02-26 18:34 2nd Sub. (Gray) H.J.R. 6
Lincoln Fillmore proposes the following substitute bill:
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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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▸ addresses the right of legislators to attend joint committee meetings, subject to certain
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restrictions;
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▸ modifies specific bill format requirements;
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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 twice;
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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 and the Rules Review and
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General Oversight Committee to independently open a committee bill file, subject to
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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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JR4-1-202
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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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JR7-1-410
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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 during a portion of the meeting when public comment is
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permitted, present the legislator's views on the subject under 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. JR4-1-202 is amended to read:
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JR4-1-202 . Specific bill format requirements.
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(1) Each bill shall contain:
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(a) a designation containing the information required by Subsection (2);
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(b) a short title, which provides a short [common ]description of the bill;
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(c) the year and type of legislative session in which the bill is to be introduced;
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(d) the phrase "State of Utah";
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(e) the sponsor's name, after the heading "Chief Sponsor:";
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(f) if the bill is a House bill that has passed third reading in the House, the Senate
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sponsor's name after the heading "Senate Sponsor:";
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(g) if the bill is a Senate bill that has passed third reading in the Senate, the House
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sponsor's name after the heading "House Sponsor:";
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(h) a long title, which includes:
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(i) a brief general description of the subject matter in the bill;
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(ii) a list of the bill's key provisions;
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[(ii)] (iii) a list of each section of the Utah Code affected by the bill, which cites by
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statute number those statutes that the bill proposes be amended, enacted, repealed
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and reenacted, renumbered and amended, and repealed; and
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[(iii)] (iv) for bills that contain an appropriation, the sum proposed to be appropriated
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by the bill unless the bill is an appropriation bill or supplemental appropriation bill
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whose single subject is the appropriation of money;
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(i) an enacting clause in the following form: "Be it enacted by the Legislature of the state
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of Utah:"; and
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(j) the subject matter, given in one or more sections.
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(2) The designation shall be a heading that identifies the bill by [its] the bill's chamber of
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introduction and by unique number assigned to [it] the bill by the Office of Legislative
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Research and General Counsel and shall be in the following form: "S.B." or "H.B."
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followed by the number assigned to the bill.
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(3) The Office of Legislative Research and General Counsel shall draft a bill's short title
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and long title described in Subsection (1) using language that:
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(a) accurately and objectively describes the bill's contents; and
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(b) does not explicitly or implicitly advocate for one or more of the bill's policy
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objectives.
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Section 9. 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
377
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
392
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
396
the repealed section need not be included.]
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Section 10. JR4-2-101 is amended to read:
398
JR4-2-101 . Requests for legislation -- Timing.
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(1) As used in this rule, "appointed legislator" means:
400
(a) an incumbent legislator appointed to replace another legislator who resigns or is unable to serve;
or
401
(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
403
legislation with the Office of Legislative Research and General Counsel within the
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time limits established by this rule.
405
(b) The request for legislation shall:
406
(i) designate the chief sponsor, who is knowledgeable about and responsible for
407
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
410
accordance with Subsection [(1)(b)(ii) ] (2)(b)(ii) only if the modified drafting
411
instructions do not deviate from the core subject matter of the original drafting
412
instructions.
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(B) The Office of Legislative Research and General Counsel shall apply the
414
standard described in Subsection [(1)(c)(i)(A) ] (2)(c)(i)(A) in a manner that
415
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:
423
(A) [ ] for a single county race, the date on which the county election canvass is
424
completed; or
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(B) for a multi-county race, the date on which the statewide election canvass is
426
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
429
finalized.
430
(c)(i) An incumbent legislator may not file any requests for legislation as of the date
431
that the legislator:
432
(A) fails to file to run for election to a seat in the Legislature;
433
(B) is ineligible to be included on the ballot for the election in which the legislator
434
would have sought an additional term; or
435
(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:
438
(A) a general session that occurs while the legislator is in office; or
439
(B) a special session that occurs while the legislator is in office.
440
[(d)(i) If, for any reason, a legislator who filed a request for legislation is unavailable
441
to serve in the next annual general session, the former legislator may seek another
442
legislator to assume sponsorship of each request for legislation filed by the
443
legislator who is unavailable to serve.]
444
[(ii) If the former legislator is unable to find another legislator to sponsor the
445
legislation within 30 days, the Office of Legislative Research and General
446
Counsel shall abandon each request for legislation from the legislator who is
447
unavailable to serve.]
448
[(e)] (d)(i) Except as provided in Subsection (3)(e), if a legislator who filed a request
449
for legislation is unable to serve in the next annual general session for any reason,
450
the former legislator may seek another legislator to assume sponsorship of the
451
former legislator's legislation.
452
(ii) If a former legislator is unable to find another legislator to assume sponsorship
453
under Subsection (3)(d)(i), the Office of Legislative Research and General
454
Counsel shall abandon each request the earlier of:
455
(A) 30 days after the day on which the former legislator is unable to serve; or
456
(B) noon on the 11th day of the annual general session.
457
(iii) The 30-day time period described in Subsection (3)(d)(ii)(A) begins the day on
458
which a former legislator no longer holds the former legislator's seat.
459
(e)(i) If a legislator dies while in office and is the chief sponsor of one or more
460
requests for legislation or pieces of legislation, the individual appointed to the
461
legislator's seat may assume sponsorship of each request for legislation or piece of
462
legislation.
