Utah 2023 Regular Session

Utah House Bill HJR027 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.J.R. 27
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: C.R. Gilbert 6
4	4	6 02-24-23 3:25 PM 6
5	5	H.J.R. 27
6	6	1 JOINT RULES RESOLUTION - LEGISLATIVE ETHICS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Jordan D. Teuscher
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This resolution modifies provisions related to legislative ethics committees.
15	15	10Highlighted Provisions:
16	16	11 This resolution:
17	17	12 <clarifies the president's and speaker's authority to convene the Senate Ethics
18	18	13Committee or the House Ethics Committee for the purpose of exercising the
19	19	14Senate's or House's authority under Utah Constitution Article VI, Section 10, to
20	20	15judge the election and qualifications of its members or to punish its members for
21	21	16disorderly conduct;
22	22	17 <addresses procedural requirements for an ethics committee convened by the
23	23	18president or the speaker; and
24	24	19 <makes technical and conforming changes.
25	25	20Special Clauses:
26	26	21 None
27	27	22Legislative Rules Affected:
28	28	23AMENDS:
29	29	24 JR6-2-102
30	30	25 JR6-2-201
31	31	26 JR6-3-102
32	32	27ENACTS:
33	33	HJR027 H.J.R. 27 02-24-23 3:25 PM
34	34	- 2 -
35	35	28 JR6-4a-101
36	36	29 JR6-4a-102
37	37	30 JR6-4a-201
38	38	31 JR6-4a-202
39	39	32 JR6-4a-203
40	40	33 JR6-4a-204
41	41	34 JR6-4a-205
42	42	35RENUMBERS AND AMENDS:
43	43	36 JR6-3-201,(Renumbered from JR6-4-101)
44	44	37 JR6-3-202,(Renumbered from JR6-4-102)
45	45	38 JR6-3-203,(Renumbered from JR6-4-103)
46	46	39 JR6-3-301,(Renumbered from JR6-4-201)
47	47	40 JR6-3-302,(Renumbered from JR6-4-202)
48	48	41 JR6-3-303,(Renumbered from JR6-4-203)
49	49	42 JR6-3-304,(Renumbered from JR6-4-204)
50	50	43 JR6-3-401,(Renumbered from JR6-4-301)
51	51	44 JR6-3-402,(Renumbered from JR6-4-302)
52	52	45 JR6-3-403,(Renumbered from JR6-4-303)
53	53	46 JR6-3-404,(Renumbered from JR6-4-304)
54	54	47 JR6-3-405,(Renumbered from JR6-4-305)
55	55	48 JR6-3-406,(Renumbered from JR6-4-306)
56	56	49
57	57	50Be it resolved by the Legislature of the state of Utah:
58	58	51 Section 1. JR6-2-102 is amended to read:
59	59	52 TITLE JR6. LEGISLATIVE ETHICS
60	60	53 JR6-2-102. Ethics committee -- Meetings and staff.
61	61	54 (1) The Senate and House Ethics Committees shall operate as both standing and
62	62	55interim committees.
63	63	56 (2) The committees shall meet as necessary, either as called at:
64	64	57 (a) the discretion of the chair; [or]
65	65	58 (b) by a majority vote of the committee[.]; or 02-24-23 3:25 PM H.J.R. 27
66	66	- 3 -
67	67	59 (c) the discretion of the president or speaker in accordance with Chapter 4a, Ethics
68	68	60Committees.
69	69	61 (3) A majority of the committee is a quorum.
70	70	62 (4) The staff of each committee consists of:
71	71	63 (a) the director of the Office of Legislative Research and General Counsel;
72	72	64 (b) the legislative general counsel; and
73	73	65 (c) any other staff designated by the director or the legislative general counsel.
74	74	66 Section 2. JR6-2-201 is amended to read:
75	75	67 JR6-2-201. Authority to review complaint -- Grounds for complaint --
76	76	68Limitations on filings.
77	77	69 (1) Subject to the requirements of this chapter, the Senate Ethics Committee, the House
78	78	70Ethics Committee, and the Independent Legislative Ethics Commission are authorized to
79	79	71review an ethics complaint against a legislator if the complaint alleges:
80	80	72 (a) a violation of the code of official conduct as provided in JR6-1-102;
81	81	73 (b) a violation of JR6-1-103;
82	82	74 (c) a conviction of, or a plea of guilty to, a crime involving moral turpitude; or
83	83	75 (d) a plea of no contest or a plea in abeyance to a crime involving moral turpitude.
84	84	76 (2) (a) For an alleged violation under Subsection (1)(a), the complaint must be filed
85	85	77within two years of the date that the action or omission that forms the basis of the alleged
86	86	78violation occurred or within two years of the date that the action or omission would have been
87	87	79discovered by a reasonable person.
88	88	80 (b) For an alleged violation under Subsection (1)(c) or (d), the complaint shall be filed
89	89	81within two years of the date that the plea or conviction that forms the basis of the allegation
90	90	82was entered.
91	91	83 (3) (a) A complaint may not contain an allegation if that allegation and the general
92	92	84facts and circumstances supporting that allegation have been previously reviewed by the
93	93	85commission or an ethics committee unless:
94	94	86 (i) the allegation was previously reviewed by the commission and dismissed without
95	95	87being referred to an ethics committee for review;
96	96	88 (ii) the allegation is accompanied by material facts or circumstances supporting the
97	97	89allegation that were not raised or pled to the commission when the allegation was previously H.J.R. 27 02-24-23 3:25 PM
98	98	- 4 -
99	99	90reviewed; and
100	100	91 (iii) the allegation and the general facts and circumstances supporting that allegation
101	101	92have only been reviewed by the commission on one previous occasion.
102	102	93 (b) If an allegation in the complaint does not comply with the requirements of
103	103	94Subsection (3)(a), the allegation shall be summarily dismissed with prejudice by:
104	104	95 (i) the chair of the Independent Legislative Ethics Commission, when reviewing the
105	105	96complaint under [JR6-4-101] JR6-3-201; or
106	106	97 (ii) the commission, when reviewing the complaint under [JR6-4-201] JR6-3-301.
