Utah 2025 Regular Session

Utah House Bill HJR006 Compare Versions

OldNewDifferences
1-Enrolled Copy H.J.R. 6
1+02-26 18:34 2nd Sub. (Gray) H.J.R. 6
2+Lincoln Fillmore proposes the following substitute bill:
23 1
34 Joint Rules Resolution - Legislative Process Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: James A. Dunnigan
78 Senate Sponsor: Lincoln Fillmore
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
1415 5
1516 This joint rules resolution modifies legislative processes and procedures.
1617 6
1718 Highlighted Provisions:
1819 7
1920 This resolution:
2021 8
2122 ▸ defines terms;
2223 9
2324 ▸ removes the requirement that the Senate and House Rules committees meet annually to
2425 10
2526 review joint rules;
2627 11
2728 ▸ addresses the process to direct a roll call vote during an electronic meeting;
2829 12
2930 ▸ modifies legislative staff offices' reporting requirement related to performance measures;
3031 13
3132 ▸ requires the Executive Appropriations Committee to meet annually to approve legislative
3233 14
3334 staff offices' budgets and certify the Legislature's budget to the governor;
3435 15
3536 ▸ addresses the right of legislators to attend joint committee meetings, subject to certain
3637 16
3738 restrictions;
3839 17
3940 ▸ modifies specific bill format requirements;
4041 18
4142 ▸ clarifies how requests for legislation, priority request designations, and legislation are
4243 19
4344 treated when the chief sponsor is:
4445 20
4546 ● unable to serve in the next annual general session; or
4647 21
4748 ● elected or appointed to serve in the opposite chamber;
4849 22
4950 ▸ addresses the circumstances under which the Office of Legislative Research and General
5051 23
5152 Counsel removes a committee note;
5253 24
5354 ▸ clarifies the order in which the Office of Legislative Research and General Counsel
5455 25
5556 numbers legislation;
5657 26
5758 ▸ clarifies the days of the week the Senate and House give preference for the other
5859 27
59-chamber's legislation; H.J.R. 6 Enrolled Copy
60+chamber's legislation;
6061 28
6162 ▸ prohibits transferring sponsorship on legislation more than twice;
63+2nd Sub. H.J.R. 6 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
6264 29
6365 ▸ modifies the consideration of an amendment or substitute legislation made in the other
6466 30
6567 chamber;
6668 31
6769 ▸ modifies deadlines related to the passage of the final appropriations bill and fiscal note
6870 32
6971 bills;
7072 33
7173 ▸ clarifies reimbursement procedures related to legislative travel;
7274 34
7375 ▸ requires that when a legislative committee creates a subcommittee, the members must
7476 35
7577 include at least one senator and one representative;
7678 36
7779 ▸ authorizes the chairs of the Legislative Process Committee and the Rules Review and
7880 37
7981 General Oversight Committee to independently open a committee bill file, subject to
8082 38
8183 certain requirements;
8284 39
8385 ▸ prohibits the chief sponsor of a committee bill from altering the bill before the bill is
8486 40
8587 numbered for introduction, except altering to make a technical correction; and
8688 41
8789 ▸ makes technical and conforming changes.
8890 42
8991 Money Appropriated in this Bill:
9092 43
9193 None
9294 44
9395 Other Special Clauses:
9496 45
9597 None
9698 46
9799 Legislative Rules Affected:
98100 47
99101 AMENDS:
100102 48
101103 JR1-1-102
102104 49
103105 JR1-1-104
104106 50
105107 JR1-4-402
106108 51
107109 JR1-4-602
108110 52
109111 JR3-2-402
110112 53
111113 JR4-1-101
112114 54
113115 JR4-1-202
114116 55
115117 JR4-1-401
116118 56
117119 JR4-2-101
118120 57
119121 JR4-2-103
120122 58
121123 JR4-2-201
122124 59
123125 JR4-2-202
124126 60
125127 JR4-2-203
126128 61
127129 JR4-2-401
128-- 2 - Enrolled Copy H.J.R. 6
129130 62
130131 JR4-2-501
132+- 2 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
131133 63
132134 JR4-3-102
133135 64
134136 JR4-3-105
135137 65
136138 JR4-3-108
137139 66
138140 JR4-4-101
139141 67
140142 JR4-4-203
141143 68
142144 JR5-2-101
143145 69
144146 JR5-2-102
145147 70
146148 JR5-2-103
147149 71
148150 JR5-4-101
149151 72
150152 JR7-1-101
151153 73
152154 JR7-1-410
153155 74
154156 JR7-1-411
155157 75
156158 JR7-1-601.5
157159 76
158160 JR7-1-602
159161 77
160162 JR7-1-610
161163 78
162164 ENACTS:
163165 79
164166 JR3-2-710
165167 80
166168 REPEALS AND REENACTS:
167169 81
168170 JR4-2-102
169171 82
170172
171173 83
172174 Be it resolved by the Legislature of the state of Utah:
173175 84
174176 Section 1. JR1-1-102 is amended to read:
175177 85
176178 JR1-1-102 . Adoption of legislative rules.
177179 86
178180 (1)[(a)] At the beginning of each legislative session, the Legislature shall adopt Joint
179181 87
180182 Rules by a constitutional two-thirds vote of all senators and representatives.
181183 88
182184 [(b)] (2) Except as provided in Subsection [(1)(c)] (3), after the initial adoption of Joint
183185 89
184186 Rules, the Legislature may adopt additional Joint Rules or amend or repeal existing Joint
185187 90
186188 Rules by a constitutional majority vote.
187189 91
188190 [(c)] (3) The Legislature may adopt or amend a Joint Rule that includes a voting
189191 92
190192 requirement of more than a constitutional majority only by a constitutional two-thirds
191193 93
192194 vote of all senators and representatives.
193195 94
194196 [(2) The Senate and House Rules Committees shall:]
195197 95
196198 [(a) meet before each annual general session of the Legislature convenes;]
197-- 3 - H.J.R. 6 Enrolled Copy
198199 96
199200 [(b) review Joint Rules; and]
201+- 3 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
200202 97
201203 [(c) recommend to the Legislature any modifications that they consider necessary.]
202204 98
203205 Section 2. JR1-1-104 is amended to read:
204206 99
205207 JR1-1-104 . Single chamber's authority to suspend Joint Rules.
206208 100
207209 (1) Except as provided in Subsection (2), a single chamber may not suspend a Joint Rule.
