02-13 10:28 1st Sub. (Buff) H.J.R. 6
James A. Dunnigan proposes the following substitute bill:
1
Joint Rules Resolution - Legislative Process Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: Lincoln Fillmore
2
3
LONG TITLE
4
General Description:
5
This joint rules resolution modifies legislative processes and procedures.
6
Highlighted Provisions:
7
This resolution:
8
▸ defines terms;
9
▸ removes the requirement that the Senate and House Rules committees meet annually to
10
review joint rules;
11
▸ addresses the process to direct a roll call vote during an electronic meeting;
12
▸ modifies legislative staff offices' reporting requirement related to performance measures;
13
▸ requires the Executive Appropriations Committee to meet annually to approve legislative
14
staff offices' budgets and certify the Legislature's budget to the governor;
15
▸ addresses the right of legislators to attend joint committee meetings, subject to certain
16
restrictions;
17
▸ clarifies how requests for legislation, priority request designations, and legislation are
18
treated when the chief sponsor is:
19
● unable to serve in the next annual general session; or
20
● elected or appointed to serve in the opposite chamber;
21
▸ addresses the circumstances under which the Office of Legislative Research and General
22
Counsel removes a committee note;
23
▸ clarifies the order in which the Office of Legislative Research and General Counsel
24
numbers legislation;
25
▸ clarifies the days of the week the Senate and House give preference for the other
26
chamber's legislation;
27
▸ prohibits transferring sponsorship on legislation more than once;
28
▸ modifies the consideration of an amendment or substitute legislation made in the other
1st Sub. H.J.R. 6 1st Sub. (Buff) H.J.R. 6 02-13 10:28
29
chamber;
30
▸ modifies deadlines related to the passage of the final appropriations bill and fiscal note
31
bills;
32
▸ clarifies reimbursement procedures related to legislative travel;
33
▸ requires that when a legislative committee creates a subcommittee, the members must
34
include at least one senator and one representative;
35
▸ authorizes the chairs of the Legislative Process Committee and the Rules Review and
36
General Oversight Committee to independently open a committee bill file, subject to
37
certain requirements;
38
▸ prohibits the chief sponsor of a committee bill from altering the bill before the bill is
39
numbered for introduction, except altering to make a technical correction; and
40
▸ makes technical and conforming changes.
41
Money Appropriated in this Bill:
42
None
43
Other Special Clauses:
44
None
45
Legislative Rules Affected:
46
AMENDS:
47
JR1-1-102
48
JR1-1-104
49
JR1-4-402
50
JR1-4-602
51
JR3-2-402
52
JR4-1-101
53
JR4-1-401
54
JR4-2-101
55
JR4-2-103
56
JR4-2-201
57
JR4-2-202
58
JR4-2-203
59
JR4-2-401
60
JR4-2-501
61
JR4-3-102
62
JR4-3-105
- 2 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
63
JR4-3-108
64
JR4-4-101
65
JR4-4-203
66
JR5-2-101
67
JR5-2-102
68
JR5-2-103
69
JR5-4-101
70
JR7-1-101
71
JR7-1-410
72
JR7-1-411
73
JR7-1-601.5
74
JR7-1-602
75
JR7-1-610
76
ENACTS:
77
JR3-2-710
78
REPEALS AND REENACTS:
79
JR4-2-102
80
81
Be it resolved by the Legislature of the state of Utah:
82
Section 1. JR1-1-102 is amended to read:
83
JR1-1-102 . Adoption of legislative rules.
84
(1)[(a)] At the beginning of each legislative session, the Legislature shall adopt Joint
85
Rules by a constitutional two-thirds vote of all senators and representatives.
86
[(b)] (2) Except as provided in Subsection [(1)(c)] (3), after the initial adoption of Joint
87
Rules, the Legislature may adopt additional Joint Rules or amend or repeal existing Joint
88
Rules by a constitutional majority vote.
89
[(c)] (3) The Legislature may adopt or amend a Joint Rule that includes a voting
90
requirement of more than a constitutional majority only by a constitutional two-thirds
91
vote of all senators and representatives.
92
[(2) The Senate and House Rules Committees shall:]
93
[(a) meet before each annual general session of the Legislature convenes;]
94
[(b) review Joint Rules; and]
95
[(c) recommend to the Legislature any modifications that they consider necessary.]
96
Section 2. JR1-1-104 is amended to read:
- 3 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
97
JR1-1-104 . Single chamber's authority to suspend Joint Rules.
98
(1) Except as provided in Subsection (2), a single chamber may not suspend a Joint Rule.
99
(2) A single chamber may suspend by motion and majority vote one or more of the
100
following rules:
101
(a) JR2-1-103;
102
(b) JR4-3-103(2);
103
(c) JR4-3-105;
104
(d) JR4-3-302;
105
(e) [JR4-4-101(2)(b)] JR4-4-101(3)(b);
106
(f) JR4-4-201; or
107
(g) JR4-4-202.
108
(3) A motion and vote under Subsection (2) is valid only if the legislator making the motion
109
identifies in the motion each rule the legislator intends to suspend.
110
Section 3. JR1-4-402 is amended to read:
111
JR1-4-402 . Meeting format and participation -- Electronic meeting policy.
112
(1) In accordance with this part and Utah Code Title 52, Chapter 4, Open and Public
113
Meetings Act, a legislative public body may convene and conduct a meeting of the
114
legislative public body as an electronic meeting, subject to budget, public policy, and
115
logistical considerations.
116
(2)(a) Except as allowed under this rule, a member of a legislative public body who
117
attends a meeting of the legislative public body, including an electronic meeting,
118
shall attend the meeting in person.
119
(b) A member of a legislative public body may attend an electronic meeting of the
120
legislative public body by electronic means only if the member:
121
(i) has a specified reason; and
122
(ii) informs:
123
(A) the presiding officer or the presiding officer's designee; or
124
(B) the chair or the chair's designee.
125
(c) A legislative public body shall provide a description of how to electronically connect
126
to an electronic meeting:
127
(i) to each member authorized to attend the meeting by electronic means under
128
Subsection (2)(b); and
129
(ii)(A) 24 hours before the meeting is scheduled to begin; or
130
(B) if it is impracticable to comply with the 24-hour requirement in Subsection
- 4 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
131
(2)(c)(ii)(A), as soon as possible before the meeting begins.
132
(3) The presiding officer or the chair of a legislative public body shall conduct an electronic
133
meeting of the legislative public body from the anchor location.
134
(4) When a legislative public body convenes an electronic meeting, a member of the
135
legislative public body is considered present for all purposes, including determining a
136
quorum, only if the member is:
137
(a) present in person at the anchor location; or
138
(b) participating in the meeting by electronic means.
139
(5) When a member of a legislative public body attends a meeting of the legislative public
140
body by electronic means in accordance with this part, the member shall ensure that:
141
(a) if participating via video conference, the member's attire and appearance are
142
consistent with the attire and appearance that would be expected if the member were
143
attending the meeting in person; and
144
(b) the member's location:
145
(i) reflects the dignity of the meeting, particularly if the member is attending via
146
video conference; and
147
(ii) is free from any sight or noise that:
148
(A) can be seen or heard by others during the meeting; and
149
(B) is extraneous, distracting, disruptive, or inappropriate.
150
(6) A member of a legislative public body may not attend a meeting by electronic means
151
while engaging in any activity that would be abnormal or prohibited if the member were
152
attending the meeting in person, including operating a motor vehicle.
153
(7) In accordance with Utah Code Section 52-4-207[, ] :
154
(a) a legislative public body that convenes and conducts an electronic meeting may
155
provide a means by which members of the public who are not physically present at
156
the anchor location may attend the meeting by electronic means; and
157
(b) a chair, or a legislative body by majority vote, may direct a roll call vote during an
158
electronic meeting.