463
(ii) If the individual appointed to the legislator's seat chooses not to assume
464
sponsorship of one or more of the legislator's requests for legislation or pieces of
465
legislation, the following individual shall seek another legislator to assume
466
sponsorship of each request for legislation or piece of legislation:
467
(A) if the legislator was a member of the House majority caucus, the House
468
majority leader;
469
(B) if the legislator was a member of the House minority caucus, the House
- 14 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
470
minority leader;
471
(C) if the legislator was a member of the Senate majority caucus, the Senate
472
majority leader; or
473
(D) if the legislator was a member of the Senate minority caucus, the Senate
474
minority leader.
475
(iii) If the individual described in Subsection [(2)(e)(ii)] (3)(e)(ii) does not find a new
476
sponsor:
477
(A) [ ]for a request for legislation, the Office of Legislative Research and General
478
Counsel shall abandon the request for legislation; and
479
(B) for legislation, the legislation shall be returned to the originating chamber and
480
filed.
481
(f)(i) A legislator-elect who is an incumbent legislator may retain any requests for
482
legislation the legislator-elect filed before the date described in Subsection (3)(b).
483
(ii) An appointed legislator who is an incumbent legislator may retain any requests
484
for legislation the appointed legislator filed before assuming the seat to which the
485
legislator is appointed.
486
[(3)] (4)(a) Except as provided in Subsection [(3)(c)] (4)(c), a legislator may not file a
487
request for legislation with the Office of Legislative Research and General Counsel
488
after noon on the 11th day of the annual general session.
489
(b) On the 11th day of the annual general session, the Office of Legislative Research and
490
General Counsel shall make public on the Legislature's website the short title and
491
sponsor of each request for legislation, unless the sponsor abandons the request for
492
legislation before noon on the 11th day of the annual general session.
493
(c)(i) After the 11th day of the annual general session, a legislator may file a request
494
for legislation only if:
495
(A) for House legislation, the representative makes a motion to request legislation
496
for drafting and introduction and that motion is approved by a constitutional
497
majority of the House; or
498
(B) for Senate legislation, the senator makes a motion to request legislation for
499
drafting and introduction and that motion is approved by a constitutional
500
majority vote of the Senate.
501
(ii) The Office of Legislative Research and General Counsel shall make public on the
502
Legislature's website the short title and sponsor of each request for legislation
503
described in this Subsection [(3)(c)] (4)(c).
- 15 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
504
[(4)] (5) After a request for legislation is abandoned, a legislator may not revive the request
505
for legislation.
506
[(5)] (6) A legislator wishing to obtain funding for a project, program, or entity, when that
507
funding request does not require that a statute be enacted, repealed, or amended, may not
508
file a request for legislation but instead shall file a request for appropriation by following
509
the procedures and requirements of JR3-2-701.
510
Section 11. JR4-2-102 is repealed and reenacted to read:
511
JR4-2-102 . Drafting and prioritizing legislation.
512
(1) As used in this rule, "appointed legislator" means the same as that term is defined in
513
JR4-2-101.
514
(2) The Office of Legislative Research and General Counsel shall:
515
(a) draft requests for legislation on a first-in, first-out basis, except for legislation that is
516
prioritized under the provisions of this rule; and
517
(b) when sufficient drafting information is available, draft the following requests for
518
legislation before other requests for legislation, in the following order of priority:
519
(i) a committee bill, as that term is defined in JR7-1-101; and
520
(ii) a request for legislation designated as a priority request in accordance with this
521
rule.
522
(3)(a) Beginning the first day on which a legislator may file a request for legislation
523
under JR4-2-101:
524
(i) a representative may designate up to four requests for legislation as priority
525
requests, as follows:
526
(A) priority request one on or before November 15, or the following regular
527
business day if November 15 falls on a weekend or a holiday;
528
(B) priority request two on the first Thursday in December, or the following
529
business day if the first Thursday falls on a holiday;
530
(C) priority request three on or before the first Thursday in January, or the
531
following business day if the first Thursday falls on a holiday; and
532
(D) priority request four on or before the first Thursday of the annual general
533
session; and
534
(ii) a senator may designate up to five requests for legislation as priority requests, as
535
follows:
536
(A) priority requests one and two on or before November 15, or the following
537
regular business day if November 15 falls on a weekend or a holiday;
- 16 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
538
(B) priority request three on the first Thursday in December, or the following
539
business day if the first Thursday falls on a holiday;
540
(C) priority request four on or before the first Thursday in January, or the
541
following business day if the first Thursday falls on a holiday; and
542
(D) priority request five on or before the first Thursday of the annual general
543
session.
544
(b)(i) A legislator who fails to make a priority request on or before a deadline loses
545
that priority request.
546
(ii) Subsection (3)(b)(i) does not prohibit a legislator from using any remaining
547
priority requests that are associated with a later deadline, if available.
548
(4) A legislator may not:
549
(a) revoke a priority designation once the priority has been requested;
550
(b) transfer a priority designation to another of the legislator's request for legislation; or
551
(c) except as provided in Subsection (7), transfer a priority designation to another
552
legislator.
553
(5)(a)(i) A representative-elect who is not an incumbent legislator may designate up
554
to four priority requests as follows:
555
(A) priority requests one and two on or before the first Thursday in December, or
556
the following business day if the first Thursday falls on a holiday; and
557
(B) priority requests three and four in accordance with Subsections (3)(a)(i)(C)
558
and (D), respectively.
559
(ii) A representative-elect who is an incumbent senator may designate up to four
560
priority requests in accordance with the deadlines for representatives described in
561
Subsection (3)(a)(i).
