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8 LONG TITLE
9 General Description:
10 This resolution modifies joint legislative rules.
11 Highlighted Provisions:
12 This resolution:
13 ▸ modifies references to Senate and House staff;
14 ▸ modifies the permissible effective dates for legislation;
15 ▸ provides that a nonbinding joint resolution converts to a Senate resolution or a
16 House resolution, if the resolution passes the originating house but fails to pass the
17 opposite house;
18 ▸ clarifies a legislator's authority to request legislation when the legislator fails to win
19 reelection;
20 ▸ addresses the process by which on the 11th day of the annual general session the
21 Office of Legislative Research and General Counsel makes public the short title of
22 each request for legislation;
23 ▸ modifies the definition of "authorized legislative committee"; and
24 ▸ makes corrections to joint legislative rules, including eliminating obsolete language
25 and clarifying existing requirements.
26 Special Clauses:
27 None
28 Legislative Rules Affected:
29 AMENDS:
30 JR1-3-102
31 JR2-1-103
32 JR3-1-101
33 JR3-2-402
34 JR3-2-701
35 JR3-2-901
36 JR4-1-203
37 JR4-1-303
38 JR4-2-101
39 JR4-2-102
40 JR4-2-103
41 JR4-2-406
42 JR4-2-503
43 JR4-3-101
44 JR4-3-102
45 JR4-3-106
46 JR4-3-108
47 JR4-3-201
48 JR4-3-202
49 JR4-5-101
50 JR4-5-102
51 JR4-5-104
52 JR6-1-201
53 JR6-1-202
54 JR7-1-101
55 JR7-1-202
56 JR7-1-602.5
57 JR7-1-611
58 REPEALS AND REENACTS:
59 JR1-3-101
60 JR4-3-107
61
62 Be it resolved by the Legislature of the state of Utah:
63 Section 1. JR1-3-101 is repealed and reenacted to read:
64 JR1-3-101. Senate and House to keep records of action.
65 The presiding officer of the Senate or House shall ensure that:
66 (1) each action the Senate or House takes on legislation is recorded on the legislation's
67 bill jacket; and
68 (2) each adopted amendment is printed in accordance with SR4-3-301 or HR4-3-301
69 and inserted into the legislation.
70 Section 2. JR1-3-102 is amended to read:
71 JR1-3-102. Senate and House journals.
72 (1) Each house shall:
73 (a) keep a journal of its proceedings;
74 (b) publish the journal daily;
75 (c) ensure that its journal is continuous during the legislative session, with pages
76 numbered in consecutive order;
77 (d) ensure that the vote on final passage of each bill is by yeas and nays and is entered
78 upon the journal;
79 (e) ensure that the vote on any other question is by yeas and nays and is entered upon
80 the journal at the request of five members of that house; and
81 (f) base the journal upon the record of the proceedings taken by the reading or docket
82 clerk and the electronic recording of those proceedings.
83 (2) [
84 Senate staff and House staff shall provide a final certification of the journal for their respective
85 house.
86 Section 3. JR2-1-103 is amended to read:
87 JR2-1-103. Motion to reconsider.
88 [
89 vote on special session legislation may be made at any time during that special session of the
90 Legislature.
91 Section 4. JR3-1-101 is amended to read:
92 JR3-1-101. Process for calling and conducting -- Scope.
93 (1) (a) The president of the Senate and the speaker of the House may, by mutual
94 consent, call joint conventions of the two houses and shall include in the call the purpose for
95 which the joint convention is called.
96 (b) Joint conventions shall be held in the chambers of the House of Representatives,
97 with the president of the Senate presiding.
98 (2) At the time fixed for the joint convention:
99 (a) the House of Representatives shall prepare to receive the Senate; and
100 (b) the Senate shall proceed to the chamber of the House of Representatives.
101 [
102
103 [
104 [
105 (3) The president and speaker shall ensure the proceedings of the convention are
106 entered in the journal of at least one chamber.
107 (4) At a joint convention, members of either house may not engage in the transaction of
108 any business other than that for which they were assembled.
109 Section 5. JR3-2-402 is amended to read:
110 JR3-2-402. Executive appropriations -- Duties -- Base budgets.
111 (1) (a) The Executive Appropriations Committee shall meet no later than the third
112 Wednesday in December to:
113 (i) direct staff as to what revenue estimate to use in preparing budget
114 recommendations, to include a forecast for federal fund receipts;
115 (ii) consider treating above-trend revenue growth as one-time revenue for major tax
116 types and for federal funds;
117 (iii) hear a report on the historical, current, and anticipated status of the following:
118 (A) debt;
119 (B) long term liabilities;
120 (C) contingent liabilities;
121 (D) General Fund borrowing;
122 (E) reserves;
123 (F) fund balances;
124 (G) nonlapsing appropriation balances;
125 (H) cash funded infrastructure investment; and
126 (I) changes in federal funds paid to the state;
127 (iv) hear a report on:
128 (A) the next fiscal year base budget appropriation for Medicaid accountable care
129 organizations according to Section 26-18-405.5;
130 (B) an explanation of program funding needs;
131 (C) estimates of overall medical inflation in the state; and
132 (D) mandated program changes and their estimated cost impact on Medicaid
133 accountable care organizations;
134 (v) decide whether to set aside special allocations for the end of the session, including
135 allocations:
136 (A) to address any anticipated reduction in the amount of federal funds paid to the
137 state; and
138 (B) of one-time revenue to pay down debt and other liabilities;
139 (vi) decide whether to set aside special allocations for legislation that will reduce taxes,
140 including legislation that will reduce one or more tax rates;
141 (vii) approve the appropriate amount for each subcommittee to use in preparing its
142 budget;
143 (viii) set a budget figure; and
144 (ix) adopt a base budget in accordance with Subsection (1)(b) and direct the legislative
145 fiscal analyst to prepare one or more appropriations acts appropriating one or more base
146 budgets for the next fiscal year.