159
(8) Notwithstanding the other provisions of this rule:
160
(a) any member of a legislative public body may attend an emergency electronic meeting
161
by electronic means; and
162
(b) the presiding officer or the chair of a legislative public body may conduct an
163
emergency electronic meeting of the legislative public body remotely by electronic
164
means.
- 5 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
165
Section 4. JR1-4-602 is amended to read:
166
JR1-4-602 . Performance reporting.
167
Each legislative office shall:
168
(1) develop performance measures to include in an appropriations act for each fiscal year;
169
and
170
(2) annually submit to the [Subcommittee on Oversight created in Utah Code Section
171
36-12-8.1] Legislative Management Committee created in Utah Code Section 36-12-6 a
172
report that contains:
173
(a) any recommendations for legislative changes for the next fiscal year to the office's
174
previously adopted performance measures; and
175
(b) the final status of the office's performance measures included in the appropriations
176
act for the fiscal year ending the previous June 30.
177
Section 5. JR3-2-402 is amended to read:
178
JR3-2-402 . Executive appropriations -- Duties -- Base budgets.
179
(1)(a) The Executive Appropriations Committee shall meet no later than the third
180
Wednesday in December to:
181
(i) direct staff as to what revenue estimate to use in preparing budget
182
recommendations, to include a forecast for federal fund receipts;
183
(ii) consider treating above-trend revenue growth as one-time revenue for major tax
184
types and for federal funds;
185
(iii) hear a report on the historical, current, and anticipated status of the following:
186
(A) debt;
187
(B) long term liabilities;
188
(C) contingent liabilities;
189
(D) General Fund borrowing;
190
(E) reserves;
191
(F) fund balances;
192
(G) nonlapsing appropriation balances;
193
(H) cash funded infrastructure investment; and
194
(I) changes in federal funds paid to the state;
195
(iv) hear a report on:
196
(A) the next fiscal year base budget appropriation for Medicaid accountable care
197
organizations according to Utah Code Section 26B-3-203;
198
(B) an explanation of program funding needs;
- 6 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
199
(C) estimates of overall medical inflation in the state; and
200
(D) mandated program changes and their estimated cost impact on Medicaid
201
accountable care organizations;
202
(v) decide whether to set aside special allocations for the end of the session, including
203
allocations:
204
(A) to address any anticipated reduction in the amount of federal funds paid to the
205
state; and
206
(B) of one-time revenue to pay down debt and other liabilities;
207
(vi)(A) hear a report on construction inflation and the ongoing operation and
208
maintenance costs of any capital development project requested by an
209
institution under Utah Code Section 53B-2a-117 or 53B-22-204; and
210
(B) in response to the report described in Subsection (1)(a)(vi)(A), decide whether
211
to adjust the next fiscal year base budget or set aside special allocations for the
212
end of the session;
213
(vii) decide whether to set aside special allocations for legislation that will reduce
214
taxes, including legislation that will reduce one or more tax rates;
215
(viii) subject to Subsection (1)(c), unless waived by majority vote, if the amortization
216
rate as defined in Utah Code Section 49-11-102 for the new fiscal year is less than
217
the amortization rate for the preceding fiscal year, set aside an amount equal to the
218
value of the reduction in the amortization rate;
219
(ix) approve the appropriate amount for each subcommittee to use in preparing its
220
budget;
221
(x) set a budget figure; and
222
(xi) adopt a base budget in accordance with Subsection (1)(b) and direct the
223
legislative fiscal analyst to prepare one or more appropriations acts appropriating
224
one or more base budgets for the next fiscal year.
225
(b) In a base budget adopted under Subsection (1)(a), the Executive Appropriations
226
Committee shall set appropriations from the General Fund, the Income Tax Fund,
227
and the Uniform School Fund as follows:
228
(i) if the next fiscal year ongoing revenue estimates set under Subsection (1)(a)(i) are
229
equal to or greater than the current fiscal year ongoing appropriations, the new
230
fiscal year base budget is not changed;
231
(ii) if the next fiscal year ongoing revenue estimates set under Subsection (1)(a)(i) are
232
less than the current fiscal year ongoing appropriations, the new fiscal year base
- 7 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
233
budget is reduced by the same percentage that projected next fiscal year ongoing
234
revenue estimates are lower than the total of current fiscal year ongoing
235
appropriations;
236
(iii) in making a reduction under Subsection (1)(b)(ii), appropriated debt service shall
237
not be reduced, and other ongoing appropriations shall be reduced, in an amount
238
sufficient to make the total ongoing appropriations, including the unadjusted debt
239
service, equal to the percentage calculated under Subsection (1)(b)(ii); and
240
(iv) the new fiscal year base budget shall include an appropriation to the Department
241
of Health and Human Services for Medicaid accountable care organizations in the
242
amount required by Utah Code Section 26B-3-203.
243
(c)(i) The Executive Appropriations Committee shall:
244
(A) comply with the set aside requirement described in Subsection (1)(a)(vii)
245
using money from the General Fund, Income Tax Fund, and Uniform School
246
Fund;
247
(B) accumulate money set aside under Subsection (1)(a)(vii) across fiscal years;
248
and
249
(C) when the total amount set aside under Subsection (1)(a)(vii), including any
250
amount to be set aside in the new fiscal year, equals or exceeds the cost of a
251
0.50% increase in benefited state employee salaries for the new fiscal year,
252
include in the base budget an increase in benefited state employee salaries
253
equal to the total set aside amount.
254
(ii) The Executive Appropriations Committee may waive or modify a requirement
255
described in Subsection (1)(c)(i) by majority vote.
256
(d) The chairs of each joint appropriations subcommittee are invited to attend [this
257
meeting] the meeting described in this Subsection (1).
258
(2) All proposed budget items shall be submitted to one of the subcommittees named in
259
JR3-2-302 for consideration and recommendation.
260
(3)(a) After receiving and reviewing subcommittee reports, the Executive
261
Appropriations Committee may refer the report back to a joint appropriations
262
subcommittee with any guidelines the Executive Appropriations Committee
263
considers necessary to assist the subcommittee in producing a balanced budget.
264
(b) The subcommittee shall meet to review the new guidelines and report the
265
adjustments to the chairs of the Executive Appropriations Committee as soon as
266
possible.
- 8 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
267
(4)(a) After receiving the reports, the Executive Appropriations Committee chairs will
268
report them to the Executive Appropriations Committee.
269
(b) The Executive Appropriations Committee shall:
270
(i) make any further adjustments necessary to balance the budget; and
271
(ii) complete all decisions necessary to draft the final appropriations bills no later
272
than the last Friday before the 45th day of the annual general session.
273
(5) No later than December 1 of each calendar year, the Executive Appropriations
274
Committee shall:
275
(a) review the budget for the Office of the Legislative Fiscal Analyst, the Office of
276
Legislative Research and General Counsel, the Office of the Legislative Auditor
277
General, and the Office of Legislative Services; and
278
(b) certify the Legislature's budget to the governor in accordance with Utah Code
279
Section 63J-1-201.
280
Section 6. JR3-2-710 is enacted to read:
281
JR3-2-710 . Right of legislators to attend appropriations committee meetings.
282
(1) Any member of the Legislature may:
283
(a) attend any meeting of an appropriations committee or subcommittee, unless the
284
meeting is closed in accordance with Utah Code Title 52, Chapter 4, Open and Public
285
Meetings Act; and
286
(b) if recognized by the chair during a portion of the meeting when public comment is
287
permitted, present the legislator's views on the subject under consideration.
288
(2) A legislator who attends a meeting of an appropriations committee or subcommittee of
289
which the legislator is not a member may not:
290
(a) make a motion; or
291
(b) vote.
292
Section 7. JR4-1-101 is amended to read:
293
JR4-1-101 . Definitions.