208210 101
209211 (2) A single chamber may suspend by motion and majority vote one or more of the
210212 102
211213 following rules:
212214 103
213215 (a) JR2-1-103;
214216 104
215217 (b) JR4-3-103(2);
216218 105
217219 (c) JR4-3-105;
218220 106
219221 (d) JR4-3-302;
220222 107
221223 (e) [JR4-4-101(2)(b)] JR4-4-101(3)(b);
222224 108
223225 (f) JR4-4-201; or
224226 109
225227 (g) JR4-4-202.
226228 110
227229 (3) A motion and vote under Subsection (2) is valid only if the legislator making the motion
228230 111
229231 identifies in the motion each rule the legislator intends to suspend.
230232 112
231233 Section 3. JR1-4-402 is amended to read:
232234 113
233235 JR1-4-402 . Meeting format and participation -- Electronic meeting policy.
234236 114
235237 (1) In accordance with this part and Utah Code Title 52, Chapter 4, Open and Public
236238 115
237239 Meetings Act, a legislative public body may convene and conduct a meeting of the
238240 116
239241 legislative public body as an electronic meeting, subject to budget, public policy, and
240242 117
241243 logistical considerations.
242244 118
243245 (2)(a) Except as allowed under this rule, a member of a legislative public body who
244246 119
245247 attends a meeting of the legislative public body, including an electronic meeting,
246248 120
247249 shall attend the meeting in person.
248250 121
249251 (b) A member of a legislative public body may attend an electronic meeting of the
250252 122
251253 legislative public body by electronic means only if the member:
252254 123
253255 (i) has a specified reason; and
254256 124
255257 (ii) informs:
256258 125
257259 (A) the presiding officer or the presiding officer's designee; or
258260 126
259261 (B) the chair or the chair's designee.
260262 127
261263 (c) A legislative public body shall provide a description of how to electronically connect
262264 128
263265 to an electronic meeting:
264266 129
265267 (i) to each member authorized to attend the meeting by electronic means under
266-- 4 - Enrolled Copy H.J.R. 6
267268 130
268269 Subsection (2)(b); and
270+- 4 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
269271 131
270272 (ii)(A) 24 hours before the meeting is scheduled to begin; or
271273 132
272274 (B) if it is impracticable to comply with the 24-hour requirement in Subsection
273275 133
274276 (2)(c)(ii)(A), as soon as possible before the meeting begins.
275277 134
276278 (3) The presiding officer or the chair of a legislative public body shall conduct an electronic
277279 135
278280 meeting of the legislative public body from the anchor location.
279281 136
280282 (4) When a legislative public body convenes an electronic meeting, a member of the
281283 137
282284 legislative public body is considered present for all purposes, including determining a
283285 138
284286 quorum, only if the member is:
285287 139
286288 (a) present in person at the anchor location; or
287289 140
288290 (b) participating in the meeting by electronic means.
289291 141
290292 (5) When a member of a legislative public body attends a meeting of the legislative public
291293 142
292294 body by electronic means in accordance with this part, the member shall ensure that:
293295 143
294296 (a) if participating via video conference, the member's attire and appearance are
295297 144
296298 consistent with the attire and appearance that would be expected if the member were
297299 145
298300 attending the meeting in person; and
299301 146
300302 (b) the member's location:
301303 147
302304 (i) reflects the dignity of the meeting, particularly if the member is attending via
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304306 video conference; and
305307 149
306308 (ii) is free from any sight or noise that:
307309 150
308310 (A) can be seen or heard by others during the meeting; and
309311 151
310312 (B) is extraneous, distracting, disruptive, or inappropriate.
311313 152
312314 (6) A member of a legislative public body may not attend a meeting by electronic means
313315 153
314316 while engaging in any activity that would be abnormal or prohibited if the member were
315317 154
316318 attending the meeting in person, including operating a motor vehicle.
317319 155
318320 (7) In accordance with Utah Code Section 52-4-207[, ] :
319321 156
320322 (a) a legislative public body that convenes and conducts an electronic meeting may
321323 157
322324 provide a means by which members of the public who are not physically present at
323325 158
324326 the anchor location may attend the meeting by electronic means; and
325327 159
326328 (b) a chair, or a legislative body by majority vote, may direct a roll call vote during an
327329 160
328330 electronic meeting.
329331 161
330332 (8) Notwithstanding the other provisions of this rule:
331333 162
332334 (a) any member of a legislative public body may attend an emergency electronic meeting
333335 163
334336 by electronic means; and
335-- 5 - H.J.R. 6 Enrolled Copy
336337 164
337338 (b) the presiding officer or the chair of a legislative public body may conduct an
339+- 5 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
338340 165
339341 emergency electronic meeting of the legislative public body remotely by electronic
340342 166
341343 means.
342344 167
343345 Section 4. JR1-4-602 is amended to read:
344346 168
345347 JR1-4-602 . Performance reporting.
346348 169
347349 Each legislative office shall:
348350 170
349351 (1) develop performance measures to include in an appropriations act for each fiscal year;
350352 171
351353 and
352354 172
353355 (2) annually submit to the [Subcommittee on Oversight created in Utah Code Section
354356 173
355357 36-12-8.1] Legislative Management Committee created in Utah Code Section 36-12-6 a
356358 174
357359 report that contains:
358360 175
359361 (a) any recommendations for legislative changes for the next fiscal year to the office's
360362 176
361363 previously adopted performance measures; and
362364 177
363365 (b) the final status of the office's performance measures included in the appropriations
364366 178
365367 act for the fiscal year ending the previous June 30.