562
(b)(i) A senator-elect who is not an incumbent legislator may designate up to five
563
priority requests as follows:
564
(A) priority requests one, two, and three on or before the first Thursday in
565
December, or the following business day if the first Thursday falls on a
566
holiday; and
567
(B) priority requests four and five in accordance with Subsections (3)(a)(ii)(C)
568
and (D), respectively.
569
(ii) A senator-elect who is an incumbent representative may designate up to five
570
priority requests as follows:
571
(A) priority request one in accordance with Subsection (3)(a)(ii)(A);
- 17 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
572
(B) priority requests two and three on or before the first Thursday in December, or
573
the following business day if the first Thursday falls on a holiday; and
574
(C) priority requests four and five in accordance with Subsections (3)(a)(ii)(C)
575
and (D), respectively.
576
(6)(a) An appointed legislator may:
577
(i) if the appointed legislator is a representative, designate up to four requests for
578
legislation as priority requests, less the number of priority requests designated by
579
the appointed legislator's predecessor; or
580
(ii) if the appointed legislator is a senator, designate up to five requests for legislation
581
as priority requests, less the number of priority requests designated by the
582
appointed legislator's predecessor.
583
(b) The deadline for an appointed legislator to designate each priority request is the same
584
as the deadline that would apply if the designation were made by the appointed
585
legislator's predecessor.
586
(7) Notwithstanding Subsection (4)(d):
587
(a)(i) a request for legislation designated as a priority request remains a priority
588
request if the request for legislation is transferred to another legislator in
589
accordance with:
590
(A) JR4-2-101(3)(d) because the legislator resigned or was expelled from office; or
591
(B) JR4-2-101(3)(e); and
592
(ii) a priority request transferred under Subsection (7)(a) does not count against the
593
number of priority designations to which the receiving legislator is entitled under
594
Subsection (3);
595
(b)(i) if a legislator-elect is an incumbent legislator who designated a priority request
596
before assuming the legislator-elect's new seat, the legislator-elect may retain the
597
priority request; and
598
(ii) a priority request retained under Subsection (7)(b)(i) counts against the number of
599
priority designations to which the legislator-elect is entitled under Subsection (5);
600
and
601
(c)(i) if an appointed legislator is an incumbent legislator who designated a priority
602
request before assuming the appointed legislator's new seat, the appointed
603
legislator may:
604
(A) transfer the priority request in accordance with JR4-2-101(3)(d); or
605
(B) retain the priority request; and
- 18 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
606
(ii) if an appointed legislator transfers or retains a priority request under Subsection
607
(7)(c)(i), that priority request:
608
(A) does not count toward the number of priority designations to which the
609
appointed legislator is entitled under Subsection (6); and
610
(B) counts against the number of priority designations to which the individual
611
appointed to replace the appointed legislator is entitled under Subsection (6).
612
Section 12. JR4-2-103 is amended to read:
613
JR4-2-103 . Legislation -- Sponsorship.
614
(1) As used in this rule, "former legislator" means a legislator who:
615
(a) is unable to serve in the next annual general session; or
616
(b) is an incumbent legislator appointed to replace another legislator who resigns or is
617
unable to serve.
618
[(1)] (2)(a) The legislator who approves [the] a request for legislation for numbering is
619
the chief sponsor.
620
(b) The chief sponsor may withdraw sponsorship of the legislation by following the
621
procedures and requirements of Senate Rules or House Rules.
622
(c) Subject to JR4-2-102(4), the chief sponsor of the legislation cannot change more than
623
twice.
624
[(2)] (3)(a) Before or after the legislation is introduced, legislators from the same
625
chamber as the chief sponsor may have their names added to or deleted from the
626
legislation as co-sponsors by following the procedures and requirements of Senate
627
Rules or House Rules.
628
(b) Except as provided in Subsection (3), only legislators who are members of the same
629
chamber as the chief sponsor may co-sponsor legislation.
630
[(3)] (4) Before the secretary of the Senate or the chief clerk of the House may transfer
631
legislation to the opposite chamber, the chief sponsor shall:
632
(a) designate a member of the opposite chamber as sponsor of the legislation for that
633
chamber; and
634
(b) provide the secretary or chief clerk with the name of that sponsor for designation on
635
the legislation.
636
(5)(a) Except as provided in JR4-2-101(3)(e):
637
(i) a former legislator who is a senator and the chief sponsor of legislation may seek
638
another senator to assume sponsorship of the former legislator's legislation; or
639
(ii) a former legislator who is a representative and the chief sponsor of legislation
- 19 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
640
may seek another representative to assume sponsorship of the former legislator's
641
legislation.
642
(b) If, within 30 days, a former legislator is unable to find another legislator to assume
643
sponsorship of the former legislator's legislation, the legislation shall be returned to
644
the originating chamber and filed.
645
(c) The 30-day time period described in Subsection (5)(b) begins the day on which a
646
former legislator no longer holds the former legislator's seat.
647
Section 13. JR4-2-201 is amended to read:
648
JR4-2-201 . Definitions.
649
As used in this part:
650
[(1) "Committee substitute" means a substitute bill or resolution that is prepared for
651
introduction in a Senate or House standing committee.]
652
[(2) "Floor substitute" means a substitute bill or resolution that is prepared for introduction
653
on the Senate or House floor.]
654
[(3)] (1)(a) "Germane" means that the substitute is relevant, appropriate, and in a natural
655
and logical sequence to the subject matter of the original legislation.
656
(b) "Germane" includes a substitute that changes the effect or is in conflict with the spirit
657
of the original legislation if the substance of the substitute can be encompassed
658
within the subject of the underlying bill.
659
[(4)] (2) "Replacement legislation" means a bill, resolution, or substitute that replaces the
660
original because of a technical error.