107	107	98 Section 3. JR6-3-102 is amended to read:
108	108	99 CHAPTER 3. ADJUDICATION OF ETHICS COMPLAINTS
109	109	100 Part 1. Filing a Complaint Alleging a Violation of Legislative Ethics
110	110	101 JR6-3-102. Privacy of ethics complaints -- Contempt -- Enforcement of finding of
111	111	102contempt -- Dismissal.
112	112	103 (1) (a) Except as provided in Subsection (1)(b), a person, including the complainants,
113	113	104the respondent, commission members, a committee chair or vice chair, or staff to the
114	114	105commission or a committee, may not disclose the existence of a complaint, a response, nor any
115	115	106information concerning any alleged violation that is the subject of a complaint.
116	116	107 (b) The restrictions in Subsection (1)(a) do not apply to:
117	117	108 (i) a complaint or response that is publicly released by the commission and referred to
118	118	109an ethics committee for review under the procedures and requirements of [JR6-4-204]
119	119	110JR6-3-304, and the allegations contained in the publicly released complaint or response;
120	120	111 (ii) the respondent's voluntary disclosure of a finding by the commission that no
121	121	112allegations in a complaint were proved, after that finding is issued by the commission under the
122	122	113procedures and requirements of [JR6-4-204] JR6-3-304;
123	123	114 (iii) disclosing facts or allegations about potential criminal violations to law
124	124	115enforcement authorities;
125	125	116 (iv) a disclosure by a respondent that is made solely for the purpose of, and only to the
126	126	117extent necessary for, retaining counsel or conducting an interview, seeking evidence, or taking
127	127	118other action to prepare to defend against a complaint;
128	128	119 (v) a communication between a commission or committee member and the
129	129	120commission's or committee's attorneys or staff; or 02-24-23 3:25 PM H.J.R. 27
130	130	- 5 -
131	131	121 (vi) a disclosure to a person that is determined necessary, by a majority vote of the
132	132	122commission or committee, to conduct the duties of the commission or committee.
133	133	123 (2) When a person makes a disclosure under Subsection (1)(b)(iv) or (vi), the person
134	134	124making the disclosure shall inform the person to whom the disclosure is made of the
135	135	125nondisclosure requirements described in this section.
136	136	126 (3) A person who violates the provisions of Subsection (1)(a) is in contempt of the
137	137	127Legislature and proceedings may be initiated to enforce the finding of contempt using the
138	138	128procedures provided in JR6-2-304 and Utah Code Section 36-14-5.
139	139	129 (4) Except as provided in [JR6-4-101(3)] JR6-3-201(3), if the identity of the legislator
140	140	130who is the subject of an ethics complaint or the identity of the filer of an ethics complaint is
141	141	131publicly disclosed during the period that the Independent Legislative Ethics Commission is
142	142	132reviewing the complaint, the complaint shall be summarily dismissed without prejudice.
143	143	133 Section 4. JR6-3-201, which is renumbered from Section JR6-4-101
144	144	134 Part 2. Initial Review of Ethics Complaint and Response
145	145	135 [JR6-4-101]. JR6-3-201. Review of ethics complaint for compliance with
146	146	136form requirements -- Independent requirements for complaint -- Notice.
147	147	137 (1) Within five business days after receipt of a complaint, the staff of the Independent
148	148	138Legislative Ethics Commission, in consultation with the chair of the commission, shall
149	149	139examine the complaint to determine if it is in compliance with JR6-2-201 or JR6-3-101.
150	150	140 (2) (a) If the chair determines that the complaint does not comply with JR6-2-201 or
151	151	141JR6-3-101, the chair shall:
152	152	142 (i) return the complaint to the first complainant named on the complaint with:
153	153	143 (A) a statement detailing the reason for the non-compliance; and
154	154	144 (B) a copy of the applicable legislative rules; and
155	155	145 (ii) notify the president of the Senate and the chair and vice-chair of the Senate Ethics
156	156	146Committee, if the legislator named in the complaint is a senator, or the speaker of the House of
157	157	147Representatives and the chair and vice-chair of the House Ethics Committee, if the legislator
158	158	148named in the complaint is a representative, that:
159	159	149 (A) a complaint was filed against a member of the Senate or House, respectively, but
160	160	150was returned for non-compliance with legislative rule; and
161	161	151 (B) the fact that a complaint was filed and returned shall be kept confidential until the H.J.R. 27 02-24-23 3:25 PM
162	162	- 6 -
163	163	152commission submits its annual summary data report as required by JR6-2-104.
164	164	153 (b) If a complaint is returned for non-compliance with the requirements of this title, the
165	165	154complainants may file another complaint if the new complaint independently meets the
166	166	155requirements of JR6-3-101, including any requirements for timely filing.
167	167	156 (3) If the chair determines that the complaint complies with the requirements of this
168	168	157rule, the chair shall:
169	169	158 (a) accept the complaint;
170	170	159 (b) notify the president of the Senate and the chair and vice-chair of the Senate Ethics
171	171	160Committee, if the legislator named in the complaint is a senator, or the speaker of the House of
172	172	161Representatives and the chair and vice-chair of the House Ethics Committee, if the legislator
173	173	162named in the complaint is a representative:
174	174	163 (i) that a complaint has been filed against a member of the Senate or House,
175	175	164respectively;
176	176	165 (ii) of the identity of the legislator who is the subject of the complaint and the identity
177	177	166of the person or persons filing the complaint;
178	178	167 (iii) of the nature of the allegations contained in the complaint; and
179	179	168 (iv) that the fact that a complaint was filed, the nature of the allegations raised in the
180	180	169complaint, and the identity of the legislator and the complainants shall be kept confidential
181	181	170until the commission publicly discloses the existence of the complaint via:
182	182	171 (A) a recommendation that an allegation in the complaint be heard by a legislative
183	183	172ethics committee; or
184	184	173 (B) submission of the commission's annual summary data report as required by
185	185	174JR6-2-104;
186	186	175 (c) notify each member of the Independent Legislative Ethics Commission that the
187	187	176complaint has been filed and accepted and that the existence of and contents of the complaint
188	188	177and the identities of the parties shall be kept confidential; and
189	189	178 (d) promptly forward the complaint to the legislator who is the subject of the ethics
190	190	179complaint via personal delivery or a delivery method that provides verification of receipt,
191	191	180together with:
192	192	181 (i) notice that the existence of and contents of the complaint, and the identities of the
193	193	182parties, are confidential and should not be publicly disclosed; 02-24-23 3:25 PM H.J.R. 27
194	194	- 7 -
195	195	183 (ii) a copy of the applicable legislative rules; and
196	196	184 (iii) notice of the legislator's deadline for filing a response to the complaint.
