8 LONG TITLE
9 General Description:
10 This rules resolution makes changes to the joint legislative rules.
11 Highlighted Provisions:
12 This resolution:
13 ▸ modifies the timing for when a newly elected legislator is considered eligible to
14 request bill files;
15 ▸ modifies the rules for determining when a non-returning legislator may no longer
16 request bill files;
17 ▸ consolidates rules relating to posting of bill-related information on the legislative
18 website into a single section;
19 ▸ changes the number of priority bill designations and modifies the deadlines for
20 requesting priority bill designations;
21 ▸ removes disused drafting deadline requirements;
22 ▸ clarifies and modifies committee coverage and procedures related to:
23 • the procedures for creating and the contents of interim committee notes placed
24 on legislation; and
25 • the display of draft legislation and committee note information on the
26 legislature's website;
27 ▸ requires certain information to be made available on the legislative website;
28 ▸ modifies conflict of interest provisions;
29 ▸ modifies and clarifies provisions related to adoption of interim committee study
30 lists during the first yearly meeting of each interim committee;
31 ▸ modifies provisions related to time periods when certain legislative committees are,
32 with certain exceptions, prohibited from meeting;
33 ▸ clarifies that legislators meeting remotely during an electronic meeting, are required
34 to vote on motions, consistent with attendance in person;
35 ▸ modifies provisions related to an interim committee electing to authorize chairs to
36 independently open committee bill files;
37 ▸ modifies requirements and procedures for the opening and drafting of committee
38 bill files;
39 ▸ requires draft legislation being considered in an interim meeting to be publicly
40 posted on the legislature's website for a certain period before the meeting time and
41 provides that certain actions may not be taken if draft legislation fails to comply
42 with the requirements;
43 ▸ modifies provisions related to verbal amendments to draft legislation being
44 reviewed in interim committees; and
45 ▸ removes an outdated procurement rule.
46 Special Clauses:
48 Legislative Rules Affected:
67 Be it resolved by the Legislature of the state of Utah:
68 Section 1. JR2-1-101 is amended to read:
69 JR2-1-101. Annual general session rules apply.
70 Except as otherwise provided in this chapter, rules adopted or amended by each house
71 of the Legislature during the immediately preceding annual general session, and any
72 intervening session, apply to the conduct of that house during a special session.
73 Section 2. JR4-2-101 is amended to read:
74 JR4-2-101. Requests for legislation -- Contents -- Timing.
75 (1) (a) A legislator wishing to introduce a bill or resolution shall file a Request for
76 Legislation with the Office of Legislative Research and General Counsel within the time limits
77 established by this rule.
78 (b) The request for legislation shall:
79 (i) designate the chief sponsor, who is knowledgeable about and responsible for
80 providing pertinent information as the legislation is drafted;
81 (ii) designate any supporting legislators from the same house as the chief sponsor who
82 wish to cosponsor the legislation; and
83 (iii) (A) provide specific information concerning the change or addition to law or
84 policy that the legislator intends the proposed legislation to make; or
85 (B) identify the specific situation or concern that the legislator intends the legislation to
87 (2) (a) Any legislator may file a request for legislation beginning 60 days after the
88 Legislature adjourns its annual general session sine die.
89 (b) A legislator-elect may file a request for legislation beginning on:
90 (i) [
92 (ii) if the legislator-elect's election results have not been finalized as of the canvass
93 date, the day after the date the election results for the legislator-elect's race are finalized.
94 (c) (i) [
96 file any requests for legislation as of [
97 (A) fails to file to run for reelection;
98 (B) resigns or is removed from office; or
99 (C) is ineligible to be included on the ballot for the election in which the legislator
100 would have sought an additional term.
101 (ii) Subsection (2)(c)(i) does not apply to a request for legislation for a special session
102 that occurs before the legislator leaves office.
104 request for legislation from the legislator that is pending on that date unless, within 30 days
105 after that date, another member of the Legislature qualified to file a request for legislation
106 assumes sponsorship of the legislation.