294
As used in this title:
295
(1) "Bill" means legislation introduced for consideration by the Legislature that does any,
296
some, or all of the following to Utah statutes:
297
(a) amends;
298
(b) enacts;
299
(c) repeals;
300
(d) repeals and reenacts; or
- 9 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
301
(e) renumbers and amends.
302
(2) "Boldface" means the brief descriptive summary of the contents of a statutory section
303
prepared by the Office of Legislative Research and General Counsel that is printed for
304
each title, chapter, part, and section of the Utah Code.
305
(3) "Concurrent resolution" means a written proposal of the Legislature and governor,
306
which, to be approved, must be passed by both chambers of the Legislature and
307
concurred to by the governor.
308
(4) "Constitutional joint resolution" means a joint resolution proposing to amend, enact, or
309
repeal portions of the Utah Constitution which, to be approved for submission to the
310
voters, must be passed by a two-thirds vote of both chambers of the Legislature.
311
(5) "Drafting instructions" means:
312
(a) specific information concerning the change or addition to law or policy that a
313
legislator intends to propose through legislation; or
314
(b) a specific situation or concern that a legislator intends to address through legislation.
315
(6) "House resolution" means a written proposal of the House of Representatives which, to
316
be approved, must be passed by the House of Representatives.
317
(7) "Joint resolution" means a written proposal of the Legislature which, to be approved,
318
must be passed by both chambers of the Legislature, including a constitutional joint
319
resolution.
320
(8) "Laws of Utah" means all of the laws currently in effect in Utah.
321
(9) "Legislation" means a bill or resolution introduced for consideration by the Legislature.
322
(10) "Legislative sponsor" means:
323
(a) the chief sponsor under JR4-2-103; or
324
(b) the legislator designated by the chief sponsor to be the opposite chamber floor
325
sponsor.
326
[(10)] (11) "Request for legislation" means a formal request from a legislator or an
327
authorized legislative committee that the Office of Legislative Research and General
328
Counsel prepare a bill or resolution.
329
[(11)] (12) "Resolution" includes a joint resolution, concurrent resolution, House resolution,
330
and Senate resolution.
331
[(12)] (13) "Senate resolution" means a written proposal of the Senate which, to be
332
approved, must be passed by the Senate.
333
[(13)] (14) "Statute" means a law that has met the constitutional requirements for enactment.
334
[(14)] (15) "Statutory section" means the unique unit of the laws of Utah that is identified by
- 10 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
335
a title, chapter, and section number.
336
Section 8. JR4-1-401 is amended to read:
337
Part 4. Amendments
338
JR4-1-401 . Requesting amendments -- Identifying adopted amendments in
339
context.
340
(1)(a) Except as provided in Subsection (1)(b):
341
(i) only a senator may request an amendment for introduction in a Senate standing
342
committee or on the Senate floor; and
343
(ii) only a representative may request an amendment for introduction in a House
344
standing committee or on the House floor.
345
(b) A legislative sponsor of the legislation may request an amendment for introduction
346
in a Senate or House standing committee, regardless of whether the legislator is a
347
senator or a representative.
348
[(1)] (2) When a Senate committee or floor amendment is adopted in the Senate, the Senate
349
amendment shall be noted in the legislation with additional spacing and markers
350
indicating the beginning and ending of the adopted Senate amendment.
351
[(2)] (3) When a House committee or floor amendment is adopted in the House, the House
352
amendment shall be noted in the legislation with additional spacing and markers
353
indicating the beginning and ending of the adopted House amendment.
354
[(3)(a) Notwithstanding JR4-1-201, and except as provided in Subsection (3)(b), when
355
an additional section from the Utah Code is added to a bill by amendment:]
356
[(i) all of the language in the section that is to be repealed must appear between
357
brackets with the letters struck through; and]
358
[(ii) all of the new language in the section that is proposed to be enacted by the bill
359
must be underlined.]
360
[(b) If the additional section added to the bill by amendment is to be repealed, the text of
361
the repealed section need not be included.]
362
Section 9. JR4-2-101 is amended to read:
363
JR4-2-101 . Requests for legislation -- Timing.
364
(1) As used in this rule, "appointed legislator" means:
365
(a) an incumbent legislator appointed to replace another legislator who resigns or is
366
unable to serve; or
367
(b) an individual appointed to replace a legislator who resigns or is unable to serve.
368
(2)(a) A legislator wishing to introduce a bill or resolution shall file a request for
- 11 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
369
legislation with the Office of Legislative Research and General Counsel within the
370
time limits established by this rule.
371
(b) The request for legislation shall:
372
(i) designate the chief sponsor, who is knowledgeable about and responsible for
373
providing pertinent information as the legislation is drafted; and
374
(ii) include drafting instructions for the legislation.
375
(c)(i)(A) The chief sponsor may modify the drafting instructions provided in
376
accordance with Subsection [(1)(b)(ii) ] (2)(b)(ii) only if the modified drafting
377
instructions do not deviate from the core subject matter of the original drafting
378
instructions.
379
(B) The Office of Legislative Research and General Counsel shall apply the
380
standard described in Subsection [(1)(c)(i)(A) ] (2)(c)(i)(A) in a manner that
381
favors the chief sponsor.
382
(ii) If the chief sponsor wishes to modify the drafting instructions in a manner
383
prohibited under Subsection [(1)(c)(i), ] (2)(c)(i), the chief sponsor shall file a new,
384
separate request for legislation in accordance with this rule.
385
[(2)] (3)(a) Any legislator may file a request for legislation beginning 60 days after the
386
Legislature adjourns its annual general session sine die.
387
(b) A legislator-elect may file a request for legislation beginning on:
388
(i) the day after:
389
(A) [ ] for a single county race, the date on which the county election canvass is
390
completed; or
391
(B) for a multi-county race, the date on which the statewide election canvass is
392
completed; or
393
(ii) if the legislator-elect's election results have not been finalized as of the canvass
394
date, the day after the date the election results for the legislator-elect's race are
395
finalized.
396
(c)(i) An incumbent legislator may not file any requests for legislation as of the date
397
that the legislator:
398
(A) fails to file to run for election to a seat in the Legislature;
399
(B) is ineligible to be included on the ballot for the election in which the legislator
400
would have sought an additional term; or
401
(C) fails to win reelection and the legislator's opponent is eligible to file a request
402
for legislation under Subsection [(2)(b)] (3)(b).
- 12 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
403
(ii) Subsection [(2)(c)(i)] (3)(c)(i) does not apply to a request for legislation for:
404
(A) a general session that occurs while the legislator is in office; or
405
(B) a special session that occurs while the legislator is in office.
406
[(d)(i) If, for any reason, a legislator who filed a request for legislation is unavailable
407
to serve in the next annual general session, the former legislator may seek another
408
legislator to assume sponsorship of each request for legislation filed by the
409
legislator who is unavailable to serve.]
410
[(ii) If the former legislator is unable to find another legislator to sponsor the
411
legislation within 30 days, the Office of Legislative Research and General
412
Counsel shall abandon each request for legislation from the legislator who is
413
unavailable to serve.]
414
[(e)] (d)(i) Except as provided in Subsection (3)(e), if a legislator who filed a request
415
for legislation is unable to serve in the next annual general session for any reason,
416
the former legislator may seek another legislator to assume sponsorship of the
417
former legislator's legislation.
418
(ii) If a former legislator is unable to find another legislator to assume sponsorship
419
under Subsection (3)(d)(i), the Office of Legislative Research and General
420
Counsel shall abandon each request the earlier of:
421
(A) 30 days after the day on which the former legislator is unable to serve; or
422
(B) noon on the 11th day of the annual general session.
423
(iii) The 30-day time period described in Subsection (3)(d)(ii)(A) begins:
424
(A) for a legislator who resigns, the date on which the legislator submits the
425
legislator's resignation;
426
(B) for a legislator who does not win reelection, the date on which the applicable
427
election canvass is complete; or
428
(C) for any other circumstance, the day on which a legislator is no longer able to
429
serve.