366368 179
367369 Section 5. JR3-2-402 is amended to read:
368370 180
369371 JR3-2-402 . Executive appropriations -- Duties -- Base budgets.
370372 181
371373 (1)(a) The Executive Appropriations Committee shall meet no later than the third
372374 182
373375 Wednesday in December to:
374376 183
375377 (i) direct staff as to what revenue estimate to use in preparing budget
376378 184
377379 recommendations, to include a forecast for federal fund receipts;
378380 185
379381 (ii) consider treating above-trend revenue growth as one-time revenue for major tax
380382 186
381383 types and for federal funds;
382384 187
383385 (iii) hear a report on the historical, current, and anticipated status of the following:
384386 188
385387 (A) debt;
386388 189
387389 (B) long term liabilities;
388390 190
389391 (C) contingent liabilities;
390392 191
391393 (D) General Fund borrowing;
392394 192
393395 (E) reserves;
394396 193
395397 (F) fund balances;
396398 194
397399 (G) nonlapsing appropriation balances;
398400 195
399401 (H) cash funded infrastructure investment; and
400402 196
401403 (I) changes in federal funds paid to the state;
402404 197
403405 (iv) hear a report on:
404-- 6 - Enrolled Copy H.J.R. 6
405406 198
406407 (A) the next fiscal year base budget appropriation for Medicaid accountable care
408+- 6 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
407409 199
408410 organizations according to Utah Code Section 26B-3-203;
409411 200
410412 (B) an explanation of program funding needs;
411413 201
412414 (C) estimates of overall medical inflation in the state; and
413415 202
414416 (D) mandated program changes and their estimated cost impact on Medicaid
415417 203
416418 accountable care organizations;
417419 204
418420 (v) decide whether to set aside special allocations for the end of the session, including
419421 205
420422 allocations:
421423 206
422424 (A) to address any anticipated reduction in the amount of federal funds paid to the
423425 207
424426 state; and
425427 208
426428 (B) of one-time revenue to pay down debt and other liabilities;
427429 209
428430 (vi)(A) hear a report on construction inflation and the ongoing operation and
429431 210
430432 maintenance costs of any capital development project requested by an
431433 211
432434 institution under Utah Code Section 53B-2a-117 or 53B-22-204; and
433435 212
434436 (B) in response to the report described in Subsection (1)(a)(vi)(A), decide whether
435437 213
436438 to adjust the next fiscal year base budget or set aside special allocations for the
437439 214
438440 end of the session;
439441 215
440442 (vii) decide whether to set aside special allocations for legislation that will reduce
441443 216
442444 taxes, including legislation that will reduce one or more tax rates;
443445 217
444446 (viii) subject to Subsection (1)(c), unless waived by majority vote, if the amortization
445447 218
446448 rate as defined in Utah Code Section 49-11-102 for the new fiscal year is less than
447449 219
448450 the amortization rate for the preceding fiscal year, set aside an amount equal to the
449451 220
450452 value of the reduction in the amortization rate;
451453 221
452454 (ix) approve the appropriate amount for each subcommittee to use in preparing its
453455 222
454456 budget;
455457 223
456458 (x) set a budget figure; and
457459 224
458460 (xi) adopt a base budget in accordance with Subsection (1)(b) and direct the
459461 225
460462 legislative fiscal analyst to prepare one or more appropriations acts appropriating
461463 226
462464 one or more base budgets for the next fiscal year.
463465 227
464466 (b) In a base budget adopted under Subsection (1)(a), the Executive Appropriations
465467 228
466468 Committee shall set appropriations from the General Fund, the Income Tax Fund,
467469 229
468470 and the Uniform School Fund as follows:
469471 230
470472 (i) if the next fiscal year ongoing revenue estimates set under Subsection (1)(a)(i) are
471473 231
472474 equal to or greater than the current fiscal year ongoing appropriations, the new
473-- 7 - H.J.R. 6 Enrolled Copy
474475 232
475476 fiscal year base budget is not changed;
477+- 7 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
476478 233
477479 (ii) if the next fiscal year ongoing revenue estimates set under Subsection (1)(a)(i) are
478480 234
479481 less than the current fiscal year ongoing appropriations, the new fiscal year base
480482 235
481483 budget is reduced by the same percentage that projected next fiscal year ongoing
482484 236
483485 revenue estimates are lower than the total of current fiscal year ongoing
484486 237
485487 appropriations;
486488 238
487489 (iii) in making a reduction under Subsection (1)(b)(ii), appropriated debt service shall
488490 239
489491 not be reduced, and other ongoing appropriations shall be reduced, in an amount
490492 240
491493 sufficient to make the total ongoing appropriations, including the unadjusted debt
492494 241
493495 service, equal to the percentage calculated under Subsection (1)(b)(ii); and
494496 242
495497 (iv) the new fiscal year base budget shall include an appropriation to the Department
496498 243
497499 of Health and Human Services for Medicaid accountable care organizations in the
498500 244
499501 amount required by Utah Code Section 26B-3-203.
500502 245
501503 (c)(i) The Executive Appropriations Committee shall:
502504 246
503505 (A) comply with the set aside requirement described in Subsection (1)(a)(vii)
504506 247
505507 using money from the General Fund, Income Tax Fund, and Uniform School
506508 248
507509 Fund;
508510 249
509511 (B) accumulate money set aside under Subsection (1)(a)(vii) across fiscal years;
510512 250
511513 and
512514 251
513515 (C) when the total amount set aside under Subsection (1)(a)(vii), including any
514516 252
515517 amount to be set aside in the new fiscal year, equals or exceeds the cost of a
516518 253
517519 0.50% increase in benefited state employee salaries for the new fiscal year,
518520 254
519521 include in the base budget an increase in benefited state employee salaries
520522 255
521523 equal to the total set aside amount.
522524 256
523525 (ii) The Executive Appropriations Committee may waive or modify a requirement
524526 257
525527 described in Subsection (1)(c)(i) by majority vote.
526528 258
527529 (d) The chairs of each joint appropriations subcommittee are invited to attend [this
528530 259
529531 meeting] the meeting described in this Subsection (1).
530532 260
531533 (2) All proposed budget items shall be submitted to one of the subcommittees named in
532534 261
533535 JR3-2-302 for consideration and recommendation.
534536 262
535537 (3)(a) After receiving and reviewing subcommittee reports, the Executive
536538 263
537539 Appropriations Committee may refer the report back to a joint appropriations
538540 264
539541 subcommittee with any guidelines the Executive Appropriations Committee
540542 265
541543 considers necessary to assist the subcommittee in producing a balanced budget.
542-- 8 - Enrolled Copy H.J.R. 6
543544 266
544545 (b) The subcommittee shall meet to review the new guidelines and report the
546+- 8 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
545547 267
546548 adjustments to the chairs of the Executive Appropriations Committee as soon as
547549 268
548550 possible.
