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Joint Rules Resolution - Legislative Process Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: Lincoln Fillmore
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LONG TITLE
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General Description:
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This joint rules resolution modifies legislative processes and procedures.
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Highlighted Provisions:
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This resolution:
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▸ defines terms;
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▸ removes the requirement that the Senate and House Rules committees meet annually to
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review joint rules;
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▸ addresses the process to direct a roll call vote during an electronic meeting;
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▸ modifies legislative staff offices' reporting requirement related to performance measures;
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▸ requires the Executive Appropriations Committee to meet annually to approve legislative
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staff offices' budgets and certify the Legislature's budget to the governor;
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▸ provides legislators the right to attend appropriations committee meetings, subject to
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certain restrictions;
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▸ clarifies how requests for legislation, priority request designations, and legislation are
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treated when the chief sponsor is:
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● unable to serve in the next annual general session; or
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● elected or appointed to serve in the opposite chamber;
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▸ addresses the circumstances under which the Office of Legislative Research and General
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Counsel removes a committee note;
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▸ clarifies the order in which the Office of Legislative Research and General Counsel
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numbers legislation;
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▸ clarifies the days of the week the Senate and House give preference for the other
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chamber's legislation;
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▸ prohibits transferring sponsorship on legislation more than once;
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▸ modifies the consideration of an amendment or substitute legislation made in the other
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chamber;
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▸ modifies deadlines related to the passage of the final appropriations bill and fiscal note
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bills;
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▸ clarifies reimbursement procedures related to legislative travel;
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▸ requires that when a legislative committee creates a subcommittee, the members must
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include at least one senator and one representative;
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▸ authorizes the chairs of the Legislative Process Committee to independently open a
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committee bill file, subject to certain requirements;
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▸ prohibits the chief sponsor of a committee bill from altering the bill before the bill is
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numbered for introduction, except altering to make a technical correction; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Legislative Rules Affected:
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AMENDS:
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JR1-1-102
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JR1-1-104
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JR1-4-402
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JR1-4-602
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JR3-2-402
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JR4-1-101
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JR4-1-401
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JR4-2-101
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JR4-2-103
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JR4-2-201
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JR4-2-202
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JR4-2-203
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JR4-2-401
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JR4-2-501
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JR4-3-102
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JR4-3-105
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JR4-3-108
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JR4-4-101
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JR4-4-203
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JR5-2-101
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JR5-2-102
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JR5-2-103
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JR5-4-101
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JR7-1-101
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JR7-1-411
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JR7-1-601.5
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JR7-1-602
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JR7-1-610
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ENACTS:
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JR3-2-710
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REPEALS AND REENACTS:
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JR4-2-102
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Be it resolved by the Legislature of the state of Utah:
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Section 1. JR1-1-102 is amended to read:
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JR1-1-102 . Adoption of legislative rules.
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(1)[(a)] At the beginning of each legislative session, the Legislature shall adopt Joint
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Rules by a constitutional two-thirds vote of all senators and representatives.
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[(b)] (2) Except as provided in Subsection [(1)(c)] (3), after the initial adoption of Joint
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Rules, the Legislature may adopt additional Joint Rules or amend or repeal existing Joint
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Rules by a constitutional majority vote.
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[(c)] (3) The Legislature may adopt or amend a Joint Rule that includes a voting
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requirement of more than a constitutional majority only by a constitutional two-thirds
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vote of all senators and representatives.
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[(2) The Senate and House Rules Committees shall:]
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[(a) meet before each annual general session of the Legislature convenes;]
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[(b) review Joint Rules; and]
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[(c) recommend to the Legislature any modifications that they consider necessary.]
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Section 2. JR1-1-104 is amended to read:
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JR1-1-104 . Single chamber's authority to suspend Joint Rules.
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(1) Except as provided in Subsection (2), a single chamber may not suspend a Joint Rule.
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(2) A single chamber may suspend by motion and majority vote one or more of the
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following rules:
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(a) JR2-1-103;
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(b) JR4-3-103(2);
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(c) JR4-3-105;
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(d) JR4-3-302;
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(e) [JR4-4-101(2)(b)] JR4-4-101(3)(b);
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(f) JR4-4-201; or
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(g) JR4-4-202.
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(3) A motion and vote under Subsection (2) is valid only if the legislator making the motion
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identifies in the motion each rule the legislator intends to suspend.
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Section 3. JR1-4-402 is amended to read:
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JR1-4-402 . Meeting format and participation -- Electronic meeting policy.
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(1) In accordance with this part and Utah Code Title 52, Chapter 4, Open and Public
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Meetings Act, a legislative public body may convene and conduct a meeting of the
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legislative public body as an electronic meeting, subject to budget, public policy, and
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logistical considerations.
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(2)(a) Except as allowed under this rule, a member of a legislative public body who
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attends a meeting of the legislative public body, including an electronic meeting,
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shall attend the meeting in person.
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(b) A member of a legislative public body may attend an electronic meeting of the
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legislative public body by electronic means only if the member:
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(i) has a specified reason; and
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(ii) informs:
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(A) the presiding officer or the presiding officer's designee; or
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(B) the chair or the chair's designee.
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(c) A legislative public body shall provide a description of how to electronically connect
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to an electronic meeting:
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(i) to each member authorized to attend the meeting by electronic means under
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Subsection (2)(b); and
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(ii)(A) 24 hours before the meeting is scheduled to begin; or
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(B) if it is impracticable to comply with the 24-hour requirement in Subsection
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(2)(c)(ii)(A), as soon as possible before the meeting begins.
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(3) The presiding officer or the chair of a legislative public body shall conduct an electronic
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meeting of the legislative public body from the anchor location.
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(4) When a legislative public body convenes an electronic meeting, a member of the
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legislative public body is considered present for all purposes, including determining a
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quorum, only if the member is:
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(a) present in person at the anchor location; or
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(b) participating in the meeting by electronic means.
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(5) When a member of a legislative public body attends a meeting of the legislative public
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body by electronic means in accordance with this part, the member shall ensure that:
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(a) if participating via video conference, the member's attire and appearance are
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consistent with the attire and appearance that would be expected if the member were
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attending the meeting in person; and
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(b) the member's location:
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(i) reflects the dignity of the meeting, particularly if the member is attending via
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video conference; and
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(ii) is free from any sight or noise that:
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(A) can be seen or heard by others during the meeting; and
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(B) is extraneous, distracting, disruptive, or inappropriate.
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(6) A member of a legislative public body may not attend a meeting by electronic means
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while engaging in any activity that would be abnormal or prohibited if the member were
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attending the meeting in person, including operating a motor vehicle.
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(7) In accordance with Utah Code Section 52-4-207[, ] :
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(a) a legislative public body that convenes and conducts an electronic meeting may
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provide a means by which members of the public who are not physically present at
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the anchor location may attend the meeting by electronic means; and
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(b) a chair, or a legislative body by majority vote, may direct a roll call vote during an
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electronic meeting.
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(8) Notwithstanding the other provisions of this rule:
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(a) any member of a legislative public body may attend an emergency electronic meeting
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by electronic means; and
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(b) the presiding officer or the chair of a legislative public body may conduct an
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emergency electronic meeting of the legislative public body remotely by electronic
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means.
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Section 4. JR1-4-602 is amended to read:
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JR1-4-602 . Performance reporting.
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Each legislative office shall:
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(1) develop performance measures to include in an appropriations act for each fiscal year;
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and
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(2) annually submit to the [Subcommittee on Oversight created in Utah Code Section
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36-12-8.1] Legislative Management Committee created in Utah Code Section 36-12-6 a
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report that contains:
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(a) any recommendations for legislative changes for the next fiscal year to the office's
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previously adopted performance measures; and
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(b) the final status of the office's performance measures included in the appropriations
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act for the fiscal year ending the previous June 30.