107 (d) (i) If, for any reason, a legislator who filed a request for legislation is unavailable to
108 serve in the next annual general session, the former legislator shall seek another legislator to
109 assume sponsorship of each request for legislation filed by the legislator who is unavailable to
111 (ii) If the former legislator is unable to find another legislator to sponsor the legislation
112 within 30 days, the Office of Legislative Research and General Counsel shall abandon each
113 pending request for legislation from the legislator who is unavailable to serve.
114 (3) (a) Except as provided in Subsection (3)(c), a legislator may not file a Request for
115 Legislation with the Office of Legislative Research and General Counsel after noon on the 11th
116 day of the annual general session.
117 (b) Except as provided in Subsection (3)(c), by noon on the 11th day of the annual
118 general session, each legislator shall, for each Request for Legislation on file with the Office of
119 Legislative Research and General Counsel, either approve the request for numbering or
120 abandon the request.
121 (c) After the date established by this Subsection (3), a legislator may file a Request for
122 Legislation and automatically approve the legislation for numbering if:
123 (i) for House legislation, the representative makes a motion to request a bill or
124 resolution for drafting and introduction and that motion is approved by a constitutional
125 majority of the House; or
126 (ii) for Senate legislation, the senator makes a motion to request a bill or resolution for
127 drafting and introduction and that motion is approved by a constitutional majority vote of the
129 (4) A legislator wishing to obtain funding for a project, program, or entity, when that
130 funding request does not require that a statute be enacted, repealed, or amended, may not file a
131 Request for Legislation but instead shall file a request for appropriation by following the
132 procedures and requirements of JR3-2-701.
143 Section 3. JR4-2-102 is amended to read:
144 JR4-2-102. Drafting and prioritizing legislation.
145 (1) As used in this section, "interim committee" means a committee established under
147 (2) (a) Requests for legislation shall be drafted on a first-in, first-out basis, except for
148 legislation that is prioritized under the provisions of this section.
149 (b) When sufficient drafting information is available, the following requests for
150 legislation shall be drafted before other requests for legislation, in the following order of
152 (i) a committee bill file, as defined in JR7-1-101; and
153 (ii) a request for legislation that is prioritized by a legislator under Subsection (3).
154 (3) (a) Beginning on the first day on which a request for legislation may be filed under
155 JR4-2-101, a [
156 four requests for legislation as priority requests, and a member of the Senate may designate up
157 to five requests for legislation as priority requests, subject to the following deadlines:
158 (i) priority request number one for representatives, and priority request numbers one
159 and two for senators, must be requested on or before November 15, or the following regular
160 business day if November 15 falls on a weekend or a holiday;
161 (ii) priority request number [
162 three for senators, must be requested on or before the first Thursday in December, or the
163 following business day if the first Thursday falls on a holiday;
165 must be requested on or before the first Thursday in January, or the following business day if
166 the first Thursday falls on a holiday; and
168 must be requested on or before the first Thursday of the annual general session.
169 (b) A legislator who fails to make a priority request on or before a deadline loses that
170 priority request. However, the legislator is not prohibited from using any remaining priority
171 requests that are associated with a later deadline, if available.
172 (c) A legislator who begins serving or becomes eligible to request a bill file after a
173 deadline has passed is entitled to use only those priority requests that are available under an
174 unexpired deadline.
175 (d) A legislator may not designate a request for legislation as a priority request unless
176 the request:
177 (i) provides specific or conceptual information concerning the change or addition to
178 law or policy that the legislator intends the proposed legislation to make; or
179 (ii) identifies the specific situation or concern that the legislator intends the legislation
180 to address.
181 (4) A legislator may not:
182 (a) revoke a priority designation once it has been requested;
183 (b) transfer a priority designation to a different request for legislation; or
184 (c) transfer a priority designation to another legislator.
185 (5) Except as provided under JR4-2-502 or as otherwise provided in these rules, the
186 Office of Legislative Research and General Counsel shall:
187 (a) reserve as many bill numbers as necessary to number the bills recommended by an
188 interim committee; and
189 (b) number all other legislation in the order in which the legislation is approved by the
190 sponsor for numbering.
