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8 LONG TITLE
9 General Description:
10 This resolution modifies provisions of Joint Rules.
11 Highlighted Provisions:
12 This resolution:
13 ▸ prohibits a single chamber from suspending a joint rule, subject to specified
14 exceptions;
15 ▸ directs the president and speaker to conduct an annual evaluation of the legislative
16 auditor general, the legislative fiscal analyst, the director of the Office of Legislative
17 Research and General Counsel, and the legislative general counsel;
18 ▸ clarifies the rules governing a motion to reconsider made during a special session;
19 ▸ renames certain joint appropriations subcommittees and adds a new joint
20 appropriations subcommittee;
21 ▸ adds the Senate Rules Committee vice chair and the House Rules Committee vice
22 chair to the list of members who are not counted in determining a quorum for a
23 legislative committee, unless the member is present at the meeting;
24 ▸ addresses the extent to which a sponsor may change the drafting instructions for a
25 request for legislation;
26 ▸ modifies the definition of an authorized legislative committee;
27 ▸ provides which member chairs a legislative committee when both appointed chairs
28 are absent and fail to designate an acting chair;
29 ▸ addresses remote participation in a legislative committee meeting;
30 ▸ modifies the process for tracking legislation that increases legislative workload;
31 ▸ increases and clarifies the threshold for fiscal note bills that are subject to a funding
32 prioritization process and passage deadline;
33 ▸ allows a legislator to lobby on federal issues;
34 ▸ modifies timing and staffing requirements for the Long-term Planning Conference;
35 ▸ modifies the deadline for interim committee chairs to designate committee bill
36 sponsors;
37 ▸ provides that after a legislator's request for legislation becomes a committee bill, the
38 legislator remains the committee bill's sponsor;
39 ▸ updates inconsistent terminology;
40 ▸ incorporates certain language from existing provisions of the Utah Code; and
41 ▸ removes obsolete language.
42 Special Clauses:
43 None
44 Legislative Rules Affected:
45 AMENDS:
46 JR1-2-101
47 JR1-2-102
48 JR1-2-103
49 JR1-2-201
50 JR1-2-202
51 JR1-3-102
52 JR1-4-501
53 JR2-1-101
54 JR2-1-102
55 JR2-2-101
56 JR2-2-201
57 JR2-2-203
58 JR3-1-101
59 JR3-1-102
60 JR3-2-302
61 JR3-2-403
62 JR3-2-404
63 JR3-2-901
64 JR3-2-902
65 JR3-2-903
66 JR3-2-904
67 JR3-3-101
68 JR3-3-103
69 JR4-1-101
70 JR4-1-202
71 JR4-1-301
72 JR4-1-302
73 JR4-2-101
74 JR4-2-103
75 JR4-2-202
76 JR4-2-203
77 JR4-2-502
78 JR4-3-104
79 JR4-3-107
80 JR4-3-109
81 JR4-3-201
82 JR4-3-202
83 JR4-3-203
84 JR4-3-303
85 JR4-4-101
86 JR4-5-101
87 JR4-5-102
88 JR4-5-201
89 JR4-5-202
90 JR5-1-102
91 JR5-5-101
92 JR6-1-102
93 JR6-5-101
94 JR7-1-101
95 JR7-1-104
96 JR7-1-202
97 JR7-1-203
98 JR7-1-302
99 JR7-1-401
100 JR7-1-611
101 ENACTS:
102 JR1-1-104
103 JR1-4-701
104 REPEALS AND REENACTS:
105 JR2-1-103
106
107 Be it resolved by the Legislature of the state of Utah:
108 Section 1. JR1-1-104 is enacted to read:
109 JR1-1-104. Single chamber's authority to suspend Joint Rules.
110 (1) Except as provided in Subsection (2), a single chamber may not suspend a Joint
111 Rule.
112 (2) A single chamber may suspend by motion and majority vote one or more of the
113 following rules:
114 (a) JR2-1-103;
115 (b) JR4-3-103(2);
116 (c) JR4-3-105;
117 (d) JR4-3-302;
118 (e) JR4-4-101(2)(b);
119 (f) JR4-4-201; or
120 (g) JR4-4-202.
121 (3) A motion and vote under Subsection (2) is valid only if the legislator making the
122 motion identifies in the motion each rule the legislator intends to suspend.
123 Section 2. JR1-2-101 is amended to read:
124 JR1-2-101. Convening the Legislature -- Process -- Date.
125 (1) The Legislature shall convene:
126 (a) on the date set by the Utah Constitution for the beginning of the annual general
127 session;
128 (b) on the date set by the governor in the proclamation that calls the Legislature into
129 special session; or
130 (c) on the date set by joint proclamation of the president and the speaker that convenes
131 the Legislature into special session.
132 (2) The Legislature shall convene by:
133 (a) each [
134 (b) having an invocation;
135 (c) reciting the pledge of allegiance;
136 (d) reading the certificates of election and giving the oath of office to legislators, if
137 necessary;
138 (e) calling the roll and declaring whether or not a quorum is present;
139 (f) electing a presiding officer, if necessary;
140 (g) appointing standing committees, if necessary;
141 (h) adopting rules;
142 (i) giving and receiving the notifications required in JR1-2-102 and JR1-2-103; and
143 (j) introducing bills.
144 (3) Nothing in this rule:
145 (a) requires the Senate or House to perform the items in this rule in a particular order;
146 or
147 (b) prohibits the Senate or House from adding or deleting items.
148 (4) The daily order of business set forth in SR1-5-103 and HR1-5-103 governs on all
149 legislative days other than the day on which the Legislature convenes.
150 Section 3. JR1-2-102 is amended to read:
151 JR1-2-102. Notification of organization of each chamber.
152 Immediately after the organization of the Senate and House of Representatives at the
153 beginning of each session of the Legislature, each [
154 composed of three legislators to notify the other [
155 to transact business.
156 Section 4. JR1-2-103 is amended to read:
157 JR1-2-103. Joint committee to notify governor.
158 Upon a motion of the respective [
159 three senators and three representatives shall be appointed to inform the governor personally
160 that both chambers of the Legislature:
161 (1) [
162 (2) [
163 Section 5. JR1-2-201 is amended to read:
164 JR1-2-201. Consent of other chamber required.
165 (1) Except as provided in Subsection (2), each [
166 to day until:
167 (a) the constitutional time limit for an annual general session or special session expires;
168 (b) the Legislature is dissolved because the terms of office of a majority of the
169 members of the legislative body have expired; or
170 (c) the Legislature adjourns sine die.
171 (2) As provided in Utah Constitution, Article VI, Section 15, neither [
172 may adjourn for more than three days unless the other [
173 vote.
174 Section 6. JR1-2-202 is amended to read:
175 JR1-2-202. Adjournment sine die.
176 (1) (a) If the Legislature is meeting until midnight on the last day of any session, the
177 speaker and the president shall, at midnight, announce the time to the members of their
178 respective [
179 (b) Each [
180 (2) [
181 (a) a committee from each [
182 that they have completed their work;
183 (b) a joint committee has notified the governor that the Legislature has completed its
184 work; and
185 (c) the governor has informed the joint committee that [
186 further to present to the Legislature.
187 Section 7. JR1-3-102 is amended to read:
188 JR1-3-102. Senate and House Journals.
189 (1) Each [
190 (a) keep a journal of [
191 (b) publish the journal daily;
192 (c) ensure that [
193 numbered in consecutive order;
194 (d) ensure that the vote on final passage of each bill is by yeas and nays and is entered
195 upon the journal;
196 (e) ensure that the vote on any other question is by yeas and nays and is entered upon
197 the journal at the request of five members of that [
198 (f) base the journal upon the record of the proceedings taken by the reading or docket
199 clerk and the electronic recording of those proceedings.
200 (2) The secretary of the Senate and the chief clerk of the House of Representatives
201 shall provide a final certification of the journal for their respective [
202 Section 8. JR1-4-501 is amended to read:
203 JR1-4-501. Legislative recommendations to temporarily fill a vacancy in office of
204 United States senator.
205 (1) If a vacancy occurs in the office of United States senator, the Legislature shall, in
206 accordance with this rule and Utah Code Subsection 20A-1-502(4), nominate three individuals,
207 one of whom the governor will appoint to temporarily fill the vacancy.