147 (b) In a base budget adopted under Subsection (1)(a), appropriations from the General
148 Fund, the [
149 (i) if the next fiscal year ongoing revenue estimates set under Subsection (1)(a)(i) are
150 equal to or greater than the current fiscal year ongoing appropriations, the new fiscal year base
151 budget is not changed;
152 (ii) if the next fiscal year ongoing revenue estimates set under Subsection (1)(a)(i) are
153 less than the current fiscal year ongoing appropriations, the new fiscal year base budget is
154 reduced by the same percentage that projected next fiscal year ongoing revenue estimates are
155 lower than the total of current fiscal year ongoing appropriations;
156 (iii) in making a reduction under Subsection (1)(b)(ii), appropriated debt service shall
157 not be reduced, and other ongoing appropriations shall be reduced, in an amount sufficient to
158 make the total ongoing appropriations, including the unadjusted debt service, equal to the
159 percentage calculated under Subsection (1)(b)(ii); and
160 (iv) the new fiscal year base budget shall include an appropriation to the Department of
161 Health for Medicaid accountable care organizations in the amount required by Section
162 26-18-405.5.
163 (c) The chairs of each joint appropriations subcommittee are invited to attend this
164 meeting.
165 (2) All proposed budget items shall be submitted to one of the subcommittees named in
166 JR3-2-302 for consideration and recommendation.
167 (3) (a) After receiving and reviewing subcommittee reports, the Executive
168 Appropriations Committee may refer the report back to a joint appropriations subcommittee
169 with any guidelines the Executive Appropriations Committee considers necessary to assist the
170 subcommittee in producing a balanced budget.
171 (b) The subcommittee shall meet to review the new guidelines and report the
172 adjustments to the chairs of the Executive Appropriations Committee as soon as possible.
173 (4) (a) After receiving the reports, the Executive Appropriations Committee chairs will
174 report them to the Executive Appropriations Committee.
175 (b) The Executive Appropriations Committee shall:
176 (i) make any further adjustments necessary to balance the budget; and
177 (ii) complete all decisions necessary to draft the final appropriations bills no later than
178 the last Friday before the 45th day of the annual general session.
179 Section 6. JR3-2-701 is amended to read:
180 JR3-2-701. Request for appropriation -- Contents -- Timing.
181 (1) (a) A legislator intending to file a request for appropriation shall file the request for
182 appropriation with the Office of the Legislative Fiscal Analyst in accordance with this rule.
183 (b) Except for an amendment to a proposed budget item described in JR3-2-703, a
184 committee may not adopt, recommend, or prioritize a request for appropriation that is not filed
185 or generated in accordance with this rule.
186 (c) A legislator may not file a request for appropriation if the request is intended to
187 fund the fiscal impact of legislation.
188 (d) The Office of the Legislative Fiscal Analyst shall automatically generate a request
189 for appropriation to fund the fiscal impact of legislation if:
190 (i) the legislation has an expenditure impact of $1,000,000 or more from the General
191 Fund or the [
192 (ii) the Office of the Legislative Fiscal Analyst knows the fiscal impact of the
193 legislation before the deadline described in Subsection (3)(a).
194 (2) (a) A legislator may file a request for appropriation beginning 60 days after the day
195 on which the Legislature adjourns its annual general session sine die.
196 (b) A legislator-elect may file a request for appropriation beginning on:
197 (i) the day after the day on which the election canvass is complete; or
198 (ii) if the legislator-elect's election results have not been finalized as of the canvass
199 date, the day after the day on which the election results for the legislator-elect's race are final.
200 (c) An incumbent legislator may not file a request for appropriation as of the date that
201 the legislator:
202 (i) fails to file to run for reelection;
203 (ii) resigns or is removed from office; or
204 (iii) is ineligible to be included on the ballot for the election in which the legislator
205 would have sought an additional term.
206 (3) (a) Except as provided in Subsection (3)(b), a legislator may not file a request for
207 appropriation with the Office of the Legislative Fiscal Analyst after noon on the 11th day of the
208 annual general session.
209 (b) After the date established by this Subsection (3), a legislator may file a request for
210 appropriation if:
211 (i) for a request by a House member, the representative makes a motion to file a request
212 for appropriation and that motion is approved by a constitutional majority of the House;
213 (ii) for a request by a senator, the senator makes a motion to file a request for
214 appropriation and that motion is approved by a constitutional majority vote of the Senate; or
215 (iii) a member of the Executive Appropriations Committee has presented the request at
216 a public meeting of the Executive Appropriations Committee.
217 (4) A legislator who files a request for appropriation:
218 (a) is the chief sponsor; and
219 (b) shall provide the following information related to the project or program that is the
220 subject of the request for appropriation:
221 (i) the name and a description of the project or program;
222 (ii) the statewide purpose of the project or program;
223 (iii) if applicable, the legislator's designee who is knowledgeable about and responsible
224 for providing pertinent information while the Office of the Legislative Fiscal Analyst processes
225 the request;
226 (iv) the state funding source from which the legislator proposes to fund the project or
227 program;
228 (v) the amount of the request and whether the amount is to be appropriated one-time,
229 ongoing, or a combination of one-time and ongoing;
230 (vi) an itemized budget for the project or program;
231 (vii) the state agency that has jurisdiction over the project or program;
232 (viii) if the request is for pass through funding that a state agency will distribute, the
233 type of entity or organization the legislator intends to receive the funding;
234 (ix) the scalability of the project or program; and
235 (x) one or more outcomes the legislator expects the project or program to achieve.
236 Section 7. JR3-2-901 is amended to read:
237 JR3-2-901. Appointment and chairs -- Notice.
238 (1) (a) If the Senate refuses to concur in the House amendments to a Senate bill, the
239 [
240 House to recede from its amendments.
241 (b) Either house may recede from its position on any difference existing between the
242 two houses by a majority vote of its members.
243 (c) (i) If the House refuses to recede, the speaker shall appoint a conference committee
244 of three.
245 (ii) After making the appointment, the speaker shall:
246 (A) publicly announce the House members of the conference committee and the time
247 and place that the conference committee will meet;
248 (B) ensure that no more than two of the appointees are members of the majority party;
249 and
250 (C) direct House staff to provide electronic notice that identifies the House members of
251 the conference committee and the time and place of the conference committee meeting.