549551 269
550552 (4)(a) After receiving the reports, the Executive Appropriations Committee chairs will
551553 270
552554 report them to the Executive Appropriations Committee.
553555 271
554556 (b) The Executive Appropriations Committee shall:
555557 272
556558 (i) make any further adjustments necessary to balance the budget; and
557559 273
558560 (ii) complete all decisions necessary to draft the final appropriations bills no later
559561 274
560562 than the last Friday before the 45th day of the annual general session.
561563 275
562564 (5) No later than December 1 of each calendar year, the Executive Appropriations
563565 276
564566 Committee shall:
565567 277
566568 (a) review the budget for the Office of the Legislative Fiscal Analyst, the Office of
567569 278
568570 Legislative Research and General Counsel, the Office of the Legislative Auditor
569571 279
570572 General, and the Office of Legislative Services; and
571573 280
572574 (b) certify the Legislature's budget to the governor in accordance with Utah Code
573575 281
574576 Section 63J-1-201.
575577 282
576578 Section 6. JR3-2-710 is enacted to read:
577579 283
578580 JR3-2-710 . Right of legislators to attend appropriations committee meetings.
579581 284
580582 (1) Any member of the Legislature may:
581583 285
582584 (a) attend any meeting of an appropriations committee or subcommittee, unless the
583585 286
584586 meeting is closed in accordance with Utah Code Title 52, Chapter 4, Open and Public
585587 287
586588 Meetings Act; and
587589 288
588590 (b) if recognized by the chair during a portion of the meeting when public comment is
589591 289
590592 permitted, present the legislator's views on the subject under consideration.
591593 290
592594 (2) A legislator who attends a meeting of an appropriations committee or subcommittee of
593595 291
594596 which the legislator is not a member may not:
595597 292
596598 (a) make a motion; or
597599 293
598600 (b) vote.
599601 294
600602 Section 7. JR4-1-101 is amended to read:
601603 295
602604 JR4-1-101 . Definitions.
603605 296
604606 As used in this title:
605607 297
606608 (1) "Bill" means legislation introduced for consideration by the Legislature that does any,
607609 298
608610 some, or all of the following to Utah statutes:
609611 299
610612 (a) amends;
611-- 9 - H.J.R. 6 Enrolled Copy
612613 300
613614 (b) enacts;
615+- 9 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
614616 301
615617 (c) repeals;
616618 302
617619 (d) repeals and reenacts; or
618620 303
619621 (e) renumbers and amends.
620622 304
621623 (2) "Boldface" means the brief descriptive summary of the contents of a statutory section
622624 305
623625 prepared by the Office of Legislative Research and General Counsel that is printed for
624626 306
625627 each title, chapter, part, and section of the Utah Code.
626628 307
627629 (3) "Concurrent resolution" means a written proposal of the Legislature and governor,
628630 308
629631 which, to be approved, must be passed by both chambers of the Legislature and
630632 309
631633 concurred to by the governor.
632634 310
633635 (4) "Constitutional joint resolution" means a joint resolution proposing to amend, enact, or
634636 311
635637 repeal portions of the Utah Constitution which, to be approved for submission to the
636638 312
637639 voters, must be passed by a two-thirds vote of both chambers of the Legislature.
638640 313
639641 (5) "Drafting instructions" means:
640642 314
641643 (a) specific information concerning the change or addition to law or policy that a
642644 315
643645 legislator intends to propose through legislation; or
644646 316
645647 (b) a specific situation or concern that a legislator intends to address through legislation.
646648 317
647649 (6) "House resolution" means a written proposal of the House of Representatives which, to
648650 318
649651 be approved, must be passed by the House of Representatives.
650652 319
651653 (7) "Joint resolution" means a written proposal of the Legislature which, to be approved,
652654 320
653655 must be passed by both chambers of the Legislature, including a constitutional joint
654656 321
655657 resolution.
656658 322
657659 (8) "Laws of Utah" means all of the laws currently in effect in Utah.
658660 323
659661 (9) "Legislation" means a bill or resolution introduced for consideration by the Legislature.
660662 324
661663 (10) "Legislative sponsor" means:
662664 325
663665 (a) the chief sponsor under JR4-2-103; or
664666 326
665667 (b) the legislator designated by the chief sponsor to be the opposite chamber floor
666668 327
667669 sponsor.
668670 328
669671 [(10)] (11) "Request for legislation" means a formal request from a legislator or an
670672 329
671673 authorized legislative committee that the Office of Legislative Research and General
672674 330
673675 Counsel prepare a bill or resolution.
674676 331
675677 [(11)] (12) "Resolution" includes a joint resolution, concurrent resolution, House resolution,
676678 332
677679 and Senate resolution.
678680 333
679681 [(12)] (13) "Senate resolution" means a written proposal of the Senate which, to be
680-- 10 - Enrolled Copy H.J.R. 6
681682 334
682683 approved, must be passed by the Senate.
684+- 10 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
683685 335
684686 [(13)] (14) "Statute" means a law that has met the constitutional requirements for enactment.
685687 336
686688 [(14)] (15) "Statutory section" means the unique unit of the laws of Utah that is identified by
687689 337
688690 a title, chapter, and section number.
689691 338
690692 Section 8. JR4-1-202 is amended to read:
691693 339
692694 JR4-1-202 . Specific bill format requirements.
693695 340
694696 (1) Each bill shall contain:
695697 341
696698 (a) a designation containing the information required by Subsection (2);
697699 342
698700 (b) a short title, which provides a short [common ]description of the bill;
699701 343
700702 (c) the year and type of legislative session in which the bill is to be introduced;
701703 344
702704 (d) the phrase "State of Utah";
703705 345
704706 (e) the sponsor's name, after the heading "Chief Sponsor:";
705707 346
706708 (f) if the bill is a House bill that has passed third reading in the House, the Senate
707709 347
708710 sponsor's name after the heading "Senate Sponsor:";
709711 348
710712 (g) if the bill is a Senate bill that has passed third reading in the Senate, the House
711713 349
712714 sponsor's name after the heading "House Sponsor:";
713715 350
714716 (h) a long title, which includes:
715717 351
716718 (i) a brief general description of the subject matter in the bill;
717719 352
718720 (ii) a list of the bill's key provisions;
719721 353
720722 [(ii)] (iii) a list of each section of the Utah Code affected by the bill, which cites by
721723 354
722724 statute number those statutes that the bill proposes be amended, enacted, repealed
723725 355
724726 and reenacted, renumbered and amended, and repealed; and
725727 356
726728 [(iii)] (iv) for bills that contain an appropriation, the sum proposed to be appropriated
727729 357
728730 by the bill unless the bill is an appropriation bill or supplemental appropriation bill
729731 358
730732 whose single subject is the appropriation of money;
731733 359
732734 (i) an enacting clause in the following form: "Be it enacted by the Legislature of the state
733735 360
734736 of Utah:"; and
735737 361
736738 (j) the subject matter, given in one or more sections.