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Section 5. JR3-2-402 is amended to read:
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JR3-2-402 . Executive appropriations -- Duties -- Base budgets.
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(1)(a) The Executive Appropriations Committee shall meet no later than the third
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Wednesday in December to:
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(i) direct staff as to what revenue estimate to use in preparing budget
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recommendations, to include a forecast for federal fund receipts;
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(ii) consider treating above-trend revenue growth as one-time revenue for major tax
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types and for federal funds;
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(iii) hear a report on the historical, current, and anticipated status of the following:
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(A) debt;
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(B) long term liabilities;
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(C) contingent liabilities;
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(D) General Fund borrowing;
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(E) reserves;
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(F) fund balances;
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(G) nonlapsing appropriation balances;
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(H) cash funded infrastructure investment; and
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(I) changes in federal funds paid to the state;
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(iv) hear a report on:
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(A) the next fiscal year base budget appropriation for Medicaid accountable care
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organizations according to Utah Code Section 26B-3-203;
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(B) an explanation of program funding needs;
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(C) estimates of overall medical inflation in the state; and
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(D) mandated program changes and their estimated cost impact on Medicaid
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accountable care organizations;
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(v) decide whether to set aside special allocations for the end of the session, including
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allocations:
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(A) to address any anticipated reduction in the amount of federal funds paid to the
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state; and
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(B) of one-time revenue to pay down debt and other liabilities;
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(vi)(A) hear a report on construction inflation and the ongoing operation and
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maintenance costs of any capital development project requested by an
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institution under Utah Code Section 53B-2a-117 or 53B-22-204; and
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(B) in response to the report described in Subsection (1)(a)(vi)(A), decide whether
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to adjust the next fiscal year base budget or set aside special allocations for the
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end of the session;
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(vii) decide whether to set aside special allocations for legislation that will reduce
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taxes, including legislation that will reduce one or more tax rates;
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(viii) subject to Subsection (1)(c), unless waived by majority vote, if the amortization
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rate as defined in Utah Code Section 49-11-102 for the new fiscal year is less than
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the amortization rate for the preceding fiscal year, set aside an amount equal to the
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value of the reduction in the amortization rate;
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(ix) approve the appropriate amount for each subcommittee to use in preparing its
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budget;
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(x) set a budget figure; and
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(xi) adopt a base budget in accordance with Subsection (1)(b) and direct the
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legislative fiscal analyst to prepare one or more appropriations acts appropriating
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one or more base budgets for the next fiscal year.
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(b) In a base budget adopted under Subsection (1)(a), the Executive Appropriations
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Committee shall set appropriations from the General Fund, the Income Tax Fund,
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and the Uniform School Fund as follows:
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(i) if the next fiscal year ongoing revenue estimates set under Subsection (1)(a)(i) are
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equal to or greater than the current fiscal year ongoing appropriations, the new
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fiscal year base budget is not changed;
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(ii) if the next fiscal year ongoing revenue estimates set under Subsection (1)(a)(i) are
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less than the current fiscal year ongoing appropriations, the new fiscal year base
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budget is reduced by the same percentage that projected next fiscal year ongoing
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revenue estimates are lower than the total of current fiscal year ongoing
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appropriations;
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(iii) in making a reduction under Subsection (1)(b)(ii), appropriated debt service shall
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not be reduced, and other ongoing appropriations shall be reduced, in an amount
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sufficient to make the total ongoing appropriations, including the unadjusted debt
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service, equal to the percentage calculated under Subsection (1)(b)(ii); and
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(iv) the new fiscal year base budget shall include an appropriation to the Department
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of Health and Human Services for Medicaid accountable care organizations in the
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amount required by Utah Code Section 26B-3-203.
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(c)(i) The Executive Appropriations Committee shall:
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(A) comply with the set aside requirement described in Subsection (1)(a)(vii)
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using money from the General Fund, Income Tax Fund, and Uniform School
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Fund;
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(B) accumulate money set aside under Subsection (1)(a)(vii) across fiscal years;
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and
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(C) when the total amount set aside under Subsection (1)(a)(vii), including any
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amount to be set aside in the new fiscal year, equals or exceeds the cost of a
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0.50% increase in benefited state employee salaries for the new fiscal year,
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include in the base budget an increase in benefited state employee salaries
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equal to the total set aside amount.
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(ii) The Executive Appropriations Committee may waive or modify a requirement
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described in Subsection (1)(c)(i) by majority vote.
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(d) The chairs of each joint appropriations subcommittee are invited to attend [this
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meeting] the meeting described in this Subsection (1).
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(2) All proposed budget items shall be submitted to one of the subcommittees named in
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JR3-2-302 for consideration and recommendation.
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(3)(a) After receiving and reviewing subcommittee reports, the Executive
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Appropriations Committee may refer the report back to a joint appropriations
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subcommittee with any guidelines the Executive Appropriations Committee
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considers necessary to assist the subcommittee in producing a balanced budget.
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(b) The subcommittee shall meet to review the new guidelines and report the
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adjustments to the chairs of the Executive Appropriations Committee as soon as
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possible.
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(4)(a) After receiving the reports, the Executive Appropriations Committee chairs will
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report them to the Executive Appropriations Committee.
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(b) The Executive Appropriations Committee shall:
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(i) make any further adjustments necessary to balance the budget; and
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(ii) complete all decisions necessary to draft the final appropriations bills no later
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than the last Friday before the 45th day of the annual general session.
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(5) No later than December 1 of each calendar year, the Executive Appropriations
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Committee shall:
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(a) review the budget for the Office of the Legislative Fiscal Analyst, the Office of
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Legislative Research and General Counsel, the Office of the Legislative Auditor
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General, and the Office of Legislative Services; and
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(b) certify the Legislature's budget to the governor in accordance with Utah Code
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Section 63J-1-201.
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Section 6. JR3-2-710 is enacted to read:
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JR3-2-710 . Right of legislators to attend appropriations committee meetings.
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(1) Any member of the Legislature may:
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(a) attend any meeting of an appropriations committee or subcommittee, unless the
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meeting is closed in accordance with Utah Code Title 52, Chapter 4, Open and Public
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Meetings Act; and
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(b) if recognized by the chair, present the legislator's views on the subject under
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consideration.
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(2) A legislator who attends a meeting of an appropriations committee or subcommittee of
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which the legislator is not a member may not:
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(a) make a motion; or
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(b) vote.
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Section 7. JR4-1-101 is amended to read:
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JR4-1-101 . Definitions.
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As used in this title:
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(1) "Bill" means legislation introduced for consideration by the Legislature that does any,
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some, or all of the following to Utah statutes:
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(a) amends;
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(b) enacts;
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(c) repeals;
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(d) repeals and reenacts; or
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(e) renumbers and amends.
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(2) "Boldface" means the brief descriptive summary of the contents of a statutory section
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prepared by the Office of Legislative Research and General Counsel that is printed for
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each title, chapter, part, and section of the Utah Code.
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(3) "Concurrent resolution" means a written proposal of the Legislature and governor,
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which, to be approved, must be passed by both chambers of the Legislature and
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concurred to by the governor.
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(4) "Constitutional joint resolution" means a joint resolution proposing to amend, enact, or
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repeal portions of the Utah Constitution which, to be approved for submission to the
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voters, must be passed by a two-thirds vote of both chambers of the Legislature.