252 (d) If the speaker does not immediately appoint a conference committee, the president
253 may appoint a conference committee as provided in Subsection (2)(c).
254 (e) After the Senate refuses to concur in the House amendments to a Senate bill, the
255 House may not amend or substitute the bill, unless:
256 (i) the sole effect of the amendment or substitute is to recede from one or more House
257 amendments to the bill; or
258 (ii) the amendment or substitute is part of a conference committee report.
259 (2) (a) If the House refuses to concur in the Senate amendments to a House bill, the
260 [
261 Senate to recede from its amendments.
262 (b) Either house may recede from its position on any difference existing between the
263 two houses by a majority vote of its members.
264 (c) (i) If the Senate refuses to recede, the president shall appoint a conference
265 committee of three.
266 (ii) After making the appointment, the president shall:
267 (A) publicly announce the Senate members of the conference committee and the time
268 and place that the conference committee will meet;
269 (B) ensure that no more than two of the appointees are members of the majority party;
270 and
271 (C) direct Senate staff to provide electronic notice that identifies the Senate members
272 of the conference committee and the time and place of the conference committee meeting.
273 (d) If the president does not immediately appoint a conference committee, the speaker
274 may appoint a conference committee as provided in Subsection (1)(c).
275 (e) After the House refuses to concur in the Senate amendments to a House bill, the
276 Senate may not amend or substitute the bill, unless:
277 (i) the sole effect of the amendment or substitute is to recede from one or more Senate
278 amendments to the bill; or
279 (ii) the amendment or substitute is part of a conference committee report.
280 (3) (a) Whenever the president or speaker appoints a conference committee, the
281 [
282 (i) immediately notify the other house of the action taken; and
283 (ii) request the appointment of conference committee members from that other house.
284 (b) After receiving the notice and request, the presiding officer of the other house shall:
285 (i) appoint a conference committee of three;
286 (ii) publicly announce the members of the conference committee from that house and
287 the time and place that the conference committee will meet; and
288 (iii) direct staff to provide electronic notice that identifies the members of the
289 conference committee and the time and place of the conference committee meeting.
290 (4) (a) The first senator named on the conference committee is the Senate chair of the
291 committee, and the first representative named on the conference committee is the House chair.
292 (b) The conference committee chairs shall direct the preparation of the conference
293 committee report.
294 Section 8. JR4-1-203 is amended to read:
295 JR4-1-203. Effective date of bills.
296 (1) (a) Unless otherwise directed by the Legislature and subject to Subsections (2) and
297 (3), a bill becomes effective 60 days after the adjournment of the session at which it passed.
298 (b) The 60 days begins to run the day after the Legislature adjourns sine die.
299 (2) (a) The effective date of a bill may not be a date later than [
300 January 1 of the second calendar year immediately following the calendar year of the session at
301 which the bill is passed.
302 (b) A bill with a contingent effective date is not subject to Subsection (2)(a).
303 (3) (a) If the effective date of a bill is contingent, before the bill may be introduced:
304 (i) the bill sponsor shall inform the legislative general counsel of the contingent
305 effective date; and
306 (ii) the legislative general counsel shall, on behalf of the bill sponsor, request approval
307 of the contingent effective date from the president and speaker.
308 (b) A bill that has a contingent effective date that is not approved by the president and
309 the speaker may not be introduced.
310 (c) Subsections (3)(a) and (b) do not apply to a bill that has a contingent effective date
311 that is contingent on voter approval of an amendment to the Utah Constitution.
312 (4) A rules committee, a standing committee, the Senate, or the House of
313 Representatives is prohibited from suspending the provisions of Subsection (2) or (3).
314 Section 9. JR4-1-303 is amended to read:
315 JR4-1-303. Distribution of resolutions.
316 (1) (a) Subject to Subsection (2), [
317 Senate shall ensure that Senate Resolutions and Senate Joint Resolutions are distributed as
318 required by the resolution.
319 (b) Subject to Subsection (2), [
320 shall ensure that House Resolutions and House Joint Resolutions are distributed as required in
321 the resolution.
322 (2) If either the House or the Senate, or both, enact a resolution urging action by the
323 United States House of Representatives, the United States Senate, or the United States
324 Congress as a whole, in informing those entities of the action, the resolution may only be sent
325 to:
326 (a) the Utah congressional delegation;
327 (b) the speaker of the United States House of Representatives;
328 (c) the majority leader of the United States Senate; and
329 (d) at the request of the legislative sponsor, any member of the appropriate U.S. House
330 or U.S. Senate committee or subcommittee.
331 Section 10. JR4-2-101 is amended to read:
332 JR4-2-101. Requests for legislation -- Contents -- Timing.
333 (1) (a) A legislator wishing to introduce a bill or resolution shall file a request for
334 legislation with the Office of Legislative Research and General Counsel within the time limits
335 established by this rule.
336 (b) The request for legislation shall:
337 (i) designate the chief sponsor, who is knowledgeable about and responsible for
338 providing pertinent information as the legislation is drafted;
339 (ii) if the request is for a general session, designate any supporting legislators from the
340 same house as the chief sponsor who wish to cosponsor the legislation; and
341 (iii) (A) provide specific information concerning the change or addition to law or
342 policy that the legislator intends the proposed legislation to make; or
343 (B) identify the specific situation or concern that the legislator intends the legislation to
344 address.
345 (2) (a) Any legislator may file a request for legislation beginning 60 days after the
346 Legislature adjourns its annual general session sine die.
347 (b) A legislator-elect may file a request for legislation beginning on:
348 (i) the day after the date the election canvass is completed; or
349 (ii) if the legislator-elect's election results have not been finalized as of the canvass
350 date, the day after the date the election results for the legislator-elect's race are finalized.
351 (c) (i) An incumbent legislator may not file any requests for legislation as of the date
352 that the legislator:
353 (A) fails to file to run for election to a seat in the Legislature;
354 [
355 [
356 legislator would have sought an additional term[
357 (C) fails to win reelection and the legislator's opponent is eligible to file a request for
358 legislation under Subsection (2)(b).