737739 362
738740 (2) The designation shall be a heading that identifies the bill by [its] the bill's chamber of
739741 363
740742 introduction and by unique number assigned to [it] the bill by the Office of Legislative
741743 364
742744 Research and General Counsel and shall be in the following form: "S.B." or "H.B."
743745 365
744746 followed by the number assigned to the bill.
745747 366
746748 (3) The Office of Legislative Research and General Counsel shall draft a bill's short title
747749 367
748750 and long title described in Subsection (1) using language that:
749-- 11 - H.J.R. 6 Enrolled Copy
750751 368
751752 (a) accurately and objectively describes the bill's contents; and
753+- 11 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
752754 369
753755 (b) does not explicitly or implicitly advocate for one or more of the bill's policy
754756 370
755757 objectives.
756758 371
757759 Section 9. JR4-1-401 is amended to read:
758760 372
759761
760762 Part 4. Amendments
761763 373
762764 JR4-1-401 . Requesting amendments -- Identifying adopted amendments in
763765 374
764766 context.
765767 375
766768 (1)(a) Except as provided in Subsection (1)(b):
767769 376
768770 (i) only a senator may request an amendment for introduction in a Senate standing
769771 377
770772 committee or on the Senate floor; and
771773 378
772774 (ii) only a representative may request an amendment for introduction in a House
773775 379
774776 standing committee or on the House floor.
775777 380
776778 (b) A legislative sponsor of the legislation may request an amendment for introduction
777779 381
778780 in a Senate or House standing committee, regardless of whether the legislator is a
779781 382
780782 senator or a representative.
781783 383
782784 [(1)] (2) When a Senate committee or floor amendment is adopted in the Senate, the Senate
783785 384
784786 amendment shall be noted in the legislation with additional spacing and markers
785787 385
786788 indicating the beginning and ending of the adopted Senate amendment.
787789 386
788790 [(2)] (3) When a House committee or floor amendment is adopted in the House, the House
789791 387
790792 amendment shall be noted in the legislation with additional spacing and markers
791793 388
792794 indicating the beginning and ending of the adopted House amendment.
793795 389
794796 [(3)(a) Notwithstanding JR4-1-201, and except as provided in Subsection (3)(b), when
795797 390
796798 an additional section from the Utah Code is added to a bill by amendment:]
797799 391
798800 [(i) all of the language in the section that is to be repealed must appear between
799801 392
800802 brackets with the letters struck through; and]
801803 393
802804 [(ii) all of the new language in the section that is proposed to be enacted by the bill
803805 394
804806 must be underlined.]
805807 395
806808 [(b) If the additional section added to the bill by amendment is to be repealed, the text of
807809 396
808810 the repealed section need not be included.]
809811 397
810812 Section 10. JR4-2-101 is amended to read:
811813 398
812814 JR4-2-101 . Requests for legislation -- Timing.
813815 399
814816 (1) As used in this rule, "appointed legislator" means:
815817 400
816-(a) an incumbent legislator appointed to replace another legislator who resigns or is
818+(a) an incumbent legislator appointed to replace another legislator who resigns or is unable to serve;
819+or
817820 401
818-unable to serve; or
819-- 12 - Enrolled Copy H.J.R. 6
821+(b) an individual appointed to replace a legislator who resigns or is unable to serve.
822+- 12 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
820823 402
821-(b) an individual appointed to replace a legislator who resigns or is unable to serve.
824+(2)(a) A legislator wishing to introduce a bill or resolution shall file a request for
822825 403
823-(2)(a) A legislator wishing to introduce a bill or resolution shall file a request for
826+legislation with the Office of Legislative Research and General Counsel within the
824827 404
825-legislation with the Office of Legislative Research and General Counsel within the
828+time limits established by this rule.
826829 405
827-time limits established by this rule.
830+(b) The request for legislation shall:
828831 406
829-(b) The request for legislation shall:
832+(i) designate the chief sponsor, who is knowledgeable about and responsible for
830833 407
831-(i) designate the chief sponsor, who is knowledgeable about and responsible for
834+providing pertinent information as the legislation is drafted; and
832835 408
833-providing pertinent information as the legislation is drafted; and
836+(ii) include drafting instructions for the legislation.
834837 409
835-(ii) include drafting instructions for the legislation.
838+(c)(i)(A) The chief sponsor may modify the drafting instructions provided in
836839 410
837-(c)(i)(A) The chief sponsor may modify the drafting instructions provided in
840+accordance with Subsection [(1)(b)(ii) ] (2)(b)(ii) only if the modified drafting
838841 411
839-accordance with Subsection [(1)(b)(ii) ] (2)(b)(ii) only if the modified drafting
842+instructions do not deviate from the core subject matter of the original drafting
840843 412
841-instructions do not deviate from the core subject matter of the original drafting
844+instructions.
842845 413
843-instructions.
846+(B) The Office of Legislative Research and General Counsel shall apply the
844847 414
845-(B) The Office of Legislative Research and General Counsel shall apply the
848+standard described in Subsection [(1)(c)(i)(A) ] (2)(c)(i)(A) in a manner that
846849 415
847-standard described in Subsection [(1)(c)(i)(A) ] (2)(c)(i)(A) in a manner that
850+favors the chief sponsor.
848851 416
849-favors the chief sponsor.
852+(ii) If the chief sponsor wishes to modify the drafting instructions in a manner
850853 417
851-(ii) If the chief sponsor wishes to modify the drafting instructions in a manner
854+prohibited under Subsection [(1)(c)(i), ] (2)(c)(i), the chief sponsor shall file a new,
852855 418
853-prohibited under Subsection [(1)(c)(i), ] (2)(c)(i), the chief sponsor shall file a new,
856+separate request for legislation in accordance with this rule.