661
[(5)] (3) "Substitute" means a new bill or resolution that:
662
(a) replaces the old bill or resolution in title and body; and
663
(b) is germane to the subject of the original bill or resolution.
664
Section 14. JR4-2-202 is amended to read:
665
JR4-2-202 . Substitute bills or resolutions.
666
[(1)(a) By following the procedures and requirements of Senate or House rule, a
667
legislator may propose a committee substitute to any Senate or House legislation that
668
is under consideration by a committee of which the legislator is a member.]
669
[(b) By following the procedures and requirements of Senate or House rule, a legislator
670
may propose a floor substitute to any Senate or House legislation that is under
671
consideration by the chamber of which the legislator is a member.]
672
[(2)] (1)(a) To initiate drafting of a substitute, a legislator shall give instructions to the
673
attorney who drafted the legislation.
- 20 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
674
(b) Except as provided in Subsection (1)(c):
675
(i) only a senator may request a substitute for introduction in a Senate standing
676
committee or on the Senate floor; and
677
(ii) only a representative may request a substitute for introduction in a House
678
standing committee or on the House floor.
679
(c) A legislative sponsor of the legislation may request a substitute for introduction in a
680
Senate or House standing committee regardless of whether the legislator is a senator
681
or a representative.
682
[(3)] (2) After the substitute sponsor has approved the substitute, the Office of Legislative
683
Research and General Counsel shall:
684
(a) electronically set the line numbers of the substitute;
685
(b) assign a version number to the substitute; and
686
(c) distribute the substitute according to the substitute sponsor's instructions.
687
[(4)] (3)(a) Subject to the other provisions of this rule, after the original version of the
688
legislation is introduced, a rules committee, standing committee, or the Senate or
689
House of Representatives may adopt the original version of the legislation or any
690
substitute version of the legislation, regardless of the version number.
691
(b)(i) If the version of the legislation being adopted was previously adopted, but
692
replaced with a different version, the version of the legislation being adopted shall
693
be adopted as it was previously introduced, without any amendments that may
694
have been added to the introduced version.
695
(ii) An amendment described in Subsection [(4)(b)(i)] (3)(b)(i), or any other
696
amendment otherwise in order, may be proposed by a motion separate from the
697
motion to adopt that substitute or original version of the legislation.
698
(c) A rules committee, a standing committee, the Senate, and the House of
699
Representatives are prohibited from suspending the provisions of this Subsection [(4)]
700
(3).
701
Section 15. JR4-2-203 is amended to read:
702
JR4-2-203 . Replacement bills or resolutions.
703
(1) If the legislative general counsel determines that a numbered bill or resolution contains
704
a technical error, the Office of Legislative Research and General Counsel may prepare
705
and submit a replacement bill or resolution that corrects the error.
706
(2) A sponsor may not file, and legislative staff may not create, replacement legislation if:
707
(a) the original legislation has been approved by the sponsor;
- 21 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
708
(b) the legislation has been numbered; and
709
(c) copies of the legislation have been distributed.
710
(3) Nothing in this rule prohibits a sponsor from preparing amendments to the original
711
legislation or one or more substitutes of the original legislation and proposing their
712
adoption [by a committee or by either chamber of which the legislator is a member] in
713
accordance with JR4-3-108.
714
Section 16. JR4-2-401 is amended to read:
715
JR4-2-401 . Committee notes -- Notations on bill.
716
(1) As used in this rule[,] :
717
(a) [ "authorized] "Authorized legislative committee" means the same as that term is
718
defined in JR7-1-101.
719
(b) "Committee note" means a notation that the Office of Legislative Research and
720
General Counsel places on legislation that receives a favorable recommendation from
721
an authorized legislative committee.
722
(c) "Technical correction" means a change that does not substantively alter legislation,
723
including:
724
(i) correcting obvious typographical and grammatical errors;
725
(ii) correcting obvious errors and inconsistencies involving punctuation,
726
capitalization, cross references, numbering, and wording;
727
(iii) modifying the long title of legislation, including a special clause, to ensure that
728
the long title accurately reflects the legislation's content;
729
(iv) replacing an outdated section of Utah Code with the section that is currently in
730
effect; or
731
(v) any combination of Subsections (1)(c)(i) through (iv).
732
(2) The Office of Legislative Research and General Counsel shall ensure that a committee
733
note includes:
734
(a) the name of the authorized legislative committee that recommended the legislation;
735
and
736
(b) the committee vote, listed by numbers of yeas, nays, and absent.
737
[(2) After an authorized legislative committee approves a motion to favorably recommend
738
draft legislation, the Office of Legislative Research and General Counsel shall note the
739
following on the legislation when the legislation is numbered for introduction as a bill:]
740
[(a) that the authorized legislative committee recommended the legislation; and]
741
[(b) the committee vote, listed by numbers of yeas, nays, and absent.]
- 22 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
742
(3)(a) Except as provided in Subsection (3)(b), the Office of Legislative Research and
743
General Counsel shall remove a committee note from legislation when the legislation
744
is amended or substituted.
745
(b) The Office of Legislative Research and General Counsel may not remove a
746
committee note from legislation if an amendment or substitute makes a technical
747
correction.
748
[(3)] (4) The Office of Legislative Research and General Counsel may not place a [note
749
described in Subsection (2) on a piece of ] committee note on legislation if the motion to
750
favorably recommend the draft legislation was made in violation of JR7-1-512(3).
751
Section 17. JR4-2-501 is amended to read:
752
JR4-2-501 . Numbering and distributing legislation.