191 Section 4. JR4-2-301 is amended to read:
192 JR4-2-301. Drafting and sponsor approval of legislation.
193 (1) After receiving a request for legislation, the Office of Legislative Research and
194 General Counsel shall:
195 (a) review the request and any accompanying draft; and
196 (b) draft the legislation for approval by the sponsor in the order and priority set under
198 (2) In drafting the legislation, the Office of Legislative Research and General Counsel
199 shall, when applicable:
200 (a) ensure that the legislation is in proper legal form;
201 (b) remove any ambiguities;
202 (c) avoid constitutional or statutory conflicts; and
203 (d) correct technical errors as provided in Utah Code Section 36-12-12.
211 the legislation, the office shall:
212 (a) send the legislation to the chief sponsor for review and approval; and
213 (b) after the chief sponsor approves the legislation, number and distribute the
214 legislation as provided in JR4-2-503.
215 Section 5. JR4-2-401 is amended to read:
216 JR4-2-401. Committee notes -- Notations on bill.
217 (1) As used in this rule:
218 (a) "Legislative committee" means a committee, commission, task force, or other
219 policy or advisory body that is created by statute, legislation, or by the Legislative Management
220 Committee and that is composed exclusively of legislators.
221 (b) (i) "Legislative committee" does not mean a standing committee or an
222 appropriations subcommittee.
223 (ii) Notwithstanding Subsection (1)(b)(i), "legislative committee" includes each Rules
225 (c) "Mixed committee" means a committee, commission, task force, or other policy or
226 advisory body that is:
227 (i) created by statute, legislation, or by the Legislative Management Committee;
228 (ii) composed of legislator members and nonlegislative members; and
229 (iii) staffed by the Office of Legislative Research and General Counsel or the Office of
230 the Legislative Fiscal Analyst.
231 (2) [
232 committee or mixed committee has reviewed and voted to recommend a piece of legislation,
233 the Office of Legislative Research and General Counsel shall note the following on the
234 legislation when the legislation is numbered for introduction as a bill:
235 (a) [
236 legislation; and
237 (b) (i) for a legislative committee[
239 by numbers of yeas, nays, and absent; or
241 (ii) for a mixed committee:
245 (B) the committee vote, listed by the number of yeas, nays, and absent; and
246 (C) the votes cast by legislators on the committee, listed by the number of yeas, nays,
247 and absent.
248 Section 6. JR4-2-505 is enacted to read:
249 JR4-2-505. Bill information requirements on legislative website.
250 In addition to other requirements of rule and law, and procedures established by the
251 office, the Office of Legislative Research and General Counsel shall publicly provide the
252 following information on the Legislature's website:
253 (1) a listing of each legislator's name and the number of bill files that are currently
254 open in the name of that legislator for the current legislative session; and
255 (2) on the respective web page for each legislative committee or mixed committee, as
256 those terms are defined in JR4-2-401:
257 (a) a listing of the short title of each piece of legislation that:
258 (i) is opened by the committee or its chairs, as provided under JR7-1-602;
259 (ii) is adopted as a committee bill by the committee; or
260 (iii) is reviewed by the committee and receives a vote for committee recommendation;
262 (b) if a vote to recommend a piece of legislation listed in Subsection (2)(a) was held:
263 (i) by a legislative committee:
264 (A) a notation as to whether the legislation was recommended by the committee or not;
266 (B) a listing of the votes cast by the members of the committee, listed by name and
267 vote; or
268 (ii) by a mixed committee:
269 (A) a listing of votes cast by the members of the committee as a whole, listed by name
270 and vote; and
271 (B) a listing of only those votes cast by legislator members of the committee, listed by
272 name and vote.
273 Section 7. JR6-1-201 is amended to read:
274 JR6-1-201. Conflict of interest -- Filing requirements -- Verbal disclosure
276 (1) As used in this section, "conflict of interest" means the same as that term is defined
277 in Utah Code Section 20A-11-1602.