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(5) "Drafting instructions" means:
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(a) specific information concerning the change or addition to law or policy that a
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legislator intends to propose through legislation; or
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(b) a specific situation or concern that a legislator intends to address through legislation.
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(6) "House resolution" means a written proposal of the House of Representatives which, to
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be approved, must be passed by the House of Representatives.
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(7) "Joint resolution" means a written proposal of the Legislature which, to be approved,
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must be passed by both chambers of the Legislature, including a constitutional joint
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resolution.
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(8) "Laws of Utah" means all of the laws currently in effect in Utah.
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(9) "Legislation" means a bill or resolution introduced for consideration by the Legislature.
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(10) "Legislative sponsor" means:
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(a) the chief sponsor under JR4-2-103; or
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(b) the legislator designated by the chief sponsor to be the opposite chamber floor
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sponsor.
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[(10)] (11) "Request for legislation" means a formal request from a legislator or an
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authorized legislative committee that the Office of Legislative Research and General
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Counsel prepare a bill or resolution.
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[(11)] (12) "Resolution" includes a joint resolution, concurrent resolution, House resolution,
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and Senate resolution.
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[(12)] (13) "Senate resolution" means a written proposal of the Senate which, to be
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approved, must be passed by the Senate.
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[(13)] (14) "Statute" means a law that has met the constitutional requirements for enactment.
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[(14)] (15) "Statutory section" means the unique unit of the laws of Utah that is identified by
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a title, chapter, and section number.
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Section 8. JR4-1-401 is amended to read:
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Part 4. Amendments
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JR4-1-401 . Requesting amendments -- Identifying adopted amendments in
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context.
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(1)(a) Except as provided in Subsection (1)(b):
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(i) only a senator may request an amendment for introduction in a Senate standing
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committee or on the Senate floor; and
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(ii) only a representative may request an amendment for introduction in a House
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standing committee or on the House floor.
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(b) A legislative sponsor of the legislation may request an amendment for introduction
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in a Senate or House standing committee, regardless of whether the legislator is a
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senator or a representative.
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[(1)] (2) When a Senate committee or floor amendment is adopted in the Senate, the Senate
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amendment shall be noted in the legislation with additional spacing and markers
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indicating the beginning and ending of the adopted Senate amendment.
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[(2)] (3) When a House committee or floor amendment is adopted in the House, the House
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amendment shall be noted in the legislation with additional spacing and markers
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indicating the beginning and ending of the adopted House amendment.
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[(3)(a) Notwithstanding JR4-1-201, and except as provided in Subsection (3)(b), when
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an additional section from the Utah Code is added to a bill by amendment:]
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[(i) all of the language in the section that is to be repealed must appear between
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brackets with the letters struck through; and]
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[(ii) all of the new language in the section that is proposed to be enacted by the bill
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must be underlined.]
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[(b) If the additional section added to the bill by amendment is to be repealed, the text of
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the repealed section need not be included.]
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Section 9. JR4-2-101 is amended to read:
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JR4-2-101 . Requests for legislation -- Timing.
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(1) As used in this rule, "appointed legislator" means:
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(a) an incumbent legislator appointed to replace another legislator who resigns or is
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unable to serve; or
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(b) an individual appointed to replace a legislator who resigns or is unable to serve.
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(2)(a) A legislator wishing to introduce a bill or resolution shall file a request for
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legislation with the Office of Legislative Research and General Counsel within the
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time limits established by this rule.
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(b) The request for legislation shall:
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(i) designate the chief sponsor, who is knowledgeable about and responsible for
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providing pertinent information as the legislation is drafted; and
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(ii) include drafting instructions for the legislation.
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(c)(i)(A) The chief sponsor may modify the drafting instructions provided in
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accordance with Subsection [(1)(b)(ii) ] (2)(b)(ii) only if the modified drafting
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instructions do not deviate from the core subject matter of the original drafting
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instructions.
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(B) The Office of Legislative Research and General Counsel shall apply the
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standard described in Subsection [(1)(c)(i)(A) ] (2)(c)(i)(A) in a manner that
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favors the chief sponsor.
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(ii) If the chief sponsor wishes to modify the drafting instructions in a manner
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prohibited under Subsection [(1)(c)(i), ] (2)(c)(i), the chief sponsor shall file a new,
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separate request for legislation in accordance with this rule.
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[(2)] (3)(a) Any legislator may file a request for legislation beginning 60 days after the
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Legislature adjourns its annual general session sine die.
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(b) A legislator-elect may file a request for legislation beginning on:
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(i) the day after:
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(A) [ ] for a single county race, the date on which the county election canvass is
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completed; or
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(B) for a multi-county race, the date on which the statewide election canvass is
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completed; or
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(ii) if the legislator-elect's election results have not been finalized as of the canvass
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date, the day after the date the election results for the legislator-elect's race are
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finalized.
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(c)(i) An incumbent legislator may not file any requests for legislation as of the date
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that the legislator:
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(A) fails to file to run for election to a seat in the Legislature;
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(B) is ineligible to be included on the ballot for the election in which the legislator
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would have sought an additional term; or
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(C) fails to win reelection and the legislator's opponent is eligible to file a request
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for legislation under Subsection [(2)(b)] (3)(b).
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(ii) Subsection [(2)(c)(i)] (3)(c)(i) does not apply to a request for legislation for:
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(A) a general session that occurs while the legislator is in office; or
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(B) a special session that occurs while the legislator is in office.
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[(d)(i) If, for any reason, a legislator who filed a request for legislation is unavailable
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to serve in the next annual general session, the former legislator may seek another
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legislator to assume sponsorship of each request for legislation filed by the
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legislator who is unavailable to serve.]
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[(ii) If the former legislator is unable to find another legislator to sponsor the
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legislation within 30 days, the Office of Legislative Research and General
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Counsel shall abandon each request for legislation from the legislator who is
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unavailable to serve.]
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[(e)] (d)(i) Except as provided in Subsection (3)(e), if a legislator who filed a request
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for legislation is unable to serve in the next annual general session for any reason,
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the former legislator may seek another legislator to assume sponsorship of the
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former legislator's legislation.
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(ii) If a former legislator is unable to find another legislator to assume sponsorship
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under Subsection (3)(d)(i), the Office of Legislative Research and General
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Counsel shall abandon each request the earlier of:
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(A) 30 days after the day on which the former legislator is unable to serve; or
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(B) noon on the 11th day of the annual general session.
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(iii) The 30-day time period described in Subsection (3)(d)(ii)(A) begins:
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(A) for a legislator who resigns, the date on which the legislator submits the
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legislator's resignation;
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(B) for a legislator who does not win reelection, the date on which the applicable
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election canvass is complete; or
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(C) for any other circumstance, the day on which a legislator is no longer able to
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serve.
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(e)(i) If a legislator dies while in office and is the chief sponsor of one or more
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requests for legislation or pieces of legislation, the individual appointed to the
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legislator's seat may assume sponsorship of each request for legislation or piece of
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legislation.
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(ii) If the individual appointed to the legislator's seat chooses not to assume
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sponsorship of one or more of the legislator's requests for legislation or pieces of
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legislation, the following individual shall seek another legislator to assume
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sponsorship of each request for legislation or piece of legislation:
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(A) if the legislator was a member of the House majority caucus, the House
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majority leader;
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(B) if the legislator was a member of the House minority caucus, the House
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minority leader;
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(C) if the legislator was a member of the Senate majority caucus, the Senate
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majority leader; or
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(D) if the legislator was a member of the Senate minority caucus, the Senate
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minority leader.