197	197	185 Section 5. JR6-3-202, which is renumbered from Section JR6-4-102
198	198	186[JR6-4-102]. JR6-3-202. Meeting of the Independent Legislative Ethics
199	199	187Commission for review of complaint -- Procedures.
200	200	188 By no later than 10 calendar days after the day on which the complaint is accepted
201	201	189under [JR6-4-101] JR6-3-201, the commission chair shall:
202	202	190 (1) schedule a commission meeting on a date no later than 60 calendar days after the
203	203	191date on which the committee chair and vice chair accept the complaint;
204	204	192 (2) place the complaint on the agenda for consideration at that meeting;
205	205	193 (3) provide notice of the date, time, and location of the meeting to:
206	206	194 (a) the members of the commission;
207	207	195 (b) the first complainant named in the complaint; and
208	208	196 (c) the respondent; and
209	209	197 (4) provide a copy of the complaint to each member of the commission.
210	210	198 Section 6. JR6-3-203, which is renumbered from Section JR6-4-103
211	211	199[JR6-4-103]. JR6-3-203. Response to ethics complaint -- Filing -- Form.
212	212	200 (1) The legislator that is the subject of the complaint may file a response to the
213	213	201complaint no later than 30 days after the day on which the legislator receives delivery of the
214	214	202complaint.
215	215	203 (2) The respondent shall file the response with the commission and shall ensure that
216	216	204the response is in writing and contains the following information:
217	217	205 (a) the name, address, and telephone number of the respondent;
218	218	206 (b) for each alleged violation in the complaint:
219	219	207 (i) each affirmative defense asserted in response to the allegation, including a general
220	220	208description of each affirmative defense and the facts and circumstances supporting the defense
221	221	209to be provided by one or more affidavits, each of which shall comply with the following
222	222	210format:
223	223	211 (A) the name, address, and telephone number of the signer;
224	224	212 (B) a statement that the signer has personal knowledge of the facts and circumstances
225	225	213alleged in the affidavit; H.J.R. 27 02-24-23 3:25 PM
226	226	- 8 -
227	227	214 (C) the facts and circumstances testified to by the signer;
228	228	215 (D) a statement that the affidavit is believed to be true and correct and that false
229	229	216statements are subject to penalties of perjury; and
230	230	217 (E) the signature of the signer;
231	231	218 (ii) the facts and circumstances refuting the allegation, which shall be provided by:
232	232	219 (A) copies of official records or documentary evidence; or
233	233	220 (B) one or more affidavits, each of which shall comply with the following format:
234	234	221 (I) the name, address, and telephone number of the signer;
235	235	222 (II) a statement that the signer has personal knowledge of the facts and circumstances
236	236	223alleged in the affidavit;
237	237	224 (III) the facts and circumstances testified to by the signer;
238	238	225 (IV) a statement that the affidavit is believed to be true and correct and that false
239	239	226statements are subject to penalties of perjury; and
240	240	227 (V) the signature of the signer;
241	241	228 (c) a list of the witnesses that the respondent wishes to have called, including for each
242	242	229witness:
243	243	230 (i) the name, address, and, if available, telephone number of the witness;
244	244	231 (ii) a brief summary of the testimony to be provided by the witness; and
245	245	232 (iii) a specific description of any documents or evidence the respondent desires the
246	246	233witness to produce;
247	247	234 (d) a statement that the respondent:
248	248	235 (i) has reviewed the allegations contained in the complaint and the sworn statements
249	249	236and documents attached to the response; and
250	250	237 (ii) believes the contents of the response to be true and accurate; and
251	251	238 (e) the signature of the respondent.
252	252	239 (3) Promptly after receiving the response, the commission shall provide copies of the
253	253	240response to:
254	254	241 (a) each member of the commission; and
255	255	242 (b) the first named complainant on the complaint.
256	256	243 Section 7. JR6-3-301, which is renumbered from Section JR6-4-201
257	257	244 Part 3. Review of Ethics Complaint by the Independent Legislative Ethics Commission 02-24-23 3:25 PM H.J.R. 27
258	258	- 9 -
259	259	245 [JR6-4-201]. JR6-3-301. Review of ethics complaint by the Independent
260	260	246Legislative Ethics Commission.
261	261	247 (1) The scope of the Independent Legislative Ethics Commission's review is limited to
262	262	248the alleged violations stated in the complaint.
263	263	249 (2) (a) Before holding the meeting for review of the complaint, the commission chair
264	264	250may schedule a separate meeting of the commission for the purposes of:
265	265	251 (i) hearing motions or arguments from the parties, including hearing motions or
266	266	252arguments relating to dismissal of a complaint, admission of evidence, or procedures;
267	267	253 (ii) holding a vote of the commission, with or without the attendance of the parties, on
268	268	254procedural or commission business matters relating to a complaint; or
269	269	255 (iii) reviewing a complaint, with or without the attendance of the parties, to determine
270	270	256if the complaint should be dismissed in whole or in part, by means of a majority vote of the
271	271	257commission, because it pleads facts or circumstances against a legislator that have already been
272	272	258reviewed by the commission or an ethics committee as provided in JR6-2-201.
273	273	259 (b) Notwithstanding [JR6-4-102] JR6-3-202, the commission may, by a majority vote,
274	274	260change the date of the meeting for review of the complaint in order to accommodate:
275	275	261 (i) a meeting authorized under Subsection (2)(a); or
276	276	262 (ii) necessary scheduling requirements.
277	277	263 (3) (a) The commission shall comply with the Utah Rules of Evidence except where
278	278	264the commission determines, by majority vote, that a rule is not compatible with the
279	279	265requirements of this title.
280	280	266 (b) The chair shall make rulings on admissibility of evidence consistent with the
281	281	267provisions of JR6-2-302.
282	282	268 (4) (a) All meetings and hearings authorized in this part are closed to the public.