283 (2) A legislator shall file a conflict of interest disclosure by complying with the
284 requirements of Utah Code Title 20A, Chapter 11, Part 16, Conflict of Interest Disclosures.
296 (3) If a legislator has actual knowledge that the legislator has a conflict of interest
298 (2), that legislator shall, before or during a vote on legislation or any legislative matter, orally
299 declare to the committee or [
304 (a) for a declaration made on the floor, in the Senate or House Journal by the secretary
305 of the Senate or the chief clerk of the House of Representatives [
306 (b) for a declaration made in a committee or other meeting, in the minutes of the
313 (5) The requirements of this rule do not prohibit a legislator from voting on any
314 legislation or legislative matter.
315 Section 8. JR7-1-401 is amended to read:
316 JR7-1-401. Interim committees to receive study assignments -- Adoption of study
318 (1) Each interim committee shall:
319 (a) study issues assigned to the committee by:
320 (i) passed legislation; or
321 (ii) the Legislative Management Committee; and
322 (b) review programs and hear reports as required by statute.
323 (2) Each interim committee may:
324 (a) as provided in Utah Code Subsection 36-12-5(1)(d), investigate and study
325 possibilities for improvement in government services within the interim committee's subject
327 (b) receive research reports from interim committee staff [
328 interim committee's [
329 (c) request testimony from government officials, private organizations, or members of
330 the public on issues being studied by the interim committee;
331 (d) make recommendations to the Legislature for legislative action; or
332 (e) prepare one or more committee bills based on the interim committee's studies.
333 (3) [
334 interim committee's first meeting of each calendar year[
335 (a) the interim committee shall review the [
337 (b) the interim committee may, by majority vote, modify or add to the list of study
338 items described in Subsection [
340 committee is consistent with the interim committee's duties as described in Subsection (1) or
341 (2) of this rule; and
342 (c) the interim committee shall adopt the original or amended list of study items
344 Section 9. JR7-1-405 is amended to read:
345 JR7-1-405. Prohibited meeting times -- Exceptions.
346 (1) [
347 (a) while the Senate or the House of Representatives is in session[
351 (b) [
352 the first Thursday in December and ends the day after the day on which the Legislature
353 adjourns that year's general session sine die.
354 (2) Subsection [
355 (a) the Legislative Management Committee and its subcommittees;
356 (b) the Senate Management Committee;
357 (c) the House Management Committee;
358 (d) the Senate or House Legislative Expenses Oversight Committee;
359 (e) a senate confirmation committee;
360 (f) a meeting of the Administrative Rules Review Committee for the purpose of
361 considering draft legislation reauthorizing agency rules in accordance with Utah Code Section
362 63G-3-502; or
364 (3) A meeting otherwise prohibited by this rule may be held if approved by:
365 (a) the president of the Senate and the speaker of the House of Representatives; or
366 (b) a majority vote of the Senate and a majority vote of the House of Representatives.
368 violates this rule is invalid.
369 Section 10. JR7-1-407 is amended to read:
370 JR7-1-407. Electronic legislative committee meetings.
371 (1) A chair may, by following the procedures and requirements of this rule, convene
372 and conduct an electronic meeting of a legislative committee.
373 (2) (a) A member of a legislative committee who will be more than 50 miles away
374 from the anchor location on the day and at the time of a scheduled meeting of the legislative
375 committee may request that the chair allow the member to participate from a remote location.
376 (b) If a member of a legislative committee wishes to participate in a meeting of the
377 legislative committee from a remote location, the member shall, at least three days before the
378 meeting, contact the chair and request that the chair convene and conduct an electronic
380 (c) After receiving the request, the chair shall:
381 (i) determine whether the member will be more than 50 miles away from the anchor
382 location on the day and at the time of the scheduled meeting;
383 (ii) if the chair determines that the member will be more than 50 miles away from the
384 anchor location on that day and time, consult with committee staff to determine whether there
385 are sufficient equipment and connections to allow the member to participate from a remote
386 location; and
387 (iii) obtain permission from the president of the Senate and the speaker of the House of
388 Representatives to conduct an electronic meeting.
389 (d) If the requirements of Subsection (2)(c) are satisfied, the chair may grant the
390 member's request to participate from a remote location.