753
(1) After receiving approval from [the] a chief sponsor under JR4-2-301, the Office of
754
Legislative Research and General Counsel shall:
755
[(1)] (a) proofread the legislation and perform other quality control measures;
756
[(2)] (b) indicate on the first page of the legislation that the drafting attorney has
757
approved the legislation for filing;
758
[(3)] (c) place a committee note on the legislation if required by JR4-2-401;
759
[(4)] (d) assign a number to the legislation to appear after the designation required by
760
JR4-1-202 and JR4-1-301;
761
[(5)] (e) electronically set the legislation's line numbers; and
762
[(6)] (f) distribute an electronic copy of the legislation as required by JR4-2-503.
763
(2) Subject to JR4-2-502, the Office of Legislative Research and General Counsel shall
764
number legislation in the following order:
765
(a) legislation recommended by an authorized legislative committee; and
766
(b) legislation in the order in which the legislation is approved by the sponsor for
767
numbering.
768
Section 18. JR4-3-102 is amended to read:
769
JR4-3-102 . Reference of legislation.
770
[(1)] During an annual general or special session of the Legislature, after [a piece of ]
771
legislation has been introduced and read for the first time, [it] the legislation shall be
772
referred to a committee or to the floor as provided in Senate or House Rules.
773
[(2) The secretary of the Senate and the chief clerk of the House or their designees shall
774
deliver all legislation assigned to a committee to the chair of that committee or to that
775
chair's designee.]
- 23 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
776
Section 19. JR4-3-105 is amended to read:
777
JR4-3-105 . Calendaring legislation -- Preference for legislation of other chamber.
778
[During the third and fourth days] On Wednesday and Thursday of each week:
779
(1) the Senate shall consider House legislation appearing on the Senate calendar; and
780
(2) the House shall consider Senate legislation appearing on the House calendar.
781
Section 20. JR4-3-108 is amended to read:
782
JR4-3-108 . Consideration and action on legislation made in the other chamber.
783
(1) As used in this rule:
784
(a) "Committee amendment sponsor" means the legislator who requests an amendment
785
to legislation for introduction in a Senate or House standing committee.
786
(b) "Committee substitute sponsor" means the legislator who requests substitute
787
legislation for introduction in a Senate or House standing committee.
788
(c) "Floor amendment sponsor" means the legislator who requests an amendment to
789
legislation for introduction on the Senate or House floor.
790
(d) "Floor substitute sponsor" means the legislator who requests substitute legislation for
791
introduction on the Senate or House floor.
792
(2)(a) A Senate standing committee may not adopt an amendment or substitute
793
legislation if the committee amendment sponsor or the committee substitute sponsor
794
is a representative, unless the representative is the legislation's legislative sponsor.
795
(b) A House standing committee may not adopt an amendment or substitute legislation if
796
the committee amendment sponsor or the committee substitute sponsor is a senator,
797
unless the senator is the legislation's legislative sponsor.
798
(3)(a) The Senate may not adopt an amendment or substitute legislation unless the floor
799
amendment sponsor or the floor substitute sponsor is a senator.
800
(b) The House may not adopt an amendment or substitute legislation unless the floor
801
amendment sponsor or the floor substitute sponsor is a representative.
802
[(1)] (4)(a) If the Senate amends and passes, or substitutes and passes, a piece of House
803
legislation, the House:
804
(i) must either "concur" or "refuse to concur" in the amendments or substitute; and
805
(ii) may not amend or substitute the legislation.
806
(b)(i) If the House concurs, the legislation shall be voted on for final passage in the
807
House.
808
(ii) If the legislation passes, the chief clerk of the House shall notify the Senate,
809
obtain the signatures required by JR4-5-101, and send the legislation to the Office
- 24 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
810
of Legislative Research and General Counsel for enrolling.
811
(c) If the House refuses to concur in the Senate amendments or substitute to a piece of
812
House legislation, the chief clerk of the House and the House shall follow the
813
procedures and requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference
814
Committees.
815
[(2)] (5)(a) If the House amends and passes, or substitutes and passes, a piece of Senate
816
legislation, the Senate:
817
(i) must either "concur" or "refuse to concur" in the amendments or substitute; and
818
(ii) may not amend or substitute the legislation.
819
(b)(i) If the Senate concurs, the legislation shall be voted on for final passage in the
820
Senate.
821
(ii) If the legislation passes, the secretary of the Senate shall notify the House, obtain
822
the signatures required by [JR4-6-101] JR4-5-101, and send the legislation to the
823
Office of Legislative Research and General Counsel for enrolling.
824
(c) If the Senate refuses to concur in the House amendments or substitute to a piece of
825
Senate legislation, the secretary of the Senate and the Senate shall follow the
826
procedures and requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference
827
Committees.
828
Section 21. JR4-4-101 is amended to read:
829
JR4-4-101 . Deadline for passing certain fiscal note bills.
830
(1) As used in this section, "fiscal note bill" means legislation with a fiscal note that
831
indicates a cost of $20,000 or more to:
832
(a) the General Fund, Income Tax Fund, or Uniform School Fund; or
833
(b) any other fund or account that affects a fund described in Subsection (1)(a).
834
(2)(a) The House shall refer any Senate fiscal note bill to the House Rules Committee
835
before giving that fiscal note bill a third reading.
836
(b) The Senate shall table on third reading each House fiscal note bill.
837
(3)(a) Before adjourning on the 43rd day of the annual general session, each legislator
838
shall prioritize fiscal note bills and identify other projects or programs for new or
839
one-time funding according to the process established by leadership.