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(iii) If the individual described in Subsection [(2)(e)(ii)] (3)(e)(ii) does not find a new
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sponsor for a request for legislation, the Office of Legislative Research and
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General Counsel shall abandon the request for legislation.
447
(f)(i) A legislator-elect who is an incumbent legislator may retain any requests for
448
legislation the legislator-elect filed before the date described in Subsection (3)(b).
449
(ii) An appointed legislator who is an incumbent legislator may retain any requests
450
for legislation the appointed legislator filed before assuming the seat to which the
451
legislator is appointed.
452
[(3)] (4)(a) Except as provided in Subsection [(3)(c)] (4)(c), a legislator may not file a
453
request for legislation with the Office of Legislative Research and General Counsel
454
after noon on the 11th day of the annual general session.
455
(b) On the 11th day of the annual general session, the Office of Legislative Research and
456
General Counsel shall make public on the Legislature's website the short title and
457
sponsor of each request for legislation, unless the sponsor abandons the request for
458
legislation before noon on the 11th day of the annual general session.
459
(c)(i) After the 11th day of the annual general session, a legislator may file a request
460
for legislation only if:
461
(A) for House legislation, the representative makes a motion to request legislation
462
for drafting and introduction and that motion is approved by a constitutional
463
majority of the House; or
464
(B) for Senate legislation, the senator makes a motion to request legislation for
465
drafting and introduction and that motion is approved by a constitutional
466
majority vote of the Senate.
467
(ii) The Office of Legislative Research and General Counsel shall make public on the
468
Legislature's website the short title and sponsor of each request for legislation
469
described in this Subsection [(3)(c)] (4)(c).
470
[(4)] (5) After a request for legislation is abandoned, a legislator may not revive the request
471
for legislation.
472
[(5)] (6) A legislator wishing to obtain funding for a project, program, or entity, when that
- 14 - 02-05 17:44 H.J.R. 6
473
funding request does not require that a statute be enacted, repealed, or amended, may not
474
file a request for legislation but instead shall file a request for appropriation by following
475
the procedures and requirements of JR3-2-701.
476
Section 10. JR4-2-102 is repealed and reenacted to read:
477
JR4-2-102 . Drafting and prioritizing legislation.
478
(1) As used in this rule, "appointed legislator" means the same as that term is defined in
479
JR4-2-101.
480
(2) The Office of Legislative Research and General Counsel shall:
481
(a) draft requests for legislation on a first-in, first-out basis, except for legislation that is
482
prioritized under the provisions of this rule; and
483
(b) when sufficient drafting information is available, draft the following requests for
484
legislation before other requests for legislation, in the following order of priority:
485
(i) a committee bill, as that term is defined in JR7-1-101; and
486
(ii) a request for legislation designated as a priority request in accordance with this
487
rule.
488
(3)(a) Beginning the first day on which a legislator may file a request for legislation
489
under JR4-2-101:
490
(i) a representative may designate up to four requests for legislation as priority
491
requests, as follows:
492
(A) priority request one on or before November 15, or the following regular
493
business day if November 15 falls on a weekend or a holiday;
494
(B) priority request two on the first Thursday in December, or the following
495
business day if the first Thursday falls on a holiday;
496
(C) priority request three on or before the first Thursday in January, or the
497
following business day if the first Thursday falls on a holiday; and
498
(D) priority request four on or before the first Thursday of the annual general
499
session; and
500
(ii) a senator may designate up to five requests for legislation as priority requests, as
501
follows:
502
(A) priority requests one and two on or before November 15, or the following
503
regular business day if November 15 falls on a weekend or a holiday;
504
(B) priority request three on the first Thursday in December, or the following
505
business day if the first Thursday falls on a holiday;
506
(C) priority request four on or before the first Thursday in January, or the
- 15 - H.J.R. 6 02-05 17:44
507
following business day if the first Thursday falls on a holiday; and
508
(D) priority request five on or before the first Thursday of the annual general
509
session.
510
(b)(i) A legislator who fails to make a priority request on or before a deadline loses
511
that priority request.
512
(ii) Subsection (3)(b)(i) does not prohibit a legislator from using any remaining
513
priority requests that are associated with a later deadline, if available.
514
(4) A legislator may not:
515
(a) designate a request for legislation as a priority request unless the request:
516
(i) provides specific or conceptual information concerning the change or addition to
517
law or policy that the legislator intends the proposed legislation to make; or
518
(ii) identifies the specific situation or concern that the legislator intends the
519
legislation to address;
520
(b) revoke a priority designation once the priority has been requested;
521
(c) transfer a priority designation to a different request for legislation; or
522
(d) except as provided in Subsection (7), transfer a priority designation to another
523
legislator.
524
(5)(a)(i) A representative-elect who is not an incumbent legislator may designate up
525
to four priority requests as follows:
526
(A) priority requests one and two on or before the first Thursday in December, or
527
the following business day if the first Thursday falls on a holiday; and
528
(B) priority requests three and four in accordance with Subsections (3)(a)(i)(C)
529
and (D), respectively.
530
(ii) A representative-elect who is an incumbent senator may designate up to four
531
priority requests in accordance with the deadlines for representatives described in
532
Subsection (3)(a)(i).
533
(b)(i) A senator-elect who is not an incumbent legislator may designate up to five
534
priority requests as follows:
535
(A) priority requests one, two, and three on or before the first Thursday in
536
December, or the following business day if the first Thursday falls on a
537
holiday; and
538
(B) priority requests four and five in accordance with Subsections (3)(a)(ii)(C)
539
and (D), respectively.
540
(ii) A senator-elect who is an incumbent representative may designate up to five
- 16 - 02-05 17:44 H.J.R. 6
541
priority requests as follows:
542
(A) priority request one in accordance with Subsection (3)(a)(ii)(A);
543
(B) priority requests two and three on or before the first Thursday in December, or
544
the following business day if the first Thursday falls on a holiday; and
545
(C) priority requests four and five in accordance with Subsections (3)(a)(ii)(C)
546
and (D), respectively.
547
(6)(a) An appointed legislator may:
548
(i) if the appointed legislator is a representative, designate up to four requests for
549
legislation as priority requests, less the number of priority requests designated by
550
the appointed legislator's predecessor; or
551
(ii) if the appointed legislator is a senator, designate up to five requests for legislation
552
as priority requests, less the number of priority requests designated by the
553
appointed legislator's predecessor.
554
(b) The deadline for an appointed legislator to designate each priority request is the same
555
as the deadline that would apply if the designation were made by the appointed
556
legislator's predecessor.
557
(7) Notwithstanding Subsection (4)(d):
558
(a) a request for legislation designated as a priority request remains a priority request if
559
the request for legislation is transferred to another legislator in accordance with:
560
(i) JR4-2-102(2)(d) because the legislator resigned or was expelled from office; or
561
(ii) JR4-2-102(3)(e);
562
(b)(i) if a legislator-elect is an incumbent legislator who designated a priority request
563
before assuming the legislator-elect's new seat, the legislator-elect may:
564
(A) transfer the priority request in accordance with JR4-2-101(3)(d); or
565
(B) retain the priority request; and
566
(ii) if a legislator-elect retains or transfers a priority request under Subsection
567
(7)(b)(i), that priority request counts against the number of priority designations to
568
which the legislator-elect is entitled under Subsection (5); and
569
(c)(i) if an appointed legislator is an incumbent legislator who designated a priority
570
request before assuming the appointed legislator's new seat, the appointed
571
legislator may:
572
(A) transfer the priority request in accordance with JR4-2-101(3)(d); or
573
(B) retain the priority request; and
574
(ii) if an appointed legislator transfers or retains a priority request under Subsection
- 17 - H.J.R. 6 02-05 17:44
575
(7)(c)(i), that priority request:
576
(A) does not count toward the number of priority designations to which the
577
appointed legislator is entitled under Subsection (6); and
578
(B) does count toward the number of priority designations to which the individual
579
appointed to replace the appointed legislator is entitled under Subsection (6).
