1     
LEGISLATIVE COMMITTEE STAFF REQUIREMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ryan D. Wilcox

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill addresses staffing of legislative committees.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides the circumstances under which an entity that is not a professional
13     legislative staff office may staff a legislative committee; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          36-12-23, as enacted by Laws of Utah 2023, Chapter 429
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 36-12-23 is amended to read:
25          36-12-23. Legislative committees -- Staffing.
26          (1) As used in this section:
27          [(1)] (a) "Chair" means a presiding officer or a co-presiding officer of a [legislative]
28     committee.
29          [(2)] (b) "Committee" means a standing committee, interim committee, subcommittee,
30     special committee, authority, commission, council, task force, panel, or board in which
31     legislative participation is required by [law] statute or legislative rule.
32          [(3)] (c) "Legislative committee" means a committee:
33          [(a)] (i) formed by the Legislature to study or oversee subjects of legislative concern;
34     and
35          [(b)] (ii) that is required by [law] statute or legislative rule to have a chair who is a
36     legislator.
37          [(4)] (d) "Legislator" means a member of either [house] chamber of the Legislature.
38          [(5)] (e) "Professional legislative office" means the Office of Legislative Research and
39     General Counsel, the Office of the Legislative Fiscal Analyst, [or] the Office of the Legislative
40     Auditor General, or similar office of the Legislature.
41          [(6)] (2) (a) Except as provided in [Subsection (7)] Subsections (3) and (4), a
42     professional legislative office shall provide [staff support to a legislative committee] each
43     legislative committee's staff support, regardless of whether statute or legislative rule directs
44     another entity to provide the staff support.
45          [(b) If a law or legislative rule does not designate which particular professional
46     legislative office shall provide staff support to a legislative committee, that office shall be the
47     Office of Legislative Research and General Counsel.]
48          (b) Unless a legislative committee's enacting statute or legislative rule names a
49     particular professional legislative office to provide the legislative committee's staff support, the
50     professional legislative offices shall select, based on subject matter expertise, which
51     professional legislative office will staff the legislative committee.
52          (3) (a) Subject to Subsection (3)(b), the provisions of this section control over any
53     conflicting provision of statute or legislative rule.
54          (b) (i) If another provision of statute or legislative rule directs an entity other than a
55     professional legislative office to provide a legislative committee's staff support,
56     notwithstanding Subsection (2), a legislator who is a chair of the legislative committee may
57     elect to have the other entity provide the legislative committee's staff support.
58          (ii) If the legislative committee has more than one chair who is a legislator, the chairs
59     who are legislators shall collectively make the election under Subsection (3)(b)(i).
60          (iii) A chair or chairs who make an election under Subsection (3)(b)(i) may change the
61     chair's or chairs' election no more than once each calendar year.
62          [(7)] (4) This section does not apply to:
63          (a) the Point of the Mountain State Land Authority created in Section 11-59-201;
64          (b) the Utah Broadband Center Advisory Commission created in Section 36-29-109;
65          (c) the Blockchain and Digital Innovation Task Force created in Section 36-29-110;
66          (d) the Criminal Justice Data Management Task Force created in Section 36-29-111;
67          (e) the Constitutional Defense Council created in Section 63C-4a-202;
68          (f) the Women in the Economy Subcommittee created in Section 63N-1b-402;
69          (g) the House Ethics Committee established under Legislative Joint Rule JR6-2-101; or
70          (h) the Senate Ethics Committee established under Legislative Joint Rule JR6-2-101.
71          Section 2. Effective date.
72          This bill takes effect on May 1, 2024.