430
(e)(i) If a legislator dies while in office and is the chief sponsor of one or more
431
requests for legislation or pieces of legislation, the individual appointed to the
432
legislator's seat may assume sponsorship of each request for legislation or piece of
433
legislation.
434
(ii) If the individual appointed to the legislator's seat chooses not to assume
435
sponsorship of one or more of the legislator's requests for legislation or pieces of
436
legislation, the following individual shall seek another legislator to assume
- 13 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
437
sponsorship of each request for legislation or piece of legislation:
438
(A) if the legislator was a member of the House majority caucus, the House
439
majority leader;
440
(B) if the legislator was a member of the House minority caucus, the House
441
minority leader;
442
(C) if the legislator was a member of the Senate majority caucus, the Senate
443
majority leader; or
444
(D) if the legislator was a member of the Senate minority caucus, the Senate
445
minority leader.
446
(iii) If the individual described in Subsection [(2)(e)(ii)] (3)(e)(ii) does not find a new
447
sponsor for a request for legislation, the Office of Legislative Research and
448
General Counsel shall abandon the request for legislation.
449
(f)(i) A legislator-elect who is an incumbent legislator may retain any requests for
450
legislation the legislator-elect filed before the date described in Subsection (3)(b).
451
(ii) An appointed legislator who is an incumbent legislator may retain any requests
452
for legislation the appointed legislator filed before assuming the seat to which the
453
legislator is appointed.
454
[(3)] (4)(a) Except as provided in Subsection [(3)(c)] (4)(c), a legislator may not file a
455
request for legislation with the Office of Legislative Research and General Counsel
456
after noon on the 11th day of the annual general session.
457
(b) On the 11th day of the annual general session, the Office of Legislative Research and
458
General Counsel shall make public on the Legislature's website the short title and
459
sponsor of each request for legislation, unless the sponsor abandons the request for
460
legislation before noon on the 11th day of the annual general session.
461
(c)(i) After the 11th day of the annual general session, a legislator may file a request
462
for legislation only if:
463
(A) for House legislation, the representative makes a motion to request legislation
464
for drafting and introduction and that motion is approved by a constitutional
465
majority of the House; or
466
(B) for Senate legislation, the senator makes a motion to request legislation for
467
drafting and introduction and that motion is approved by a constitutional
468
majority vote of the Senate.
469
(ii) The Office of Legislative Research and General Counsel shall make public on the
470
Legislature's website the short title and sponsor of each request for legislation
- 14 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
471
described in this Subsection [(3)(c)] (4)(c).
472
[(4)] (5) After a request for legislation is abandoned, a legislator may not revive the request
473
for legislation.
474
[(5)] (6) A legislator wishing to obtain funding for a project, program, or entity, when that
475
funding request does not require that a statute be enacted, repealed, or amended, may not
476
file a request for legislation but instead shall file a request for appropriation by following
477
the procedures and requirements of JR3-2-701.
478
Section 10. JR4-2-102 is repealed and reenacted to read:
479
JR4-2-102 . Drafting and prioritizing legislation.
480
(1) As used in this rule, "appointed legislator" means the same as that term is defined in
481
JR4-2-101.
482
(2) The Office of Legislative Research and General Counsel shall:
483
(a) draft requests for legislation on a first-in, first-out basis, except for legislation that is
484
prioritized under the provisions of this rule; and
485
(b) when sufficient drafting information is available, draft the following requests for
486
legislation before other requests for legislation, in the following order of priority:
487
(i) a committee bill, as that term is defined in JR7-1-101; and
488
(ii) a request for legislation designated as a priority request in accordance with this
489
rule.
490
(3)(a) Beginning the first day on which a legislator may file a request for legislation
491
under JR4-2-101:
492
(i) a representative may designate up to four requests for legislation as priority
493
requests, as follows:
494
(A) priority request one on or before November 15, or the following regular
495
business day if November 15 falls on a weekend or a holiday;
496
(B) priority request two on the first Thursday in December, or the following
497
business day if the first Thursday falls on a holiday;
498
(C) priority request three on or before the first Thursday in January, or the
499
following business day if the first Thursday falls on a holiday; and
500
(D) priority request four on or before the first Thursday of the annual general
501
session; and
502
(ii) a senator may designate up to five requests for legislation as priority requests, as
503
follows:
504
(A) priority requests one and two on or before November 15, or the following
- 15 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
505
regular business day if November 15 falls on a weekend or a holiday;
506
(B) priority request three on the first Thursday in December, or the following
507
business day if the first Thursday falls on a holiday;
508
(C) priority request four on or before the first Thursday in January, or the
509
following business day if the first Thursday falls on a holiday; and
510
(D) priority request five on or before the first Thursday of the annual general
511
session.
512
(b)(i) A legislator who fails to make a priority request on or before a deadline loses
513
that priority request.
514
(ii) Subsection (3)(b)(i) does not prohibit a legislator from using any remaining
515
priority requests that are associated with a later deadline, if available.
516
(4) A legislator may not:
517
(a) designate a request for legislation as a priority request unless the request:
518
(i) provides specific or conceptual information concerning the change or addition to
519
law or policy that the legislator intends the proposed legislation to make; or
520
(ii) identifies the specific situation or concern that the legislator intends the
521
legislation to address;
522
(b) revoke a priority designation once the priority has been requested;
523
(c) transfer a priority designation to a different request for legislation; or
524
(d) except as provided in Subsection (7), transfer a priority designation to another
525
legislator.
526
(5)(a)(i) A representative-elect who is not an incumbent legislator may designate up
527
to four priority requests as follows:
528
(A) priority requests one and two on or before the first Thursday in December, or
529
the following business day if the first Thursday falls on a holiday; and
530
(B) priority requests three and four in accordance with Subsections (3)(a)(i)(C)
531
and (D), respectively.
532
(ii) A representative-elect who is an incumbent senator may designate up to four
533
priority requests in accordance with the deadlines for representatives described in
534
Subsection (3)(a)(i).
535
(b)(i) A senator-elect who is not an incumbent legislator may designate up to five
536
priority requests as follows:
537
(A) priority requests one, two, and three on or before the first Thursday in
538
December, or the following business day if the first Thursday falls on a
- 16 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
539
holiday; and
540
(B) priority requests four and five in accordance with Subsections (3)(a)(ii)(C)
541
and (D), respectively.
542
(ii) A senator-elect who is an incumbent representative may designate up to five
543
priority requests as follows:
544
(A) priority request one in accordance with Subsection (3)(a)(ii)(A);
545
(B) priority requests two and three on or before the first Thursday in December, or
546
the following business day if the first Thursday falls on a holiday; and
547
(C) priority requests four and five in accordance with Subsections (3)(a)(ii)(C)
548
and (D), respectively.
549
(6)(a) An appointed legislator may:
550
(i) if the appointed legislator is a representative, designate up to four requests for
551
legislation as priority requests, less the number of priority requests designated by
552
the appointed legislator's predecessor; or
553
(ii) if the appointed legislator is a senator, designate up to five requests for legislation
554
as priority requests, less the number of priority requests designated by the
555
appointed legislator's predecessor.
556
(b) The deadline for an appointed legislator to designate each priority request is the same
557
as the deadline that would apply if the designation were made by the appointed
558
legislator's predecessor.