840
(b) [Before adjourning] No later than noon on the 44th day of the annual general session,
841
the Legislature shall either pass or defeat each fiscal note bill except constitutional
842
amendment resolutions.
843
Section 22. JR4-4-203 is amended to read:
- 25 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
844
JR4-4-203 . Deadline for passing the final appropriations bill.
845
[(1) Each legislator shall receive a copy of the final appropriations bill by calendared floor
846
time on the 45th day of the annual general session.]
847
[(2) By noon on ] On or before the 45th day of the annual general session, the Legislature
848
shall either pass or defeat the final appropriations bill.
849
Section 23. JR5-2-101 is amended to read:
850
JR5-2-101 . Reimbursement of lodging.
851
(1) Subject to the other provisions of this rule, if a legislator's official duties necessitate
852
overnight accommodations, the legislator may receive reimbursement for any actual
853
lodging expenses incurred by the legislator for an:
854
(a) authorized legislative day; or
855
(b) authorized legislative training day.
856
[(2) Except as provided in the policies and procedures established in accordance with
857
Subsection (3), reimbursement under Subsection (1) may not exceed the daily rates
858
published in the administrative rules governing reimbursement of lodging expenses for
859
state employees.]
860
[(3)] (2) Reimbursement for actual lodging expenses for a legislator for an authorized
861
legislative day or authorized legislative training day shall be as provided in policies and
862
procedures established by the Legislative Expenses Oversight Committee.
863
Section 24. JR5-2-102 is amended to read:
864
JR5-2-102 . Reimbursement of meal expenses.
865
(1) Subject to the other provisions of this rule, for each authorized legislative day or
866
authorized legislative training day a legislator may receive reimbursement for any actual
867
meal expenses incurred by the legislator in association with the legislator's official duties.
868
[(2) Except as provided in the policies and procedures established in accordance with
869
Subsection (3), reimbursement under Subsection (1):]
870
[(a) may not exceed the rates set in administrative rules governing reimbursement and
871
meal expenses for state employees; and]
872
[(b) is subject to the time calculation requirements set in administrative rules governing
873
reimbursement and meal expenses for state employees.]
874
[(3)] (2) Reimbursement for actual meal expenses for a legislator for an authorized
875
legislative day or authorized legislative training day shall be as provided in policies and
876
procedures established by the Legislative Expenses Oversight Committee.
877
Section 25. JR5-2-103 is amended to read:
- 26 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
878
JR5-2-103 . Reimbursement for transportation costs.
879
(1) A legislator may receive reimbursement for any actual transportation costs incurred by
880
the legislator in association with the legislator's official duties for an:
881
(a) authorized legislative day; or
882
(b) authorized legislative training day.
883
(2) Transportation costs reimbursed under this rule shall be equal to:
884
(a) for travel by private vehicle, the actual mileage incurred by the legislator for the
885
legislator's private automobile use to and from the legislative meeting, to be paid in
886
accordance with the [private vehicle mileage reimbursement rate that is applied when
887
daily pool fleet vehicles are unavailable, as published in the administrative rules
888
governing reimbursement of transportation expenses for state employees] policy
889
adopted by the Legislative Expenses Oversight Committee;
890
(b) for public transportation:
891
(i) the actual cost of the transportation incurred by the legislator to and from the
892
legislative meeting;
893
(ii) the private vehicle mileage actually incurred by the legislator to and from the
894
terminus of the public transportation; and
895
(iii) the cost of parking actually incurred by the legislator; or
896
(c) for commercial transportation:
897
(i) the actual cost of the transportation, which shall be limited to [coach or ]standard
898
economy or main cabin class, incurred by the legislator to and from the legislative
899
meeting;
900
(ii) the private vehicle mileage actually incurred by the legislator to and from the
901
terminus of the commercial transportation; and
902
(iii) the cost of parking actually incurred by the legislator.
903
(3) Reimbursement for actual transportation costs incurred for a legislator for an authorized
904
legislative day or an authorized legislative training day shall be as provided in
905
procedures established by the Legislative Expenses Oversight Committee.
906
Section 26. JR5-4-101 is amended to read:
907
JR5-4-101 . Reimbursement for costs of out-of-state travel.
908
The following rules govern reimbursement for out-of-state travel by legislators:
909
(1)(a) Subject to Subsections (1)(b) and (1)(c), legislators shall receive reimbursement
910
for all approved actual and necessary expenses.
911
(b) The presiding officer, the majority leader, and the minority leader shall meet
- 27 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
912
annually to establish a policy governing out-of-state travel, including the process for
913
them to approve out of state travel and approve reimbursement of expenses for that
914
travel as required under Utah Code Section 36-12-17.
915
(c) If a legislator elects to travel to an out-of-state destination by private automobile, the
916
legislator shall receive actual mileage or the actual cost of [alternative commercial ]
917
air transportation, whichever is less.
918
(2) Each legislator shall provide supporting documentation for each expense for which the
919
legislator seeks reimbursement.
920
Section 27. JR7-1-101 is amended to read:
921
JR7-1-101 . Definitions.
922
As used in this chapter:
923
(1) "Anchor location" means the physical location from which:
924
(a) an electronic meeting originates; or
925
(b) the participants are connected.
926
(2) "Authorized legislative committee" means:
927
(a) an interim committee;
928
(b) the Legislative Management Committee;
929
(c) the Legislative Process Committee;
930
(d) when functioning as an interim committee:
931
(i) the Senate Rules Committee created in SR3-1-101; or
932
(ii) the House Rules Committee created in HR3-1-101; or
933
(e) a special committee:
934
(i) that is not a mixed special committee; and
935
(ii) to the extent the special committee has statutory authority to open a committee
936
bill file or create a committee bill.