283	283	269 (b) The following individuals may be present during the presentation of testimony and
284	284	270evidence to the commission:
285	285	271 (i) the complainants, except that no more than three complainants may be present at
286	286	272one time;
287	287	273 (ii) complainants' counsel, if applicable;
288	288	274 (iii) the respondent;
289	289	275 (iv) the respondent's counsel, if applicable; H.J.R. 27 02-24-23 3:25 PM
290	290	- 10 -
291	291	276 (v) members of the commission;
292	292	277 (vi) staff to the commission;
293	293	278 (vii) a witness, while testifying before the commission; and
294	294	279 (viii) necessary security personnel.
295	295	280 (c) The complainants, respondent, and their respective counsel may be excluded from a
296	296	281portion of the meeting when the commission discusses administrative, procedural, legal, or
297	297	282evidentiary issues by:
298	298	283 (i) the order of the chair, subject to override as provided in JR6-2-302; or
299	299	284 (ii) a majority vote of the commission.
300	300	285 (d) When the commission deliberates at the conclusion of presentation of testimony
301	301	286and evidence, the commission shall ensure that those deliberations are closed to all persons
302	302	287except for the members of the commission and commission staff.
303	303	288 (5) If a majority of the commission determines that a continuance is necessary to obtain
304	304	289further evidence and testimony, to accommodate administrative needs, or to accommodate the
305	305	290attendance of commission members, witnesses, or a party, the commission shall:
306	306	291 (a) adjourn and continue the meeting to a future date and time after notice to the
307	307	292parties; and
308	308	293 (b) establish that future date and time by majority vote.
309	309	294 Section 8. JR6-3-302, which is renumbered from Section JR6-4-202
310	310	295[JR6-4-202]. JR6-3-302. Record -- Recording of meetings.
311	311	296 (1) (a) Except as provided in Subsection (1)(b), an individual may not use a camera or
312	312	297other recording device in any meeting authorized by this part.
313	313	298 (b) (i) The commission shall keep an audio or video recording of all portions of each
314	314	299meeting authorized by this part.
315	315	300 (ii) If the commission elects, by a majority vote, to release the commission's
316	316	301recommendation in a public meeting, the meeting may, upon a majority vote of the
317	317	302commission, be opened to cameras or other recording devices.
318	318	303 (2) In addition to the recording required in Subsection (1), the chair shall ensure that a
319	319	304record of the meeting or hearing is made, which shall include:
320	320	305 (a) official minutes taken during the meeting or hearing, if any;
321	321	306 (b) copies of all documents or other items admitted into evidence by the commission; 02-24-23 3:25 PM H.J.R. 27
322	322	- 11 -
323	323	307 (c) copies of any documents or written orders or rulings issued by the chair or the
324	324	308commission; and
325	325	309 (d) any other information that a majority of the commission or the chair directs.
326	326	310 (3) Except for the recommendation prepared by the commission, which shall be either
327	327	311a private or public record as determined in [JR6-4-204] JR6-3-304, any recording, testimony,
328	328	312evidence, or other record of a meeting authorized by this part is a private record under Utah
329	329	313Code Section 63G-2-302 and may not be disclosed.
330	330	314 Section 9. JR6-3-303, which is renumbered from Section JR6-4-203
331	331	315[JR6-4-203]. JR6-3-303. Process for making a decision -- Deliberations.
332	332	316 (1) After each party has presented a closing argument, the commission shall, at the
333	333	317direction of the chair, begin its private deliberations:
334	334	318 (a) immediately after conclusion of the closing arguments; or
335	335	319 (b) at a future meeting of the commission, on a date and time determined by a majority
336	336	320of the members of the commission.
337	337	321 (2) (a) The chair of the commission shall conduct the deliberations.
338	338	322 (b) Upon a motion made by a commission member, the commission may exclude
339	339	323commission staff from all or a portion of the deliberations by a majority vote of the
340	340	324commission.
341	341	325 (3) (a) During deliberations, for each allegation reviewed by the commission, each
342	342	326member shall determine and cast a vote stating whether the allegation is:
343	343	327 (i) proven by a preponderance of the evidence; or
344	344	328 (ii) not proven.
345	345	329 (b) A verbal roll call vote shall be taken on each allegation and each member's vote
346	346	330shall be recorded.
347	347	331 (4) (a) A count is not considered to be proven unless four of the five members of the
348	348	332commission vote that the count is proven.
349	349	333 (b) A count that is not considered to be proven is dismissed.
350	350	334 (c) (i) Before the commission issues its recommendation under [JR6-4-204]
351	351	335JR6-3-304, the commission may, upon a majority vote, reconsider and hold a new vote on an
352	352	336allegation.
353	353	337 (ii) A motion to reconsider a vote may only be made by a member of the commission H.J.R. 27 02-24-23 3:25 PM
354	354	- 12 -
355	355	338who voted that the allegation was not proved.
356	356	339 (5) At the conclusion of deliberations, the commission shall prepare its
357	357	340recommendations as provided in [JR6-4-204] JR6-3-304.
358	358	341 Section 10. JR6-3-304, which is renumbered from Section JR6-4-204
359	359	342[JR6-4-204]. JR6-3-304. Recommendations of commission.
360	360	343 (1) If the commission determines that no allegations in the complaint were proved, the
361	361	344commission shall:
362	362	345 (a) issue and enter into the record an order that the complaint is dismissed because no
363	363	346allegations in the complaint were found to have been proved;
364	364	347 (b) classify all recordings, testimony, evidence, orders, findings, and other records
365	365	348directly relating to the meetings authorized by this part as private records under Utah Code
366	366	349Section 63G-2-302;
367	367	350 (c) provide notice of the determination, in a manner determined by a majority vote of
368	368	351the commission, to:
369	369	352 (i) the respondent; and
370	370	353 (ii) the first complainant named on the complaint; and
371	371	354 (d) provide notice to each person named in Subsection (1)(c) that, under the provisions
372	372	355of JR6-3-102 and other provisions of this title, a person who discloses the findings of the
373	373	356commission in violation of any provision of this chapter is in contempt of the Legislature and is
374	374	357subject to penalties for contempt.