359 (ii) Subsection (2)(c)(i) does not apply to a request for legislation for a special session
360 that occurs before the legislator leaves office.
361 [
362
363
364
365 (d) (i) If, for any reason, a legislator who filed a request for legislation is unavailable to
366 serve in the next annual general session, the former legislator [
367 legislator to assume sponsorship of each request for legislation filed by the legislator who is
368 unavailable to serve.
369 (ii) If the former legislator is unable to find another legislator to sponsor the legislation
370 within 30 days, the Office of Legislative Research and General Counsel shall abandon each
371 pending request for legislation from the legislator who is unavailable to serve.
372 (e) (i) If a legislator dies while in office and is the chief sponsor of one or more
373 requests for legislation or pieces of legislation, the individual appointed to the legislator's seat
374 may assume sponsorship of each request for legislation or piece of legislation.
375 (ii) If the individual appointed to the legislator's seat chooses not to assume
376 sponsorship of one or more of the legislator's requests for legislation or pieces of legislation,
377 the following individual shall seek another legislator to assume sponsorship of each request for
378 legislation or piece of legislation:
379 (A) if the legislator was a member of the House majority caucus, the House majority
380 leader;
381 (B) if the legislator was a member of the House minority caucus, the House minority
382 leader;
383 (C) if the legislator was a member of the Senate majority caucus, the Senate majority
384 leader; or
385 (D) if the legislator was a member of the Senate minority caucus, the Senate minority
386 leader.
387 (iii) If the individual described in Subsection (2)(e)(ii) does not find a new sponsor for
388 a request for legislation, the Office of Legislative Research and General Counsel shall abandon
389 the request for legislation.
390 (3) (a) Except as provided in Subsection (3)(c), a legislator may not file a request for
391 legislation with the Office of Legislative Research and General Counsel after noon on the 11th
392 day of the annual general session.
393 [
394
395
396
397 [
398 Research and General Counsel shall make public on the Legislature's website the short title and
399 sponsor of each request for legislation, unless the sponsor abandons the request for legislation
400 before noon on the 11th day of the annual general session.
401 (c) (i) After the [
402
403 annual general session, a legislator may file a request for legislation only if:
404 [
405
406 constitutional majority of the House; or
407 [
408
409 constitutional majority vote of the Senate.
410 (ii) The Office of Legislative Research and General Counsel shall make public on the
411 Legislature's website the short title and sponsor of each request for legislation described in this
412 Subsection (3)(c).
413 (4) After a request for legislation is abandoned, a legislator may not revive the request
414 for legislation.
415 (5) A legislator wishing to obtain funding for a project, program, or entity, when that
416 funding request does not require that a statute be enacted, repealed, or amended, may not file a
417 Request for Legislation but instead shall file a request for appropriation by following the
418 procedures and requirements of JR3-2-701.
419 Section 11. JR4-2-102 is amended to read:
420 JR4-2-102. Drafting and prioritizing legislation.
421 (1) As used in this rule, "interim committee" means a committee established under
422 JR7-1-201.
423 (2) (a) Requests for legislation shall be drafted on a first-in, first-out basis, except for
424 legislation that is prioritized under the provisions of this rule.
425 (b) When sufficient drafting information is available, the following requests for
426 legislation shall be drafted before other requests for legislation, in the following order of
427 priority:
428 (i) a committee bill file, as defined in JR7-1-101; and
429 (ii) a request for legislation that is prioritized by a legislator under Subsection (3).
430 (3) (a) Beginning on the first day on which a request for legislation may be filed under
431 JR4-2-101, a member of the House of Representatives may designate up to four requests for
432 legislation as priority requests, and a member of the Senate may designate up to five requests
433 for legislation as priority requests, subject to the following deadlines:
434 (i) except as provided in Subsection (3)(b),priority request number one for
435 representatives, and priority request numbers one and two for senators, must be requested on or
436 before November 15, or the following regular business day if November 15 falls on a weekend
437 or a holiday;
438 (ii) priority request number two for representatives, and priority request number three
439 for senators, must be requested on or before the first Thursday in December, or the following
440 business day if the first Thursday falls on a holiday;
441 (iii) priority request number three for representatives, and four for senators must be
442 requested on or before the first Thursday in January, or the following business day if the first
443 Thursday falls on a holiday; and
444 (iv) priority request number four for representatives, and five for senators must be
445 requested on or before the first Thursday of the annual general session.
446 (b) (i) A representative-elect who is not a sitting legislator, shall designate priority
447 request number one on or before the first Thursday in December, or the following business day
448 if the first Thursday falls on a holiday.
449 (ii) A representative-elect who is a sitting senator shall designate each of the
450 representative-elect's priority requests in accordance with the deadlines for representatives
451 described in Subsection (3)(a).
452 (iii) (A) A senator-elect who is not a sitting legislator, shall designate priority request
453 numbers one and two on or before the first Thursday in December, or the following business
454 day if the first Thursday falls on a holiday.
455 (B) A senator-elect who is a sitting representative, shall designate priority request
456 number one in accordance with Subsection (3)(a)(i), and priority request number two on or
457 before the first Thursday in December, or the following business day if the first Thursday falls
458 on a holiday.
459 (c) (i) A legislator who is appointed to replace a legislator who resigns or is otherwise
460 unable to serve, may:
461 (A) if the legislator is a representative, designate up to four requests for legislation as
462 priority requests, less the number of priority requests designated by the legislator's predecessor;
463 or
464 (B) if the legislator is a senator, designate up to five requests for legislation as priority
465 requests, less the number of priority requests designated by the legislator's predecessor.
466 (ii) The deadline for an appointed legislator to designate each priority request is the
467 same as the deadline that would apply if the designation were made by the legislator's
468 predecessor.
469 (d) (i) A legislator who fails to make a priority request on or before a deadline loses
470 that priority request. [
471 (ii) Subsection (3)(d)(i) does not prohibit a legislator from using any remaining priority
472 requests that are associated with a later deadline, if available.
473 (e) A legislator may not designate a request for legislation as a priority request unless
474 the request:
475 (i) provides specific or conceptual information concerning the change or addition to
476 law or policy that the legislator intends the proposed legislation to make; or
477 (ii) identifies the specific situation or concern that the legislator intends the legislation
478 to address.
