1     
JOINT RULES RESOLUTION ON PROCEDURE

2     
2017 GENERAL SESSION

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STATE OF UTAH

4     
Chief Sponsor: Rebecca Chavez-Houck

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Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This joint resolution modifies the request for legislation process.
10     Highlighted Provisions:
11          This resolution:
12          ▸     modifies what information is required in a request for legislation;
13          ▸     authorizes certain leadership to file boxcars;
14          ▸     increases the number of priorities that can be requested, including amending the
15     deadlines for prioritizing;
16          ▸     addresses the order in which prioritized legislation is drafted; and
17          ▸     makes technical changes.
18     Special Clauses:
19          None
20     Legislative Rules Affected:
21     AMENDS:
22          JR4-1-101
23          JR4-2-101
24          JR4-2-102
25     

26     Be it resolved by the Legislature of the state of Utah:
27          Section 1. JR4-1-101 is amended to read:
28          JR4-1-101. Definitions.
29          As used in this title:
30          (1) "Bill" means legislation introduced for consideration by the Legislature that does
31     any, some, or all of the following to Utah statutes:
32          (a) amends;
33          (b) enacts;
34          (c) repeals;
35          (d) repeals and reenacts; or
36          (e) renumbers and amends.
37          (2) "Boldface" means the brief descriptive summary of the contents of a statutory
38     section prepared by the Office of Legislative Research and General Counsel that is printed for
39     each title, chapter, part, and section of the Utah Code.
40          (3) "Boxcar" means a request for legislation that:
41          (a) only identifies the general subject matter of an area within which the proposed
42     legislation is likely to fall; or
43          (b) lacks sufficient detail to allow a drafter to reasonably understand the legislation's
44     purpose.
45          [(3)] (4) "Concurrent resolution" means a written proposal of the Legislature and
46     governor, which, to be approved, must be passed by both houses of the Legislature and
47     concurred to by the governor.
48          [(4)] (5) "Constitutional joint resolution" means a joint resolution proposing to amend,
49     enact, or repeal portions of the Utah Constitution which, to be approved for submission to the
50     voters, must be passed by a two-thirds vote of both houses of the Legislature.
51          [(5)] (6) "House resolution" means a written proposal of the House of Representatives
52     which, to be approved, must be passed by the House of Representatives.
53          [(6)] (7) "Joint resolution" means a written proposal of the Legislature which, to be
54     approved, must be passed by both houses of the Legislature.
55          [(7)] (8) "Laws of Utah" means all of the laws currently in effect in Utah.
56          [(8)] (9) "Legislation" means bills and resolutions introduced for consideration by the
57     Legislature.
58          [(9)] (10) "Request for legislation" means a formal request from a legislator or interim
59     committee that a bill or resolution be prepared by the Office of Legislative Research and
60     General Counsel.
61          [(10)] (11) "Resolution" includes constitutional joint resolutions, other joint
62     resolutions, concurrent resolutions, House resolutions, and Senate resolutions.
63          [(11)] (12) "Senate resolution" means a written proposal of the Senate which, to be
64     approved, must be passed by the Senate.
65          [(12)] (13) "Statute" means a law that has met the constitutional requirements for
66     enactment.
67          [(13)] (14) "Statutory section" means the unique unit of the laws of Utah that is
68     identified by a title, chapter, and section number.
69          Section 2. JR4-2-101 is amended to read:
70          JR4-2-101. Requests for legislation -- Contents -- Timing.
71          (1) (a) A legislator wishing to introduce a bill or resolution shall file a [Request for
72     Legislation] request for legislation with the Office of Legislative Research and General
73     Counsel within the time limits established by this rule.
74          (b) The request for legislation shall:
75          (i) designate the chief sponsor, who is knowledgeable about and responsible for
76     providing pertinent information as the legislation is drafted;
77          (ii) designate any supporting legislators from the same house as the chief sponsor who
78     wish to cosponsor the legislation; and
79          (iii) (A) provide specific or conceptual information concerning the change or addition
80     to law or policy that the legislator intends the proposed legislation to make; or
81          (B) identify the specific situation or concern that the legislator intends the legislation to
82     address[; or].
83          [(C) identify the general subject area within which the proposed legislation is likely to
84     fall.]
85          (c) Except as provided in Subsection (5), a legislator may not file a boxcar.
86          (2) (a) Any legislator may file a request for legislation beginning 60 days after the
87     Legislature adjourns its annual general session sine die.
88          (b) A legislator-elect may file a request for legislation beginning on the November 15
89     after the annual general election at which the legislator was elected.
90          (c) (i) If an incumbent legislator does not file to run for reelection or is defeated in a
91     political party convention, primary election, or general election, that legislator may not file any
92     requests for legislation as of that date.
93          (ii) The Office of Legislative Research and General Counsel shall abandon each
94     request for legislation from the legislator that is pending on that date unless, within 30 days
95     after that date, another member of the Legislature qualified to file a request for legislation
96     assumes sponsorship of the legislation.