559
(7) Notwithstanding Subsection (4)(d):
560
(a) a request for legislation designated as a priority request remains a priority request if
561
the request for legislation is transferred to another legislator in accordance with:
562
(i) JR4-2-102(2)(d) because the legislator resigned or was expelled from office; or
563
(ii) JR4-2-102(3)(e);
564
(b)(i) if a legislator-elect is an incumbent legislator who designated a priority request
565
before assuming the legislator-elect's new seat, the legislator-elect may:
566
(A) transfer the priority request in accordance with JR4-2-101(3)(d); or
567
(B) retain the priority request; and
568
(ii) if a legislator-elect retains or transfers a priority request under Subsection
569
(7)(b)(i), that priority request counts against the number of priority designations to
570
which the legislator-elect is entitled under Subsection (5); and
571
(c)(i) if an appointed legislator is an incumbent legislator who designated a priority
572
request before assuming the appointed legislator's new seat, the appointed
- 17 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
573
legislator may:
574
(A) transfer the priority request in accordance with JR4-2-101(3)(d); or
575
(B) retain the priority request; and
576
(ii) if an appointed legislator transfers or retains a priority request under Subsection
577
(7)(c)(i), that priority request:
578
(A) does not count toward the number of priority designations to which the
579
appointed legislator is entitled under Subsection (6); and
580
(B) does count toward the number of priority designations to which the individual
581
appointed to replace the appointed legislator is entitled under Subsection (6).
582
Section 11. JR4-2-103 is amended to read:
583
JR4-2-103 . Legislation -- Sponsorship.
584
(1)(a) The legislator who approves [the] a request for legislation for numbering is the
585
chief sponsor.
586
(b) The chief sponsor may withdraw sponsorship of the legislation by following the
587
procedures and requirements of Senate Rules or House Rules.
588
(c) Subject to JR4-2-102(4), the chief sponsor of the legislation cannot change more than
589
Ĥ→ [once] twice ←Ĥ .
590
(2)(a) Before or after the legislation is introduced, legislators from the same chamber as
591
the chief sponsor may have their names added to or deleted from the legislation as
592
co-sponsors by following the procedures and requirements of Senate Rules or House
593
Rules.
594
(b) Except as provided in Subsection (3), only legislators who are members of the same
595
chamber as the chief sponsor may co-sponsor legislation.
596
(3) Before the secretary of the Senate or the chief clerk of the House may transfer
597
legislation to the opposite chamber, the chief sponsor shall:
598
(a) designate a member of the opposite chamber as sponsor of the legislation for that
599
chamber; and
600
(b) provide the secretary or chief clerk with the name of that sponsor for designation on
601
the legislation.
602
(4)(a) Except as provided in JR4-2-101(3)(e), if a legislator is a chief sponsor of
603
legislation and is unable to serve in the next annual general session for any reason,
604
the former legislator may seek another legislator to assume sponsorship of the former
605
legislator's legislation.
606
(b) If a former legislator is unable to find another legislator to assume sponsorship under
- 18 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
607
Subsection (4)(a), the Office of Legislative Research and General Counsel shall
608
abandon each request the earlier of:
609
(i) 30 days after the day on which the former legislator is unable to serve; or
610
(ii) noon on the 11th day of the annual general session.
611
(c) The 30-day time period described in Subsection (4)(b)(i) begins:
612
(i) for a legislator who resigns, the date on which the legislator submits the
613
legislator's resignation;
614
(ii) for a legislator who does not win reelection, the date on which the applicable
615
election canvass is complete; or
616
(iii) the day on which a legislator is no longer able to serve.
617
Section 12. JR4-2-201 is amended to read:
618
JR4-2-201 . Definitions.
619
As used in this part:
620
[(1) "Committee substitute" means a substitute bill or resolution that is prepared for
621
introduction in a Senate or House standing committee.]
622
[(2) "Floor substitute" means a substitute bill or resolution that is prepared for introduction
623
on the Senate or House floor.]
624
[(3)] (1)(a) "Germane" means that the substitute is relevant, appropriate, and in a natural
625
and logical sequence to the subject matter of the original legislation.
626
(b) "Germane" includes a substitute that changes the effect or is in conflict with the spirit
627
of the original legislation if the substance of the substitute can be encompassed
628
within the subject of the underlying bill.
629
[(4)] (2) "Replacement legislation" means a bill, resolution, or substitute that replaces the
630
original because of a technical error.
631
[(5)] (3) "Substitute" means a new bill or resolution that:
632
(a) replaces the old bill or resolution in title and body; and
633
(b) is germane to the subject of the original bill or resolution.
634
Section 13. JR4-2-202 is amended to read:
635
JR4-2-202 . Substitute bills or resolutions.
636
[(1)(a) By following the procedures and requirements of Senate or House rule, a
637
legislator may propose a committee substitute to any Senate or House legislation that
638
is under consideration by a committee of which the legislator is a member.]
639
[(b) By following the procedures and requirements of Senate or House rule, a legislator
640
may propose a floor substitute to any Senate or House legislation that is under
- 19 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
641
consideration by the chamber of which the legislator is a member.]
642
[(2)] (1)(a) To initiate drafting of a substitute, a legislator shall give instructions to the
643
attorney who drafted the legislation.
644
(b) Except as provided in Subsection (1)(c):
645
(i) only a senator may request a substitute for introduction in a Senate standing
646
committee or on the Senate floor; and
647
(ii) only a representative may request a substitute for introduction in a House
648
standing committee or on the House floor.
649
(c) A legislative sponsor of the legislation may request a substitute for introduction in a
650
Senate or House standing committee regardless of whether the legislator is a senator
651
or a representative.
652
[(3)] (2) After the substitute sponsor has approved the substitute, the Office of Legislative
653
Research and General Counsel shall:
654
(a) electronically set the line numbers of the substitute;
655
(b) assign a version number to the substitute; and
656
(c) distribute the substitute according to the substitute sponsor's instructions.
657
[(4)] (3)(a) Subject to the other provisions of this rule, after the original version of the
658
legislation is introduced, a rules committee, standing committee, or the Senate or
659
House of Representatives may adopt the original version of the legislation or any
660
substitute version of the legislation, regardless of the version number.
661
(b)(i) If the version of the legislation being adopted was previously adopted, but
662
replaced with a different version, the version of the legislation being adopted shall
663
be adopted as it was previously introduced, without any amendments that may
664
have been added to the introduced version.
665
(ii) An amendment described in Subsection [(4)(b)(i)] (3)(b)(i), or any other
666
amendment otherwise in order, may be proposed by a motion separate from the
667
motion to adopt that substitute or original version of the legislation.
668
(c) A rules committee, a standing committee, the Senate, and the House of
669
Representatives are prohibited from suspending the provisions of this Subsection [(4)]
670
(3).
671
Section 14. JR4-2-203 is amended to read:
672
JR4-2-203 . Replacement bills or resolutions.
673
(1) If the legislative general counsel determines that a numbered bill or resolution contains
674
a technical error, the Office of Legislative Research and General Counsel may prepare
- 20 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
675
and submit a replacement bill or resolution that corrects the error.
676
(2) A sponsor may not file, and legislative staff may not create, replacement legislation if:
677
(a) the original legislation has been approved by the sponsor;
678
(b) the legislation has been numbered; and
679
(c) copies of the legislation have been distributed.
680
(3) Nothing in this rule prohibits a sponsor from preparing amendments to the original
681
legislation or one or more substitutes of the original legislation and proposing their
682
adoption [by a committee or by either chamber of which the legislator is a member] in
683
accordance with JR4-3-108.
684
Section 15. JR4-2-401 is amended to read:
685
JR4-2-401 . Committee notes -- Notations on bill.
686
(1) As used in this rule[,] :
687
(a) [ "authorized] "Authorized legislative committee" means the same as that term is
688
defined in JR7-1-101.
689
(b) "Committee note" means a notation that the Office of Legislative Research and
690
General Counsel places on legislation that receives a favorable recommendation from
691
an authorized legislative committee.
692
(c) "Technical correction" means a change that does not substantively alter legislation,
693
including:
694
(i) correcting obvious typographical and grammatical errors;
695
(ii) correcting obvious errors and inconsistencies involving punctuation,
696
capitalization, cross references, numbering, and wording;
697
(iii) modifying the long title of legislation, including a special clause, to ensure that
698
the long title accurately reflects the legislation's content;
699
(iv) replacing an outdated section of Utah Code with the section that is currently in
700
effect; or
701
(v) any combination of Subsections (1)(c)(i) through (iv).