479 (4) A legislator may not:
480 (a) revoke a priority designation once it has been requested;
481 (b) transfer a priority designation to a different request for legislation; or
482 (c) transfer a priority designation to another legislator.
483 (5) (a) Notwithstanding Subsection (4), a request for legislation designated as a priority
484 request remains a priority request if the request for legislation is transferred to another
485 legislator in accordance with:
486 (i) Subsection JR4-2-101(2)(d) [
487 from office; or
488 (ii) Subsection JR4-2-101(2)(e).
489 (b) A priority request described in Subsection (5)(a) does not count against the number
490 of priority designations to which the receiving legislator is entitled under Subsection (3).
491 (6) Except as provided under JR4-2-502 or as otherwise provided in these rules, the
492 Office of Legislative Research and General Counsel shall:
493 (a) reserve as many bill numbers as necessary to number the bills recommended by an
494 interim committee; and
495 (b) number all other legislation in the order in which the legislation is approved by the
496 sponsor for numbering.
497 Section 12. JR4-2-103 is amended to read:
498 JR4-2-103. Legislation -- Sponsorship requirements.
499 (1) (a) The legislator who approves the legislation for numbering is the chief sponsor.
500 (b) The chief sponsor may withdraw sponsorship of the legislation by following the
501 procedures and requirements of Senate Rules or House Rules.
502 (2) (a) Before or after the bill is introduced, legislators from the same house as the
503 chief sponsor may have their names added to or deleted from the legislation as co-sponsors by
504 following the procedures and requirements of Senate Rules or House Rules.
505 (b) Except as provided in Subsection (3), only legislators who are members of the same
506 house as the chief sponsor may co-sponsor legislation.
507 (3) Before [
508
509 sponsor shall:
510 (a) designate a member of the opposite house as sponsor of the legislation for that
511 house; and
512 (b) provide [
513 that sponsor for designation on the legislation.
514 Section 13. JR4-2-406 is amended to read:
515 JR4-2-406. Funding mix for state employee compensation adjustments and
516 internal service fund rate impacts.
517 (1) The legislative fiscal analyst shall prepare a budget for state employee
518 compensation adjustments and internal service fund rate impacts that minimizes costs to the
519 unrestricted General Fund, [
520 (a) using a mix of funding sources that is proportionate to that of the base budget, as
521 defined in JR3-2-101, at the appropriation unit level for the same budget year;
522 (b) including sources other than the unrestricted General Fund, [
523 Tax Fund, and Uniform School Fund, regardless of the availability of additional revenue;
524 (c) adjusting the funding mix when the full or partial use of one or more sources is
525 directed in statute, federal regulation, or the terms of a federal grant; and
526 (d) adjusting the funding mix based on the appropriate use of funding sources other
527 than the unrestricted General Fund, [
528 transportation-related funds, federal funds, restricted accounts, and dedicated credits.
529 (2) When the legislative fiscal analyst adjusts the funding mix in accordance with
530 Subsection (1)(c) or (d), the legislative fiscal analyst shall:
531 (a) eliminate the appropriate portion of the source from the funding mix;
532 (b) deduct the amount associated with the source from the base budget total;
533 (c) recalculate the proportional distribution among remaining sources; and
534 (d) distribute the appropriate budget adjustment amounts accordingly.
535 (3) If the legislative fiscal analyst identifies a funding mix that would provide
536 additional spending authority for sources other than the unrestricted General Fund, [
537 Income Tax Fund, and Uniform School Fund and additional revenue is unavailable, in
538 accordance with Subsection (1)(b), an agency may make or request program reductions,
539 reprioritizations, reallocations, or fee increases pursuant with Utah Code Title 63J, Chapter 1,
540 Budgetary Procedures Act.
541 (4) The legislative fiscal analyst shall request that an internal service fund agency
542 reflect state employee compensation adjustments and impacts from rate changes in other
543 internal funds in the rates recommended by the internal service fund agency for a given budget
544 cycle, either:
545 (a) on a prospective basis for the budget year, based on an estimated amount; or
546 (b) on a one-year lag basis, if the specific internal service fund has sufficient operating
547 reserves to maintain the internal service fund's fiscal integrity.
548 (5) (a) The Executive Appropriations Committee may approve for one fiscal year
549 exceptions to the budget preparation criteria described in Subsections (1) through (4).
550 (b) The legislative fiscal analyst shall prepare a budget that includes exceptions
551 approved by the Executive Appropriations Committee under this Subsection (5).
552 (c) The Executive Appropriations Committee shall annually determine whether to
553 re-approve an exception approved by the Executive Appropriations Committee under this
554 Subsection (5).
555 Section 14. JR4-2-503 is amended to read:
556 JR4-2-503. Distribution of bills and resolutions and preparation for introduction.
557 (1) After the Office of Legislative Research and General Counsel [
558
559 (a) provide an electronic copy of the legislation to the chief sponsor, the Office of
560 Legislative Printing, and the Office of the Legislative Fiscal Analyst; and
561 (b) post a copy on the Internet.
562 (2) After receiving a copy of the numbered bill from legislative printing, [
563
564 (a) create the official backed copy of the legislation; and
565 (b) notify the [
566 that the legislation is ready for introduction.
567 Section 15. JR4-3-101 is amended to read:
568 JR4-3-101. Introduction of legislation.
569 (1) [
570 shall inform the presiding officer about legislation ready for introduction.
571 (2) When directed to do so by the presiding officer, [
572 House staff shall introduce the legislation by reading its number and short title, which
573 constitutes the legislation's first reading.
574 Section 16. JR4-3-102 is amended to read:
575 JR4-3-102. Reference of legislation.
576 (1) During an annual general or special session of the Legislature, after a piece of
577 legislation has been introduced and read for the first time, it shall be referred to a committee or
578 to the floor as provided in Senate or House Rules.
579 (2) The [
580
581 legislation assigned to a committee is delivered to the chair of that committee or to that chair's
582 designee.
