Representative Timothy D. Hawkes proposes the following substitute bill:


1     
JOINT RULES RESOLUTION - LEGISLATIVE

2     
PROCEDURE REVISIONS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Timothy D. Hawkes

6     
Senate Sponsor: David G. Buxton

7     

8     LONG TITLE
9     General Description:
10          This resolution modifies joint legislative rules related to legislative procedures.
11     Highlighted Provisions:
12          This resolution:
13          ▸     addresses conference committee procedures;
14          ▸     clarifies that the Office of Legislative Research and General Counsel may not place
15     a committee note on a piece of legislation unless the legislation was drafted and
16     distributed to committee members at the time the committee voted to favorably
17     recommend the legislation;
18          ▸     requires a standing committee to consider only legislation from the opposite body
19     during the last week of the annual general session;
20          ▸     repeals certain procedures related to legislation that affects executive branch
21     workload;
22          ▸     allows the Legislative Expenses Oversight Committee to adopt policies related to
23     rates for lodging and meal reimbursements;
24          ▸     addresses when news media may access the area behind the dais at a legislative
25     committee meeting;
26          ▸     limits the legislative committees that have authority to open a committee bill file or
27     adopt legislation as a committee bill;
28          ▸     provides that any committee bill file that does not receive a favorable
29     recommendation at the committee's last scheduled meeting of the calendar year is
30     abandoned; and
31          ▸     makes technical corrections and conforming changes.
32     Special Clauses:
33          None
34     Legislative Rules Affected:
35     AMENDS:
36          JR3-2-902
37          JR3-2-903
38          JR4-2-101
39          JR4-2-401
40          JR4-2-501
41          JR4-2-505
42          JR4-3-103
43          JR4-3-301
44          JR4-3-302
45          JR4-5-104
46          JR5-2-101
47          JR5-2-102
48          JR7-1-101
49          JR7-1-405
50          JR7-1-602.5
51          JR7-1-603
52          JR7-1-604
53          JR7-1-605
54          JR7-1-606
55          JR7-1-607
56          JR7-1-608
57          JR7-1-609
58          JR7-1-610
59          JR7-1-611
60     ENACTS:
61          JR7-1-103
62          JR7-1-601.1
63     RENUMBERS AND AMENDS:
64          JR7-1-601.5,     (Renumbered from JR7-1-601)
65     

66     Be it resolved by the Legislature of the state of Utah:
67          Section 1. JR3-2-902 is amended to read:
68          JR3-2-902. Conference committee procedures.
69          (1) The chair from the house of origin of the bill shall chair meetings of the committee.
70          (2) Staff from the Office of Legislative Research and General Counsel may attend the
71     conference committee meeting to assist in the preparation of the committee report.
72          (3) (a) Subject to Subsection (3)(b), conference committee meetings are open to the
73     public.
74          (b) Public comment may not be received or made during a conference committee
75     meeting unless a majority of committee members from one house and at least 50% from the
76     other house vote to receive public comment.
77          (4) (a) A majority of committee members from each house must approve a conference
78     committee report in order for it to be presented to the Legislature.
79          (b) (i) If the conference committee cannot reach an agreement, the committee shall
80     report the failure to agree to both houses.
81          (ii) Upon notice that a conference committee has failed to agree[,]:
82          (A) the presiding officer of each house may [either] appoint a new committee by
83     following the requirements of JR3-2-901 or reappoint the former committee and announce the
84     time and place of the committee's meeting[.]; or
85          (B) either house may vote to refuse further conferences.
86          (iii) If a house votes to refuse further conferences, the bill shall be returned to the
87     originating house and filed.
88          [(5) Before a bill being considered by a conference committee is abandoned, not to be
89     reviewed again by either house during the remainder of the session, each house shall vote to
90     refuse further conferences by the same committee or a new committee.]
91          Section 2. JR3-2-903 is amended to read:
92          JR3-2-903. Conference committee report -- Contents -- Disposition.
93          (1) The conference committee's report shall:
94          (a) be in writing; and
95          (b) list the vote of each member of the conference committee by name.
96          (2) (a) Subject to Subsection (2)(b), the committee may report any modifications or
97     amendments to the bill that [it] the committee thinks advisable.
98          (b) A conference committee may not consider or report on any matter except those at
99     issue between the two houses.
100          (3) (a) If the bill being discussed by the conference committee is a House bill, the
101     Senate conference committee members shall present the conference committee report first to
102     the Senate.
103          (b) If the bill being discussed by the conference committee is a Senate bill, the House
104     conference committee members shall present the conference committee report first to the
105     House.
106          [(4) (a) After a motion to adopt the conference committee report is approved, the bill
107     shall be put at the top of the third reading calendar in the first house for consideration.]