854857 419
855-separate request for legislation in accordance with this rule.
858+[(2)] (3)(a) Any legislator may file a request for legislation beginning 60 days after the
856859 420
857-[(2)] (3)(a) Any legislator may file a request for legislation beginning 60 days after the
860+Legislature adjourns its annual general session sine die.
858861 421
859-Legislature adjourns its annual general session sine die.
862+(b) A legislator-elect may file a request for legislation beginning on:
860863 422
861-(b) A legislator-elect may file a request for legislation beginning on:
864+(i) the day after:
862865 423
863-(i) the day after:
866+(A) [ ] for a single county race, the date on which the county election canvass is
864867 424
865-(A) [ ] for a single county race, the date on which the county election canvass is
868+completed; or
866869 425
870+(B) for a multi-county race, the date on which the statewide election canvass is
871+426
867872 completed; or
868-426
869-(B) for a multi-county race, the date on which the statewide election canvass is
870873 427
871-completed; or
874+(ii) if the legislator-elect's election results have not been finalized as of the canvass
872875 428
873-(ii) if the legislator-elect's election results have not been finalized as of the canvass
876+date, the day after the date the election results for the legislator-elect's race are
874877 429
875-date, the day after the date the election results for the legislator-elect's race are
878+finalized.
876879 430
877-finalized.
880+(c)(i) An incumbent legislator may not file any requests for legislation as of the date
878881 431
879-(c)(i) An incumbent legislator may not file any requests for legislation as of the date
882+that the legislator:
880883 432
881-that the legislator:
884+(A) fails to file to run for election to a seat in the Legislature;
882885 433
883-(A) fails to file to run for election to a seat in the Legislature;
886+(B) is ineligible to be included on the ballot for the election in which the legislator
884887 434
885-(B) is ineligible to be included on the ballot for the election in which the legislator
888+would have sought an additional term; or
886889 435
887-would have sought an additional term; or
888-- 13 - H.J.R. 6 Enrolled Copy
890+(C) fails to win reelection and the legislator's opponent is eligible to file a request
891+- 13 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
889892 436
890-(C) fails to win reelection and the legislator's opponent is eligible to file a request
893+for legislation under Subsection [(2)(b)] (3)(b).
891894 437
892-for legislation under Subsection [(2)(b)] (3)(b).
895+(ii) Subsection [(2)(c)(i)] (3)(c)(i) does not apply to a request for legislation for:
893896 438
894-(ii) Subsection [(2)(c)(i)] (3)(c)(i) does not apply to a request for legislation for:
897+(A) a general session that occurs while the legislator is in office; or
895898 439
896-(A) a general session that occurs while the legislator is in office; or
899+(B) a special session that occurs while the legislator is in office.
897900 440
898-(B) a special session that occurs while the legislator is in office.
901+[(d)(i) If, for any reason, a legislator who filed a request for legislation is unavailable
899902 441
900-[(d)(i) If, for any reason, a legislator who filed a request for legislation is unavailable
903+to serve in the next annual general session, the former legislator may seek another
901904 442
902-to serve in the next annual general session, the former legislator may seek another
905+legislator to assume sponsorship of each request for legislation filed by the
903906 443
904-legislator to assume sponsorship of each request for legislation filed by the
907+legislator who is unavailable to serve.]
905908 444
906-legislator who is unavailable to serve.]
909+[(ii) If the former legislator is unable to find another legislator to sponsor the
907910 445
908-[(ii) If the former legislator is unable to find another legislator to sponsor the
911+legislation within 30 days, the Office of Legislative Research and General
909912 446
910-legislation within 30 days, the Office of Legislative Research and General
913+Counsel shall abandon each request for legislation from the legislator who is
911914 447
912-Counsel shall abandon each request for legislation from the legislator who is
915+unavailable to serve.]
913916 448
914-unavailable to serve.]
917+[(e)] (d)(i) Except as provided in Subsection (3)(e), if a legislator who filed a request
915918 449
916-[(e)] (d)(i) Except as provided in Subsection (3)(e), if a legislator who filed a request
919+for legislation is unable to serve in the next annual general session for any reason,
917920 450
918-for legislation is unable to serve in the next annual general session for any reason,
921+the former legislator may seek another legislator to assume sponsorship of the
919922 451
920-the former legislator may seek another legislator to assume sponsorship of the
923+former legislator's legislation.
921924 452
922-former legislator's legislation.
925+(ii) If a former legislator is unable to find another legislator to assume sponsorship
923926 453
924-(ii) If a former legislator is unable to find another legislator to assume sponsorship
927+under Subsection (3)(d)(i), the Office of Legislative Research and General
925928 454
926-under Subsection (3)(d)(i), the Office of Legislative Research and General
929+Counsel shall abandon each request the earlier of:
927930 455
928-Counsel shall abandon each request the earlier of:
931+(A) 30 days after the day on which the former legislator is unable to serve; or
929932 456
930-(A) 30 days after the day on which the former legislator is unable to serve; or
933+(B) noon on the 11th day of the annual general session.
931934 457
932-(B) noon on the 11th day of the annual general session.
935+(iii) The 30-day time period described in Subsection (3)(d)(ii)(A) begins the day on
933936 458
934-(iii) The 30-day time period described in Subsection (3)(d)(ii)(A) begins the day on
937+which a former legislator no longer holds the former legislator's seat.
935938 459
936-which a former legislator no longer holds the former legislator's seat.
939+(e)(i) If a legislator dies while in office and is the chief sponsor of one or more
937940 460
938-(e)(i) If a legislator dies while in office and is the chief sponsor of one or more
941+requests for legislation or pieces of legislation, the individual appointed to the
939942 461
940-requests for legislation or pieces of legislation, the individual appointed to the
943+legislator's seat may assume sponsorship of each request for legislation or piece of
941944 462
942-legislator's seat may assume sponsorship of each request for legislation or piece of
945+legislation.