583 Section 17. JR4-3-106 is amended to read:
584 JR4-3-106. Notice to other chamber that legislation has failed.
585 (1) When a piece of legislation that passed the Senate is rejected by the House, the
586 [
587 (2) When a piece of legislation that passed the House is rejected by the Senate, the
588 [
589 Section 18. JR4-3-107 is repealed and reenacted to read:
590 JR4-3-107. Legislation transmitted to other chamber.
591 The presiding officer shall ensure that:
592 (1) notice of the passage of legislation on third reading is transmitted to the other
593 chamber;
594 (2) before legislation is transmitted to the other chamber:
595 (a) each amendment is printed and inserted into the legislation in accordance with
596 JR1-3-101; and
597 (b) any substitute is printed on the designated color paper; and
598 (3) the date on which legislation is transmitted to the other chamber is entered in the
599 journal.
600 Section 19. JR4-3-108 is amended to read:
601 JR4-3-108. Consideration and action on amendments to legislation made in the
602 other chamber.
603 (1) (a) If the Senate amends and passes, or substitutes and passes, a piece of House
604 legislation, the House:
605 (i) must either "concur" or "refuse to concur" in the amendments or substitute; and
606 (ii) may not amend or substitute the legislation.
607 (b) (i) If the House concurs, the legislation shall be voted on for final passage in the
608 House.
609 (ii) If the legislation passes, the [
610
611 JR4-5-101, and send the legislation to the Office of Legislative Research and General Counsel
612 for enrolling.
613 (c) If the House refuses to concur in the Senate amendments or substitute to a piece of
614 House legislation, [
615 requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference Committees.
616 (2) (a) If the House amends and passes, or substitutes and passes, a piece of Senate
617 legislation, the Senate:
618 (i) must either "concur" or "refuse to concur" in the amendments or substitute; and
619 (ii) may not amend or substitute the legislation.
620 (b) (i) If the Senate concurs, the legislation shall be voted on for final passage in the
621 Senate.
622 (ii) If the legislation passes, the [
623
624 compliance with JR4-5-101, and send the legislation to the Office of Legislative Research and
625 General Counsel for enrolling.
626 (c) If the Senate refuses to concur in the House amendments or substitute to a piece of
627 Senate legislation, [
628 requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference Committees.
629 Section 20. JR4-3-201 is amended to read:
630 JR4-3-201. Transmittal letters.
631 The [
632 ensure that:
633 (1) [
634 letter is attached to each piece of legislation to be transmitted to the opposite [
635 and
636 (2) [
637 opposite [
638 Section 21. JR4-3-202 is amended to read:
639 JR4-3-202. Memorializing formal receipt of legislation from other house.
640 (1) (a) Upon receipt of a transmittal letter from the Senate, [
641
642 a receipt recording the House's receipt of the legislation.
643 (b) Once the receipt is signed, the legislation is in the possession of the House.
644 (2) (a) Upon receipt of a transmittal letter from the House, [
645
646 receipt recording the Senate's receipt of the legislation.
647 (b) Once the receipt is signed, the legislation is in the possession of the Senate.
648 Section 22. JR4-5-101 is amended to read:
649 JR4-5-101. Certification and signature.
650 (1) (a) When a piece of Senate legislation has passed both houses, the [
651
652 identifying:
653 (i) the date that the legislation passed the Senate;
654 (ii) the number of senators voting for and against the legislation;
655 (iii) the number of senators absent for the vote;
656 (iv) the date that the legislation passed the House;
657 (v) the number of representatives voting for and against the legislation; and
658 (vi) the number of representatives absent for the vote.
659 (b) When a piece of House legislation has passed both houses, the [
660
661 identifying:
662 (i) the date that the legislation passed the House;
663 (ii) the number of representatives voting for and against the legislation;
664 (iii) the number of representatives absent for the vote;
665 (iv) the date that the legislation passed the Senate;
666 (v) the number of senators voting for and against the legislation; and
667 (vi) the number of senators absent for the vote.
668 (2) (a) Except as provided in Subsection (2)(b), within one legislative day of final
669 passage, each piece of legislation shall be signed:
670 (i) first by the presiding officer of the house in which it was last voted upon; and
671 (ii) second by the presiding officer of the other house.
672 (b) Within five days following the adjournment sine die of a legislative session, each
673 piece of legislation passed on the final day of that legislative session shall be signed:
674 (i) first by the presiding officer of the house in which it was last voted upon; and
675 (ii) second by the presiding officer of the other house.
676 [
677
678 (c) Unless the session has adjourned sine die, the presiding officer shall ensure that the
679 presiding officer's signature on the legislation is noted in the journal.
680 Section 23. JR4-5-102 is amended to read:
681 JR4-5-102. Enrollment and transmittal of legislation to the governor.
682 (1) (a) After a piece of legislation that has passed both houses has been signed by the
683 presiding officers, the [
684 Office of Legislative Research and General Counsel.
685 (b) The Office of Legislative Research and General Counsel shall:
686 (i) examine and enroll the legislation;
687 (ii) correct any technical errors as provided by Utah Code Section 36-12-12; and
688 (iii) transmit a copy of the enrolled legislation to:
689 (A) [
690 (B) [
691 (2) When enrolling the legislation, the Office of Legislative Research and General
692 Counsel shall:
693 (a) include the name of the House floor sponsor for Senate legislation under the
694 heading "House Sponsor:"; or
695 (b) include the name of the Senate floor sponsor for House legislation under the
696 heading "Senate Sponsor:".
697 (3) The [
698 the president's or the speaker's designee, shall:
699 (a) certify each enrolled piece of legislation; and
700 (b) ensure that a copy of the enrolled legislation is:
701 (i) transmitted to the governor;
702 (ii) filed with the [
703 (iii) transmitted to the chief sponsor upon request; and
704 (iv) transmitted to the Office of Legislative [
705 Section 24. JR4-5-104 is amended to read:
706 JR4-5-104. Converting certain joint and concurrent resolutions.
707 (1) As used in this rule:
708 (a) "Nonbinding concurrent resolution" means a nonbinding resolution that is a
709 concurrent resolution.