108          [(b) When the first house has acted on the bill, it shall transmit the bill and the report to
109     the other house, along with a letter explaining its action.]
110          [(c) Before a house's vote is taken on the conference committee report, the report shall
111     be read.]
112          (4) Before a house votes on a motion to adopt a conference committee report, the
113     report shall be read.
114          (5) (a) If a house approves a motion to adopt a conference committee report, the bill
115     shall be put at the top of the house's third reading calendar for consideration.
116          (b) If the house is the first house to consider the conference committee report, after the
117     house acts on the bill, the house shall transmit the bill and the conference committee report to
118     the other house along with a letter explaining the house's action.
119          (6) (a) If a motion to adopt a conference committee report fails, either house may
120     request that the other house:
121          (i) appoint a new committee by following the requirements of JR3-2-901; or
122          (ii) reappoint the former committee and announce the time and place of the
123     committee's meeting.
124          (b) If a house refuses a request under Subsection (6)(a), the bill shall be returned to the
125     originating house and filed.
126          Section 3. JR4-2-101 is amended to read:
127          JR4-2-101. Requests for legislation -- Contents -- Timing.
128          (1) (a) A legislator wishing to introduce a bill or resolution shall file a request for
129     legislation with the Office of Legislative Research and General Counsel within the time limits
130     established by this rule.
131          (b) The request for legislation shall:
132          (i) designate the chief sponsor, who is knowledgeable about and responsible for
133     providing pertinent information as the legislation is drafted;
134          (ii) if the request is for a general session, designate any supporting legislators from the
135     same house as the chief sponsor who wish to cosponsor the legislation; and
136          (iii) (A) provide specific information concerning the change or addition to law or
137     policy that the legislator intends the proposed legislation to make; or
138          (B) identify the specific situation or concern that the legislator intends the legislation to
139     address.
140          (2) (a) Any legislator may file a request for legislation beginning 60 days after the
141     Legislature adjourns its annual general session sine die.
142          (b) A legislator-elect may file a request for legislation beginning on:
143          (i) the day after the date the election canvass is completed; or
144          (ii) if the legislator-elect's election results have not been finalized as of the canvass
145     date, the day after the date the election results for the legislator-elect's race are finalized.
146          (c) (i) An incumbent legislator may not file any requests for legislation as of the date
147     that the legislator:
148          (A) fails to file to run for election to a seat in the Legislature;
149          (B) resigns or is removed from office; or
150          (C) is ineligible to be included on the ballot for the election in which the legislator
151     would have sought an additional term.
152          (ii) Subsection (2)(c)(i) does not apply to a request for legislation for a special session
153     that occurs before the legislator leaves office.
154          (iii) The Office of Legislative Research and General Counsel shall abandon each
155     request for legislation from the legislator that is pending on that date unless, within 30 days
156     after that date, another member of the Legislature qualified to file a request for legislation
157     assumes sponsorship of the legislation.
158          (d) (i) If, for any reason, a legislator who filed a request for legislation is unavailable to
159     serve in the next annual general session, the former legislator shall seek another legislator to
160     assume sponsorship of each request for legislation filed by the legislator who is unavailable to
161     serve.
162          (ii) If the former legislator is unable to find another legislator to sponsor the legislation
163     within 30 days, the Office of Legislative Research and General Counsel shall abandon each
164     pending request for legislation from the legislator who is unavailable to serve.
165          (e) (i) If a legislator dies while in office and is the chief sponsor of one or more
166     requests for legislation or pieces of legislation, the individual appointed to the legislator's seat
167     may assume sponsorship of each request for legislation or piece of legislation.
168          (ii) If the individual appointed to the legislator's seat chooses not to assume
169     sponsorship of one or more of the legislator's requests for legislation or pieces of legislation,
170     the following individual shall seek another legislator to assume sponsorship of each request for
171     legislation or piece of legislation:
172          (A) if the legislator was a member of the House majority caucus, the House majority
173     leader;
174          (B) if the legislator was a member of the House minority caucus, the House minority
175     leader;
176          (C) if the legislator was a member of the Senate majority caucus, the Senate majority
177     leader; or
178          (D) if the legislator was a member of the Senate minority caucus, the Senate minority
179     leader.
180          (iii) If the individual described in Subsection (2)(e)[(i)](ii) does not find a new sponsor
181     for a request for legislation, the Office of Legislative Research and General Counsel shall
182     abandon the request for legislation.
183          (3) (a) Except as provided in Subsection (3)(c), a legislator may not file a request for
184     legislation with the Office of Legislative Research and General Counsel after noon on the 11th
185     day of the annual general session.