702
(2) The Office of Legislative Research and General Counsel shall ensure that a committee
703
note includes:
704
(a) the name of the authorized legislative committee that recommended the legislation;
705
and
706
(b) the committee vote, listed by numbers of yeas, nays, and absent.
707
[(2) After an authorized legislative committee approves a motion to favorably recommend
708
draft legislation, the Office of Legislative Research and General Counsel shall note the
- 21 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
709
following on the legislation when the legislation is numbered for introduction as a bill:]
710
[(a) that the authorized legislative committee recommended the legislation; and]
711
[(b) the committee vote, listed by numbers of yeas, nays, and absent.]
712
(3)(a) Except as provided in Subsection (3)(b), the Office of Legislative Research and
713
General Counsel shall remove a committee note from legislation when the legislation
714
is amended or substituted.
715
(b) The Office of Legislative Research and General Counsel may not remove a
716
committee note from legislation if an amendment or substitute makes a technical
717
correction.
718
[(3)] (4) The Office of Legislative Research and General Counsel may not place a [note
719
described in Subsection (2) on a piece of ] committee note on legislation if the motion to
720
favorably recommend the draft legislation was made in violation of JR7-1-512(3).
721
Section 16. JR4-2-501 is amended to read:
722
JR4-2-501 . Numbering and distributing legislation.
723
(1) After receiving approval from [the] a chief sponsor under JR4-2-301, the Office of
724
Legislative Research and General Counsel shall:
725
[(1)] (a) proofread the legislation and perform other quality control measures;
726
[(2)] (b) indicate on the first page of the legislation that the drafting attorney has
727
approved the legislation for filing;
728
[(3)] (c) place a committee note on the legislation if required by JR4-2-401;
729
[(4)] (d) assign a number to the legislation to appear after the designation required by
730
JR4-1-202 and JR4-1-301;
731
[(5)] (e) electronically set the legislation's line numbers; and
732
[(6)] (f) distribute an electronic copy of the legislation as required by JR4-2-503.
733
(2) Subject to JR4-2-502, the Office of Legislative Research and General Counsel shall
734
number legislation in the following order:
735
(a) legislation recommended by an authorized legislative committee; and
736
(b) legislation in the order in which the legislation is approved by the sponsor for
737
numbering.
738
Section 17. JR4-3-102 is amended to read:
739
JR4-3-102 . Reference of legislation.
740
[(1)] During an annual general or special session of the Legislature, after [a piece of ]
741
legislation has been introduced and read for the first time, [it] the legislation shall be
742
referred to a committee or to the floor as provided in Senate or House Rules.
- 22 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
743
[(2) The secretary of the Senate and the chief clerk of the House or their designees shall
744
deliver all legislation assigned to a committee to the chair of that committee or to that
745
chair's designee.]
746
Section 18. JR4-3-105 is amended to read:
747
JR4-3-105 . Calendaring legislation -- Preference for legislation of other chamber.
748
[During the third and fourth days] On Wednesday and Thursday of each week:
749
(1) the Senate shall consider House legislation appearing on the Senate calendar; and
750
(2) the House shall consider Senate legislation appearing on the House calendar.
751
Section 19. JR4-3-108 is amended to read:
752
JR4-3-108 . Consideration and action on legislation made in the other chamber.
753
(1) As used in this rule:
754
(a) "Committee amendment sponsor" means the legislator who requests an amendment
755
to legislation for introduction in a Senate or House standing committee.
756
(b) "Committee substitute sponsor" means the legislator who requests substitute
757
legislation for introduction in a Senate or House standing committee.
758
(c) "Floor amendment sponsor" means the legislator who requests an amendment to
759
legislation for introduction on the Senate or House floor.
760
(d) "Floor substitute sponsor" means the legislator who requests substitute legislation for
761
introduction on the Senate or House floor.
762
(2)(a) A Senate standing committee may not adopt an amendment or substitute
763
legislation if the committee amendment sponsor or the committee substitute sponsor
764
is a representative, unless the representative is the legislation's legislative sponsor.
765
(b) A House standing committee may not adopt an amendment or substitute legislation if
766
the committee amendment sponsor or the committee substitute sponsor is a senator,
767
unless the senator is the legislation's legislative sponsor.
768
(3)(a) The Senate may not adopt an amendment or substitute legislation unless the floor
769
amendment sponsor or the floor substitute sponsor is a senator.
770
(b) The House may not adopt an amendment or substitute legislation unless the floor
771
amendment sponsor or the floor substitute sponsor is a representative.
772
[(1)] (4)(a) If the Senate amends and passes, or substitutes and passes, a piece of House
773
legislation, the House:
774
(i) must either "concur" or "refuse to concur" in the amendments or substitute; and
775
(ii) may not amend or substitute the legislation.
776
(b)(i) If the House concurs, the legislation shall be voted on for final passage in the
- 23 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
777
House.
778
(ii) If the legislation passes, the chief clerk of the House shall notify the Senate,
779
obtain the signatures required by JR4-5-101, and send the legislation to the Office
780
of Legislative Research and General Counsel for enrolling.
781
(c) If the House refuses to concur in the Senate amendments or substitute to a piece of
782
House legislation, the chief clerk of the House and the House shall follow the
783
procedures and requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference
784
Committees.
785
[(2)] (5)(a) If the House amends and passes, or substitutes and passes, a piece of Senate
786
legislation, the Senate:
787
(i) must either "concur" or "refuse to concur" in the amendments or substitute; and
788
(ii) may not amend or substitute the legislation.
789
(b)(i) If the Senate concurs, the legislation shall be voted on for final passage in the
790
Senate.
791
(ii) If the legislation passes, the secretary of the Senate shall notify the House, obtain
792
the signatures required by [JR4-6-101] JR4-5-101, and send the legislation to the
793
Office of Legislative Research and General Counsel for enrolling.
794
(c) If the Senate refuses to concur in the House amendments or substitute to a piece of
795
Senate legislation, the secretary of the Senate and the Senate shall follow the
796
procedures and requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference
797
Committees.
798
Section 20. JR4-4-101 is amended to read:
799
JR4-4-101 . Deadline for passing certain fiscal note bills.
800
(1) As used in this section, "fiscal note bill" means legislation with a fiscal note that
801
indicates a cost of $20,000 or more to:
802
(a) the General Fund, Income Tax Fund, or Uniform School Fund; or
803
(b) any other fund or account that affects a fund described in Subsection (1)(a).
804
(2)(a) The House shall refer any Senate fiscal note bill to the House Rules Committee
805
before giving that fiscal note bill a third reading.
806
(b) The Senate shall table on third reading each House fiscal note bill.
807
(3)(a) Before adjourning on the 43rd day of the annual general session, each legislator
808
shall prioritize fiscal note bills and identify other projects or programs for new or
809
one-time funding according to the process established by leadership.
810
(b) [Before adjourning] No later than noon on the 44th day of the annual general session,
- 24 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
811
the Legislature shall either pass or defeat each fiscal note bill except constitutional
812
amendment resolutions.
813
Section 21. JR4-4-203 is amended to read:
814
JR4-4-203 . Deadline for passing the final appropriations bill.
815
[(1) Each legislator shall receive a copy of the final appropriations bill by calendared floor
816
time on the 45th day of the annual general session.]
817
[(2) By noon on ] On or before the 45th day of the annual general session, the Legislature
818
shall either pass or defeat the final appropriations bill.
819
Section 22. JR5-2-101 is amended to read:
820
JR5-2-101 . Reimbursement of lodging.
821
(1) Subject to the other provisions of this rule, if a legislator's official duties necessitate
822
overnight accommodations, the legislator may receive reimbursement for any actual
823
lodging expenses incurred by the legislator for an:
824
(a) authorized legislative day; or
825
(b) authorized legislative training day.
