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S.J.R. 13

             1     

JOINT RULES RESOLUTION MODIFYING ELIGIBILITY

             2     
REQUIREMENTS FOR INDEPENDENT LEGISLATIVE

             3     
ETHICS COMMISSION MEMBERS

             4     
2014 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Chief Sponsor: John L. Valentine

             7     
House Sponsor: Dean Sanpei

             8     
             9      LONG TITLE
             10      General Description:
             11          This bill amends membership requirements for the Independent Legislative Ethics
             12      Commission.
             13      Highlighted Provisions:
             14          This resolution:
             15          .    modifies membership requirements for judges serving on the Independent
             16      Legislative Ethics Commission.
             17      Special Clauses:
             18          None
             19      Legislative Rules Affected:
             20      AMENDS:
             21           JR6-2-103
             22     
             23      Be it resolved by the Legislature of the state of Utah:
             24          Section 1. JR6-2-103 is amended to read:
             25           JR6-2-103. Independent Legislative Ethics Commission -- Membership.
             26          (1) There is established an Independent Legislative Ethics Commission.
             27          (2) The commission is composed of five persons, each of whom is registered to vote in


             28      this state, appointed as follows:
             29          (a) two members, who have served[, but no longer serve,] as judges of a court of record
             30      in this state, each of whom shall be nominated by the mutual consent of the president of the
             31      Senate and the speaker of the House, and appointed by a majority vote of the president of the
             32      Senate, speaker of the House, Senate minority leader, and House minority leader;
             33          (b) one member, who has served[, but no longer serves,] as a judge of a court of record
             34      in this state, nominated by the mutual consent of the Senate minority leader and the House
             35      minority leader, and appointed by a majority vote of the president of the Senate, speaker of the
             36      House, Senate minority leader, and House minority leader;
             37          (c) one member, who has served as a member of the Legislature in this state no more
             38      recently than four years before the date of appointment, appointed by the mutual consent of the
             39      president of the Senate and the speaker of the House of Representatives; and
             40          (d) one member, who has served as a member of the Legislature in this state no more
             41      recently than four years before the date of appointment, appointed by the mutual consent of the
             42      Senate minority leader and House minority leader.
             43          (3) A member of the commission may not, during the member's term of office on the
             44      commission, act or serve as:
             45          (a) an officeholder as defined in Section 20A-11-101 ;
             46          (b) an agency head as defined in Section 67-16-3 ;
             47          (c) a lobbyist as defined in Section 36-11-102 ; or
             48          (d) a principal as defined in Section 36-11-102 .
             49          (4) (a) (i) Except as provided in Subsection (4)(a)(ii), each member of the commission
             50      shall serve a four-year term.
             51          (ii) When appointing the initial members upon formation of the commission, one
             52      member nominated by the president of the Senate and the speaker of the House of
             53      Representatives and one member nominated by the Senate minority leader and House minority
             54      leader shall be appointed to a two-year term so that approximately half of the commission is
             55      appointed every two years.
             56          (b) (i) When a vacancy occurs in the commission's membership for any reason, a
             57      replacement member shall be appointed for the unexpired term of the vacating member using
             58      the procedures and requirements of Subsection (2).


             59          (ii) For the purposes of this rule, an appointment for an unexpired term of a vacating
             60      member is not considered a full term.
             61          (c) A member may not be appointed to serve for more than two full terms, whether
             62      those terms are two or four years.
             63          (d) A member of the commission may resign from the commission by giving one
             64      month's written notice of the resignation to the president of the Senate, speaker of the House,
             65      Senate minority leader, and House minority leader.
             66          (e) The chair of the Legislative Management Committee shall remove a member from
             67      the commission if the member:
             68          (i) is convicted of, or enters a plea of guilty to, a crime involving moral turpitude;
             69          (ii) enters a plea of no contest or a plea in abeyance to a crime involving moral
             70      turpitude; or
             71          (iii) fails to meet the qualifications of office as provided in this rule.
             72          (f) If a commission member is accused of wrongdoing in a complaint, or if a
             73      commission member determines that he or she has a conflict of interest in relation to a
             74      complaint, a temporary commission member shall be appointed to serve in that member's place
             75      for the purposes of reviewing that complaint using the procedures and requirements of
             76      Subsection (2).
             77          (5) (a) A member of the commission may not receive compensation or benefits for the
             78      member's service, but may receive per diem and expenses incurred in the performance of the
             79      member's official duties at the rates established by the Division of Finance under Sections
             80      63A-3-106 and 63A-3-107 .
             81          (b) A member may decline to receive per diem and expenses for the member's service.
             82          (6) (a) The commission members shall convene a meeting annually each January and
             83      elect, by a majority vote, a commission chair from among the commission members.
             84          (b) A person may not serve as chair for more than two consecutive years.






Legislative Review Note
    as of 2-3-14 9:54 AM


Office of Legislative Research and General Counsel


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