186          (b) Except as provided in Subsection (3)(c), by noon on the 11th day of the annual
187     general session, each legislator shall, for each Request for Legislation on file with the Office of
188     Legislative Research and General Counsel, either approve the request for numbering or
189     abandon the request.
190          (c) After the date established by this Subsection (3), a legislator may file a Request for
191     Legislation and automatically approve the legislation for numbering if:
192          (i) for House legislation, the representative makes a motion to request a bill or
193     resolution for drafting and introduction and that motion is approved by a constitutional
194     majority of the House; or
195          (ii) for Senate legislation, the senator makes a motion to request a bill or resolution for
196     drafting and introduction and that motion is approved by a constitutional majority vote of the
197     Senate.
198          (4) After a request for legislation is abandoned, a legislator may not revive the request
199     for legislation.
200          (5) A legislator wishing to obtain funding for a project, program, or entity, when that
201     funding request does not require that a statute be enacted, repealed, or amended, may not file a
202     Request for Legislation but instead shall file a request for appropriation by following the
203     procedures and requirements of JR3-2-701.
204          Section 4. JR4-2-401 is amended to read:
205          JR4-2-401. Committee notes -- Notations on bill.
206          [(1) As used in this rule:]
207          [(a) "Legislative committee" means a committee, commission, task force, or other
208     policy or advisory body that is created by statute, legislation, or by the Legislative Management
209     Committee and that is composed exclusively of legislators.]
210          [(b) (i) "Legislative committee" does not mean a standing committee or an
211     appropriations subcommittee.]
212          [(ii) Notwithstanding Subsection (1)(b)(i), "legislative committee" includes each Rules
213     Committee.]
214          [(c) "Mixed committee" means a committee, commission, task force, or other policy or
215     advisory body that is:]
216          [(i) created by statute, legislation, or by the Legislative Management Committee;]
217          [(ii) composed of legislator members and nonlegislative members; and]
218          [(iii) staffed by the Office of Legislative Research and General Counsel or the Office of
219     the Legislative Fiscal Analyst.]
220          (1) As used in this rule, "authorized legislative committee" means the same as that term
221     is defined in JR7-1-101.
222          (2) [When a legislative committee or mixed committee has reviewed and voted to
223     recommend a piece of legislation] After an authorized legislative committee approves a motion
224     to favorably recommend draft legislation, the Office of Legislative Research and General
225     Counsel shall note the following on the legislation when the legislation is numbered for
226     introduction as a bill:
227          (a) that the authorized legislative committee recommended the legislation; and
228          (b) [(i) for a legislative committee,] the committee vote, listed by numbers of yeas,
229     nays, and absent[; or].
230          [(ii) for a mixed committee:]
231          [(A) the number of legislators and nonlegislators on the mixed committee;]
232          [(B) the committee vote, listed by the number of yeas, nays, and absent; and]
233          [(C) the votes cast by legislators on the committee, listed by the number of yeas, nays,
234     and absent.]
235          (3) The Office of Legislative Research and General Counsel may not place a note
236     described in Subsection (2) on a piece of legislation if the motion to favorably recommend the
237     draft legislation was made in violation of JR7-1-512(3).
238          Section 5. JR4-2-501 is amended to read:
239          JR4-2-501. Numbering and distributing bills and resolutions.
240          After receiving approval from the sponsor under JR4-2-301, the Office of Legislative
241     Research and General Counsel shall:
242          (1) proofread the legislation and perform other quality control measures;
243          (2) indicate on the first page of the legislation that the drafting attorney has approved
244     the legislation for filing;
245          (3) place a committee [or task force] note on the legislation if required by JR4-2-401;
246          (4) assign a number to the legislation to appear after the designation required by
247     JR4-1-202 and JR4-1-301;
248          (5) electronically set the legislation's line numbers; and
249          (6) distribute an electronic copy of the legislation as required by JR4-2-503.
250          Section 6. JR4-2-505 is amended to read:
251          JR4-2-505. Bill information requirements on legislative website.
252          The Office of Legislative Research and General Counsel shall publicly provide the
253     following information on the Legislature's website:
254          (1) a listing of each legislator's name and the number of [bill files] requests for
255     legislation that are currently open in the name of that legislator for the current legislative
256     session; and
257          (2) on the respective web page for each authorized legislative committee [or mixed
258     committee, as those terms are] as defined in JR4-2-401:
259          (a) a listing of the short title of each [piece of] request for legislation that:
260          (i) is opened by the committee or the committee's chairs, as provided under JR7-1-602;
261     or
262          [(ii) is adopted as a committee bill by the committee; or]
263          [(iii) is reviewed by the committee and receives a vote for committee recommendation;
264     and]
265          [(b) if a vote to recommend a piece of legislation listed in Subsection (2)(a) was held:]
266          [(i) by a legislative committee:]
267          (ii) the authorized legislative committee voted to favorably recommend; and
268          (b) if the authorized legislative committee voted on a motion to favorably recommend
269     a request for legislation described in Subsection (2)(a):
270          [(A)] (i) a notation as to whether [the legislation was recommended by the committee
271     or not] the authorized legislative committee approved the motion; and
272          [(B)] (ii) a listing of the votes cast by the members of the authorized legislative
273     committee, listed by name and vote[; or].