710 (b) "Nonbinding House joint resolution" means a nonbinding resolution that is a House
711 joint resolution.
712 (c) (i) "Nonbinding resolution" means a resolution that:
713 (A) is primarily for the purpose of recognizing, honoring, or memorializing an
714 individual, group, or event;
715 (B) requests, rather than compels, action or awareness by an individual or group; or
716 (C) is informational or promotional in nature.
717 (ii) "Nonbinding resolution" does not include:
718 (A) a rules resolution;
719 (B) a resolution for a constitutional amendment; or
720 (C) any resolution that approves or authorizes any action, requires any substantive
721 action be taken, or results in a change in law, policy, or funding.
722 (d) "Nonbinding Senate joint resolution" means a nonbinding resolution that is a
723 Senate joint resolution.
724 (2) (a) [
725 governor does not approve [
726 time limit described in Utah Constitution, Article VII, Section 8 that would apply if the
727 nonbinding concurrent resolution were a bill[
728
729 (b) A nonbinding Senate joint resolution converts to a Senate resolution if:
730 (i) the Senate passes the nonbinding Senate joint resolution; and
731 (ii) the House does not pass the same version of the nonbinding Senate joint resolution
732 as the Senate.
733 (c) A nonbinding House joint resolution converts to a House resolution if:
734 (i) the House passes the nonbinding House joint resolution; and
735 (ii) the Senate does not pass the same version of the nonbinding House joint resolution
736 as the House.
737 (3) The version of a nonbinding Senate joint resolution or a nonbinding House joint
738 resolution that passes the originating chamber is the version that converts to a Senate resolution
739 or a House resolution.
740 [
741 resolution in accordance with this rule when the office enrolls the resolution.
742 (b) The legislative general counsel may make technical revisions to convert a
743 resolution [
744 accordance with this rule, including the revisions necessary to comply with JR4-1-301.
745 [
746
747 resolution in accordance with this rule, the Office of Legislative Research and General Counsel
748 shall note the conversion in the Laws of Utah and on the [
749
750
751 Section 25. JR6-1-201 is amended to read:
752 JR6-1-201. Declaring and recording conflicts of interest.
753 (1) As used in this rule:
754 (a) "Conflict of interest" means the same as that term is defined in Utah Code Section
755 20A-11-1602.
756 (b) "Conflict of interest disclosure" means the same as that term is defined in Utah
757 Code Section 20A-11-1602.
758 (2) A legislator shall file a conflict of interest disclosure by complying with the
759 requirements of Utah Code Title 20A, Chapter 11, Part 16, Conflict of Interest Disclosures.
760 (3) (a) For a legislator who is a senator, [
761 ensure that a link to the legislator's conflict of interest disclosure is available to the public on
762 the Senate's website.
763 (b) For a legislator who is a representative, [
764
765 disclosure is available to the public on the House of Representative's website.
766 (4) If a legislator has actual knowledge that the legislator has a conflict of interest that
767 is not stated on the legislator's financial disclosure form filed under Subsection (2), that
768 legislator shall, before or during a vote on legislation or any legislative matter, orally declare to
769 the committee or legislative body:
770 (a) that the legislator may have a conflict of interest; and
771 (b) what that conflict is.
772 (5) A verbal declaration of a conflict of interest under Subsection (4) shall be recorded:
773 (a) for a declaration made on the floor, in the Senate or House [
774
775 (b) for a declaration made in a committee or other meeting, in the minutes of the
776 meeting.
777 (6) The requirements of this rule do not prohibit a legislator from voting on any
778 legislation or legislative matter.
779 Section 26. JR6-1-202 is amended to read:
780 JR6-1-202. Disclosure of outside remuneration.
781 (1) As used in this rule:
782 (a) "Person" includes an individual, partnership, association, organization, company,
783 and bodies politic and corporate or a lobbyist from any of these.
784 (b) "Person" does not include a person who provides the legislator's primary source of
785 income.
786 (2) If any person provides remuneration to a legislator to compensate that legislator for
787 a loss of salary or income while the Legislature is in session, that legislator shall file a written
788 disclosure identifying:
789 (a) that the legislator receives remuneration; and
790 (b) the name of the person who provides the remuneration.
791 (3) (a) The legislator shall file the disclosure by February 1 of each year with:
792 (i) [
793 (ii) [
794 representative.
795 (b) This disclosure is available to the public.
796 Section 27. JR7-1-101 is amended to read:
797 JR7-1-101. Definitions.
798 As used in this chapter:
799 (1) "Anchor location" means the physical location from which:
800 (a) an electronic meeting originates; or
801 (b) the participants are connected.
802 (2) "Authorized legislative committee" means:
803 (a) an interim committee;
804 (b) the Legislative Management Committee;
805 [
806 (i) the Senate Rules Committee created in SR3-1-101; or
807 (ii) the House Rules Committee created in HR3-1-101; or
808 [
809 (i) that is not a mixed special committee; and
810 (ii) to the extent the special committee has statutory authority to open a committee bill
811 file or create a committee bill.
812 (3) "Bill" means the same as that term is defined in JR4-1-101.
813 (4) "Chair" except as otherwise expressly provided, means:
814 (a) the member of the Senate appointed as chair of an interim committee by the
815 president of the Senate under JR7-1-202;
816 (b) the member of the House of Representatives appointed as chair of an interim
817 committee by the speaker of the House of Representatives under JR7-1-202;
818 (c) a member of a special committee appointed as chair of the special committee; or
819 (d) a member of a legislative committee designated by the chair of the legislative
820 committee under Subsection (4)(a), (b), or (c) to act as chair under JR7-1-202.
821 (5) "Committee bill" means draft legislation that receives a favorable recommendation
822 from an authorized legislative committee.
823 (6) "Committee bill file" means a request for legislation made by:
824 (a) a majority vote of an authorized legislative committee; or
825 (b) the chairs of an interim committee, if the interim committee authorizes the chairs to
826 open one or more committee bill files in accordance with JR7-1-602.