208 (2) The Legislative Management Committee shall:
209 (a) adopt a joint resolution proposing three or more names to the Legislature to
210 consider for nomination;
211 (b) determine which [
212 resolution; and
213 (c) assign a floor sponsor for the resolution in each [
214 (3) The Legislature shall, by majority vote of each [
215 resolution, containing the names of only three individuals, to the governor as the Legislature's
216 nominees.
217 Section 9. JR1-4-701 is enacted to read:
218
219 JR1-4-701. Annual performance evaluation of professional staff directors and
220 general counsel.
221 Before July 1 each year the president and speaker shall:
222 (1) in consultation with the Senate minority leader and the House minority leader,
223 conduct a performance evaluation of the legislative auditor general, the legislative fiscal
224 analyst, the director of the Office of Legislative Research and General Counsel, and the
225 legislative general counsel; and
226 (2) set compensation for the legislative auditor general, the legislative fiscal analyst,
227 the director of the Office of Legislative Research and General Counsel, and the legislative
228 general counsel for the upcoming fiscal year.
229 Section 10. JR2-1-101 is amended to read:
230 JR2-1-101. Annual general session rules apply.
231 Except as otherwise provided in this chapter, rules adopted or amended by each [
232 chamber of the Legislature during the immediately preceding annual general session, and any
233 intervening session, apply to the conduct of that [
234 Section 11. JR2-1-102 is amended to read:
235 JR2-1-102. Introduction of bills.
236 Legislation authorized by the governor's special session proclamation or by joint
237 proclamation of the president and the speaker may be introduced in either [
238 any time during a special session of the Legislature.
239 Section 12. JR2-1-103 is repealed and reenacted to read:
240 JR2-1-103. Motion to reconsider.
241 (1) Except as provided in Subsection (2), during a special session, a senator may make
242 a motion to reconsider in accordance with Senate Rules governing floor procedures and a
243 representative may make a motion to reconsider in accordance with House Rules governing
244 floor procedures.
245 (2) The following provisions do not apply to a motion to reconsider made during a
246 special session:
247 (a) SR4-9-101(2)(c) and (3); and
248 (b) HR4-9-101(2)(d) and (3).
249 Section 13. JR2-2-101 is amended to read:
250 JR2-2-101. Veto override process.
251 (1) A bill passed by the Legislature and vetoed by the governor shall be reconsidered
252 first in the [
253 (2) (a) When a vetoed bill is returned to the House or Senate by the governor, it shall
254 be placed on the third reading calendar.
255 (b) The Legislature may not amend or otherwise modify a vetoed bill or item of
256 appropriation.
257 (3) If a constitutional two-thirds of the members elected to the first [
258 vote to pass the bill, it shall be sent to the other [
259 objections.
260 (4) If a constitutional two-thirds of the members elected to the other [
261 approve the bill, the bill becomes law.
262 Section 14. JR2-2-201 is amended to read:
263 JR2-2-201. Poll to convene and calling a veto override session.
264 (1) (a) If the Legislature is prevented by adjournment sine die from reconsidering any
265 vetoed bill or item of appropriation vetoed by the governor, the president of the Senate and the
266 speaker of the House shall poll their respective members by mail or other means to determine if
267 the Legislature shall convene to reconsider vetoed legislation.
268 (b) Each member shall respond to the poll in writing, by telephone, or other available
269 means.
270 (2) (a) The president and speaker shall notify the governor about the results of the poll.
271 (b) The sponsor of a bill being considered for the veto override shall be provided, upon
272 request, the itemized list of how each legislator responded to the poll.
273 (3) (a) If two-thirds of the members of each [
274 a veto override session, the Legislature shall convene in a veto override session not to exceed
275 five calendar days, at a time agreed upon by the president and speaker.
276 (b) A veto override session, if called, shall be convened prior to 60 days after the
277 adjournment of the session at which the bill or appropriation item under consideration was
278 passed.
279 (4) (a) The presiding officers shall issue the call of the veto override session of the
280 Legislature to their members.
281 (b) The call shall contain a list of each bill and appropriation item vetoed by the
282 governor and the date and time for convening the veto override session.
283 (5) The Legislature shall consider the vetoed bills and appropriation items according to
284 the process outlined in JR2-2-101.
285 Section 15. JR2-2-203 is amended to read:
286 JR2-2-203. Rules governing.
287 Except as otherwise provided in this chapter, the rules adopted by each [
288 chamber of the Legislature during the immediately preceding annual general session apply to
289 the conduct of that [
290 Section 16. JR3-1-101 is amended to read:
291 JR3-1-101. Process for calling and conducting -- Scope.
292 (1) (a) The president of the Senate and the speaker of the House may, by mutual
293 consent, call joint conventions of the two [
294 purpose for which the joint convention is called.
295 (b) Joint conventions shall be held in the chambers of the House of Representatives,
296 with the president of the Senate presiding.
297 (2) At the time fixed for the joint convention:
298 (a) the House of Representatives shall prepare to receive the Senate; and
299 (b) the Senate shall proceed to the chamber of the House of Representatives.
300 (3) The secretary of the Senate and the chief clerk of the House of Representatives
301 shall:
302 (a) act as secretaries of the joint convention; and
303 (b) enter the proceedings of the convention in the journal of at least one [
304 chamber.
305 (4) At a joint convention, members of either [
306 transaction of any business other than that for which they were assembled.
307 Section 17. JR3-1-102 is amended to read:
308 JR3-1-102. Rules governing joint conventions.
309 (1) The House Rules govern the proceedings in joint convention except those House
310 Rules that are clearly not applicable.
311 (2) (a) Absent House members may be compelled to attend joint conventions under
312 House Rules.
313 (b) Absent Senate members may be compelled to attend joint conventions under Senate
314 Rules.
315 (c) The sergeant-at-arms of each [
316 compel the attendance of absent members if called upon.
317 (3) Joint conventions may adjourn from time to time as necessary.
318 Section 18. JR3-2-302 is amended to read:
319 JR3-2-302. Joint appropriations subcommittees -- Creation -- Membership.
320 The members of the Joint Appropriations Committee shall be divided into the following
321 joint appropriations subcommittees:
322 (1) [
323 (2) [
324 Development;
325 (3) Executive Offices and Criminal Justice;
326 (4) Social Services;
327 (5) Higher Education;
328 (6) Natural Resources, Agriculture, and Environmental Quality; [
329 (7) Public Education; and
330 (8) General Government.
331 Section 19. JR3-2-403 is amended to read:
332 JR3-2-403. Quorum requirements.
333 A quorum of a joint appropriations subcommittee and the Executive Appropriations
334 Committee is at least 50% in one [
335 the requirements in JR3-2-404.
336 Section 20. JR3-2-404 is amended to read:
337 JR3-2-404. Voting requirements.
338 (1) A majority vote of a joint appropriations subcommittee and the Executive
339 Appropriations Committee is at least 50% of those in attendance in one [
340 more than 50% of those in attendance in the other.
341 (2) For an appropriation subcommittee, and excluding the Executive Appropriations
342 Committee, in determining whether a quorum is present, a legislator who is the president, the
343 speaker, a majority leader, a majority whip, an assistant majority whip, the Senate Rules
344 Committee chair, the Senate Rules Committee vice chair, the House Rules Committee chair,
345 the House Rules Committee vice chair, an Executive Appropriations Committee chair, an
346 Executive Appropriations Committee vice chair, a minority leader, a minority whip, an
347 assistant minority whip, or the fourth member of leadership from a minority party, is not
348 counted in determining a quorum for the committee, except during the time that the legislator is
349 present at the meeting.
350 Section 21. JR3-2-901 is amended to read:
351 JR3-2-901. Appointment and chairs -- Notice.
352 (1) (a) If the Senate refuses to concur in the House amendments to [
353 Senate legislation, the secretary of the Senate shall notify the House of the refusal and ask the
354 House to recede from its amendments.
355 (b) Either [
356 between the two [
357 (c) (i) If the House refuses to recede, the speaker shall appoint a conference committee
358 of three.