274          [(ii) by a mixed committee:]
275          [(A) a listing of votes cast by the members of the committee as a whole, listed by name
276     and vote; and]
277          [(B) a listing of only those votes cast by legislator members of the committee, listed by
278     name and vote.]
279          Section 7. JR4-3-103 is amended to read:
280          JR4-3-103. Standing committee responsibilities -- Limitations.
281          (1) Each standing committee shall:
282          (a) examine legislation referred to it;
283          (b) amend or substitute the legislation if necessary; and
284          (c) report the legislation back to the floor.
285          (2) After the last Friday before the 45th day of the annual general session:
286          (a) a House standing committee may not consider a piece of legislation introduced by a
287     member of the House; and
288          (b) a Senate standing committee may not consider a piece of legislation introduced by a
289     member of the Senate.
290          [(2)] (3) If legislation is referred to an interim committee, the interim committee may
291     examine and recommend to the sponsor any changes to it that the committee considers
292     necessary.
293          Section 8. JR4-3-301 is amended to read:
294          JR4-3-301. Definitions.
295          [As used in this part:]
296          [(1) (a) "Affects workload" means:]
297          [(i) increases legislative workload; or]
298          [(ii) requiring:]
299          [(A) a state agency to staff a board, commission, task force, or other public body; or]
300          [(B) a person to submit or present a report to a legislative committee, a mixed
301     committee, the Executive Appropriations Committee, or an appropriations subcommittee.]
302          [(b) "Affects workload" includes reauthorizing an existing requirement described in
303     Subsection (1)(a)(ii).]
304          [(2)(a)] (1) ["Increases] As used in this part, "increase legislative workload" means:
305          [(i)] (a) placing a member of the Legislature on a board, commission, task force, or
306     other public body;
307          [(ii)] (b) giving authority to a member of the Legislative Management Committee to
308     appoint a member of a board, commission, task force, or other public body; or
309          [(iii)] (c) requiring a legislative staff office to staff a board, commission, task force, or
310     other public body.
311          [(b)] (2) "Increases legislative workload" includes reauthorizing an existing provision
312     described in Subsection [(2)(a)] (1).
313          [(3) "Legislative committee" means the same as that term is defined in JR4-2-401.]
314          [(4) "Mixed committee" means the same as that term is defined in JR4-2-401.]
315          [(5) "State agency" means an office, department, agency, authority, commission, board,
316     institution, hospital, college, university, or other instrumentality of the state.]
317          Section 9. JR4-3-302 is amended to read:
318          JR4-3-302. Considering legislation that increases legislative workload.
319          (1) (a) The House shall refer any Senate legislation that [affects] increases legislative
320     workload to the House Rules Committee before giving the legislation a third reading.
321          (b) The Senate shall table on third reading any House legislation that [affects] increases
322     legislative workload.
323          (2) Before adjourning on the 45th day of the annual general session:
324          (a) each legislator shall prioritize legislation that [affects] increases legislative
325     workload in accordance with the process established by legislative leadership; and
326          (b) the Legislature may pass or defeat any legislation prioritized under Subsection
327     (2)(a).
328          Section 10. JR4-5-104 is amended to read:
329          JR4-5-104. Effect of governor's inaction on concurrent resolutions.
330          (1) If the governor does not approve a concurrent resolution before the expiration of
331     the time limit described in Utah Constitution, Article VII, Section 8 that would apply if the
332     concurrent resolution were a bill, the concurrent resolution converts to a joint resolution.
333          (2) The legislative general counsel may make technical revisions to convert a
334     resolution described in Subsection (1) from a concurrent resolution to a joint resolution,
335     including the revisions necessary to comply with JR4-1-301.
336          (3) For a resolution that converts to a joint resolution in accordance with Subsection
337     (1), the Office of Legislative Research and General Counsel shall note in the Laws of Utah and
338     on the final version of the joint resolution that the resolution converted from a concurrent
339     resolution to a joint resolution in accordance with this rule.
340          [(4) This rule does not apply to a constitutional joint resolution.]