826
[(2) Except as provided in the policies and procedures established in accordance with
827
Subsection (3), reimbursement under Subsection (1) may not exceed the daily rates
828
published in the administrative rules governing reimbursement of lodging expenses for
829
state employees.]
830
[(3)] (2) Reimbursement for actual lodging expenses for a legislator for an authorized
831
legislative day or authorized legislative training day shall be as provided in policies and
832
procedures established by the Legislative Expenses Oversight Committee.
833
Section 23. JR5-2-102 is amended to read:
834
JR5-2-102 . Reimbursement of meal expenses.
835
(1) Subject to the other provisions of this rule, for each authorized legislative day or
836
authorized legislative training day a legislator may receive reimbursement for any actual
837
meal expenses incurred by the legislator in association with the legislator's official duties.
838
[(2) Except as provided in the policies and procedures established in accordance with
839
Subsection (3), reimbursement under Subsection (1):]
840
[(a) may not exceed the rates set in administrative rules governing reimbursement and
841
meal expenses for state employees; and]
842
[(b) is subject to the time calculation requirements set in administrative rules governing
843
reimbursement and meal expenses for state employees.]
844
[(3)] (2) Reimbursement for actual meal expenses for a legislator for an authorized
- 25 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
845
legislative day or authorized legislative training day shall be as provided in policies and
846
procedures established by the Legislative Expenses Oversight Committee.
847
Section 24. JR5-2-103 is amended to read:
848
JR5-2-103 . Reimbursement for transportation costs.
849
(1) A legislator may receive reimbursement for any actual transportation costs incurred by
850
the legislator in association with the legislator's official duties for an:
851
(a) authorized legislative day; or
852
(b) authorized legislative training day.
853
(2) Transportation costs reimbursed under this rule shall be equal to:
854
(a) for travel by private vehicle, the actual mileage incurred by the legislator for the
855
legislator's private automobile use to and from the legislative meeting, to be paid in
856
accordance with the [private vehicle mileage reimbursement rate that is applied when
857
daily pool fleet vehicles are unavailable, as published in the administrative rules
858
governing reimbursement of transportation expenses for state employees] policy
859
adopted by the Legislative Expenses Oversight Committee;
860
(b) for public transportation:
861
(i) the actual cost of the transportation incurred by the legislator to and from the
862
legislative meeting;
863
(ii) the private vehicle mileage actually incurred by the legislator to and from the
864
terminus of the public transportation; and
865
(iii) the cost of parking actually incurred by the legislator; or
866
(c) for commercial transportation:
867
(i) the actual cost of the transportation, which shall be limited to [coach or ]standard
868
economy or main cabin class, incurred by the legislator to and from the legislative
869
meeting;
870
(ii) the private vehicle mileage actually incurred by the legislator to and from the
871
terminus of the commercial transportation; and
872
(iii) the cost of parking actually incurred by the legislator.
873
(3) Reimbursement for actual transportation costs incurred for a legislator for an authorized
874
legislative day or an authorized legislative training day shall be as provided in
875
procedures established by the Legislative Expenses Oversight Committee.
876
Section 25. JR5-4-101 is amended to read:
877
JR5-4-101 . Reimbursement for costs of out-of-state travel.
878
The following rules govern reimbursement for out-of-state travel by legislators:
- 26 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
879
(1)(a) Subject to Subsections (1)(b) and (1)(c), legislators shall receive reimbursement
880
for all approved actual and necessary expenses.
881
(b) The presiding officer, the majority leader, and the minority leader shall meet
882
annually to establish a policy governing out-of-state travel, including the process for
883
them to approve out of state travel and approve reimbursement of expenses for that
884
travel as required under Utah Code Section 36-12-17.
885
(c) If a legislator elects to travel to an out-of-state destination by private automobile, the
886
legislator shall receive actual mileage or the actual cost of [alternative commercial ]
887
air transportation, whichever is less.
888
(2) Each legislator shall provide supporting documentation for each expense for which the
889
legislator seeks reimbursement.
890
Section 26. JR7-1-101 is amended to read:
891
JR7-1-101 . Definitions.
892
As used in this chapter:
893
(1) "Anchor location" means the physical location from which:
894
(a) an electronic meeting originates; or
895
(b) the participants are connected.
896
(2) "Authorized legislative committee" means:
897
(a) an interim committee;
898
(b) the Legislative Management Committee;
899
(c) the Legislative Process Committee;
900
(d) when functioning as an interim committee:
901
(i) the Senate Rules Committee created in SR3-1-101; or
902
(ii) the House Rules Committee created in HR3-1-101; or
903
(e) a special committee:
904
(i) that is not a mixed special committee; and
905
(ii) to the extent the special committee has statutory authority to open a committee
906
bill file or create a committee bill.
907
(3) "Bill" means the same as that term is defined in JR4-1-101.
908
(4) "Chair" except as otherwise expressly provided, means:
909
(a) the member of the Senate appointed as chair of an interim committee by the
910
president of the Senate under JR7-1-202;
911
(b) the member of the House of Representatives appointed as chair of an interim
912
committee by the speaker of the House of Representatives under JR7-1-202;
- 27 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
913
(c) a member of a special committee appointed as chair of the special committee; or
914
(d) a member of a legislative committee designated by the chair of the legislative
915
committee under Subsection (4)(a), (b), or (c) to act as chair under JR7-1-202.
916
(5) "Committee bill" means draft legislation that receives a favorable recommendation from
917
an authorized legislative committee.
918
(6) "Committee bill file" means a request for legislation made by:
919
(a) a majority vote of an authorized legislative committee; or
920
(b) the chairs of an [interim] authorized legislative committee, if the [interim] authorized
921
legislative committee authorizes the chairs to open one or more committee bill files
922
in accordance with JR7-1-602.
923
(7) "Committee note" means a note that the Office of Legislative Research and General
924
Counsel places on legislation in accordance with JR4-2-401.
925
(8) "Draft legislation" means a draft of a bill or resolution before it is numbered by the
926
Office of Legislative Research and General Counsel.
927
(9) "Electronic meeting" means the same as that term is defined in Utah Code Section
928
52-4-103.
929
(10) "Favorable recommendation" means an action of an authorized legislative committee
930
by majority vote to favorably recommend legislation for consideration by the
931
Legislature in an upcoming legislative session.
932
(11) "Legislative committee" means:
933
(a) an interim committee; or
934
(b) a special committee.
935
(12) "Interim committee" means a committee that:
936
(a) is comprised of members from both chambers;
937
(b) meets between annual general sessions of the Legislature to perform duties described
938
in rule; and
939
(c) is created under JR7-1-201.
940
(13) "Legislative sponsor" means:
941
(a) for a committee bill file, the chairs of the authorized legislative committee that
942
opened the committee bill file or the chairs' designee; or
943
(b) for a request for legislation that is not a committee bill file, the legislator who
944
requested the request for legislation or the legislator's designee.
945
(14) "Majority vote" means:
946
(a) with respect to an interim committee, an affirmative vote of at least 50% of a quorum
- 28 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
947
of members of the interim committee from one chamber and more than 50% of a
948
quorum of members of the interim committee from the other chamber; or
949
(b) with respect to a special committee, an affirmative vote of more than 50% of a
950
quorum.
951
(15) "Mixed special committee" means a special committee that is composed of one or
952
more voting members who are legislators and one or more voting members who are not
953
legislators.
954
(16) "Original motion" means a nonprivileged motion that is accepted by the chair when no
955
other motion is pending.
956
(17) "Pending motion" means a motion described in JR7-1-307.
957
(18) "Privileged motion" means a motion to adjourn, set a time to adjourn, recess, end
958
debate, extend debate, or limit debate.
959
(19) "Public statement" means a statement made in the ordinary course of business of a
960
legislative committee with the intent that all other members of the legislative committee
961
receive it.