359 (ii) After making the appointment, the speaker shall:
360 (A) publicly announce the House members of the conference committee and the time
361 and place that the conference committee will meet;
362 (B) ensure that no more than two of the appointees are members of the majority party;
363 and
364 (C) direct House staff to provide electronic notice that identifies the House members of
365 the conference committee and the time and place of the conference committee meeting.
366 (d) If the speaker does not immediately appoint a conference committee, the president
367 may appoint a conference committee as provided in Subsection (2)(c).
368 (e) After the Senate refuses to concur in the House amendments to [
369 Senate legislation, the House may not amend or substitute the [
370 (i) the sole effect of the amendment or substitute is to recede from one or more House
371 amendments to the [
372 (ii) the amendment or substitute is part of a conference committee report.
373 (2) (a) If the House refuses to concur in the Senate amendments to [
374 House legislation, the chief clerk of the House shall notify the Senate of the refusal and ask the
375 Senate to recede from its amendments.
376 (b) Either [
377 between the two [
378 (c) (i) If the Senate refuses to recede, the president shall appoint a conference
379 committee of three.
380 (ii) After making the appointment, the president shall:
381 (A) publicly announce the Senate members of the conference committee and the time
382 and place that the conference committee will meet;
383 (B) ensure that no more than two of the appointees are members of the majority party;
384 and
385 (C) direct Senate staff to provide electronic notice that identifies the Senate members
386 of the conference committee and the time and place of the conference committee meeting.
387 (d) If the president does not immediately appoint a conference committee, the speaker
388 may appoint a conference committee as provided in Subsection (1)(c).
389 (e) After the House refuses to concur in the Senate amendments to [
390 House legislation, the Senate may not amend or substitute the [
391 (i) the sole effect of the amendment or substitute is to recede from one or more Senate
392 amendments to the [
393 (ii) the amendment or substitute is part of a conference committee report.
394 (3) (a) Whenever the president or speaker appoints a conference committee, the
395 secretary of the Senate or chief clerk of the House shall:
396 (i) immediately notify the other [
397 (ii) request the appointment of conference committee members from that other [
398 chamber.
399 (b) After receiving the notice and request, the presiding officer of the other [
400 chamber shall:
401 (i) appoint a conference committee of three;
402 (ii) publicly announce the members of the conference committee from that [
403 chamber and the time and place that the conference committee will meet; and
404 (iii) direct staff to provide electronic notice that identifies the members of the
405 conference committee and the time and place of the conference committee meeting.
406 (4) (a) The first senator named on the conference committee is the Senate chair of the
407 committee, and the first representative named on the conference committee is the House chair.
408 (b) The conference committee chairs shall direct the preparation of the conference
409 committee report.
410 Section 22. JR3-2-902 is amended to read:
411 JR3-2-902. Conference committee procedures.
412 (1) The chair from the [
413 meetings of the conference committee.
414 (2) Staff from the Office of Legislative Research and General Counsel may attend the
415 conference committee meeting to assist in the preparation of the committee report.
416 (3) (a) Subject to Subsection (3)(b), conference committee meetings are open to the
417 public.
418 (b) Public comment may not be received or made during a conference committee
419 meeting unless a majority of committee members from one [
420 from the other [
421 (4) (a) A majority of committee members from each [
422 conference committee report in order for it to be presented to the Legislature.
423 (b) (i) If the conference committee cannot reach an agreement, the committee shall
424 report the failure to agree to both [
425 (ii) Upon notice that a conference committee has failed to agree:
426 (A) the presiding officer of each [
427 following the requirements of JR3-2-901 or reappoint the former committee and announce the
428 time and place of the committee's meeting; or
429 (B) either [
430 (iii) If a [
431 be returned to the originating [
432 Section 23. JR3-2-903 is amended to read:
433 JR3-2-903. Conference committee report -- Contents -- Disposition.
434 (1) The conference committee's report shall:
435 (a) be in writing; and
436 (b) list the vote of each member of the conference committee by name.
437 (2) (a) Subject to Subsection (2)(b), the committee may report any modifications or
438 amendments to the [
439 (b) A conference committee may not consider or report on any matter except those at
440 issue between the two [
441 (3) (a) If the [
442
443 committee report first to the Senate.
444 (b) If the [
445
446 committee report first to the House.
447 (4) Before a [
448 report, the report shall be read.
449 (5) (a) If a [
450 the [
451 consideration.
452 (b) If the [
453 committee report, after the [
454 shall transmit the [
455 chamber along with a letter explaining the [
456 (6) (a) If a motion to adopt a conference committee report fails, either [
457 may request that the other [
458 (i) appoint a new committee by following the requirements of JR3-2-901; or
459 (ii) reappoint the former committee and announce the time and place of the
460 committee's meeting.
461 (b) If a [
462 shall be returned to the originating [
463 Section 24. JR3-2-904 is amended to read:
464 JR3-2-904. Failure to meet.
465 If the members of the conference committee do not meet in a timely manner after being
466 appointed, the presiding officers of both [
467 committee and disband the original conference committee.
468 Section 25. JR3-3-101 is amended to read:
469 JR3-3-101. Long-Term Planning Conference.
470 (1) The president of the Senate and the speaker of the House of Representatives shall,
471 by mutual consent, call a joint Long-Term Planning Conference of members of the two houses.
472 (2) The conference will be held [
473 jointly by the president of the Senate and the speaker of the House of Representatives.
474 (3) The conference may last one or two days and may include meetings, workshops,
475 and other sessions and activities designed to accomplish the purpose of the conference as
476 described in Section JR3-3-102.
477 Section 26. JR3-3-103 is amended to read:
478 JR3-3-103. Conference agenda -- Staffing.
479 (1) The president of the Senate and the speaker of the House of Representatives shall
480 jointly establish the agenda for the conference.
481 [
482
483
484
485 [
486 including representatives of education, government, business, and the private sector.
487 Section 27. JR4-1-101 is amended to read:
488 JR4-1-101. Definitions.
489 As used in this title:
490 (1) "Bill" means legislation introduced for consideration by the Legislature that does
491 any, some, or all of the following to Utah statutes:
492 (a) amends;
493 (b) enacts;
494 (c) repeals;
495 (d) repeals and reenacts; or
496 (e) renumbers and amends.
497 (2) "Boldface" means the brief descriptive summary of the contents of a statutory
498 section prepared by the Office of Legislative Research and General Counsel that is printed for
499 each title, chapter, part, and section of the Utah Code.
500 (3) "Concurrent resolution" means a written proposal of the Legislature and governor,
501 which, to be approved, must be passed by both [
502 concurred to by the governor.
503 (4) "Constitutional joint resolution" means a joint resolution proposing to amend,
504 enact, or repeal portions of the Utah Constitution which, to be approved for submission to the
505 voters, must be passed by a two-thirds vote of both [
506 (5) "Drafting instructions" means:
507 (a) specific information concerning the change or addition to law or policy that a
508 legislator intends to propose through legislation; or
509 (b) a specific situation or concern that a legislator intends to address through
510 legislation.
511 [
512 which, to be approved, must be passed by the House of Representatives.
513 [
514 approved, must be passed by both [
515 constitutional joint resolution.
516 [
517 [
518 consideration by the Legislature.
519 [
520 legislator or [
521 Legislative Research and General Counsel prepare a bill or resolution [
522
523 [
524
525 resolution, concurrent resolution, House resolution, and Senate resolution.
526 [
527 approved, must be passed by the Senate.
528 [
529 enactment.
530 [
531 identified by a title, chapter, and section number.
532 Section 28. JR4-1-202 is amended to read:
533 JR4-1-202. Specific bill format requirements.
534 (1) Each bill shall contain:
535 (a) a designation containing the information required by Subsection (2);
536 (b) a short title, which provides a short common description of the bill;
537 (c) the year and type of legislative session in which the bill is to be introduced;
538 (d) the phrase "State of Utah";
539 (e) the sponsor's name, after the heading "Chief Sponsor:";
540 (f) if the bill is a House bill that has passed third reading in the House, the Senate
541 sponsor's name after the heading "Senate Sponsor:";
542 (g) if the bill is a Senate bill that has passed third reading in the Senate, the House
543 sponsor's name after the heading "House Sponsor:";
544 (h) a long title, which includes:
545 (i) a brief general description of the subject matter in the bill;
546 (ii) a list of each section of the Utah Code affected by the bill, which cites by statute
547 number those statutes that the bill proposes be amended, enacted, repealed and reenacted,
548 renumbered and amended, and repealed; and
549 (iii) for bills that contain an appropriation, the sum proposed to be appropriated by the
550 bill unless the bill is an appropriation bill or supplemental appropriation bill whose single
551 subject is the appropriation of money;
552 (i) an enacting clause in the following form: "Be it enacted by the Legislature of the
553 state of Utah:"; and
554 (j) the subject matter, given in one or more sections.