341          Section 11. JR5-2-101 is amended to read:
342          JR5-2-101. Reimbursement of lodging.
343          (1) Subject to the other provisions of this [section] rule, if a legislator's official duties
344     necessitate overnight accommodations, the legislator may receive reimbursement for any actual
345     lodging expenses incurred by the legislator[, not to exceed the daily rates published in the
346     administrative rules governing reimbursement of lodging expenses for state employees,] for an:
347          (a) authorized legislative day; or
348          (b) authorized legislative training day.
349          (2) Except as provided in the policies and procedures established in accordance with
350     Subsection (3), reimbursement under Subsection (1) may not exceed the daily rates published
351     in the administrative rules governing reimbursement of lodging expenses for state employees.
352          [(2)] (3) Reimbursement for actual lodging expenses for a legislator for an authorized
353     legislative day or authorized legislative training day shall be as provided in policies and
354     procedures established by the Legislative Expenses Oversight Committee.
355          Section 12. JR5-2-102 is amended to read:
356          JR5-2-102. Reimbursement of meal expenses.
357          (1) Subject to the other provisions of this [section,] rule, for each authorized legislative
358     day or authorized legislative training day a legislator may receive reimbursement for any actual
359     meal expenses incurred by the legislator in association with the legislator's official duties[, not
360     to exceed the rates and subject to the time calculation requirements set in the administrative
361     rules governing reimbursement of meal expenses for state employees for an:].
362          [(a) authorized legislative day; or]
363          [(b) authorized legislative training day.]
364          (2) Except as provided in the policies and procedures established in accordance with
365     Subsection (3), reimbursement under Subsection (1):
366          (a) may not exceed the rates set in administrative rules governing reimbursement and
367     meal expenses for state employees; and
368          (b) is subject to the time calculation requirements set in administrative rules governing
369     reimbursement and meal expenses for state employees.
370          [(2)] (3) Reimbursement for actual meal expenses for a legislator for an authorized
371     legislative day or authorized legislative training day shall be as provided in policies and
372     procedures established by the Legislative Expenses Oversight Committee.
373          Section 13. JR7-1-101 is amended to read:
374          JR7-1-101. Definitions.
375          As used in this chapter:
376          (1) "Anchor location" means the physical location from which:
377          (a) an electronic meeting originates; or
378          (b) the participants are connected.
379          (2) "Authorized legislative committee" means:
380          (a) an interim committee;
381          (b) when functioning as an interim committee:
382          (i) the Senate Rules Committee created in SR3-1-101; or
383          (ii) the House Rules Committee created in HR3-1-101; or
384          (c) a special committee:
385          (i) that is not a mixed special committee; and
386          (ii) to the extent the special committee has statutory authority to open a committee bill
387     file or create a committee bill.
388          [(2)] (3) "Bill" means the same as that term is defined in JR4-1-101.
389          [(3)] (4) "Chair" except as otherwise expressly provided, means:
390          (a) the member of the Senate appointed as chair of an interim committee by the
391     president of the Senate under JR7-1-202;
392          (b) the member of the House of Representatives appointed as chair of an interim
393     committee by the speaker of the House of Representatives under JR7-1-202;
394          (c) a member of a special committee appointed as chair of the special committee; or
395          (d) a member of a legislative committee designated by the chair of the legislative
396     committee under Subsection [(3)] (4)(a), (b), or (c) to act as chair under JR7-1-202.
397          [(4)] (5) "Committee bill" means draft legislation that receives a favorable
398     recommendation from an authorized legislative committee.
399          [(5)] (6) "Committee bill file" means a request for legislation made by:
400          (a) a majority vote of [a legislative] an authorized committee; or
401          (b) the chairs of an interim committee, if the interim committee authorizes the chairs to
402     open one or more committee bill files in accordance with JR7-1-602.
403          [(6)] (7) "Committee note" means a note that the Office of Legislative Research and
404     General Counsel places on legislation in accordance with JR4-2-401.
405          [(7)] (8) "Draft legislation" means a draft of a bill or resolution before it is numbered
406     by the Office of Legislative Research and General Counsel.
407          [(8)] (9) "Electronic meeting" means a public meeting of a legislative committee that is
408     partially convened or conducted by means of a voice telephone or computer web or video
409     conference.
410          [(9)] (10) "Electronic notice" means electronic mail or fax.
411          [(10)] (11) "Favorable recommendation" means an action of [a] an authorized
412     legislative committee by majority vote to favorably recommend legislation.
413          [(11)] (12) "Legislative committee" means:
414          (a) an interim committee; or
415          (b) a special committee.
416          [(12)] (13) "Interim committee" means a committee created under JR7-1-201.