375	375	358 (2) If the commission determines that one or more of the allegations in the complaint
376	376	359were proved, the commission shall:
377	377	360 (a) if one or more allegations were not found to have been proven, enter into the record
378	378	361an order dismissing those unproven allegations;
379	379	362 (b) prepare a written recommendation to the Senate Ethics Committee, if the
380	380	363respondent is a senator, or to the House Ethics Committee, if the respondent is a representative,
381	381	364that:
382	382	365 (i) lists the name of each complainant;
383	383	366 (ii) lists the name of the respondent;
384	384	367 (iii) states the date of the recommendation;
385	385	368 (iv) for each allegation that was found to be proven: 02-24-23 3:25 PM H.J.R. 27
386	386	- 13 -
387	387	369 (A) provides a reference to the code of conduct or criminal provision allegedly
388	388	370violated;
389	389	371 (B) states the number and names of commission members voting that the allegation
390	390	372was proved and the number and names of commission members voting that the allegation was
391	391	373not proved;
392	392	374 (C) at the option of those members voting that the allegation was proved, includes a
393	393	375statement by one or all of those members stating the reasons for voting that the allegation was
394	394	376proved, provided that the statement does not cite specific evidence, specific testimony, or
395	395	377specific witnesses; and
396	396	378 (D) at the option of those members voting that the allegation was not proved, includes
397	397	379a statement by one or all of those members stating the reasons for voting that the allegation was
398	398	380not proved, provided that the statement does not cite specific evidence, specific testimony, or
399	399	381specific witnesses;
400	400	382 (v) contains any general statement that is adopted for inclusion in the recommendation
401	401	383by a majority of the members of the commission;
402	402	384 (vi) contains a statement referring the allegations found to have been proved to the
403	403	385appropriate ethics committee for review;
404	404	386 (vii) states the name of each member of the commission; and
405	405	387 (viii) is signed by each commission member;
406	406	388 (c) direct staff to publicly release the recommendation, the complaint, and the
407	407	389response, subject to the redaction of any allegations that were dismissed by the commission;
408	408	390and
409	409	391 (d) classify all other recordings, testimony, evidence, orders, findings, and other
410	410	392records directly relating to the meetings and hearings authorized by this part as private records
411	411	393under Utah Code Section 63G-2-302.
412	412	394 (3) The commission shall ensure that a copy of the recommendation is made publicly
413	413	395available and promptly provided to:
414	414	396 (a) the respondent, together with notice that the respondent may amend the
415	415	397respondent's witness list as provided in [JR6-4-301] JR6-3-401;
416	416	398 (b) the first complainant named on the complaint, together with notice that the
417	417	399complainants may amend their witness list as provided in [JR6-4-301] JR6-3-401; and H.J.R. 27 02-24-23 3:25 PM
418	418	- 14 -
419	419	400 (c) the chair and vice chair of the Senate Ethics Committee, if the respondent is a
420	420	401senator, or the chair and vice chair of the House Ethics Committee, if the respondent is a
421	421	402representative.
422	422	403 (4) The commission shall ensure that, within five business days of the date of issuance
423	423	404of the recommendation:
424	424	405 (a) the complaint and the response are redacted to remove references to those
425	425	406allegations found not to have been proven by the commission, if one or more allegations were
426	426	407found not to have been proven; and
427	427	408 (b) the following documents are made publicly available and are provided to the chair
428	428	409and vice chair of the Senate Ethics Committee, if the respondent is a senator, or the chair and
429	429	410vice chair of the House Ethics Committee, if the respondent is a representative:
430	430	411 (i) a cover letter referring the allegations contained in the edited complaint to the ethics
431	431	412committee for the committee's review;
432	432	413 (ii) a copy of the edited complaint;
433	433	414 (iii) a copy of the edited response; and
434	434	415 (iv) a copy of the recommendation.
435	435	416 Section 11. JR6-3-401, which is renumbered from Section JR6-4-301
436	436	417 Part 4. Procedures for Reviewing Ethics Complaints
437	437	418 [JR6-4-301]. JR6-3-401. Receipt of recommendation from Independent
438	438	419Legislative Ethics Commission -- Scheduling of Ethics Committee hearing --
439	439	420Amendments.
440	440	421 (1) Within five calendar days of the date that the chair of the Senate Ethics or House
441	441	422Ethics Committee receives the commission's recommendation as provided under [JR6-4-204]
442	442	423JR6-3-304, the chair and vice chair of the committee shall:
443	443	424 (a) schedule a committee hearing to review the complaint on a date no later than 30
444	444	425days after the day on which the committee receives the recommendation; and
445	445	426 (b) place the ethics complaint on the agenda for consideration at that hearing.
446	446	427 (2) (a) The complainants may not amend the complaint.
447	447	428 (b) The respondent may not amend the response.
448	448	429 (c) The complainant and respondent may file with the committee, within 10 days of the
449	449	430date of issuance of the commission's recommendations, an amended list of witnesses and 02-24-23 3:25 PM H.J.R. 27
450	450	- 15 -
451	451	431evidence that they wish to have subpoenaed by the committee.
452	452	432 Section 12. JR6-3-402, which is renumbered from Section JR6-4-302
453	453	433[JR6-4-302]. JR6-3-402. Review of ethics complaint by Ethics Committee.
454	454	434 (1) The scope of the committee's review is limited to the alleged violations found to
455	455	435have been proven by the commission, as pled in the edited complaint and the edited response
456	456	436provided by the commission.
457	457	437 (2) (a) Before holding the hearing for review of the complaint as scheduled in
458	458	438[JR6-4-301] JR6-3-401, the chair may schedule a separate meeting of the committee to:
459	459	439 (i) hear motions or arguments from the parties, including hearing motions or arguments
460	460	440relating to dismissal of a complaint, admission of evidence, or procedures; or
461	461	441 (ii) hold a vote of the committee, with or without the attendance of the parties, on
462	462	442procedural or committee business matters relating to a complaint.
463	463	443 (b) Notwithstanding [JR6-4-301] JR6-3-401, the committee may, by a majority vote,
464	464	444change the date of the hearing scheduled in [JR6-4-301] JR6-3-401 in order to accommodate:
465	465	445 (i) a meeting authorized under Subsection (2)(a); or
466	466	446 (ii) necessary scheduling requirements.