555 (2) The designation shall be a heading that identifies the bill by its [
556 introduction and by unique number assigned to it by the Office of Legislative Research and
557 General Counsel and shall be in the following form: "S.B." or "H.B." followed by the number
558 assigned to the bill.
559 Section 29. JR4-1-301 is amended to read:
560 JR4-1-301. General resolution format requirements.
561 (1) Each resolution shall be typewritten or printed on paper 8-1/2 by 11 inches.
562 (2) Each resolution shall contain:
563 (a) a designation containing the information required by Subsection (3);
564 (b) a short title;
565 (c) the year and type of legislative session in which the resolution is to be introduced;
566 (d) the phrase "State of Utah";
567 (e) the sponsor's name, after the heading "Chief Sponsor:";
568 (f) the Senate sponsor's name after the heading "Senate Sponsor:"if the resolution:
569 (i) is a concurrent resolution or a joint resolution;
570 (ii) originated in the House of Representatives; and
571 (iii) has passed third reading in the House of Representatives;
572 (g) the House sponsor's name after the heading "House Sponsor:"if the resolution:
573 (i) is a concurrent resolution or a joint resolution;
574 (ii) originated in the Senate; and
575 (iii) has passed third reading in the Senate;
576 (h) a long title, which shall include a list of constitutional sections, legislative rules, or
577 the Utah Supreme Court's Rules of Procedure or Rules of Evidence affected, if applicable;
578 (i) a resolving clause containing the information required by Subsection (4);
579 (j) for joint resolutions, concurrent resolutions, Senate resolutions, and House
580 resolutions:
581 (i) one or more paragraphs that begin with the word "Whereas" that function as the
582 preamble; and
583 (ii) one or more paragraphs that begin with the words "Be it Resolved" that identify the
584 statement of purpose or policy; and
585 (k) special clauses including, if necessary, an effective date.
586 (3) The designation shall be a heading that identifies the resolution by the resolution's
587 [
588 of Legislative Research and General Counsel and shall be in the following form:
589 (a) for a joint resolution, unless the resolution converted to a joint resolution in
590 accordance with JR4-5-104: "S.J.R." or "H.J.R." followed by the number assigned to the joint
591 resolution;
592 (b) for a concurrent resolution, regardless of whether the concurrent resolution converts
593 to a joint resolution in accordance with JR4-5-104: "S.C.R." or "H.C.R." followed by the
594 number assigned to the concurrent resolution;
595 (c) for a Senate resolution: "S.R." followed by the number assigned to the Senate
596 resolution; or
597 (d) for a House resolution: "H.R." followed by the number assigned to the House
598 resolution.
599 (4) Each resolution shall contain a resolving clause in one of the following forms:
600 (a) in a constitutional joint resolution, or in a joint resolution proposing to amend the
601 Utah Supreme Court's Rules of Procedure or Rules of Evidence: "Be it resolved by the
602 Legislature of the state of Utah, with at least two-thirds of all members elected to each of the
603 two houses concurring:";
604 (b) in a joint resolution: "Be it resolved by the Legislature of the state of Utah:";
605 (c) in a concurrent resolution: "Be it resolved by the Legislature of the state of Utah,
606 with the Governor concurring:";
607 (d) in a Senate resolution: "Be it resolved by the Senate of the state of Utah:"; or
608 (e) in a House resolution: "Be it resolved by the House of Representatives of the state
609 of Utah:".
610 Section 30. JR4-1-302 is amended to read:
611 JR4-1-302. Effective date of resolutions.
612 (1) Unless otherwise directed by the Legislature and subject to Subsections (2) and (3),
613 a resolution becomes effective on:
614 (a) the day that the resolution receives final approval from:
615 (i) the House of Representatives or the Senate, if the resolution is a single [
616 chamber resolution;
617 (ii) both the House of Representatives and the Senate, if the resolution is a joint
618 resolution;
619 (iii) the House of Representatives, the Senate, and the governor, if the resolution is a
620 concurrent resolution; or
621 (iv) the House of Representatives, the Senate, and the voters at the next general
622 election, if the resolution is a constitutional joint resolution; or
623 (b) the day after the day on which the time period described in JR4-5-104 expires, if
624 the resolution is a concurrent resolution that converts to a joint resolution in accordance with
625 JR4-5-104.
626 (2) (a) The effective date of a resolution may not be a date later than December 31 of
627 the calendar year immediately following the calendar year of the session at which the resolution
628 is passed.
629 (b) A resolution with a contingent effective date is not subject to Subsection (2)(a).
630 (3) (a) If the effective date of a resolution is contingent, before the resolution may be
631 introduced:
632 (i) the resolution sponsor shall inform the legislative general counsel of the contingent
633 effective date; and
634 (ii) the legislative general counsel shall, on behalf of the resolution sponsor, request
635 approval of the contingent effective date from the president and speaker.
636 (b) A resolution that has a contingent effective date that is not approved by the
637 president and the speaker may not be introduced.
638 (c) Subsections (3)(a) and (b) do not apply to a resolution to amend the Utah
639 Constitution that is contingent on approval by the voters.
640 (4) A rules committee, a standing committee, the Senate, or the House of
641 Representatives may not suspend the provisions of Subsection (2) or (3).
642 Section 31. JR4-2-101 is amended to read:
643 JR4-2-101. Requests for legislation -- Contents -- Timing.
644 (1) (a) A legislator wishing to introduce a bill or resolution shall file a request for
645 legislation with the Office of Legislative Research and General Counsel within the time limits
646 established by this rule.
647 (b) The request for legislation shall:
648 (i) designate the chief sponsor, who is knowledgeable about and responsible for
649 providing pertinent information as the legislation is drafted; and
650 [
651
652 [
653
654 [
655
656 (ii) include drafting instructions for the legislation.
657 (c) (i) (A) The chief sponsor may modify the drafting instructions provided in
658 accordance with Subsection (1)(b)(ii) only if the modified drafting instructions do not deviate
659 from the core subject matter of the original drafting instructions.
660 (B) The Office of Legislative Research and General Counsel shall apply the standard
661 described in Subsection (1)(c)(i)(A) in a manner that favors the chief sponsor.
662 (ii) If the chief sponsor wishes to modify the drafting instructions in a manner
663 prohibited under Subsection (1)(c)(i), the chief sponsor shall file a new, separate request for
664 legislation in accordance with this rule.
665 (2) (a) Any legislator may file a request for legislation beginning 60 days after the
666 Legislature adjourns its annual general session sine die.
667 (b) A legislator-elect may file a request for legislation beginning on:
668 (i) the day after the date the election canvass is completed; or
669 (ii) if the legislator-elect's election results have not been finalized as of the canvass
670 date, the day after the date the election results for the legislator-elect's race are finalized.
671 (c) (i) An incumbent legislator may not file any requests for legislation as of the date
672 that the legislator:
673 (A) fails to file to run for election to a seat in the Legislature;
674 (B) is ineligible to be included on the ballot for the election in which the legislator
675 would have sought an additional term; or
676 (C) fails to win reelection and the legislator's opponent is eligible to file a request for
677 legislation under Subsection (2)(b).
678 (ii) Subsection (2)(c)(i) does not apply to a request for legislation for:
679 (A) a general session that occurs while the legislator is in office; or
680 (B) a special session that occurs while the legislator is in office.
681 (d) (i) If, for any reason, a legislator who filed a request for legislation is unavailable to
682 serve in the next annual general session, the former legislator may seek another legislator to
683 assume sponsorship of each request for legislation filed by the legislator who is unavailable to
684 serve.