417          [(13)] (14) "Legislative sponsor" means:
418          (a) for a committee bill file, the chairs of the authorized legislative committee that
419     opened the committee bill file or the chairs' designee; or
420          (b) for a request for legislation that is not a committee bill file, the legislator who
421     requested the request for legislation or the legislator's designee.
422          [(14)] (15) "Majority vote" means:
423          (a) with respect to an interim committee, an affirmative vote of at least 50% of a
424     quorum of members of the interim committee from one chamber and more than 50% of a
425     quorum of members of the interim committee from the other chamber; or
426          (b) with respect to a special committee, an affirmative vote of more than 50% of a
427     quorum.
428          [(15)] (16) "Mixed special committee" means a special committee that is composed of
429     one or more members who are legislators and one or more members who are not legislators.
430          [(16)] (17) "Monitor" means to:
431          (a) hear live, by speaker, or by other equipment, all of the public statements of each
432     member of the legislative committee who is participating in a meeting; or
433          (b) see and hear, by computer screen or other visual medium, all of the public
434     statements of each member of the legislative committee who is participating in a meeting.
435          [(17)] (18) "Original motion" means a nonprivileged motion that is accepted by the
436     chair when no other motion is pending.
437          [(18)] (19) "Participate" means the ability to communicate with all of the members of a
438     legislative committee, either verbally or electronically, so that each member of the legislative
439     committee can hear or see the communication.
440          [(19)] (20) "Pending motion" means a motion described in JR7-1-307.
441          [(20)] (21) "Privileged motion" means a motion to adjourn, set a time to adjourn,
442     recess, end debate, extend debate, or limit debate.
443          [(21)] (22) "Public statement" means a statement made in the ordinary course of
444     business of a legislative committee with the intent that all other members of the legislative
445     committee receive it.
446          [(22)] (23) "Remote location" means a location other than the anchor location from
447     which a member of a legislative committee may participate in the meeting.
448          [(23)] (24) "Request for legislation" means the same as that term is defined in
449     JR4-1-101.
450          [(24)] (25) "Resolution" means the same as that term is defined in JR4-1-101.
451          [(25)] (26) (a) "Special committee" means a committee, commission, [or] task force, or
452     other similar body that is:
453          (i) created by legislation; and
454          (ii) staffed by:
455          (A) the Office of Legislative Research and General Counsel; or
456          (B) the Office of the Legislative Fiscal Analyst.
457          (b) "Special committee" does not include:
458          (i) an interim committee;
459          (ii) a standing committee created under SR3-2-201 or HR3-2-201; or
460          (iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
461          [(26)] (27) "Subcommittee" means a subsidiary unit of a legislative committee formed
462     in accordance with JR7-1-411.
463          [(27)] (28) "Substitute motion" means a nonprivileged motion that a member of a
464     legislative committee makes when there is a nonprivileged motion pending.
465          Section 14. JR7-1-103 is enacted to read:
466          JR7-1-103. News media.
467          When present for a meeting of a legislative committee, news media may not enter the
468     area behind the dais without the permission of the chair.
469          Section 15. JR7-1-405 is amended to read:
470          JR7-1-405. Prohibited meeting times -- Exceptions.
471          (1) Except as provided in this rule, a legislative committee may not meet:
472          (a) while the Senate or the House of Representatives is in session; or
473          (b) during the period that begins on the first Thursday in December and ends the day
474     after the day on which the Legislature adjourns [that] the following calendar year's general
475     session sine die.
476          (2) Subsection (1) does not apply to:
477          (a) the Legislative Management Committee and its subcommittees;
478          (b) the Senate or House Management Committee;
479          (c) the Senate or House Rules Committee;
480          (d) the Senate or House Legislative Expenses Oversight Committee;
481          (e) a senate confirmation committee;
482          (f) a meeting of the Administrative Rules Review Committee for the purpose of
483     considering draft legislation reauthorizing agency rules in accordance with Utah Code Section
484     63G-3-502; or
485          (g) the Legislative Process Committee.
486          (3) A meeting otherwise prohibited by this rule may be held if approved by:
487          (a) the president of the Senate and the speaker of the House of Representatives; or
488          (b) a majority vote of the Senate and a majority vote of the House of Representatives.
489          (4) Any action of a legislative committee that occurs during a meeting that violates this
490     rule is invalid.
491          Section 16. JR7-1-601.1 is enacted to read:
492          JR7-1-601.1. Applicability of part -- Limitations on authority.
493          (1) The provisions of Part 6, Draft Legislation, only apply to an authorized legislative
494     committee.