827 (7) "Committee note" means a note that the Office of Legislative Research and General
828 Counsel places on legislation in accordance with JR4-2-401.
829 (8) "Draft legislation" means a draft of a bill or resolution before it is numbered by the
830 Office of Legislative Research and General Counsel.
831 (9) "Electronic meeting" means the same as that term is defined in Utah Code Section
832 52-4-103.
833 (10) "Favorable recommendation" means an action of an authorized legislative
834 committee by majority vote to favorably recommend legislation.
835 (11) "Legislative committee" means:
836 (a) an interim committee; or
837 (b) a special committee.
838 (12) "Interim committee" means a committee created under JR7-1-201.
839 (13) "Legislative sponsor" means:
840 (a) for a committee bill file, the chairs of the authorized legislative committee that
841 opened the committee bill file or the chairs' designee; or
842 (b) for a request for legislation that is not a committee bill file, the legislator who
843 requested the request for legislation or the legislator's designee.
844 (14) "Majority vote" means:
845 (a) with respect to an interim committee, an affirmative vote of at least 50% of a
846 quorum of members of the interim committee from one chamber and more than 50% of a
847 quorum of members of the interim committee from the other chamber; or
848 (b) with respect to a special committee, an affirmative vote of more than 50% of a
849 quorum.
850 (15) "Mixed special committee" means a special committee that is composed of one or
851 more voting members who are legislators and one or more voting members who are not
852 legislators.
853 (16) "Original motion" means a nonprivileged motion that is accepted by the chair
854 when no other motion is pending.
855 (17) "Pending motion" means a motion described in JR7-1-307.
856 (18) "Privileged motion" means a motion to adjourn, set a time to adjourn, recess, end
857 debate, extend debate, or limit debate.
858 (19) "Public statement" means a statement made in the ordinary course of business of a
859 legislative committee with the intent that all other members of the legislative committee
860 receive it.
861 (20) "Remote location" means a location other than the anchor location from which a
862 member of a legislative committee may participate in the meeting.
863 (21) "Request for legislation" means the same as that term is defined in JR4-1-101.
864 (22) "Resolution" means the same as that term is defined in JR4-1-101.
865 (23) (a) "Special committee" means a committee, commission, task force, or other
866 similar body that is:
867 (i) created by legislation; and
868 (ii) staffed by:
869 (A) the Office of Legislative Research and General Counsel; or
870 (B) the Office of the Legislative Fiscal Analyst.
871 (b) "Special committee" does not include:
872 (i) an interim committee;
873 (ii) a standing committee created under SR3-2-201 or HR3-2-201; or
874 (iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
875 (24) "Subcommittee" means a subsidiary unit of a legislative committee formed in
876 accordance with JR7-1-411.
877 (25) "Substitute motion" means a nonprivileged motion that a member of a legislative
878 committee makes when there is a nonprivileged motion pending.
879 Section 28. JR7-1-202 is amended to read:
880 JR7-1-202. President and speaker to appoint legislative committee members and
881 chairs.
882 (1) The president of the Senate shall appoint:
883 (a) one or more senators to each legislative committee[
884 serve as chair of the legislative committee; or
885 [
886 (b) if the legislative committee is a special committee, senators as provided by the
887 special committee's enacting legislation.
888 (2) The speaker of the House of Representatives shall appoint:
889 (a) one or more representatives to each legislative committee[
890 representative to serve as chair of the legislative committee; or
891 [
892 (b) (i) if the legislative committee is a special committee, representatives as provided
893 by the special committee's enacting legislation.
894 (3) A chair may designate a member of the legislative committee to act as a chair for
895 all or part of a legislative committee meeting if neither chair is present at the meeting.
896 Section 29. JR7-1-602.5 is amended to read:
897 JR7-1-602.5. Draft legislation presented to authorized legislative committees
898 during the interim.
899 (1) Draft legislation that is presented to an authorized legislative committee for the
900 committee's review shall be:
901 (a) listed on the agenda of the committee's meeting in accordance with Utah Code Title
902 52, Chapter 4, Open and Public Meetings Act; and
903 (b) publicly posted on the Legislature's website at least 24 hours in advance of the time
904 of commencement of the committee meeting.
905 (2) (a) A legislator seeking to present draft legislation to an authorized legislative
906 committee for review shall provide the drafting attorney with clear and final instructions for
907 completing the draft legislation no later than three full working days before the commencement
908 time of the committee meeting where the legislation will be reviewed, or at an earlier time if
909 significant drafting time is required.
910 (b) Draft legislation will be drafted in the priority and order set forth under JR4-2-102.
911 (3) (a) Draft legislation that is recommended by an authorized legislative committee
912 but did not meet the posting requirements of Subsection (1)(b) may not be placed directly on
913 [
914 [
915
916 (b) Notwithstanding Subsection (3)(a), a rules committee may refer a committee bill
917 that was posted in accordance with Subsection (1)(b) directly to a reading calendar regardless
918 of whether the committee bill was modified after posting and before the authorized legislative
919 committee's vote to recommend.
920 Section 30. JR7-1-611 is amended to read:
921 JR7-1-611. Assignment of committee bills -- Report on committee bills and study
922 items.
923 (1) The chairs of each authorized legislative committee shall:
924 (a) assign each of the authorized legislative committee's committee bills a chief
925 sponsor and a floor sponsor from the opposite chamber; and
926 (b) deliver to the Senate Rules Committee and the House Rules Committee a report
927 that includes, for each of the authorized legislative committee's committee bills:
928 (i) the short title;
929 (ii) the chief sponsor;
930 (iii) the floor sponsor; and
931 (iv) how each member of the authorized legislative committee voted when the
932 authorized legislative committee gave the committee bill a favorable recommendation,
933 including whether a member was absent at the time of the vote.
934 (2) In addition to the items described in Subsection (1), the chairs of each interim
935 committee shall deliver to the Legislative Management Committee:
936 (a) a copy of the report described in Subsection (1)(b); and
937 (b) the disposition of each issue assigned to or studied by the interim committee during
938 the preceding calendar year.
939 (3) (a) The chairs of an interim committee shall comply with this rule on or before
940 December 15.
941 (b) The chairs of an authorized legislative committee that is not an interim committee
942 shall comply with this rule as soon as practicable.