580
Section 11. JR4-2-103 is amended to read:
581
JR4-2-103 . Legislation -- Sponsorship.
582
(1)(a) The legislator who approves [the] a request for legislation for numbering is the
583
chief sponsor.
584
(b) The chief sponsor may withdraw sponsorship of the legislation by following the
585
procedures and requirements of Senate Rules or House Rules.
586
(c) Subject to JR4-2-102(4), the chief sponsor of the legislation cannot change more than
587
once.
588
(2)(a) Before or after the legislation is introduced, legislators from the same chamber as
589
the chief sponsor may have their names added to or deleted from the legislation as
590
co-sponsors by following the procedures and requirements of Senate Rules or House
591
Rules.
592
(b) Except as provided in Subsection (3), only legislators who are members of the same
593
chamber as the chief sponsor may co-sponsor legislation.
594
(3) Before the secretary of the Senate or the chief clerk of the House may transfer
595
legislation to the opposite chamber, the chief sponsor shall:
596
(a) designate a member of the opposite chamber as sponsor of the legislation for that
597
chamber; and
598
(b) provide the secretary or chief clerk with the name of that sponsor for designation on
599
the legislation.
600
(4)(a) Except as provided in JR4-2-101(3)(e), if a legislator is a chief sponsor of
601
legislation and is unable to serve in the next annual general session for any reason,
602
the former legislator may seek another legislator to assume sponsorship of the former
603
legislator's legislation.
604
(b) If a former legislator is unable to find another legislator to assume sponsorship under
605
Subsection (4)(a), the Office of Legislative Research and General Counsel shall
606
abandon each request the earlier of:
607
(i) 30 days after the day on which the former legislator is unable to serve; or
608
(ii) noon on the 11th day of the annual general session.
- 18 - 02-05 17:44 H.J.R. 6
609
(c) The 30-day time period described in Subsection (4)(b)(i) begins:
610
(i) for a legislator who resigns, the date on which the legislator submits the
611
legislator's resignation;
612
(ii) for a legislator who does not win reelection, the date on which the applicable
613
election canvass is complete; or
614
(iii) the day on which a legislator is no longer able to serve.
615
Section 12. JR4-2-201 is amended to read:
616
JR4-2-201 . Definitions.
617
As used in this part:
618
[(1) "Committee substitute" means a substitute bill or resolution that is prepared for
619
introduction in a Senate or House standing committee.]
620
[(2) "Floor substitute" means a substitute bill or resolution that is prepared for introduction
621
on the Senate or House floor.]
622
[(3)] (1)(a) "Germane" means that the substitute is relevant, appropriate, and in a natural
623
and logical sequence to the subject matter of the original legislation.
624
(b) "Germane" includes a substitute that changes the effect or is in conflict with the spirit
625
of the original legislation if the substance of the substitute can be encompassed
626
within the subject of the underlying bill.
627
[(4)] (2) "Replacement legislation" means a bill, resolution, or substitute that replaces the
628
original because of a technical error.
629
[(5)] (3) "Substitute" means a new bill or resolution that:
630
(a) replaces the old bill or resolution in title and body; and
631
(b) is germane to the subject of the original bill or resolution.
632
Section 13. JR4-2-202 is amended to read:
633
JR4-2-202 . Substitute bills or resolutions.
634
[(1)(a) By following the procedures and requirements of Senate or House rule, a
635
legislator may propose a committee substitute to any Senate or House legislation that
636
is under consideration by a committee of which the legislator is a member.]
637
[(b) By following the procedures and requirements of Senate or House rule, a legislator
638
may propose a floor substitute to any Senate or House legislation that is under
639
consideration by the chamber of which the legislator is a member.]
640
[(2)] (1)(a) To initiate drafting of a substitute, a legislator shall give instructions to the
641
attorney who drafted the legislation.
642
(b) Except as provided in Subsection (1)(c):
- 19 - H.J.R. 6 02-05 17:44
643
(i) only a senator may request a substitute for introduction in a Senate standing
644
committee or on the Senate floor; and
645
(ii) only a representative may request a substitute for introduction in a House
646
standing committee or on the House floor.
647
(c) A legislative sponsor of the legislation may request a substitute for introduction in a
648
Senate or House standing committee regardless of whether the legislator is a senator
649
or a representative.
650
[(3)] (2) After the substitute sponsor has approved the substitute, the Office of Legislative
651
Research and General Counsel shall:
652
(a) electronically set the line numbers of the substitute;
653
(b) assign a version number to the substitute; and
654
(c) distribute the substitute according to the substitute sponsor's instructions.
655
[(4)] (3)(a) Subject to the other provisions of this rule, after the original version of the
656
legislation is introduced, a rules committee, standing committee, or the Senate or
657
House of Representatives may adopt the original version of the legislation or any
658
substitute version of the legislation, regardless of the version number.
659
(b)(i) If the version of the legislation being adopted was previously adopted, but
660
replaced with a different version, the version of the legislation being adopted shall
661
be adopted as it was previously introduced, without any amendments that may
662
have been added to the introduced version.
663
(ii) An amendment described in Subsection [(4)(b)(i)] (3)(b)(i), or any other
664
amendment otherwise in order, may be proposed by a motion separate from the
665
motion to adopt that substitute or original version of the legislation.
666
(c) A rules committee, a standing committee, the Senate, and the House of
667
Representatives are prohibited from suspending the provisions of this Subsection [(4)]
668
(3).
669
Section 14. JR4-2-203 is amended to read:
670
JR4-2-203 . Replacement bills or resolutions.
671
(1) If the legislative general counsel determines that a numbered bill or resolution contains
672
a technical error, the Office of Legislative Research and General Counsel may prepare
673
and submit a replacement bill or resolution that corrects the error.
674
(2) A sponsor may not file, and legislative staff may not create, replacement legislation if:
675
(a) the original legislation has been approved by the sponsor;
676
(b) the legislation has been numbered; and
- 20 - 02-05 17:44 H.J.R. 6
677
(c) copies of the legislation have been distributed.
678
(3) Nothing in this rule prohibits a sponsor from preparing amendments to the original
679
legislation or one or more substitutes of the original legislation and proposing their
680
adoption [by a committee or by either chamber of which the legislator is a member] in
681
accordance with JR4-3-108.
682
Section 15. JR4-2-401 is amended to read:
683
JR4-2-401 . Committee notes -- Notations on bill.
684
(1) As used in this rule[,] :
685
(a) [ "authorized] "Authorized legislative committee" means the same as that term is
686
defined in JR7-1-101.
687
(b) "Committee note" means a notation that the Office of Legislative Research and
688
General Counsel places on legislation that receives a favorable recommendation from
689
an authorized legislative committee.
690
(c) "Technical correction" means a change that does not substantively alter legislation,
691
including:
692
(i) correcting obvious typographical and grammatical errors;
693
(ii) correcting obvious errors and inconsistencies involving punctuation,
694
capitalization, cross references, numbering, and wording;
695
(iii) modifying the long title of legislation, including a special clause, to ensure that
696
the long title accurately reflects the legislation's content;
697
(iv) replacing an outdated section of Utah Code with the section that is currently in
698
effect; or
699
(v) any combination of Subsections (1)(c)(i) through (iv).