495          (2) Notwithstanding any rule to the contrary:
496          (a) a legislative committee other than an authorized legislative committee may not
497     open a committee bill file;
498          (b) a legislative committee's favorable recommendation creates a committee bill only if
499     the legislative committee is an authorized legislative committee; and
500          (c) an authorized legislative committee that is not an interim committee or a rules
501     committee acting as an interim committee may not open a committee bill file or create a
502     committee bill except to the extent authorized by statute.
503          Section 17. JR7-1-601.5, which is renumbered from Section JR7-1-601 is renumbered
504     and amended to read:
505          [JR7-1-601].      JR7-1-601.5. Opening committee bill files.
506          (1) Except as provided in Subsection (3), a member of [a] an authorized legislative
507     committee may make a motion to open a committee bill file if:
508          (a) the member describes the general subject matter of the legislation;
509          (b) the subject matter is germane to the subject matter over which the authorized
510     legislative committee has jurisdiction; and
511          (c) the member intends that the authorized legislative committee take action on the
512     resulting draft legislation before the next general session in a meeting of the authorized
513     legislative committee.
514          (2) Except as provided in JR7-1-602, [a] an authorized legislative committee may not
515     authorize any individual or group of individuals to open a committee bill file.
516          (3) [A] An authorized legislative committee may not open a committee bill file during
517     the period that begins January 1 and ends the day after the day on which the Legislature
518     adjourns that year's general session sine die.
519          Section 18. JR7-1-602.5 is amended to read:
520          JR7-1-602.5. Draft legislation presented to authorized legislative committees
521     during the interim.
522          (1) Draft legislation that is presented to [a] an authorized legislative committee for the
523     committee's review shall be:
524          (a) listed on the agenda of the committee's meeting in accordance with Utah Code Title
525     52, Chapter 4, Open and Public Meetings Act; and
526          (b) publicly posted on the Legislature's website at least 24 hours in advance of the time
527     of commencement of the committee meeting.
528          (2) (a) A legislator seeking to present draft legislation to [a] an authorized legislative
529     committee for review shall provide the drafting attorney with clear and final instructions for
530     completing the draft legislation no later than three full working days before the commencement
531     time of the committee meeting where the legislation will be reviewed, or at an earlier time if
532     significant drafting time is required.
533          (b) Draft legislation will be drafted in the priority and order set forth under JR4-2-102.
534          (3) (a) Draft legislation that is recommended by [a] an authorized legislative committee
535     but did not meet the posting requirements of Subsection (1)(b) may not be placed directly on
536     the reading calendar by a rules committee under SR3-1-102 or HR3-1-102.
537          (b) This Subsection (3) does not apply to draft legislation that met the requirements of
538     Subsection (1)(b) but was amended or substituted during the committee meeting.
539          Section 19. JR7-1-603 is amended to read:
540          JR7-1-603. Four phases when considering draft legislation -- Exception.
541          (1) Subject to Subsection (2), [a] an authorized legislative committee shall consider
542     draft legislation in the following four phases:
543          (a) the presentation phase as described in JR7-1-604;
544          (b) the clarifying questions phase as described in JR7-1-605;
545          (c) the public comment phase as described in JR7-1-606; and
546          (d) the [legislative] committee action phase as described in JR7-1-607.
547          (2) The chair, or the authorized legislative committee by majority vote, may elect to
548     have the authorized legislative committee consider draft legislation in a manner different from
549     the four phases described in this part.
550          Section 20. JR7-1-604 is amended to read:
551          JR7-1-604. Presentation phase.
552          (1) During the presentation phase:
553          (a) the chair shall permit the legislative sponsor of the draft legislation to present the
554     draft legislation to the authorized legislative committee; and
555          (b) a member of the authorized legislative committee may not make a motion to amend
556     the draft legislation or dispose of the draft legislation.
557          (2) At the election of the legislative sponsor, the chair shall allow another individual to
558     assist with the legislative sponsor's presentation if the individual has expertise related to the
559     draft legislation.
560          Section 21. JR7-1-605 is amended to read:
561          JR7-1-605. Clarifying questions phase.
562          (1) During the clarifying questions phase:
563          (a) the chair shall allow members of the authorized legislative committee to ask the
564     legislative sponsor questions to help clarify:
565          (i) the intent or purpose of the draft legislation; or
566          (ii) the meaning of the language of the draft legislation; and
567          (b) a member of the authorized legislative committee may not make a motion to amend
568     the draft legislation or dispose of the draft legislation.
569          (2) The chair shall allow the legislative sponsor to respond to any clarifying question
570     from a member of the authorized legislative committee.