937
(3) "Bill" means the same as that term is defined in JR4-1-101.
938
(4) "Chair" except as otherwise expressly provided, means:
939
(a) the member of the Senate appointed as chair of an interim committee by the
940
president of the Senate under JR7-1-202;
941
(b) the member of the House of Representatives appointed as chair of an interim
942
committee by the speaker of the House of Representatives under JR7-1-202;
943
(c) a member of a special committee appointed as chair of the special committee; or
944
(d) a member of a legislative committee designated by the chair of the legislative
945
committee under Subsection (4)(a), (b), or (c) to act as chair under JR7-1-202.
- 28 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
946
(5) "Committee bill" means draft legislation that receives a favorable recommendation from
947
an authorized legislative committee.
948
(6) "Committee bill file" means a request for legislation made by:
949
(a) a majority vote of an authorized legislative committee; or
950
(b) the chairs of an [interim] authorized legislative committee, if the [interim] authorized
951
legislative committee authorizes the chairs to open one or more committee bill files
952
in accordance with JR7-1-602.
953
(7) "Committee note" means a note that the Office of Legislative Research and General
954
Counsel places on legislation in accordance with JR4-2-401.
955
(8) "Draft legislation" means a draft of a bill or resolution before it is numbered by the
956
Office of Legislative Research and General Counsel.
957
(9) "Electronic meeting" means the same as that term is defined in Utah Code Section
958
52-4-103.
959
(10) "Favorable recommendation" means an action of an authorized legislative committee
960
by majority vote to favorably recommend legislation for consideration by the
961
Legislature in an upcoming legislative session.
962
(11) "Legislative committee" means:
963
(a) an interim committee; or
964
(b) a special committee.
965
(12) "Interim committee" means a committee that:
966
(a) is comprised of members from both chambers;
967
(b) meets between annual general sessions of the Legislature to perform duties described
968
in rule; and
969
(c) is created under JR7-1-201.
970
(13) "Legislative sponsor" means:
971
(a) for a committee bill file, the chairs of the authorized legislative committee that
972
opened the committee bill file or the chairs' designee; or
973
(b) for a request for legislation that is not a committee bill file, the legislator who
974
requested the request for legislation or the legislator's designee.
975
(14) "Majority vote" means:
976
(a) with respect to an interim committee, an affirmative vote of at least 50% of a quorum
977
of members of the interim committee from one chamber and more than 50% of a
978
quorum of members of the interim committee from the other chamber; or
979
(b) with respect to a special committee, an affirmative vote of more than 50% of a
- 29 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
980
quorum.
981
(15) "Mixed special committee" means a special committee that is composed of one or
982
more voting members who are legislators and one or more voting members who are not
983
legislators.
984
(16) "Original motion" means a nonprivileged motion that is accepted by the chair when no
985
other motion is pending.
986
(17) "Pending motion" means a motion described in JR7-1-307.
987
(18) "Privileged motion" means a motion to adjourn, set a time to adjourn, recess, end
988
debate, extend debate, or limit debate.
989
(19) "Public statement" means a statement made in the ordinary course of business of a
990
legislative committee with the intent that all other members of the legislative committee
991
receive it.
992
(20) "Request for legislation" means the same as that term is defined in JR4-1-101.
993
(21) "Resolution" means the same as that term is defined in JR4-1-101.
994
(22)(a) "Special committee" means a committee, commission, task force, or other
995
similar body that is:
996
(i) created by legislation; and
997
(ii) staffed by:
998
(A) the Office of Legislative Research and General Counsel; or
999
(B) the Office of the Legislative Fiscal Analyst.
1000
(b) "Special committee" does not include:
1001
(i) an interim committee;
1002
(ii) a standing committee created under SR3-2-201 or HR3-2-201; or
1003
(iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
1004
(23) "Subcommittee" means a subsidiary unit of a legislative committee formed in
1005
accordance with JR7-1-411.
1006
(24) "Substitute motion" means a nonprivileged motion that a member of a legislative
1007
committee makes when there is a nonprivileged motion pending.
1008
Section 28. JR7-1-410 is amended to read:
1009
JR7-1-410 . Right of legislators to attend legislative committee meetings.
1010
(1) Any member of the Legislature may:
1011
(a) attend any meeting of a legislative committee or a subcommittee, unless the meeting
1012
is closed in accordance with Utah Code Title 52, Chapter 4, Open and Public
1013
Meetings Act; and
- 30 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
1014
(b) if recognized by the chair during the public comment phase, present the legislator's
1015
views on the subject under consideration.
1016
(2) A legislator who attends a meeting of a legislative committee of which the legislator is
1017
not a member or a meeting of a subcommittee of which the legislator is not a member
1018
may not:
1019
(a) make a motion;
1020
(b) vote; or
1021
(c) receive compensation for attending the meeting, unless approved by the Legislative
1022
Expenses Oversight Committee for the chamber of which the legislator is a member.
1023
Section 29. JR7-1-411 is amended to read:
1024
JR7-1-411 . Creation and organization of subcommittees.
1025
(1) A legislative committee may establish one or more subcommittees if approved by:
1026
(a) a majority vote of the legislative committee; and
1027
(b) the Legislative Management Committee.
1028
(2) The legislative committee shall establish each study assignment of a subcommittee by
1029
majority vote.