685 (ii) If the former legislator is unable to find another legislator to sponsor the legislation
686 within 30 days, the Office of Legislative Research and General Counsel shall abandon each
687 [
688 (e) (i) If a legislator dies while in office and is the chief sponsor of one or more
689 requests for legislation or pieces of legislation, the individual appointed to the legislator's seat
690 may assume sponsorship of each request for legislation or piece of legislation.
691 (ii) If the individual appointed to the legislator's seat chooses not to assume
692 sponsorship of one or more of the legislator's requests for legislation or pieces of legislation,
693 the following individual shall seek another legislator to assume sponsorship of each request for
694 legislation or piece of legislation:
695 (A) if the legislator was a member of the House majority caucus, the House majority
696 leader;
697 (B) if the legislator was a member of the House minority caucus, the House minority
698 leader;
699 (C) if the legislator was a member of the Senate majority caucus, the Senate majority
700 leader; or
701 (D) if the legislator was a member of the Senate minority caucus, the Senate minority
702 leader.
703 (iii) If the individual described in Subsection (2)(e)(ii) does not find a new sponsor for
704 a request for legislation, the Office of Legislative Research and General Counsel shall abandon
705 the request for legislation.
706 (3) (a) Except as provided in Subsection (3)(c), a legislator may not file a request for
707 legislation with the Office of Legislative Research and General Counsel after noon on the 11th
708 day of the annual general session.
709 (b) On the 11th day of the annual general session, the Office of Legislative Research
710 and General Counsel shall make public on the Legislature's website the short title and sponsor
711 of each request for legislation, unless the sponsor abandons the request for legislation before
712 noon on the 11th day of the annual general session.
713 (c) (i) After the 11th day of the annual general session, a legislator may file a request
714 for legislation only if:
715 (A) for House legislation, the representative makes a motion to request legislation for
716 drafting and introduction and that motion is approved by a constitutional majority of the
717 House; or
718 (B) for Senate legislation, the senator makes a motion to request legislation for drafting
719 and introduction and that motion is approved by a constitutional majority vote of the Senate.
720 (ii) The Office of Legislative Research and General Counsel shall make public on the
721 Legislature's website the short title and sponsor of each request for legislation described in this
722 Subsection (3)(c).
723 (4) After a request for legislation is abandoned, a legislator may not revive the request
724 for legislation.
725 (5) A legislator wishing to obtain funding for a project, program, or entity, when that
726 funding request does not require that a statute be enacted, repealed, or amended, may not file a
727 [
728 by following the procedures and requirements of JR3-2-701.
729 Section 32. JR4-2-103 is amended to read:
730 JR4-2-103. Legislation -- Sponsorship requirements.
731 (1) (a) The legislator who approves the legislation for numbering is the chief sponsor.
732 (b) The chief sponsor may withdraw sponsorship of the legislation by following the
733 procedures and requirements of Senate Rules or House Rules.
734 (2) (a) Before or after the [
735 [
736 legislation as co-sponsors by following the procedures and requirements of Senate Rules or
737 House Rules.
738 (b) Except as provided in Subsection (3), only legislators who are members of the same
739 [
740 (3) Before the secretary of the Senate or the chief clerk of the House may transfer
741 legislation to the opposite [
742 (a) designate a member of the opposite [
743 for that [
744 (b) provide the secretary or chief clerk with the name of that sponsor for designation on
745 the legislation.
746 Section 33. JR4-2-202 is amended to read:
747 JR4-2-202. Substitute bills or resolutions.
748 (1) (a) By following the procedures and requirements of Senate or House rule, a
749 legislator may propose a committee substitute to any Senate or House legislation that is under
750 consideration by a committee of which the legislator is a member.
751 (b) By following the procedures and requirements of Senate or House rule, a legislator
752 may propose a floor substitute to any Senate or House legislation that is under consideration by
753 the [
754 (2) To initiate drafting of a substitute, a legislator shall give [
755 the attorney who drafted the legislation.
756 (3) After the substitute sponsor has approved the substitute, the Office of Legislative
757 Research and General Counsel shall:
758 (a) electronically set the line numbers of the substitute;
759 (b) assign a version number to the substitute; and
760 (c) distribute the substitute according to the substitute sponsor's instructions.
761 (4) (a) Subject to the other provisions of this rule, after the original version of the
762 legislation is introduced, a rules committee, standing committee, or the Senate or House of
763 Representatives may adopt the original version of the legislation or any substitute version of
764 the legislation, regardless of the version number.
765 (b) (i) If the version of the legislation being adopted was previously adopted, but
766 replaced with a different version, the version of the legislation being adopted shall be adopted
767 as it was previously introduced, without any amendments that may have been added to the
768 introduced version.
769 (ii) An amendment described in Subsection (4)(b)(i), or any other amendment
770 otherwise in order, may be proposed by a motion separate from the motion to adopt that
771 substitute or original version of the legislation.
772 (c) A rules committee, a standing committee, the Senate, and the House of
773 Representatives are prohibited from suspending the provisions of this Subsection (4).
774 Section 34. JR4-2-203 is amended to read:
775 JR4-2-203. Replacement bills or resolutions.
776 (1) If the legislative general counsel determines that a numbered bill or resolution
777 contains a technical error, the Office of Legislative Research and General Counsel may prepare
778 and submit a replacement bill or resolution that corrects the error.
779 (2) A sponsor may not file, and legislative staff may not create, replacement legislation
780 if:
781 (a) the original legislation has been approved by the sponsor;
782 (b) the legislation has been numbered; and
783 (c) copies of the legislation have been distributed.
784 (3) Nothing in this rule prohibits a sponsor from preparing amendments to the original
785 legislation or one or more substitutes of the original legislation and proposing their adoption by
786 a committee or by either [
787 Section 35. JR4-2-502 is amended to read:
788 JR4-2-502. Reservation of bill numbers.
789 (1) In each annual general legislative session, House Bills 1 through the number of bill
790 numbers specified under Subsection (2)(a) and Senate Bills 1 through the number of bill
791 numbers specified under Subsection (2)(a) are reserved for other appropriations and funding
792 bills.
793 (2) (a) By November 1, the Office of the Legislative Fiscal Analyst shall notify the
794 Office of Legislative Research and General Counsel of the number of bill numbers to reserve in
795 each [
796 (b) The notice under Subsection (2)(a) shall include the short title and the chief sponsor
797 of each bill number reserved.
798 (3) To the extent practicable, each bill reserved under this rule shall alternate the
799 sponsoring chamber between the House and Senate each year.
800 Section 36. JR4-3-104 is amended to read:
801 JR4-3-104. Floor action.
802 According to the procedures and requirements of Senate Rules and House Rules, each
803 [
804 otherwise in its possession.
805 Section 37. JR4-3-107 is amended to read:
806 JR4-3-107. Legislation transmitted to other chamber.
807 (1) The secretary of the Senate or chief clerk of the House shall:
808 (a) transmit notice of passage on third reading to the other [
809 (b) comply with the requirements of Subsection (2) if necessary; and
810 (c) if sent to the other [
811 (2) The secretary of the Senate or chief clerk of the House shall, before transmitting a
812 piece of legislation to the other [
813 amendments or was substituted, the amendments or substitute are:
814 (a) retyped or reprinted in the typeface and on the color paper designated for each
815 [
816 (b) transmitted with the legislation.
817 Section 38. JR4-3-109 is amended to read:
818 JR4-3-109. Striking the enacting clause.
819 (1) (a) (i) Either [
820 legislation by following the procedures and requirements of Subsection (1)(a)(ii).
821 (ii) To strike an enacting clause, a legislator shall make a motion on the floor to strike
822 the enacting clause and a majority of the members of that [
823 motion.
824 (b) If the enacting clause of a piece of legislation is struck:
825 (i) the action conclusively defeats the legislation; and
826 (ii) a motion to reconsider the action is out of order.
827 (2) The enacting clause of each piece of legislation that has not passed the Legislature
828 before adjournment sine die of an annual general session or a special session is automatically
829 stricken.