700
(2) The Office of Legislative Research and General Counsel shall ensure that a committee
701
note includes:
702
(a) the name of the authorized legislative committee that recommended the legislation;
703
and
704
(b) the committee vote, listed by numbers of yeas, nays, and absent.
705
[(2) After an authorized legislative committee approves a motion to favorably recommend
706
draft legislation, the Office of Legislative Research and General Counsel shall note the
707
following on the legislation when the legislation is numbered for introduction as a bill:]
708
[(a) that the authorized legislative committee recommended the legislation; and]
709
[(b) the committee vote, listed by numbers of yeas, nays, and absent.]
710
(3)(a) Except as provided in Subsection (3)(b), the Office of Legislative Research and
- 21 - H.J.R. 6 02-05 17:44
711
General Counsel shall remove a committee note from legislation when the legislation
712
is amended or substituted.
713
(b) The Office of Legislative Research and General Counsel may not remove a
714
committee note from legislation if an amendment or substitute makes a technical
715
correction.
716
[(3)] (4) The Office of Legislative Research and General Counsel may not place a [note
717
described in Subsection (2) on a piece of ] committee note on legislation if the motion to
718
favorably recommend the draft legislation was made in violation of JR7-1-512(3).
719
Section 16. JR4-2-501 is amended to read:
720
JR4-2-501 . Numbering and distributing legislation.
721
(1) After receiving approval from [the] a chief sponsor under JR4-2-301, the Office of
722
Legislative Research and General Counsel shall:
723
[(1)] (a) proofread the legislation and perform other quality control measures;
724
[(2)] (b) indicate on the first page of the legislation that the drafting attorney has
725
approved the legislation for filing;
726
[(3)] (c) place a committee note on the legislation if required by JR4-2-401;
727
[(4)] (d) assign a number to the legislation to appear after the designation required by
728
JR4-1-202 and JR4-1-301;
729
[(5)] (e) electronically set the legislation's line numbers; and
730
[(6)] (f) distribute an electronic copy of the legislation as required by JR4-2-503.
731
(2) Subject to JR4-2-502, the Office of Legislative Research and General Counsel shall
732
number legislation in the following order:
733
(a) legislation recommended by an authorized legislative committee; and
734
(b) legislation in the order in which the legislation is approved by the sponsor for
735
numbering.
736
Section 17. JR4-3-102 is amended to read:
737
JR4-3-102 . Reference of legislation.
738
[(1)] During an annual general or special session of the Legislature, after [a piece of ]
739
legislation has been introduced and read for the first time, [it] the legislation shall be
740
referred to a committee or to the floor as provided in Senate or House Rules.
741
[(2) The secretary of the Senate and the chief clerk of the House or their designees shall
742
deliver all legislation assigned to a committee to the chair of that committee or to that
743
chair's designee.]
744
Section 18. JR4-3-105 is amended to read:
- 22 - 02-05 17:44 H.J.R. 6
745
JR4-3-105 . Calendaring legislation -- Preference for legislation of other chamber.
746
[During the third and fourth days] On Wednesday and Thursday of each week:
747
(1) the Senate shall consider House legislation appearing on the Senate calendar; and
748
(2) the House shall consider Senate legislation appearing on the House calendar.
749
Section 19. JR4-3-108 is amended to read:
750
JR4-3-108 . Consideration and action on legislation made in the other chamber.
751
(1) As used in this rule:
752
(a) "Committee amendment sponsor" means the legislator who requests an amendment
753
to legislation for introduction in a Senate or House standing committee.
754
(b) "Committee substitute sponsor" means the legislator who requests substitute
755
legislation for introduction in a Senate or House standing committee.
756
(c) "Floor amendment sponsor" means the legislator who requests an amendment to
757
legislation for introduction on the Senate or House floor.
758
(d) "Floor substitute sponsor" means the legislator who requests substitute legislation for
759
introduction on the Senate or House floor.
760
(2)(a) A Senate standing committee may not adopt an amendment or substitute
761
legislation if the committee amendment sponsor or the committee substitute sponsor
762
is a representative, unless the representative is the legislation's legislative sponsor.
763
(b) A House standing committee may not adopt an amendment or substitute legislation if
764
the committee amendment sponsor or the committee substitute sponsor is a senator,
765
unless the senator is the legislation's legislative sponsor.
766
(3)(a) The Senate may not adopt an amendment or substitute legislation unless the floor
767
amendment sponsor or the floor substitute sponsor is a senator.
768
(b) The House may not adopt an amendment or substitute legislation unless the floor
769
amendment sponsor or the floor substitute sponsor is a representative.
770
[(1)] (4)(a) If the Senate amends and passes, or substitutes and passes, a piece of House
771
legislation, the House:
772
(i) must either "concur" or "refuse to concur" in the amendments or substitute; and
773
(ii) may not amend or substitute the legislation.
774
(b)(i) If the House concurs, the legislation shall be voted on for final passage in the
775
House.
776
(ii) If the legislation passes, the chief clerk of the House shall notify the Senate,
777
obtain the signatures required by JR4-5-101, and send the legislation to the Office
778
of Legislative Research and General Counsel for enrolling.
- 23 - H.J.R. 6 02-05 17:44
779
(c) If the House refuses to concur in the Senate amendments or substitute to a piece of
780
House legislation, the chief clerk of the House and the House shall follow the
781
procedures and requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference
782
Committees.
783
[(2)] (5)(a) If the House amends and passes, or substitutes and passes, a piece of Senate
784
legislation, the Senate:
785
(i) must either "concur" or "refuse to concur" in the amendments or substitute; and
786
(ii) may not amend or substitute the legislation.
787
(b)(i) If the Senate concurs, the legislation shall be voted on for final passage in the
788
Senate.
789
(ii) If the legislation passes, the secretary of the Senate shall notify the House, obtain
790
the signatures required by [JR4-6-101] JR4-5-101, and send the legislation to the
791
Office of Legislative Research and General Counsel for enrolling.
792
(c) If the Senate refuses to concur in the House amendments or substitute to a piece of
793
Senate legislation, the secretary of the Senate and the Senate shall follow the
794
procedures and requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference
795
Committees.
796
Section 20. JR4-4-101 is amended to read:
797
JR4-4-101 . Deadline for passing certain fiscal note bills.
798
(1) As used in this section, "fiscal note bill" means legislation with a fiscal note that
799
indicates a cost of $20,000 or more to:
800
(a) the General Fund, Income Tax Fund, or Uniform School Fund; or
801
(b) any other fund or account that affects a fund described in Subsection (1)(a).
802
(2)(a) The House shall refer any Senate fiscal note bill to the House Rules Committee
803
before giving that fiscal note bill a third reading.
804
(b) The Senate shall table on third reading each House fiscal note bill.
805
(3)(a) Before adjourning on the 43rd day of the annual general session, each legislator
806
shall prioritize fiscal note bills and identify other projects or programs for new or
807
one-time funding according to the process established by leadership.
808
(b) [Before adjourning] No later than noon on the 44th day of the annual general session,
809
the Legislature shall either pass or defeat each fiscal note bill except constitutional
810
amendment resolutions.
811
Section 21. JR4-4-203 is amended to read:
812
JR4-4-203 . Deadline for passing the final appropriations bill.
- 24 - 02-05 17:44 H.J.R. 6
813
[(1) Each legislator shall receive a copy of the final appropriations bill by calendared floor
814
time on the 45th day of the annual general session.]
815
[(2) By noon on ] On or before the 45th day of the annual general session, the Legislature
816
shall either pass or defeat the final appropriations bill.
817
Section 22. JR5-2-101 is amended to read:
818
JR5-2-101 . Reimbursement of lodging.