1030
(3)(a) After a legislative committee establishes a subcommittee, the chairs of the
1031
legislative committee shall:
1032
[(a)] (i) appoint at least four members of the legislative committee to serve on the
1033
subcommittee;
1034
[(b)] (ii) appoint at least one and no more than two additional members of the
1035
legislative committee as chair or cochairs of the subcommittee; and
1036
[(c)] (iii) establish the subcommittee's powers, duties, and reporting requirements.
1037
(b) The chairs of the legislative committee shall ensure that the subcommittee
1038
membership includes at least one senator and one representative.
1039
(4) Each member of a subcommittee shall receive:
1040
(a) compensation for attendance of a meeting of the subcommittee that is an authorized
1041
legislative day as defined in JR5-1-101; and
1042
(b) reimbursement for expenses in accordance with Title 5, Legislative Compensation
1043
and Expenses.
1044
Section 30. JR7-1-601.5 is amended to read:
1045
JR7-1-601.5 . Opening committee bill files.
1046
(1) [Except as provided in ] Subject to Subsection (3), a member of an authorized legislative
1047
committee may make a motion to open a committee bill file if:
- 31 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
1048
(a) the member describes the general subject matter of the legislation;
1049
(b) the subject matter is germane to the subject matter over which the authorized
1050
legislative committee has jurisdiction; and
1051
(c) the member intends that the authorized legislative committee take action on the
1052
resulting draft legislation before the next general session in a meeting of the
1053
authorized legislative committee.
1054
(2) Except as provided in JR7-1-602, an authorized legislative committee may not authorize
1055
any individual or group of individuals to open a committee bill file.
1056
(3) An authorized legislative committee may not open a committee bill file during the
1057
period that begins January 1 and ends the day after the day on which the Legislature
1058
adjourns that year's general session sine die.
1059
Section 31. JR7-1-602 is amended to read:
1060
JR7-1-602 . Chairs' authority to open committee bill files.
1061
(1) Subject to the provisions of this rule, the following authorized legislative committees may delegate
the authority to open a committee bill file to the chairs of the committee:
1062
(a) an interim committee;
1063
(b) the Legislative Process Committee; or
1064
(c) the Rules Review and General Oversight Committee.
1065
(2) [An interim committee ] An authorized legislative committee described in Subsection (1)
1066
may authorize the committee chairs to independently open one or more committee bill
1067
files throughout the interim period if:
1068
(a) that authority is granted by the [interim ]committee to the chairs by means of a
1069
motion and majority vote;
1070
(b) the motion and vote occur during the [interim ]committee's first meeting [of the
1071
calendar year] after the Legislature adjourns that year's general session sine die;
1072
(c) the subject matter of each committee bill file opened by the chairs is directly related
1073
to:
1074
(i) for an interim committee, a study item on the list adopted by the interim
1075
committee under JR7-1-401(3); or
1076
(ii) a subject or issue that is expressly stated in the motion made under this rule; and
1077
(d) the decision to open each committee bill file is made jointly by the chairs.
1078
[(2)] (3) No committee other than an [interim committee] authorized legislative committee
1079
described in Subsection (1) may delegate the authority to independently open a
1080
committee bill file to the [chair or ]chairs of a committee.
- 32 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
1081
[(3)] (4) In the next [interim ]committee meeting after opening a bill file under Subsection
1082
(2), the chairs shall give the committee members notice:
1083
(a) that the chairs have opened the committee bill file; and
1084
(b) of the short title and subject matter of the committee bill file.
1085
Section 32. JR7-1-610 is amended to read:
1086
JR7-1-610 . Committee bill files -- Effect of favorable recommendation --
1087
Committee bill files without recommendation abandoned.
1088
(1) As used in this rule, "technical correction" means the same as that term is defined in
1089
JR4-2-401.
1090
(2) After an authorized legislative committee reviews draft legislation the authorized
1091
legislative committee may give the draft legislation a favorable recommendation.
1092
[(2)] (3) If an authorized legislative committee gives draft legislation a favorable
1093
recommendation, the Office of Legislative Research and General Counsel shall:
1094
(a) attach a committee note to the committee bill, as required under JR4-2-401; and
1095
(b) assign the committee bill a bill number in accordance with JR4-2-501.
1096
[(3)] (4)(a) Except as provided in Subsection [(3)(b)] (4)(b), a committee bill file that
1097
does not receive a favorable recommendation at the committee's last scheduled
1098
meeting of the calendar year in which the committee bill file was opened is
1099
abandoned.
1100
(b) Subsection [(3)(a)] (4)(a) does not apply to a committee bill file opened by:
1101
(i) the [Administrative Rules Review Committee] Rules Review and General
1102
Oversight Committee for the purpose of reauthorizing agency rules in accordance
1103
with Utah Code Section 63G-3-502; or
1104
(ii) the Legislative Process Committee created in Utah Code Section 36-17-1.
1105
[(4)] (5)(a) Nothing in this rule prohibits a legislator from making a request for
1106
legislation in the legislator's name to sponsor legislation that was abandoned in
1107
accordance with Subsection [(3)] (4).
1108
(b) A request for legislation described in Subsection [(4)(a)] (5)(a) is subject to the
1109
drafting priority described in JR4-2-102.
1110
(6) Between an authorized legislative committee's last scheduled meeting of the calendar
1111
year and the day on which the Office of Legislative Research and General Counsel
1112
numbers the committee's committee bill, a sponsor assigned to the committee bill in
1113
accordance with JR7-1-611 may not alter the committee bill, except to make a technical
1114
correction.
- 33 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
1115
Section 33. Effective Date.
1116
This resolution takes effect upon a successful vote for final passage.
- 34 -