830 Section 39. JR4-3-201 is amended to read:
831
832
833 JR4-3-201. Transmittal letters.
834 The secretary of the Senate or the chief clerk of the House shall:
835 (1) attach a transmittal letter signed by the secretary or clerk to each piece of legislation
836 to be transmitted to the opposite [
837 (2) ensure that the piece of legislation, with its transmittal letter, is sent to the opposite
838 [
839 Section 40. JR4-3-202 is amended to read:
840 JR4-3-202. Memorializing formal receipt of legislation from other chamber.
841 (1) (a) Upon receipt of a transmittal letter from the Senate, the chief clerk of the House
842 or the chief clerk's designee shall sign a receipt recording the House's receipt of the legislation.
843 (b) Once the [
844 receipt, the legislation is in the possession of the House.
845 (2) (a) Upon receipt of a transmittal letter from the House, the secretary of the Senate
846 or the secretary's designee shall sign a receipt recording the Senate's receipt of the legislation.
847 (b) Once the [
848 the legislation is in the possession of the Senate.
849 Section 41. JR4-3-203 is amended to read:
850 JR4-3-203. Possession of a bill -- Process for obtaining the return of legislation
851 sent to the other chamber.
852 (1) A piece of legislation is in the possession of the [
853 been receipted.
854 (2) A piece of legislation in the possession of one [
855 the other [
856 (a) the [
857 from the opposite [
858 (b) a majority of the [
859 return the legislation to the opposite [
860 Section 42. JR4-3-303 is amended to read:
861 JR4-3-303. Reporting legislation that increases legislative workload.
862 (1) The Office of Legislative Research and General Counsel shall:
863 (a) identify legislation that increases legislative workload before the legislation passes
864 both [
865 (b) each week during the annual general session, report legislation that increases
866 legislative workload to [
867
868 (2) In making the report required by Subsection (1)(b), the Office of Legislative
869 Research and General Counsel may provide information and make recommendations about:
870 (a) the funding required by the legislation;
871 (b) the staffing resources required to implement the legislation;
872 (c) the time legislators and legislative staff will be required to commit as a result of the
873 legislation;
874 (d) if the legislation creates or reauthorizes a board, commission, task force, or other
875 public body, whether the responsibilities of that board, commission, task force, or other public
876 body could reasonably be accomplished through an existing entity or without legislation; and
877 (e) whether the legislation sunsets or repeals the board, commission, task force, or
878 other public body created by the legislation.
879 (3) On or before the 31st day of the annual general session, the Office of Legislative
880 Research and General Counsel shall report legislation that increases legislative workload to the
881 president of the Senate, speaker of the House of Representatives, and minority leaders.
882 Section 43. JR4-4-101 is amended to read:
883 JR4-4-101. Deadline for passing certain fiscal note bills.
884 (1) As used in this section, "fiscal note bill" means legislation with a fiscal note that
885 indicates a cost of $20,000 or more to:
886 (a) the General Fund, Income Tax Fund, or Uniform School Fund; or
887 (b) any other fund or account that affects a fund described in Subsection (1)(a).
888 (2) (a) The House shall refer any Senate [
889 fiscal note bill to the House Rules Committee before giving that fiscal note bill a third reading.
890 (b) The Senate shall table on third reading each House [
891
892 [
893 legislator shall prioritize fiscal note bills and identify other projects or programs for new or
894 one-time funding according to the process established by leadership.
895 (b) Before adjourning on the 44th day of the annual general session, the Legislature
896 shall either pass or defeat each [
897 except constitutional amendment resolutions.
898 Section 44. JR4-5-101 is amended to read:
899 JR4-5-101. Certification and signature.
900 (1) (a) When a piece of Senate legislation has passed both [
901 secretary of the Senate shall certify its final passage by identifying:
902 (i) the date that the legislation passed the Senate;
903 (ii) the number of senators voting for and against the legislation;
904 (iii) the number of senators absent for the vote;
905 (iv) the date that the legislation passed the House;
906 (v) the number of representatives voting for and against the legislation; and
907 (vi) the number of representatives absent for the vote.
908 (b) When a piece of House legislation has passed both [
909 clerk of the House shall certify its final passage by identifying:
910 (i) the date that the legislation passed the House;
911 (ii) the number of representatives voting for and against the legislation;
912 (iii) the number of representatives absent for the vote;
913 (iv) the date that the legislation passed the Senate;
914 (v) the number of senators voting for and against the legislation; and
915 (vi) the number of senators absent for the vote.
916 (2) (a) Except as provided in Subsection (2)(b), within one legislative day of final
917 passage, each piece of legislation shall be signed:
918 (i) first by the presiding officer of the [
919 and
920 (ii) second by the presiding officer of the other [
921 (b) Within five days following the adjournment sine die of a legislative session, each
922 piece of legislation passed on the final day of that legislative session shall be signed:
923 (i) first by the presiding officer of the [
924 and
925 (ii) second by the presiding officer of the other [
926 (c) Unless the session has adjourned sine die, the secretary of the Senate or chief clerk
927 of the House shall note in the journal that the legislation was signed by the presiding officer.
928 Section 45. JR4-5-102 is amended to read:
929 JR4-5-102. Enrollment and transmittal of legislation to the governor.
930 (1) (a) After a piece of legislation that has passed both [
931 signed by the presiding officers, the secretary or chief clerk shall deliver it to the Office of
932 Legislative Research and General Counsel.
933 (b) The Office of Legislative Research and General Counsel shall:
934 (i) examine and enroll the legislation;
935 (ii) correct any technical errors as provided by Utah Code Section 36-12-12; and
936 (iii) transmit a copy of the enrolled legislation to:
937 (A) the secretary of the Senate for legislation originating in the Senate; and
938 (B) the chief clerk of the House for legislation originating in the House.
939 (2) When enrolling the legislation, the Office of Legislative Research and General
940 Counsel shall:
941 (a) include the name of the House floor sponsor for Senate legislation under the
942 heading "House Sponsor:"; or
943 (b) include the name of the Senate floor sponsor for House legislation under the
944 heading "Senate Sponsor:".
945 (3) The secretary of the Senate or chief clerk of the House shall:
946 (a) certify each enrolled piece of legislation; and
947 (b) ensure that a copy of the enrolled legislation is:
948 (i) transmitted to the governor;
949 (ii) filed with the secretary or chief clerk;
950 (iii) transmitted to the chief sponsor upon request; and
951 (iv) transmitted to the Office of Legislative Services.
952 Section 46. JR4-5-201 is amended to read:
953 JR4-5-201. Recalling legislation after the legislation is signed by the speaker and
954 president.
955 (1) As used in this rule:
956 (a) "Originating [
957 legislation originates.
958 (b) "Non-originating [
959 legislation does not originate.
960 (2) An originating [
961 the Office of Legislative Research and General Counsel by a motion and constitutional
962 majority vote.
963 (3) (a) A non-originating [
964 vote, request that the originating [
965 Legislative Research and General Counsel.
966 (b) Upon receipt of a request described in Subsection (3)(a), the originating [
967 chamber may, by motion and constitutional majority vote, recall from the Office of Legislative
968 Research and General Counsel the legislation that is the subject of the request.
969 (c) A non-originating [
970 Legislative Research and General Counsel except as provided in this Subsection (3).
971 (4) The Office of Legislative Research and General Counsel shall return legislation
972 recalled under this rule:
973 (a) for legislation recalled under Subsection (2), to the originating [
974 (b) for legislation recalled under Subsection (3), to the non-originating [
975 chamber.
976 Section 47. JR4-5-202 is amended to read:
977 JR4-5-202. Recalling legislation from the governor.
978 When a bill has passed both [
979 presiding officers, been enrolled, and [
980 recalled only if:
981 (1) a joint resolution requesting that the governor return the legislation is passed by a
982 constitutional majority vote of both [
983 (2) the governor elects to return it.
984 Section 48. JR5-1-102 is amended to read:
985 JR5-1-102. Legislative Expenses Oversight Committee.
986 (1) The presiding officer and the majority leader and minority leader of each [
987 chamber are the Legislative Expenses Oversight Committee for that [
988 (2) Each committee shall:
989 (a) establish procedures to implement the rules on legislative expenses, including
990 establishing systems and procedures for the reimbursement of legislative expenses;
991 (b) ensure that procedures are established for the purpose of avoiding duplicate or
992 improper payments or reimbursements; and
993 (c) meet at least annually, or at the request of a majority of the committee, to review
994 legislative expenses and travel budgets.
995 (3) Each committee may, for a calendar year, authorize up to 10 authorized legislative
996 training days for each legislator.