467	467	447 (3) (a) The committee shall comply with the Utah Rules of Evidence, except where the
468	468	448committee determines, by majority vote, that a rule is not compatible with the requirements of
469	469	449this title.
470	470	450 (b) The chair shall make rulings on admissibility of evidence consistent with the
471	471	451provisions of [JR6-4-202] JR6-3-302.
472	472	452 (4) (a) A meeting or hearing held under this [Chapter 4, Part 3, Review of Ethics
473	473	453Complaint by Ethics Committee] Part 4, Procedures for Reviewing Ethics Complaints:
474	474	454 (i) is subject to the requirements of Utah Code Title 52, Chapter 4, Open and Public
475	475	455Meetings Act; and
476	476	456 (ii) may be closed by a majority vote of the committee, held in the public portion of the
477	477	457meeting, for:
478	478	458 (A) any purpose permitted under Utah Code Section 52-4-205;
479	479	459 (B) the purpose of discussing legal, evidentiary, or procedural matters with the
480	480	460committee or staff; or
481	481	461 (C) deliberations, as provided in [JR6-4-304] JR6-3-404. H.J.R. 27 02-24-23 3:25 PM
482	482	- 16 -
483	483	462 (b) Only committee members, committee staff, and necessary security personnel may
484	484	463attend a closed meeting.
485	485	464 (5) If a majority of the committee determines that a continuance of a meeting or
486	486	465hearing is necessary to obtain further evidence and testimony, to accommodate administrative
487	487	466needs, or to accommodate the attendance of committee members, witnesses, or a party, the
488	488	467chair or committee shall:
489	489	468 (a) adjourn and continue the hearing or meeting to a future date and time; and
490	490	469 (b) establish that future date and time by majority vote.
491	491	470 Section 13. JR6-3-403, which is renumbered from Section JR6-4-303
492	492	471[JR6-4-303]. JR6-3-403. Record -- Recording of meetings.
493	493	472 (1) (a) Except as provided in Subsection (1)(b), an individual may not use a camera or
494	494	473other recording device in any meeting authorized by this part.
495	495	474 (b) (i) The committee shall keep an audio or video recording of all portions of each
496	496	475meeting authorized by this part.
497	497	476 (ii) If the committee elects, by a majority vote, to release the committee's finding and
498	498	477order in a public meeting, that meeting may, upon a majority vote of the committee, be opened
499	499	478to cameras or other recording devices.
500	500	479 (2) In addition to the recording required in Subsection (1), the chair shall ensure that a
501	501	480record of each hearing or meeting is made, which shall include:
502	502	481 (a) official minutes taken during the meeting or hearing, if any;
503	503	482 (b) copies of all documents or other items admitted into evidence;
504	504	483 (c) copies of any documents, written orders, or written rulings issued by the chair or the
505	505	484committee; and
506	506	485 (d) any other information that a majority of the committee or the chair directs.
507	507	486 (3) (a) Except as provided in Subsection (3)(b), all recordings, testimony, evidence,
508	508	487and other records of meetings and hearings authorized by this part are public records.
509	509	488 (b) All recordings, minutes, and other records produced during a closed meeting
510	510	489authorized under this part are classified as private records under Utah Code Section 63G-2-302.
511	511	490 Section 14. JR6-3-404, which is renumbered from Section JR6-4-304
512	512	491[JR6-4-304]. JR6-3-404. Process for making a decision -- Deliberations -- Voting
513	513	492in public meeting. 02-24-23 3:25 PM H.J.R. 27
514	514	- 17 -
515	515	493 (1) After each party has presented a closing argument, the committee shall deliberate in
516	516	494a closed meeting:
517	517	495 (a) immediately after conclusion of the closing arguments; or
518	518	496 (b) at a future meeting of the committee, on a date and time determined by a majority
519	519	497of the members of the committee.
520	520	498 (2) The chair of the committee shall conduct the deliberations.
521	521	499 (3) During the deliberations, committee members may:
522	522	500 (a) discuss evidence and testimony;
523	523	501 (b) discuss and debate whether an allegation was proven or not proven;
524	524	502 (c) discuss and debate what actions should be taken or not taken against the respondent
525	525	503in relation to each allegation;
526	526	504 (d) discuss and debate any other matter related to the allegations in the complaint that
527	527	505is before the committee; and
528	528	506 (e) conduct, at the call of the chair or a majority of the members of the committee, a
529	529	507non-binding straw poll on any matter related to the complaint.
530	530	508 (4) (a) Notwithstanding JR6-2-306, and except as provided in Subsection (4)(b), from
531	531	509the time of completion of closing arguments through the time that the written finding and order
532	532	510are publicly issued, a committee member may not discuss any of the following matters with any
533	533	511other person outside of official committee deliberations:
534	534	512 (i) the substance or specifics of the allegations, testimony, or evidence of the complaint
535	535	513under review;
536	536	514 (ii) a committee member's intended vote;
537	537	515 (iii) a committee member's recommendation for actions to be taken or not taken against
538	538	516the respondent in relation to the complaint; or
539	539	517 (iv) any other non-administrative matter related to the complaint.
540	540	518 (b) During deliberations, committee members may privately consult with staff for the
541	541	519purpose of discussing legal, evidentiary, or procedural matters.
542	542	520 (5) Deliberations shall continue until they are concluded or continued to another date
543	543	521and time:
544	544	522 (a) at the direction of the chair, subject to JR6-2-302; or
545	545	523 (b) upon a motion approved by a majority of the committee members. H.J.R. 27 02-24-23 3:25 PM
546	546	- 18 -
547	547	524 Section 15. JR6-3-405, which is renumbered from Section JR6-4-305
548	548	525[JR6-4-305]. JR6-3-405. Vote on allegations and recommendations -- Public
549	549	526meeting -- Standards -- Reconsideration.
550	550	527 (1) After conclusion of the deliberations, the committee shall meet in public and, for
551	551	528each allegation reviewed by the committee, vote on whether the allegation is:
552	552	529 (a) proven by clear and convincing evidence; or
553	553	530 (b) not proven.