819
(1) Subject to the other provisions of this rule, if a legislator's official duties necessitate
820
overnight accommodations, the legislator may receive reimbursement for any actual
821
lodging expenses incurred by the legislator for an:
822
(a) authorized legislative day; or
823
(b) authorized legislative training day.
824
[(2) Except as provided in the policies and procedures established in accordance with
825
Subsection (3), reimbursement under Subsection (1) may not exceed the daily rates
826
published in the administrative rules governing reimbursement of lodging expenses for
827
state employees.]
828
[(3)] (2) Reimbursement for actual lodging expenses for a legislator for an authorized
829
legislative day or authorized legislative training day shall be as provided in policies and
830
procedures established by the Legislative Expenses Oversight Committee.
831
Section 23. JR5-2-102 is amended to read:
832
JR5-2-102 . Reimbursement of meal expenses.
833
(1) Subject to the other provisions of this rule, for each authorized legislative day or
834
authorized legislative training day a legislator may receive reimbursement for any actual
835
meal expenses incurred by the legislator in association with the legislator's official duties.
836
[(2) Except as provided in the policies and procedures established in accordance with
837
Subsection (3), reimbursement under Subsection (1):]
838
[(a) may not exceed the rates set in administrative rules governing reimbursement and
839
meal expenses for state employees; and]
840
[(b) is subject to the time calculation requirements set in administrative rules governing
841
reimbursement and meal expenses for state employees.]
842
[(3)] (2) Reimbursement for actual meal expenses for a legislator for an authorized
843
legislative day or authorized legislative training day shall be as provided in policies and
844
procedures established by the Legislative Expenses Oversight Committee.
845
Section 24. JR5-2-103 is amended to read:
846
JR5-2-103 . Reimbursement for transportation costs.
- 25 - H.J.R. 6 02-05 17:44
847
(1) A legislator may receive reimbursement for any actual transportation costs incurred by
848
the legislator in association with the legislator's official duties for an:
849
(a) authorized legislative day; or
850
(b) authorized legislative training day.
851
(2) Transportation costs reimbursed under this rule shall be equal to:
852
(a) for travel by private vehicle, the actual mileage incurred by the legislator for the
853
legislator's private automobile use to and from the legislative meeting, to be paid in
854
accordance with the [private vehicle mileage reimbursement rate that is applied when
855
daily pool fleet vehicles are unavailable, as published in the administrative rules
856
governing reimbursement of transportation expenses for state employees] policy
857
adopted by the Legislative Expenses Oversight Committee;
858
(b) for public transportation:
859
(i) the actual cost of the transportation incurred by the legislator to and from the
860
legislative meeting;
861
(ii) the private vehicle mileage actually incurred by the legislator to and from the
862
terminus of the public transportation; and
863
(iii) the cost of parking actually incurred by the legislator; or
864
(c) for commercial transportation:
865
(i) the actual cost of the transportation, which shall be limited to [coach or ]standard
866
economy or main cabin class, incurred by the legislator to and from the legislative
867
meeting;
868
(ii) the private vehicle mileage actually incurred by the legislator to and from the
869
terminus of the commercial transportation; and
870
(iii) the cost of parking actually incurred by the legislator.
871
(3) Reimbursement for actual transportation costs incurred for a legislator for an authorized
872
legislative day or an authorized legislative training day shall be as provided in
873
procedures established by the Legislative Expenses Oversight Committee.
874
Section 25. JR5-4-101 is amended to read:
875
JR5-4-101 . Reimbursement for costs of out-of-state travel.
876
The following rules govern reimbursement for out-of-state travel by legislators:
877
(1)(a) Subject to Subsections (1)(b) and (1)(c), legislators shall receive reimbursement
878
for all approved actual and necessary expenses.
879
(b) The presiding officer, the majority leader, and the minority leader shall meet
880
annually to establish a policy governing out-of-state travel, including the process for
- 26 - 02-05 17:44 H.J.R. 6
881
them to approve out of state travel and approve reimbursement of expenses for that
882
travel as required under Utah Code Section 36-12-17.
883
(c) If a legislator elects to travel to an out-of-state destination by private automobile, the
884
legislator shall receive actual mileage or the actual cost of [alternative commercial ]
885
air transportation, whichever is less.
886
(2) Each legislator shall provide supporting documentation for each expense for which the
887
legislator seeks reimbursement.
888
Section 26. JR7-1-101 is amended to read:
889
JR7-1-101 . Definitions.
890
As used in this chapter:
891
(1) "Anchor location" means the physical location from which:
892
(a) an electronic meeting originates; or
893
(b) the participants are connected.
894
(2) "Authorized legislative committee" means:
895
(a) an interim committee;
896
(b) the Legislative Management Committee;
897
(c) the Legislative Process Committee;
898
(d) when functioning as an interim committee:
899
(i) the Senate Rules Committee created in SR3-1-101; or
900
(ii) the House Rules Committee created in HR3-1-101; or
901
(e) a special committee:
902
(i) that is not a mixed special committee; and
903
(ii) to the extent the special committee has statutory authority to open a committee
904
bill file or create a committee bill.
905
(3) "Bill" means the same as that term is defined in JR4-1-101.
906
(4) "Chair" except as otherwise expressly provided, means:
907
(a) the member of the Senate appointed as chair of an interim committee by the
908
president of the Senate under JR7-1-202;
909
(b) the member of the House of Representatives appointed as chair of an interim
910
committee by the speaker of the House of Representatives under JR7-1-202;
911
(c) a member of a special committee appointed as chair of the special committee; or
912
(d) a member of a legislative committee designated by the chair of the legislative
913
committee under Subsection (4)(a), (b), or (c) to act as chair under JR7-1-202.
914
(5) "Committee bill" means draft legislation that receives a favorable recommendation from
- 27 - H.J.R. 6 02-05 17:44
915
an authorized legislative committee.
916
(6) "Committee bill file" means a request for legislation made by:
917
(a) a majority vote of an authorized legislative committee; or
918
(b) the chairs of an [interim] authorized legislative committee, if the [interim] authorized
919
legislative committee authorizes the chairs to open one or more committee bill files
920
in accordance with JR7-1-602.
921
(7) "Committee note" means a note that the Office of Legislative Research and General
922
Counsel places on legislation in accordance with JR4-2-401.
923
(8) "Draft legislation" means a draft of a bill or resolution before it is numbered by the
924
Office of Legislative Research and General Counsel.
925
(9) "Electronic meeting" means the same as that term is defined in Utah Code Section
926
52-4-103.
927
(10) "Favorable recommendation" means an action of an authorized legislative committee
928
by majority vote to favorably recommend legislation for consideration by the
929
Legislature in an upcoming legislative session.
930
(11) "Legislative committee" means:
931
(a) an interim committee; or
932
(b) a special committee.
933
(12) "Interim committee" means a committee that:
934
(a) is comprised of members from both chambers;
935
(b) meets between annual general sessions of the Legislature to perform duties described
936
in rule; and
937
(c) is created under JR7-1-201.
938
(13) "Legislative sponsor" means:
939
(a) for a committee bill file, the chairs of the authorized legislative committee that
940
opened the committee bill file or the chairs' designee; or
941
(b) for a request for legislation that is not a committee bill file, the legislator who
942
requested the request for legislation or the legislator's designee.
943
(14) "Majority vote" means:
944
(a) with respect to an interim committee, an affirmative vote of at least 50% of a quorum
945
of members of the interim committee from one chamber and more than 50% of a
946
quorum of members of the interim committee from the other chamber; or
947
(b) with respect to a special committee, an affirmative vote of more than 50% of a
948
quorum.