997 (4) The presiding officer may authorize temporary emergency legislative expenses.
998 Section 49. JR5-5-101 is amended to read:
999 JR5-5-101. Reimbursement for communications device expenses.
1000 (1) The presiding officer, the majority leader, and the minority leader of each [
1001 chamber of the Legislature may establish a policy governing reimbursement for expenses
1002 related to communications devices, which policy shall include:
1003 (a) the types of communications device expenses that will be reimbursed to legislators;
1004 and
1005 (b) the process for reimbursement of communications device expenses.
1006 (2) A legislator may, pursuant to a policy adopted under Subsection (1), be reimbursed
1007 for use of a communications device that is:
1008 (a) owned by the legislator; and
1009 (b) used by the legislator in the legislator's capacity as an employee of the Legislature.
1010 Section 50. JR6-1-102 is amended to read:
1011 JR6-1-102. Code of official conduct.
1012 (1) As used in this rule:
1013 (a) "Person" includes an individual, a partnership, an association, an organization, a
1014 company, and a body politic and corporate, or a lobbyist from any of these.
1015 (b) "Person" does not include an individual or entity described in Subsection (1)(a) that
1016 provides the legislator's primary source of income.
1017 (2) Each legislator shall comply with the guidelines established in Subsection (3).
1018 (3) In judging members of its house charged with an ethical violation, the Senate and
1019 House Ethics Committees shall consider whether or not the member has violated any of the
1020 following guidelines:
1021 (a) Members of the Senate and House shall not engage in any employment or other
1022 activity that would destroy or impair their independence of judgment.
1023 (b) Members of the Senate and House shall not be paid by a person to lobby, consult,
1024 or to further the interests of any legislation or legislative matter, except that a person may pay a
1025 member of the Senate or House to lobby, as defined in Utah Code Section 36-11-102, for the
1026 purpose of influencing federal legislative or federal executive action.
1027 (c) Members of the Senate and House shall not exercise any undue influence on any
1028 governmental entity. "Undue influence" means deceit or threat of violence.
1029 (d) Members of the Senate and House shall not engage in any activity that would be an
1030 abuse of official position or a violation of trust.
1031 (e) Members of the Senate and House shall not use any nonpublic information obtained
1032 by reason of their official position to gain advantage over any business or professional
1033 competition for activities with the state and its political subdivisions.
1034 (f) Members of the Senate and House shall not engage in any business relationship or
1035 activity that would require the disclosure of confidential information obtained because of their
1036 official position.
1037 (g) Members of the Senate and House shall not use their official position to secure
1038 privileges for themselves or others.
1039 (h) While in session, members of the Senate and House shall disclose any conflict of
1040 interest on any legislation or legislative matter as provided in JR6-1-201.
1041 (i) Members of the Senate and House may accept small gifts, awards, or contributions
1042 if these favors do not influence them in the discharge of official duties.
1043 (j) Members of the Senate and the House may engage in business or professional
1044 activities with the state or its political subdivisions if the activities are entered into under the
1045 same conditions and in the same manner applicable to any private citizen or company engaged
1046 in similar activities.
1047 (k) Legislators may enter into transactions with the state by contract by following the
1048 procedures and requirements of Utah Code Title 63G, Chapter 6a, Utah Procurement Code.
1049 Section 51. JR6-5-101 is amended to read:
1050 JR6-5-101. Senate and House action.
1051 (1) The Senate or House shall:
1052 (a) consider the recommendations of the ethics committee; and
1053 (b) by a majority vote of that [
1054 recommendations.
1055 (2) If the committee recommends expulsion of a senator or representative, acceptance
1056 of this recommendation requires a two-thirds vote of all the members elected to the Senate or
1057 to the House.
1058 Section 52. JR7-1-101 is amended to read:
1059 JR7-1-101. Definitions.
1060 As used in this chapter:
1061 (1) "Anchor location" means the physical location from which:
1062 (a) an electronic meeting originates; or
1063 (b) the participants are connected.
1064 (2) "Authorized legislative committee" means:
1065 (a) an interim committee;
1066 (b) the Legislative Management Committee;
1067 (c) the Legislative Process Committee;
1068 [
1069 (i) the Senate Rules Committee created in SR3-1-101; or
1070 (ii) the House Rules Committee created in HR3-1-101; or
1071 [
1072 (i) that is not a mixed special committee; and
1073 (ii) to the extent the special committee has statutory authority to open a committee bill
1074 file or create a committee bill.
1075 (3) "Bill" means the same as that term is defined in JR4-1-101.
1076 (4) "Chair" except as otherwise expressly provided, means:
1077 (a) the member of the Senate appointed as chair of an interim committee by the
1078 president of the Senate under JR7-1-202;
1079 (b) the member of the House of Representatives appointed as chair of an interim
1080 committee by the speaker of the House of Representatives under JR7-1-202;
1081 (c) a member of a special committee appointed as chair of the special committee; or
1082 (d) a member of a legislative committee designated by the chair of the legislative
1083 committee under Subsection (4)(a), (b), or (c) to act as chair under JR7-1-202.
1084 (5) "Committee bill" means draft legislation that receives a favorable recommendation
1085 from an authorized legislative committee.
1086 (6) "Committee bill file" means a request for legislation made by:
1087 (a) a majority vote of an authorized legislative committee; or
1088 (b) the chairs of an interim committee, if the interim committee authorizes the chairs to
1089 open one or more committee bill files in accordance with JR7-1-602.
1090 (7) "Committee note" means a note that the Office of Legislative Research and General
1091 Counsel places on legislation in accordance with JR4-2-401.
1092 (8) "Draft legislation" means a draft of a bill or resolution before it is numbered by the
1093 Office of Legislative Research and General Counsel.
1094 (9) "Electronic meeting" means the same as that term is defined in Utah Code Section
1095 52-4-103.
1096 (10) "Favorable recommendation" means an action of an authorized legislative
1097 committee by majority vote to favorably recommend legislation for consideration by the
1098 Legislature in an upcoming legislative session.
1099 (11) "Legislative committee" means:
1100 (a) an interim committee; or
1101 (b) a special committee.
1102 (12) "Interim committee" means a committee [
1103 (a) is comprised of members from both chambers;
1104 (b) meets between annual general sessions of the Legislature to perform duties
1105 described in rule; and
1106 (c) is created under JR7-1-201.
1107 (13) "Legislative sponsor" means:
1108 (a) for a committee bill file, the chairs of the authorized legislative committee that
1109 opened the committee bill file or the chairs' designee; or
1110 (b) for a request for legislation that is not a committee bill file, the legislator who
1111 requested the request for legislation or the legislator's designee.
1112 (14) "Majority vote" means:
1113 (a) with respect to an interim committee, an affirmative vote of at least 50% of a
1114 quorum of members of the interim committee from one chamber and more than 50% of a
1115 quorum of members of the interim committee from the other chamber; or
1116 (b) with respect to a special committee, an affirmative vote of more than 50% of a
1117 quorum.
1118 (15) "Mixed special committee" means a special committee that is composed of one or
1119 more voting members who are legislators and one or more voting members who are not
1120 legislators.
1121 (16) "Original motion" means a nonprivileged motion that is accepted by the chair
1122 when no other motion is pending.
1123 (17) "Pending motion" means a motion described in JR7-1-307.
1124 (18) "Privileged motion" means a motion to adjourn, set a time to adjourn, recess, end
1125 debate, extend debate, or limit debate.
1126 (19) "Public statement" means a statement made in the ordinary course of business of a
1127 legislative committee with the intent that all other members of the legislative committee
1128 receive it.
1129 [
1130
1131 [
1132 JR4-1-101.
1133 [
1134 [
1135 other similar body that is:
1136 (i) created by legislation; and
1137 (ii) staffed by:
1138 (A) the Office of Legislative Research and General Counsel; or
1139 (B) the Office of the Legislative Fiscal Analyst.
1140 (b) "Special committee" does not include:
1141 (i) an interim committee;
1142 (ii) a standing committee created under SR3-2-201 or HR3-2-201; or
1143 (iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
1144 [
1145 in accordance with JR7-1-411.
1146 [
1147 legislative committee makes when there is a nonprivileged motion pending.