97          (d) (i) If, for any reason, a legislator who filed a request for legislation is unavailable to
98     serve in the next annual general session, the former legislator shall seek another legislator to
99     assume sponsorship of each request for legislation filed by the legislator who is unavailable to
100     serve.
101          (ii) If the former legislator is unable to find another legislator to sponsor the legislation
102     within 30 days, the Office of Legislative Research and General Counsel shall abandon each
103     pending request for legislation from the legislator who is unavailable to serve.
104          (3) (a) Except as provided in Subsection (3)(c), a legislator may not file a [Request for
105     Legislation] request for legislation with the Office of Legislative Research and General
106     Counsel after noon on the 11th day of the annual general session.
107          (b) Except as provided in Subsection (3)(c), by noon on the 11th day of the annual
108     general session, each legislator shall, for each [Request for Legislation] request for legislation
109     on file with the Office of Legislative Research and General Counsel, either approve the request
110     for numbering or abandon the request.
111          (c) After the date established by this Subsection (3), a legislator may file a [Request for
112     Legislation] request for legislation and automatically approve the legislation for numbering if:
113          (i) for House legislation, the representative makes a motion to request a bill or
114     resolution for drafting and introduction and that motion is approved by a constitutional
115     majority of the House; or
116          (ii) for Senate legislation, the senator makes a motion to request a bill or resolution for
117     drafting and introduction and that motion is approved by a constitutional majority vote of the
118     Senate.
119          (4) A legislator wishing to obtain funding for a project, program, or entity, when that
120     funding request does not require that a statute be enacted, repealed, or amended, may not file a
121     [Request for Legislation] request for legislation but instead shall file a request for appropriation
122     by following the procedures and requirements of JR4-3-101.
123          (5) (a) Each of the following may submit up to five requests for legislation that are
124     boxcars:
125          (i) the majority leader of the House of Representatives;
126          (ii) the minority leader of the House of Representatives;
127          (iii) the majority leader of the Senate; or
128          (iv) the minority leader of the Senate.
129          (b) The persons listed in Subsection (5)(a) may transfer a request for boxcar legislation
130     to a member of the person's caucus if the member provides the information required by
131     Subsection (1)(b)(iii).
132          Section 3. JR4-2-102 is amended to read:
133          JR4-2-102. Drafting and prioritizing legislation.
134          (1) (a) Requests for legislation shall be drafted on a first-in, first-out basis.
135          (b) Notwithstanding Subsection (1)(a), the following requests for legislation shall be
136     drafted before other requests for legislation when sufficient drafting information is available:
137          (i) a request for legislation that is prioritized by a legislator under Subsection (2); and
138          (ii) a request for legislation that is requested by the majority vote of an interim
139     committee.
140          (2) (a) Beginning on the first day on which a request for legislation may be filed under
141     JR4-2-101, a legislator may designate up to [three] four requests for legislation as priority
142     requests subject to the following deadlines:
143          (i) priority request number one must be requested on or before the first Thursday in
144     December, or the following business day if the first Thursday falls on a holiday;
145          (ii) priority request number two must be requested on or before the first Thursday in
146     January, or the following business day if the first Thursday falls on a holiday; and
147          (iii) priority request [number] numbers three and four must be requested on or before
148     the first Thursday of the annual general session.
149          (b) A legislator who fails to make a priority request on or before a deadline loses that
150     priority request. However, the legislator is not prohibited from using any remaining priority
151     requests that are associated with a later deadline, if available.
152          (c) A legislator who begins serving after a deadline has passed is entitled to use only
153     those priority requests that are available under an unexpired deadline.
154          (d) A legislator may not designate a request for legislation as a priority request unless
155     the request:
156          (i) provides specific or conceptual information concerning the change or addition to
157     law or policy that the legislator intends the proposed legislation to make; or
158          (ii) identifies the specific situation or concern that the legislator intends the legislation
159     to address.
160          (e) Notwithstanding Subsection (1)(a), a drafting attorney shall draft prioritized
161     requests for legislation that are assigned to the drafting attorney in the order that the requests
162     for legislation are prioritized.
163          (3) A legislator may not:
164          (a) revoke a priority designation once it has been requested;
165          (b) transfer a priority designation to a different request for legislation; or
166          (c) transfer a priority designation to another legislator.
167          (4) Except as provided under JR4-2-502 or as otherwise provided in these rules, the
168     Office of Legislative Research and General Counsel shall:
169          (a) reserve as many bill numbers as necessary to number the bills recommended by an
170     interim committee; and
171          (b) number all other legislation in the order in which the legislation is approved by the
172     sponsor for numbering.




Legislative Review Note
Office of Legislative Research and General Counsel