- 28 - 02-05 17:44 H.J.R. 6
949
(15) "Mixed special committee" means a special committee that is composed of one or
950
more voting members who are legislators and one or more voting members who are not
951
legislators.
952
(16) "Original motion" means a nonprivileged motion that is accepted by the chair when no
953
other motion is pending.
954
(17) "Pending motion" means a motion described in JR7-1-307.
955
(18) "Privileged motion" means a motion to adjourn, set a time to adjourn, recess, end
956
debate, extend debate, or limit debate.
957
(19) "Public statement" means a statement made in the ordinary course of business of a
958
legislative committee with the intent that all other members of the legislative committee
959
receive it.
960
(20) "Request for legislation" means the same as that term is defined in JR4-1-101.
961
(21) "Resolution" means the same as that term is defined in JR4-1-101.
962
(22)(a) "Special committee" means a committee, commission, task force, or other
963
similar body that is:
964
(i) created by legislation; and
965
(ii) staffed by:
966
(A) the Office of Legislative Research and General Counsel; or
967
(B) the Office of the Legislative Fiscal Analyst.
968
(b) "Special committee" does not include:
969
(i) an interim committee;
970
(ii) a standing committee created under SR3-2-201 or HR3-2-201; or
971
(iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
972
(23) "Subcommittee" means a subsidiary unit of a legislative committee formed in
973
accordance with JR7-1-411.
974
(24) "Substitute motion" means a nonprivileged motion that a member of a legislative
975
committee makes when there is a nonprivileged motion pending.
976
Section 27. JR7-1-411 is amended to read:
977
JR7-1-411 . Creation and organization of subcommittees.
978
(1) A legislative committee may establish one or more subcommittees if approved by:
979
(a) a majority vote of the legislative committee; and
980
(b) the Legislative Management Committee.
981
(2) The legislative committee shall establish each study assignment of a subcommittee by
982
majority vote.
- 29 - H.J.R. 6 02-05 17:44
983
(3)(a) After a legislative committee establishes a subcommittee, the chairs of the
984
legislative committee shall:
985
[(a)] (i) appoint at least four members of the legislative committee to serve on the
986
subcommittee;
987
[(b)] (ii) appoint at least one and no more than two additional members of the
988
legislative committee as chair or cochairs of the subcommittee; and
989
[(c)] (iii) establish the subcommittee's powers, duties, and reporting requirements.
990
(b) The chairs of the legislative committee shall ensure that the subcommittee
991
membership includes at least one senator and one representative.
992
(4) Each member of a subcommittee shall receive:
993
(a) compensation for attendance of a meeting of the subcommittee that is an authorized
994
legislative day as defined in JR5-1-101; and
995
(b) reimbursement for expenses in accordance with Title 5, Legislative Compensation
996
and Expenses.
997
Section 28. JR7-1-601.5 is amended to read:
998
JR7-1-601.5 . Opening committee bill files.
999
(1) [Except as provided in ] Subject to Subsection (3), a member of an authorized legislative
1000
committee may make a motion to open a committee bill file if:
1001
(a) the member describes the general subject matter of the legislation;
1002
(b) the subject matter is germane to the subject matter over which the authorized
1003
legislative committee has jurisdiction; and
1004
(c) the member intends that the authorized legislative committee take action on the
1005
resulting draft legislation before the next general session in a meeting of the
1006
authorized legislative committee.
1007
(2) Except as provided in JR7-1-602, an authorized legislative committee may not authorize
1008
any individual or group of individuals to open a committee bill file.
1009
(3) An authorized legislative committee may not open a committee bill file during the
1010
period that begins January 1 and ends the day after the day on which the Legislature
1011
adjourns that year's general session sine die.
1012
Section 29. JR7-1-602 is amended to read:
1013
JR7-1-602 . Chairs' authority to open committee bill files.
1014
(1) Subject to the provisions of this rule, the following authorized legislative committees
1015
may delegate the authority to open a committee bill file to the chairs of the committee:
1016
(a) an interim committee; or
- 30 - 02-05 17:44 H.J.R. 6
1017
(b) the Legislative Process Committee.
1018
(2) [An interim committee ] An authorized legislative committee described in Subsection (1)
1019
may authorize the committee chairs to independently open one or more committee bill
1020
files throughout the interim period if:
1021
(a) that authority is granted by the [interim ]committee to the chairs by means of a
1022
motion and majority vote;
1023
(b) the motion and vote occur during the [interim ]committee's first meeting [of the
1024
calendar year] after the Legislature adjourns that year's general session sine die;
1025
(c) the subject matter of each committee bill file opened by the chairs is directly related
1026
to:
1027
(i) for an interim committee, a study item on the list adopted by the interim
1028
committee under JR7-1-401(3); or
1029
(ii) a subject or issue that is expressly stated in the motion made under this rule; and
1030
(d) the decision to open each committee bill file is made jointly by the chairs.
1031
[(2)] (3) No committee other than an [interim committee] authorized legislative committee
1032
described in Subsection (1) may delegate the authority to independently open a
1033
committee bill file to the [chair or ]chairs of a committee.
1034
[(3)] (4) In the next [interim ]committee meeting after opening a bill file under Subsection
1035
(2), the chairs shall give the committee members notice:
1036
(a) that the chairs have opened the committee bill file; and
1037
(b) of the short title and subject matter of the committee bill file.
1038
Section 30. JR7-1-610 is amended to read:
1039
JR7-1-610 . Committee bill files -- Effect of favorable recommendation --
1040
Committee bill files without recommendation abandoned.
1041
(1) As used in this rule, "technical correction" means the same as that term is defined in
1042
JR4-2-401.
1043
(2) After an authorized legislative committee reviews draft legislation the authorized
1044
legislative committee may give the draft legislation a favorable recommendation.
1045
[(2)] (3) If an authorized legislative committee gives draft legislation a favorable
1046
recommendation, the Office of Legislative Research and General Counsel shall:
1047
(a) attach a committee note to the committee bill, as required under JR4-2-401; and
1048
(b) assign the committee bill a bill number in accordance with JR4-2-501.
1049
[(3)] (4)(a) Except as provided in Subsection [(3)(b)] (4)(b), a committee bill file that
1050
does not receive a favorable recommendation at the committee's last scheduled
- 31 - H.J.R. 6 02-05 17:44
1051
meeting of the calendar year in which the committee bill file was opened is
1052
abandoned.
1053
(b) Subsection [(3)(a)] (4)(a) does not apply to a committee bill file opened by:
1054
(i) the [Administrative Rules Review Committee] Rules Review and General
1055
Oversight Committee for the purpose of reauthorizing agency rules in accordance
1056
with Utah Code Section 63G-3-502; or
1057
(ii) the Legislative Process Committee created in Utah Code Section 36-17-1.
1058
[(4)] (5)(a) Nothing in this rule prohibits a legislator from making a request for
1059
legislation in the legislator's name to sponsor legislation that was abandoned in
1060
accordance with Subsection [(3)] (4).
1061
(b) A request for legislation described in Subsection [(4)(a)] (5)(a) is subject to the
1062
drafting priority described in JR4-2-102.
1063
(6) Between an authorized legislative committee's last scheduled meeting of the calendar
1064
year and the day on which the Office of Legislative Research and General Counsel
1065
numbers the committee's committee bill, a sponsor assigned to the committee bill in
1066
accordance with JR7-1-611 may not alter the committee bill, except to make a technical
1067
correction.
1068
Section 31. Effective Date.
1069
This resolution takes effect upon a successful vote for final passage.
- 32 -