962
(20) "Request for legislation" means the same as that term is defined in JR4-1-101.
963
(21) "Resolution" means the same as that term is defined in JR4-1-101.
964
(22)(a) "Special committee" means a committee, commission, task force, or other
965
similar body that is:
966
(i) created by legislation; and
967
(ii) staffed by:
968
(A) the Office of Legislative Research and General Counsel; or
969
(B) the Office of the Legislative Fiscal Analyst.
970
(b) "Special committee" does not include:
971
(i) an interim committee;
972
(ii) a standing committee created under SR3-2-201 or HR3-2-201; or
973
(iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
974
(23) "Subcommittee" means a subsidiary unit of a legislative committee formed in
975
accordance with JR7-1-411.
976
(24) "Substitute motion" means a nonprivileged motion that a member of a legislative
977
committee makes when there is a nonprivileged motion pending.
978
Section 27. JR7-1-410 is amended to read:
979
JR7-1-410 . Right of legislators to attend legislative committee meetings.
980
(1) Any member of the Legislature may:
- 29 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
981
(a) attend any meeting of a legislative committee or a subcommittee, unless the meeting
982
is closed in accordance with Utah Code Title 52, Chapter 4, Open and Public
983
Meetings Act; and
984
(b) if recognized by the chair during the public comment phase, present the legislator's
985
views on the subject under consideration.
986
(2) A legislator who attends a meeting of a legislative committee of which the legislator is
987
not a member or a meeting of a subcommittee of which the legislator is not a member
988
may not:
989
(a) make a motion;
990
(b) vote; or
991
(c) receive compensation for attending the meeting, unless approved by the Legislative
992
Expenses Oversight Committee for the chamber of which the legislator is a member.
993
Section 28. JR7-1-411 is amended to read:
994
JR7-1-411 . Creation and organization of subcommittees.
995
(1) A legislative committee may establish one or more subcommittees if approved by:
996
(a) a majority vote of the legislative committee; and
997
(b) the Legislative Management Committee.
998
(2) The legislative committee shall establish each study assignment of a subcommittee by
999
majority vote.
1000
(3)(a) After a legislative committee establishes a subcommittee, the chairs of the
1001
legislative committee shall:
1002
[(a)] (i) appoint at least four members of the legislative committee to serve on the
1003
subcommittee;
1004
[(b)] (ii) appoint at least one and no more than two additional members of the
1005
legislative committee as chair or cochairs of the subcommittee; and
1006
[(c)] (iii) establish the subcommittee's powers, duties, and reporting requirements.
1007
(b) The chairs of the legislative committee shall ensure that the subcommittee
1008
membership includes at least one senator and one representative.
1009
(4) Each member of a subcommittee shall receive:
1010
(a) compensation for attendance of a meeting of the subcommittee that is an authorized
1011
legislative day as defined in JR5-1-101; and
1012
(b) reimbursement for expenses in accordance with Title 5, Legislative Compensation
1013
and Expenses.
1014
Section 29. JR7-1-601.5 is amended to read:
- 30 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
1015
JR7-1-601.5 . Opening committee bill files.
1016
(1) [Except as provided in ] Subject to Subsection (3), a member of an authorized legislative
1017
committee may make a motion to open a committee bill file if:
1018
(a) the member describes the general subject matter of the legislation;
1019
(b) the subject matter is germane to the subject matter over which the authorized
1020
legislative committee has jurisdiction; and
1021
(c) the member intends that the authorized legislative committee take action on the
1022
resulting draft legislation before the next general session in a meeting of the
1023
authorized legislative committee.
1024
(2) Except as provided in JR7-1-602, an authorized legislative committee may not authorize
1025
any individual or group of individuals to open a committee bill file.
1026
(3) An authorized legislative committee may not open a committee bill file during the
1027
period that begins January 1 and ends the day after the day on which the Legislature
1028
adjourns that year's general session sine die.
1029
Section 30. JR7-1-602 is amended to read:
1030
JR7-1-602 . Chairs' authority to open committee bill files.
1031
(1) Subject to the provisions of this rule, the following authorized legislative committees
1032
may delegate the authority to open a committee bill file to the chairs of the committee:
1033
(a) an interim committee;
1034
(b) the Legislative Process Committee; or
1035
(c) the Rules Review and General Oversight Committee.
1036
(2) [An interim committee ] An authorized legislative committee described in Subsection (1)
1037
may authorize the committee chairs to independently open one or more committee bill
1038
files throughout the interim period if:
1039
(a) that authority is granted by the [interim ]committee to the chairs by means of a
1040
motion and majority vote;
1041
(b) the motion and vote occur during the [interim ]committee's first meeting [of the
1042
calendar year] after the Legislature adjourns that year's general session sine die;
1043
(c) the subject matter of each committee bill file opened by the chairs is directly related
1044
to:
1045
(i) for an interim committee, a study item on the list adopted by the interim
1046
committee under JR7-1-401(3); or
1047
(ii) a subject or issue that is expressly stated in the motion made under this rule; and
1048
(d) the decision to open each committee bill file is made jointly by the chairs.
- 31 - 1st Sub. (Buff) H.J.R. 6 02-13 10:28
1049
[(2)] (3) No committee other than an [interim committee] authorized legislative committee
1050
described in Subsection (1) may delegate the authority to independently open a
1051
committee bill file to the [chair or ]chairs of a committee.
1052
[(3)] (4) In the next [interim ]committee meeting after opening a bill file under Subsection
1053
(2), the chairs shall give the committee members notice:
1054
(a) that the chairs have opened the committee bill file; and
1055
(b) of the short title and subject matter of the committee bill file.
1056
Section 31. JR7-1-610 is amended to read:
1057
JR7-1-610 . Committee bill files -- Effect of favorable recommendation --
1058
Committee bill files without recommendation abandoned.
1059
(1) As used in this rule, "technical correction" means the same as that term is defined in
1060
JR4-2-401.
1061
(2) After an authorized legislative committee reviews draft legislation the authorized
1062
legislative committee may give the draft legislation a favorable recommendation.
1063
[(2)] (3) If an authorized legislative committee gives draft legislation a favorable
1064
recommendation, the Office of Legislative Research and General Counsel shall:
1065
(a) attach a committee note to the committee bill, as required under JR4-2-401; and
1066
(b) assign the committee bill a bill number in accordance with JR4-2-501.
1067
[(3)] (4)(a) Except as provided in Subsection [(3)(b)] (4)(b), a committee bill file that
1068
does not receive a favorable recommendation at the committee's last scheduled
1069
meeting of the calendar year in which the committee bill file was opened is
1070
abandoned.
1071
(b) Subsection [(3)(a)] (4)(a) does not apply to a committee bill file opened by:
1072
(i) the [Administrative Rules Review Committee] Rules Review and General
1073
Oversight Committee for the purpose of reauthorizing agency rules in accordance
1074
with Utah Code Section 63G-3-502; or
1075
(ii) the Legislative Process Committee created in Utah Code Section 36-17-1.
1076
[(4)] (5)(a) Nothing in this rule prohibits a legislator from making a request for
1077
legislation in the legislator's name to sponsor legislation that was abandoned in
1078
accordance with Subsection [(3)] (4).
1079
(b) A request for legislation described in Subsection [(4)(a)] (5)(a) is subject to the
1080
drafting priority described in JR4-2-102.
1081
(6) Between an authorized legislative committee's last scheduled meeting of the calendar
1082
year and the day on which the Office of Legislative Research and General Counsel
- 32 - 02-13 10:28 1st Sub. (Buff) H.J.R. 6
1083
numbers the committee's committee bill, a sponsor assigned to the committee bill in
1084
accordance with JR7-1-611 may not alter the committee bill, except to make a technical
1085
correction.
1086
Section 32. Effective Date.
1087
This resolution takes effect upon a successful vote for final passage.
- 33 -