1148 Section 53. JR7-1-104 is amended to read:
1149 JR7-1-104. Prohibited items and activities in legislative committee meetings.
1150 (1) A member of the public attending a meeting of a legislative committee may not:
1151 [
1152 following:
1153 [
1154 [
1155 [
1156 [
1157 [
1158 [
1159 [
1160 [
1161 [
1162 [
1163 [
1164 [
1165 [
1166 [
1167 (2) To the extent reasonably applicable, any action by a chair under this rule applies to
1168 a member of the public participating in the meeting via video conference.
1169 Section 54. JR7-1-202 is amended to read:
1170 JR7-1-202. President and speaker to appoint legislative committee members and
1171 chairs.
1172 (1) The president of the Senate shall appoint:
1173 (a) one or more senators to each legislative committee, including one senator to serve
1174 as chair of the legislative committee; or
1175 (b) if the legislative committee is a special committee, senators as provided by the
1176 special committee's enacting legislation.
1177 (2) The speaker of the House of Representatives shall appoint:
1178 (a) one or more representatives to each legislative committee, including one
1179 representative to serve as chair of the legislative committee; or
1180 (b) if the legislative committee is a special committee, representatives as provided by
1181 the special committee's enacting legislation.
1182 (3) (a) A chair may designate a member of the legislative committee to act as [
1183 for all or part of a legislative committee meeting if neither chair is present at the meeting.
1184 (b) If neither chair is present at the meeting and neither chair designates a member of
1185 the legislative committee to act as chair, the most senior member from the majority party who
1186 is present at the meeting shall act as chair.
1187 Section 55. JR7-1-203 is amended to read:
1188 JR7-1-203. Quorum requirements.
1189 (1) Except as provided in Subsection (2) and subject to the other provisions of this rule,
1190 a quorum of a legislative committee:
1191 (a) is at least 50% of the members of the legislative committee from one chamber and
1192 more than 50% of the members of the legislative committee from the other chamber; and
1193 (b) notwithstanding Subsection (2) or (3), shall include at least one member of the
1194 legislative committee from the Senate.
1195 (2) A quorum of a mixed special committee is:
1196 (a) at least 50% of the legislator members of the mixed special committee from one
1197 chamber and more than 50% of the legislator members of the mixed special committee from
1198 the other chamber; and
1199 (b) more than 50% of the nonlegislator members of the mixed special committee.
1200 (3) If a member of a legislative committee does not attend two consecutive meetings of
1201 the legislative committee in a calendar year, the member is not counted for purposes of
1202 determining a quorum for the remainder of the calendar year, unless the member is present at
1203 the meeting when the action requiring a quorum occurs.
1204 (4) The following individuals are not counted for purposes of determining a quorum,
1205 unless the member is present at the legislative committee meeting when the action requiring a
1206 quorum occurs:
1207 (a) a member of the Legislative Management Committee;
1208 (b) the Senate chair and vice chair of the Executive Appropriations Committee;
1209 (c) the House chair and vice chair of the Executive Appropriations Committee;
1210 (d) the chair and vice chair of the Senate Rules Committee;
1211 (e) the chair and vice chair of the House Rules Committee;
1212 (f) the fourth member of leadership from the minority party in the Senate; and
1213 (g) the fourth member of leadership from the minority party in the House of
1214 Representatives.
1215 Section 56. JR7-1-302 is amended to read:
1216 JR7-1-302. Chair to preserve order and decorum.
1217 (1) The chair shall preserve order and decorum during a legislative committee meeting
1218 by:
1219 (a) ensuring nothing obstructs a walkway or the view of a meeting attendee;
1220 (b) ensuring that nothing disrupts, disturbs, or otherwise impedes the orderly course of
1221 the meeting;
1222 (c) protecting state property from damage or disarray;
1223 (d) prohibiting speech likely to incite or produce imminent lawless action, fighting
1224 words, or obscenity; and
1225 (e) prohibiting any activity or item that poses a danger to the safety of a meeting
1226 attendee.
1227 (2) To preserve order and decorum in accordance with Subsection (1), the chair may:
1228 (a) prohibit the following:
1229 (i) standing, waving, yelling, cheering, whistling, or clapping;
1230 (ii) loud noises;
1231 (iii) food or drink, other than water in a closed container;
1232 (iv) musical instruments;
1233 (v) any item that may require excessive cleanup; or
1234 (vi) to the extent necessary to preserve order and decorum, any other item or activity
1235 the chair determines necessary;
1236 (b) clear the meeting room of one or more individuals;
1237 (c) recess the meeting without a motion; or
1238 (d) request assistance from:
1239 (i) the sergeant-at-arms; or
1240 (ii) the Utah Highway Patrol.
1241 (3) A member of the public participating in a legislative committee meeting via video
1242 conference may not:
1243 (a) use a virtual background other than one that is simple and free from distracting
1244 visuals; or
1245 (b) engage in any behavior that if performed in the meeting room would violate
1246 Subsection (1).
1247 Section 57. JR7-1-401 is amended to read:
1248 JR7-1-401. Interim committees to receive study assignments -- Adoption of study
1249 items.
1250 (1) Each interim committee shall:
1251 (a) study issues assigned to the committee by:
1252 (i) passed legislation; or
1253 (ii) the Legislative Management Committee; and
1254 (b) review programs and hear reports as required by statute.
1255 (2) Each interim committee may:
1256 (a) [
1257 possibilities for improvement in government services within the interim committee's subject
1258 area;
1259 (b) request and receive research reports from interim committee staff that relate to the
1260 interim committee's subject area;
1261 (c) request testimony from government officials, private organizations, or members of
1262 the public on issues being studied by the interim committee;
1263 (d) make recommendations to the Legislature for legislative action; or
1264 (e) prepare one or more committee bills based on the interim committee's studies.
1265 (3) Each interim committee shall adopt a list of interim study items during the interim
1266 committee's first meeting of each calendar year as follows:
1267 (a) the interim committee shall review the study items provided by the Legislative
1268 Management Committee under Subsection (1)(a)(ii);
1269 (b) the interim committee may, by majority vote, modify or add to the list of study
1270 items described in Subsection (3)(a), provided that any additional item adopted by the
1271 committee is consistent with the interim committee's duties as described in Subsection (1) or
1272 (2) [
1273 (c) the interim committee shall adopt the original or amended list of study items by
1274 majority vote.
1275 (4) (a) An interim committee may add an item to the committee's adopted list of study
1276 items described in Subsection (3) if:
1277 (i) the interim committee chairs request and receive approval from the Legislative
1278 Management Committee; and
1279 (ii) the item is consistent with the interim committee's duties as described in
1280 Subsection (1) or (2).
1281 (b) A request under Subsection (4)(a) is deemed approved, unless the Legislative
1282 Management Committee denies the request within 30 days after the day on which the
1283 committee chairs submit the request.
1284 Section 58. JR7-1-611 is amended to read:
1285 JR7-1-611. Assignment of committee bills -- Report on committee bills and study
1286 items.
1287 (1) The chairs of each authorized legislative committee shall:
1288 (a) no later than November 30, assign each of the authorized legislative committee's
1289 committee bills a chief sponsor and, at the chairs' election, a floor sponsor from the opposite
1290 chamber; and
1291 (b) deliver to the Senate Rules Committee and the House Rules Committee a report
1292 that includes, for each of the authorized legislative committee's committee bills:
1293 (i) the short title;
1294 (ii) the chief sponsor;
1295 (iii) the floor sponsor, if applicable; and
1296 (iv) how each member of the authorized legislative committee voted when the
1297 authorized legislative committee gave the committee bill a favorable recommendation,
1298 including whether a member was absent at the time of the vote.
1299 (2) Notwithstanding Subsection (1), for a committee bill that was not a committee bill
1300 file, the sponsor of the request for legislation is the chief sponsor of the committee bill file
1301 unless the sponsor transfers the committee bill to another legislator.
1302 [
1303 interim committee shall deliver to the Legislative Management Committee:
1304 [
1305 [
1306 during the preceding calendar year.
1307 [
1308
1309 Committee meets in December.
1310 [
1311 committee shall comply with [
1312 Section 59. Effective date.
1313 This resolution takes effect upon a successful vote for final passage.