended Legislative Review Letter.
1615 JR-4.24, Substitute and Replacement Bills.
1616 JR-4.25, Bill Backs.
1617 JR-4.26, Reading of Titles of Bills.
1618 JR-4.27, Prefiling of Bills.
1619 JR-4.28, Reference of Bills.
1620 JR-4.29, Bills Ordered Printed.
1621 JR-4.30, Printing of Identical Bills.
1622 JR-4.31, Reference to Standing or Interim Committee.
1623 JR-4.32, Secretary and Chief Clerk to Deliver Bills to Standing or Interim
1624 Committees.
1625 JR-4.33, Bills Referred to Committee.
1626 JR-4.34, Bill Transmitted to Other House.
1627 JR-4.35, Possession of a Bill.
1628 JR-4.36, Preference Given to Bills of Other House.
1629 JR-4.38, Striking Enacting Clause.
1630 JR-4.39, Distribution of Resolutions.
1631 JR-4.40, Reservation of Bill Numbers.
1632 JR-6.01, Transmittal Letter Accompany Bill.
1633 JR-6.02, Notice to Other House of Rejection.
1634 JR-6.03, Transmittal Letter; By Whom Sent; Form.
1635 JR-6.04, Sponsorship of Legislation in the Other House.
1636 JR-7.01, Concurrence in Amendments.
1637 JR-8.01, Certification.
1638 JR-8.02, Presiding Officers to Sign Bills.
1639 JR-8.03, Enrollment.
1640 JR-8.04, Sent to Governor.
1641 JR-8.05, Governor's Action of Bill Reported to Other House.
1642 JR-9.01, Recalling a Bill for Corrections.
1643 JR-9.02, Recall by Joint Resolution.
1644 JR-9.03, Time Limit on Recalling a Bill.
1645 JR-13.01, Annual General Sessions.
1646 JR-13.02, Eligibility of Senators and Representatives.
1647 JR-13.03, Ineligibility to be a Legislator.
1648 JR-13.04, Senator's and Representative's Ineligibility for Office Created during
1649 Term for Which Elected.
1650 JR-13.05, Privilege from Arrest.
1651 JR-13.06, Compensation.
1652 JR-13.07, Each House to Judge Election, Qualifications, and Expulsion of
1653 Members.
1654 JR-13.08, Quorum; Attendance Compelled.
1655 JR-13.09, Rules, Officers, and Employees.
1656 JR-13.10, Filling Vacancies.
1657 JR-13.11, Contents of Journal.
1658 JR-13.12, Public Sessions; Adjournments.
1659 JR-13.13, Special and Impeachment Sessions.
1660 JR-13.19, Bill Passage and One Subject Restriction.
1661 JR-13.20, Presiding Officers to Sign Bills.
1662 JR-13.21, Effective Date of Legislation.
1663 JR-13.22, Private or Special Laws.
1664 JR-13.23, Lotteries not Authorized.
1665 JR-13.24, Delegation of Legislative Power.
1666 JR-13.25, Lending Public Credit Forbidden.
1667 JR-13.26, Continuity in Government During Emergency.
1668 JR-13.27, Additional Legislative Compensation.
1669 JR-13.28, Power to Appoint Additional Employees.
1670 JR-13.29, Appointment of Legislative Auditor.
1671 JR-13.30, Veto Override Power and Sessions.
1672 JR-13.31, Judicial Power of Senate.
1673 JR-15.01, Definition.
1674 JR-15.02, Expenses While in Session.
1675 JR-15.03, Expenses for Authorized Legislative Meetings -- Special Sessions -- Veto
1676 Override Sessions.
1677 JR-15.04, Out-of-State Travel.
1678 JR-15.05, Legislative Expenses Oversight Committee.
1679 JR-16.01, Legislative Ethics.
1680 JR-16.02, Senate and House Ethics Committees.
1681 JR-16.03, Code of Official Conduct.
1682 JR-16.04, Rules of Procedure for the Senate and House Ethics Committees.
1683 JR-16.05, Declaring and Recording Conflict of Interest.
1684 JR-16.06, Disclosure of Remuneration.
1685 JR-16.07, Disciplinary Hearing.
1686 JR-19.01, Prioritization of Bills.
1687 JR-19.02, Requesting, Refiling, Approving, and Abandoning Bills.
1688 JR-19.03, Fiscal Note Threshold; Deadline for Passing Fiscal Note Bills.
1689 JR-19.04, Bond Bills; Availability and Deadline for Passage.
1690 JR-19.05, Appropriations Bills and School Finance Bills; Availability and
1691 Deadline for Passage.
1692 JR-19.06, Second Supplemental Appropriations Bill.
1693 JR-19.07, Base Budget Bills.
Legislative Review Note
as of 2-2-07 6:08 PM