943946 463
947+(ii) If the individual appointed to the legislator's seat chooses not to assume
948+464
949+sponsorship of one or more of the legislator's requests for legislation or pieces of
950+465
951+legislation, the following individual shall seek another legislator to assume
952+466
953+sponsorship of each request for legislation or piece of legislation:
954+467
955+(A) if the legislator was a member of the House majority caucus, the House
956+468
957+majority leader;
958+469
959+(B) if the legislator was a member of the House minority caucus, the House
960+- 14 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
961+470
962+minority leader;
963+471
964+(C) if the legislator was a member of the Senate majority caucus, the Senate
965+472
966+majority leader; or
967+473
968+(D) if the legislator was a member of the Senate minority caucus, the Senate
969+474
970+minority leader.
971+475
972+(iii) If the individual described in Subsection [(2)(e)(ii)] (3)(e)(ii) does not find a new
973+476
974+sponsor:
975+477
976+(A) [ ]for a request for legislation, the Office of Legislative Research and General
977+478
978+Counsel shall abandon the request for legislation; and
979+479
980+(B) for legislation, the legislation shall be returned to the originating chamber and
981+480
982+filed.
983+481
984+(f)(i) A legislator-elect who is an incumbent legislator may retain any requests for
985+482
986+legislation the legislator-elect filed before the date described in Subsection (3)(b).
987+483
988+(ii) An appointed legislator who is an incumbent legislator may retain any requests
989+484
990+for legislation the appointed legislator filed before assuming the seat to which the
991+485
992+legislator is appointed.
993+486
994+[(3)] (4)(a) Except as provided in Subsection [(3)(c)] (4)(c), a legislator may not file a
995+487
996+request for legislation with the Office of Legislative Research and General Counsel
997+488
998+after noon on the 11th day of the annual general session.
999+489
1000+(b) On the 11th day of the annual general session, the Office of Legislative Research and
1001+490
1002+General Counsel shall make public on the Legislature's website the short title and
1003+491
1004+sponsor of each request for legislation, unless the sponsor abandons the request for
1005+492
1006+legislation before noon on the 11th day of the annual general session.
1007+493
1008+(c)(i) After the 11th day of the annual general session, a legislator may file a request
1009+494
1010+for legislation only if:
1011+495
1012+(A) for House legislation, the representative makes a motion to request legislation
1013+496
1014+for drafting and introduction and that motion is approved by a constitutional
1015+497
1016+majority of the House; or
1017+498
1018+(B) for Senate legislation, the senator makes a motion to request legislation for
1019+499
1020+drafting and introduction and that motion is approved by a constitutional
1021+500
1022+majority vote of the Senate.
1023+501
1024+(ii) The Office of Legislative Research and General Counsel shall make public on the
1025+502
1026+Legislature's website the short title and sponsor of each request for legislation
1027+503
1028+described in this Subsection [(3)(c)] (4)(c).
1029+- 15 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
1030+504
1031+[(4)] (5) After a request for legislation is abandoned, a legislator may not revive the request
1032+505
1033+for legislation.
1034+506
1035+[(5)] (6) A legislator wishing to obtain funding for a project, program, or entity, when that
1036+507
1037+funding request does not require that a statute be enacted, repealed, or amended, may not
1038+508
1039+file a request for legislation but instead shall file a request for appropriation by following
1040+509
1041+the procedures and requirements of JR3-2-701.
1042+510
1043+Section 11. JR4-2-102 is repealed and reenacted to read:
1044+511
1045+JR4-2-102 . Drafting and prioritizing legislation.
1046+512
1047+(1) As used in this rule, "appointed legislator" means the same as that term is defined in
1048+513
1049+JR4-2-101.
1050+514
1051+(2) The Office of Legislative Research and General Counsel shall:
1052+515
1053+(a) draft requests for legislation on a first-in, first-out basis, except for legislation that is
1054+516
1055+prioritized under the provisions of this rule; and
1056+517
1057+(b) when sufficient drafting information is available, draft the following requests for
1058+518
1059+legislation before other requests for legislation, in the following order of priority:
1060+519
1061+(i) a committee bill, as that term is defined in JR7-1-101; and
1062+520
1063+(ii) a request for legislation designated as a priority request in accordance with this
1064+521
1065+rule.
1066+522
1067+(3)(a) Beginning the first day on which a legislator may file a request for legislation
1068+523
1069+under JR4-2-101:
1070+524
1071+(i) a representative may designate up to four requests for legislation as priority
1072+525
1073+requests, as follows:
1074+526
1075+(A) priority request one on or before November 15, or the following regular
1076+527
1077+business day if November 15 falls on a weekend or a holiday;
1078+528
1079+(B) priority request two on the first Thursday in December, or the following
1080+529
1081+business day if the first Thursday falls on a holiday;
1082+530
1083+(C) priority request three on or before the first Thursday in January, or the
1084+531
1085+following business day if the first Thursday falls on a holiday; and
1086+532
1087+(D) priority request four on or before the first Thursday of the annual general
1088+533
1089+session; and
1090+534
1091+(ii) a senator may designate up to five requests for legislation as priority requests, as
1092+535
1093+follows:
1094+536
1095+(A) priority requests one and two on or before November 15, or the following
1096+537
1097+regular business day if November 15 falls on a weekend or a holiday;
1098+- 16 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
1099+538
1100+(B) priority request three on the first Thursday in December, or the following
1101+539
1102+business day if the first Thursday falls on a holiday;
1103+540
1104+(C) priority request four on or before the first Thursday in January, or the
1105+541
1106+following business day if the first Thursday falls on a holiday; and
1107+542
1108+(D) priority request five on or before the first Thursday of the annual general
1109+543
1110+session.
1111+544
1112+(b)(i) A legislator who fails to make a priority request on or before a deadline loses
1113+545
1114+that priority request.
1115+546
1116+(ii) Subsection (3)(b)(i) does not prohibit a legislator from using any remaining
1117+547
1118+priority requests that are associated with a later deadline, if available.
1119+548
1120+(4) A legislator may not:
1121+549
1122+(a) revoke a priority designation once the priority has been requested;
1123+550
1124+(b) transfer a priority designation to another of the legislator's request for legislation; or
1125+551
1126+(c) except as provided in Subsection (7), transfer a priority designation to another
1127+552
1128+legislator.
1129+553
1130+(5)(a)(i) A representative-elect who is not an incumbent legislator may designate up
1131+554
1132+to four priority requests as follows:
1133+555
1134+(A) priority requests one and two on or before the first Thursday in December, or
1135+556
1136+the following business day if the first Thursday falls on a holiday; and
1137+557
1138+(B) priority requests three and four in accordance with Subsections (3)(a)(i)(C)
1139+558
1140+and (D), respectively.