554	554	531 (2) For any count that has been voted as proven, the committee shall, by a motion
555	555	532approved by a majority of the members of the committee, recommend one or more of the
556	556	533following actions:
557	557	534 (a) censure;
558	558	535 (b) expulsion;
559	559	536 (c) denial or limitation of any right, power, or privilege of the respondent, if, under the
560	560	537Utah Constitution, the Senate or House may impose that denial or limitation, and if the
561	561	538violation bears upon the exercise or holding of any right, power, or privilege; or
562	562	539 (d) any other action that the committee determines is appropriate.
563	563	540 (3) Votes shall be taken by verbal roll call and each member's vote shall be recorded.
564	564	541 (4) A count is not considered to be proven unless a majority of the committee votes
565	565	542that the count is proven.
566	566	543 (5) The committee, by a motion for reconsideration that is approved by a majority of
567	567	544the committee, may reconsider and hold a new vote provided that:
568	568	545 (a) a motion to reconsider a vote on whether an allegation was proven or not proven
569	569	546may only be made by a member of the committee who voted that the allegation was not proven;
570	570	547and
571	571	548 (b) a motion to reconsider a vote recommending an action against the respondent may
572	572	549only be made by a member of the committee who voted against the recommendation.
573	573	550 (6) A count that is not voted as "proven" by a majority of the members of the
574	574	551committee is dismissed.
575	575	552 (7) The committee may close the meeting for the purposes of further deliberations,
576	576	553subject to the requirements of [JR6-4-304] JR6-3-404:
577	577	554 (a) at the direction of the chair, subject to being overruled by the committee as 02-24-23 3:25 PM H.J.R. 27
578	578	- 19 -
579	579	555provided in JR6-2-302; or
580	580	556 (b) upon a motion approved by a majority of the members of the committee.
581	581	557 (8) After a final vote has been cast on each allegation and recommendation, the
582	582	558committee shall prepare the finding and order as provided in [JR6-4-306] JR6-3-406.
583	583	559 Section 16. JR6-3-406, which is renumbered from Section JR6-4-306
584	584	560[JR6-4-306]. JR6-3-406. Finding and order.
585	585	561 (1) (a) If the committee determines that no allegations in the complaint were proved,
586	586	562the committee shall prepare a finding and order that:
587	587	563 (i) lists the name of each complainant;
588	588	564 (ii) lists the name of the respondent;
589	589	565 (iii) states the date of the finding and order;
590	590	566 (iv) for each allegation contained in the complaint:
591	591	567 (A) provides a reference to the code of conduct or criminal provision alleged to have
592	592	568been violated; and
593	593	569 (B) states the number and names of committee members voting that the allegation was
594	594	570proved and the number and names of committee members voting that the allegation was not
595	595	571proved;
596	596	572 (v) order that the complaint is dismissed because no allegations in the complaint were
597	597	573found to have been proved;
598	598	574 (vi) provide any general statement that is adopted for inclusion in the recommendation
599	599	575by a majority of the committee members; and
600	600	576 (vii) states the name of each committee member.
601	601	577 (b) Each committee member shall sign the finding and order.
602	602	578 (2) (a) If the committee determines that one or more allegations in the complaint were
603	603	579proved, the committee shall issue a finding and order that:
604	604	580 (i) lists the name of each complainant;
605	605	581 (ii) lists the name of the respondent;
606	606	582 (iii) states the date of the finding and order;
607	607	583 (iv) for each allegation contained in the complaint:
608	608	584 (A) provides a reference to the code of conduct or criminal provision alleged to have
609	609	585been violated; H.J.R. 27 02-24-23 3:25 PM
610	610	- 20 -
611	611	586 (B) states the number and names of committee members voting that the allegation was
612	612	587proved and the number and names of committee members voting that the allegation was not
613	613	588proved;
614	614	589 (C) if the allegation was not found to have been proven, orders that the allegation be
615	615	590dismissed; and
616	616	591 (D) if the allegation was found to have been proven, contains:
617	617	592 (I) a description of any actions that the committee recommended be taken;
618	618	593 (II) the number and names of committee members voting in favor of each
619	619	594recommendation and the number and names of committee members voting against each
620	620	595recommendation;
621	621	596 (III) at the option of those members voting in favor of a recommendation, a statement
622	622	597by one or all of those members stating the reasons for making the recommendation; and
623	623	598 (IV) at the option of those members against a recommendation, a statement by one or
624	624	599all of those members stating the reasons for opposing the recommendation;
625	625	600 (v) contains any general statement that is adopted for inclusion in the finding and order
626	626	601by a majority of the committee members;
627	627	602 (vi) contains a statement directing that the finding be delivered to:
628	628	603 (A) for the Senate Ethics Committee, to the president of the Senate, the Senate
629	629	604majority leader, and the Senate minority leader; or
630	630	605 (B) for the House Ethics Committee, to the speaker of the House of Representatives,
631	631	606the House majority leader, and the House minority leader; and
632	632	607 (vii) states the name of each committee member.
633	633	608 (b) Each committee member shall sign the finding and order.
634	634	609 (3) A copy of the finding and order shall be made publicly available.
635	635	610 (4) A written copy of the finding and order shall be provided to:
636	636	611 (a) the respondent;
637	637	612 (b) the first complainant named on the complaint; and
638	638	613 (c) any individuals required to receive a copy as stated in the finding and order.
639	639	614 Section 17. JR6-4a-101 is enacted to read:
640	640	615 CHAPTER 4a. ETHICS COMMITTEES
641	641	616 Part 1. General Provisions 02-24-23 3:25 PM H.J.R. 27
642	642	- 21 -
643	643	617 JR6-4a-101. Definitions.
644	644	618 As used in this chapter:
645	645	619 (1) "Committee" means the Senate Ethics Committee or the House Ethics Committee
646	646	620created in JR6-2-101.
647	647	621 (2) "Ethics violation" means a legislator's:
648	648	622 (a) violation of the code of official conduct as provided in JR6-1-102;
649	649	623 (b) a violation of JR6-1-103;
650	650	624 (c) a conviction, of or a plea of guilty, to a crime involving moral turpitude; or
651	651	625 (d) a plea of no contest or a plea in abeyance to a crime involving moral turpitude.
652	652	626 Section 18. JR6-4a-102 is enacted to read:
653	653	627 JR6-4a-102. Convening an ethics committee.