571          Section 22. JR7-1-606 is amended to read:
572          JR7-1-606. Public comment phase.
573          (1) Except as otherwise provided in this rule, during the public comment phase:
574          (a) the chair shall take comment from one or more members of the public; and
575          (b) a member of the authorized legislative committee may not make a motion to amend
576     the draft legislation or dispose of the draft legislation.
577          (2) The chair, or the authorized legislative committee by majority vote, may preclude
578     or terminate the public comment phase.
579          Section 23. JR7-1-607 is amended to read:
580          JR7-1-607. Committee action phase.
581          During the committee action phase, a member of the authorized legislative committee
582     may make a motion authorized by this chapter, including a motion to amend the draft
583     legislation or favorably recommend the draft legislation.
584          Section 24. JR7-1-608 is amended to read:
585          JR7-1-608. Motions related to draft legislation.
586          [A] An authorized legislative committee may approve one or more of the following
587     motions with respect to draft legislation it considers:
588          (1) move to the next item on the agenda;
589          (2) amend the draft legislation, subject to the requirements of JR7-1-609; or
590          (3) favorably recommend the draft legislation as a committee bill.
591          Section 25. JR7-1-609 is amended to read:
592          JR7-1-609. Amending draft legislation -- Verbal amendments -- Amendments
593     must be germane and clear.
594          (1) Subject to Subsection (2), when timely and when recognized by the chair, a
595     member of [a] an authorized legislative committee may make a motion to amend the draft
596     legislation under consideration.
597          (2) (a) A member of the authorized legislative committee may make a motion to amend
598     the draft legislation only if the subject of the proposed amendment is germane to the subject of
599     the draft legislation.
600          (b) If a member of the authorized legislative committee believes a proposed
601     amendment is not germane to the subject of the draft legislation, the member may make a point
602     of order in accordance with JR7-1-509.
603          (3) A member of the authorized legislative committee may make a motion for a verbal
604     amendment only if the verbal amendment is sufficiently clear to allow the members of the
605     authorized legislative committee to know how the draft legislation will read when the verbal
606     amendment is incorporated into the draft legislation.
607          Section 26. JR7-1-610 is amended to read:
608          JR7-1-610. Committee bill files -- Effect of favorable recommendation --
609     Committee bill files without recommendation abandoned.
610          (1) After [a] an authorized legislative committee reviews draft legislation the
611     authorized legislative committee may give the draft legislation a favorable recommendation.
612          (2) If [a] an authorized legislative committee gives draft legislation a favorable
613     recommendation, the Office of Legislative Research and General Counsel shall:
614          (a) attach a committee note to the committee bill, as required under JR4-2-401; and
615          (b) assign the committee bill a bill number in accordance with JR4-2-501.
616          (3) (a) Except as provided in Subsection (3)(b), a committee bill file that does not
617     receive a favorable recommendation [before December 31 of the] at the committee's last
618     scheduled meeting of the calendar year in which the committee bill file was opened is
619     abandoned.
620          (b) Subsection (3)(a) does not apply to a committee bill file opened by:
621          (i) the Administrative Rules Review Committee for the purpose of reauthorizing
622     agency rules in accordance with Utah Code Section 63G-3-502; or
623          (ii) the Legislative Process Committee.
624          (4) (a) Nothing in this rule prohibits a legislator from making a request for legislation
625     in the legislator's name to sponsor legislation that was abandoned in accordance with
626     Subsection (3).
627          (b) A request for legislation described in Subsection (4)(a) is subject to the drafting
628     priority described in JR4-2-102.
629          Section 27. JR7-1-611 is amended to read:
630          JR7-1-611. Assignment of committee bills -- Report on committee bills and study
631     items.
632          (1) The chairs of each authorized legislative committee shall:
633          (a) assign each of the authorized legislative committee's bills a chief sponsor and a
634     floor sponsor from the opposite chamber; and
635          (b) deliver to the Senate Rules Committee and the House Rules Committee a report
636     that includes, for each of the authorized legislative committee's committee bills:
637          (i) the short title;
638          (ii) the chief sponsor;
639          (iii) the floor sponsor; and
640          (iv) how each member of the authorized legislative committee voted when the
641     authorized legislative committee gave the committee bill a favorable recommendation,
642     including whether a member was absent at the time of the vote.
643          (2) In addition to the items described in Subsection (1), the chairs of each interim
644     committee shall deliver to the Legislative Management Committee:
645          (a) a copy of the report described in Subsection (1)(b); and
646          (b) the disposition of each issue assigned to or studied by the interim committee during
647     the preceding calendar year.
648          (3) (a) The chairs of an interim committee shall comply with this rule on or before
649     December 15.
650          (b) The chairs of [a special committee] an authorized legislative committee that is not
651     an interim committee shall comply with this rule as soon as practicable.