391 (3) A chair convening or conducting an electronic meeting shall, if necessary, establish
392 and communicate protocols and procedures governing the electronic meeting to ensure order
393 and fair opportunities for all members of the legislative committee to participate.
394 (4) A chair convening or conducting an electronic meeting shall ensure that:
395 (a) public notice of the meeting, as required by Utah Code Section 52-4-202, is given
396 including posting written notice at the anchor location; and
397 (b) notice of the electronic meeting describing how the members will be connected to
398 the electronic meeting is given to each member of the legislative committee at least 24 hours
399 before the meeting.
400 (5) A member of a legislative committee participating from a remote location is
401 included in calculating a quorum and [
402 Section 11. JR7-1-602 is amended to read:
403 JR7-1-602. Interim committee chairs' authority to open committee bill files.
404 (1) [
405 committee may[
407 independently open one or more committee bill files throughout the interim period if:
408 (a) that authority is granted by the interim committee to the chairs by means of a
409 motion and majority vote;
410 (b) the motion and vote occur during the interim committee's first meeting of the
411 calendar year;
412 (c) the subject matter of each committee bill file opened by the chairs is directly related
414 (i) a study item on the list adopted by the interim committee under JR7-1-401(3)[
418 (ii) a subject or issue that is expressly stated in the motion made under this rule; and
419 (d) the decision to open each committee bill file is made jointly by the chairs.
420 (2) No committee other than an interim committee may delegate the authority to
421 independently open a committee bill file to the chair or chairs of a committee.
422 (3) In the next interim committee meeting after opening a bill file, the chairs shall give
423 the committee members notice:
424 (a) that the chairs have opened the committee bill file; and
425 (b) of the short title and subject matter of the committee bill file.
426 Section 12. JR7-1-602.5 is enacted to read:
427 JR7-1-602.5. Draft legislation presented to legislative committees during the
429 (1) Draft legislation that is presented to a legislative committee for the committee's
430 review shall be:
431 (a) listed on the agenda of the committee's meeting in accordance with Utah Code Title
432 52, Chapter 4, Open and Public Meetings Act; and
433 (b) publicly posted on the Legislature's website at least 24 hours in advance of the time
434 of commencement of the committee meeting.
435 (2) (a) A legislator seeking to present draft legislation to a legislative committee for
436 review shall provide the drafting attorney with clear and final instructions for completing the
437 draft legislation no later than three full working days before the commencement time of the
438 committee meeting where the legislation will be reviewed, or at an earlier time if significant
439 drafting time is required.
440 (b) Draft legislation will be drafted in the priority and order set forth under JR4-2-102.
441 (3) (a) Draft legislation that is recommended by a legislative committee but did not
442 meet the posting requirements of Subsection (1)(b) may not be placed directly on the reading
443 calendar by a rules committee under SR3-1-102 or HR3-1-102.
444 (b) This Subsection (3) does not apply to draft legislation that met the requirements of
445 Subsection (1)(b) but was amended or substituted during the committee meeting.
446 Section 13. JR7-1-609 is amended to read:
447 JR7-1-609. Amending draft legislation -- Verbal amendments -- Amendments
448 must be germane and clear.
449 (1) Subject to Subsection (2), when timely and when recognized by the chair, a
450 member of a legislative committee may make a motion to amend the draft legislation under
452 (2) (a) A member of the legislative committee may make a motion to amend the draft
453 legislation only if the subject of the proposed amendment is germane to the subject of the draft
455 (b) If a member of the legislative committee believes a proposed amendment is not
456 germane to the subject of the draft legislation, the member may make a point of order in
457 accordance with JR7-1-509.
458 (3) [
460 the verbal amendment is sufficiently clear to allow the members of the legislative committee to
461 know how the draft legislation will read when the verbal amendment is incorporated into the
462 draft legislation.
463 Section 14. Repealer.
464 This resolution repeals:
465 JR1-4-101, Request for proposals.