654	654	628 (1) The president may convene the Senate Ethics Committee or the speaker may
655	655	629convene the House Ethics Committee in the exercise of the Senate's or House's authority under
656	656	630Utah Constitution, Article VI, Section 10, to judge the election and qualifications of its
657	657	631members or to punish its members for disorderly conduct.
658	658	632 (2) At the direction of the president or speaker, a committee convened under
659	659	633Subsection (1) may review any information or allegation relevant to the authority described in
660	660	634Utah Constitution, Article VI, Section 10, including an alleged ethics violation.
661	661	635 Section 19. JR6-4a-201 is enacted to read:
662	662	636 Part 2. Ethics Committee Procedures
663	663	637 JR6-4a-201. Review of allegations by ethics committee.
664	664	638 (1) At a committee's first meeting after being convened by the president or speaker, the
665	665	639committee may adopt procedures relating to the exercise of the committee's duties.
666	666	640 (2) In adopting procedures under Subsection (1), the committee shall consider
667	667	641procedures for witness testimony, admission of evidence, argument from affected individuals,
668	668	642and defense presentation.
669	669	643 (3) (a) A meeting or hearing held under this Chapter 4a, Ethics Committees:
670	670	644 (i) is subject to the requirements of Utah Code Title 52, Chapter 4, Open and Public
671	671	645Meetings Act; and
672	672	646 (ii) may be closed by a majority vote of the committee, taken in the public portion of
673	673	647the meeting, for: H.J.R. 27 02-24-23 3:25 PM
674	674	- 22 -
675	675	648 (A) any purpose permitted under Utah Code Section 52-4-205;
676	676	649 (B) the purpose of discussing legal, evidentiary, or procedural matters with the
677	677	650committee or the committee's staff; or
678	678	651 (C) deliberations, as provided in JR6-4a-203.
679	679	652 (b) Only committee members, committee staff, and necessary security personnel may
680	680	653attend a closed meeting.
681	681	654 (c) If a majority of the committee determines that a continuance of a meeting or
682	682	655hearing is necessary to obtain further evidence and testimony, to accommodate administrative
683	683	656needs, or to accommodate the attendance of committee members, witnesses, or a party, the
684	684	657chair or committee shall:
685	685	658 (i) adjourn and continue the hearing or meeting to a future date and time; and
686	686	659 (ii) establish that future date and time by majority vote.
687	687	660 Section 20. JR6-4a-202 is enacted to read:
688	688	661 JR6-4a-202. Record -- Recording of meetings.
689	689	662 (1) (a) Except as provided in Subsection (1)(b), an individual may not use a camera or
690	690	663other recording device in any meeting authorized by this part.
691	691	664 (b) (i) The committee shall keep an audio or video recording of all portions of each
692	692	665meeting authorized by this part.
693	693	666 (ii) If the committee elects to release the committee's finding and order in a public
694	694	667meeting as provided in JR6-4a-205, the committee may by majority vote allow the use of
695	695	668cameras or other recording devices in the meeting.
696	696	669 (2) In addition to the recording required in Subsection (1), the chair shall ensure that a
697	697	670record of each hearing or meeting is made and includes:
698	698	671 (a) official minutes taken during the meeting or hearing, if any;
699	699	672 (b) copies of all documents or other items admitted into evidence;
700	700	673 (c) copies of any documents, written orders, or written rulings issued by the chair or the
701	701	674committee; and
702	702	675 (d) any other information that a majority of the committee or the chair directs.
703	703	676 (3) (a) Except as provided in Subsection (3)(b), all recordings, testimony, evidence,
704	704	677and other records of meetings and hearings authorized by this part are public records.
705	705	678 (b) All recordings, minutes, and other records produced during a closed meeting 02-24-23 3:25 PM H.J.R. 27
706	706	- 23 -
707	707	679authorized under this part are classified as private records under Utah Code Section 63G-2-302.
708	708	680 Section 21. JR6-4a-203 is enacted to read:
709	709	681 JR6-4a-203. Deliberations.
710	710	682 (1) After the committee concludes the committee's fact finding, the committee shall
711	711	683deliberate in a closed meeting.
712	712	684 (2) During deliberations, the committee may:
713	713	685 (a) discuss evidence and testimony;
714	714	686 (b) discuss and debate whether an allegation was proven or not proven;
715	715	687 (c) discuss and debate what actions should be taken or not taken against the respondent
716	716	688in relation to each allegation;
717	717	689 (d) discuss and debate any other matter related to the allegations in the complaint that
718	718	690is before the committee; and
719	719	691 (e) conduct, at the call of the chair or a majority of the members of the committee, a
720	720	692non-binding straw poll on any issue related to the matter under consideration.
721	721	693 Section 22. JR6-4a-204 is enacted to read:
722	722	694 JR6-4a-204. Recommendations.
723	723	695 (1) After the committee completes deliberations, the committee shall hold a public
724	724	696meeting to:
725	725	697 (a) report and adopt the committee's findings and conclusions; and
726	726	698 (b) at the committee's discretion, recommend by majority vote one or more of the
727	727	699following actions:
728	728	700 (i) censure;
729	729	701 (ii) expulsion;
730	730	702 (iii) denial or limitation of any right, power, or privilege of the respondent, if, under the
731	731	703Utah Constitution, the Senate or House may impose that denial or limitation, and if the
732	732	704violation bears upon the exercise or holding of any right, power, or privilege; or
733	733	705 (iv) any other action that the committee determines is appropriate.
734	734	706 (2) At the chair's direction or by majority vote of the committee, the committee may
735	735	707close the meeting for the purpose of further deliberations.
736	736	708 Section 23. JR6-4a-205 is enacted to read:
737	737	709 JR6-4a-205. Finding and order. H.J.R. 27 02-24-23 3:25 PM
738	738	- 24 -
739	739	710 (1) Based on the committee's report and recommendations under JR6-4a-204, the
740	740	711committee shall issue a finding and order that:
741	741	712 (a) reflects the committee's findings and conclusions;
742	742	713 (b) includes any recommended action; and
743	743	714 (c) states the date of the finding and order.
744	744	715 (2) The committee may elect by majority vote to release the committee's finding and
745	745	716order in a public meeting.
746	746	717 (3) The chair shall ensure that a copy of the finding and order is publicly available.