1141+559
1142+(ii) A representative-elect who is an incumbent senator may designate up to four
1143+560
1144+priority requests in accordance with the deadlines for representatives described in
1145+561
1146+Subsection (3)(a)(i).
1147+562
1148+(b)(i) A senator-elect who is not an incumbent legislator may designate up to five
1149+563
1150+priority requests as follows:
1151+564
1152+(A) priority requests one, two, and three on or before the first Thursday in
1153+565
1154+December, or the following business day if the first Thursday falls on a
1155+566
1156+holiday; and
1157+567
1158+(B) priority requests four and five in accordance with Subsections (3)(a)(ii)(C)
1159+568
1160+and (D), respectively.
1161+569
1162+(ii) A senator-elect who is an incumbent representative may designate up to five
1163+570
1164+priority requests as follows:
1165+571
1166+(A) priority request one in accordance with Subsection (3)(a)(ii)(A);
1167+- 17 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
1168+572
1169+(B) priority requests two and three on or before the first Thursday in December, or
1170+573
1171+the following business day if the first Thursday falls on a holiday; and
1172+574
1173+(C) priority requests four and five in accordance with Subsections (3)(a)(ii)(C)
1174+575
1175+and (D), respectively.
1176+576
1177+(6)(a) An appointed legislator may:
1178+577
1179+(i) if the appointed legislator is a representative, designate up to four requests for
1180+578
1181+legislation as priority requests, less the number of priority requests designated by
1182+579
1183+the appointed legislator's predecessor; or
1184+580
1185+(ii) if the appointed legislator is a senator, designate up to five requests for legislation
1186+581
1187+as priority requests, less the number of priority requests designated by the
1188+582
1189+appointed legislator's predecessor.
1190+583
1191+(b) The deadline for an appointed legislator to designate each priority request is the same
1192+584
1193+as the deadline that would apply if the designation were made by the appointed
1194+585
1195+legislator's predecessor.
1196+586
1197+(7) Notwithstanding Subsection (4)(d):
1198+587
1199+(a)(i) a request for legislation designated as a priority request remains a priority
1200+588
1201+request if the request for legislation is transferred to another legislator in
1202+589
1203+accordance with:
1204+590
1205+(A) JR4-2-101(3)(d) because the legislator resigned or was expelled from office; or
1206+591
1207+(B) JR4-2-101(3)(e); and
1208+592
1209+(ii) a priority request transferred under Subsection (7)(a) does not count against the
1210+593
1211+number of priority designations to which the receiving legislator is entitled under
1212+594
1213+Subsection (3);
1214+595
1215+(b)(i) if a legislator-elect is an incumbent legislator who designated a priority request
1216+596
1217+before assuming the legislator-elect's new seat, the legislator-elect may retain the
1218+597
1219+priority request; and
1220+598
1221+(ii) a priority request retained under Subsection (7)(b)(i) counts against the number of
1222+599
1223+priority designations to which the legislator-elect is entitled under Subsection (5);
1224+600
1225+and
1226+601
1227+(c)(i) if an appointed legislator is an incumbent legislator who designated a priority
1228+602
1229+request before assuming the appointed legislator's new seat, the appointed
1230+603
1231+legislator may:
1232+604
1233+(A) transfer the priority request in accordance with JR4-2-101(3)(d); or
1234+605
1235+(B) retain the priority request; and
1236+- 18 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
1237+606
1238+(ii) if an appointed legislator transfers or retains a priority request under Subsection
1239+607
1240+(7)(c)(i), that priority request:
1241+608
1242+(A) does not count toward the number of priority designations to which the
1243+609
1244+appointed legislator is entitled under Subsection (6); and
1245+610
1246+(B) counts against the number of priority designations to which the individual
1247+611
1248+appointed to replace the appointed legislator is entitled under Subsection (6).
1249+612
1250+Section 12. JR4-2-103 is amended to read:
1251+613
1252+JR4-2-103 . Legislation -- Sponsorship.
1253+614
1254+(1) As used in this rule, "former legislator" means a legislator who:
1255+615
1256+(a) is unable to serve in the next annual general session; or
1257+616
1258+(b) is an incumbent legislator appointed to replace another legislator who resigns or is
1259+617
1260+unable to serve.
1261+618
1262+[(1)] (2)(a) The legislator who approves [the] a request for legislation for numbering is
1263+619
1264+the chief sponsor.
1265+620
1266+(b) The chief sponsor may withdraw sponsorship of the legislation by following the
1267+621
1268+procedures and requirements of Senate Rules or House Rules.
1269+622
1270+(c) Subject to JR4-2-102(4), the chief sponsor of the legislation cannot change more than
1271+623
1272+twice.
1273+624
1274+[(2)] (3)(a) Before or after the legislation is introduced, legislators from the same
1275+625
1276+chamber as the chief sponsor may have their names added to or deleted from the
1277+626
1278+legislation as co-sponsors by following the procedures and requirements of Senate
1279+627
1280+Rules or House Rules.
1281+628
1282+(b) Except as provided in Subsection (3), only legislators who are members of the same
1283+629
1284+chamber as the chief sponsor may co-sponsor legislation.
1285+630
1286+[(3)] (4) Before the secretary of the Senate or the chief clerk of the House may transfer
1287+631
1288+legislation to the opposite chamber, the chief sponsor shall:
1289+632
1290+(a) designate a member of the opposite chamber as sponsor of the legislation for that
1291+633
1292+chamber; and
1293+634
1294+(b) provide the secretary or chief clerk with the name of that sponsor for designation on
1295+635
1296+the legislation.
1297+636
1298+(5)(a) Except as provided in JR4-2-101(3)(e):
1299+637
1300+(i) a former legislator who is a senator and the chief sponsor of legislation may seek
1301+638
1302+another senator to assume sponsorship of the former legislator's legislation; or
1303+639
1304+(ii) a former legislator who is a representative and the chief sponsor of legislation
1305+- 19 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
1306+640
1307+may seek another representative to assume sponsorship of the former legislator's
1308+641
9441309 legislation.
945-464
946-(ii) If the individual appointed to the legislator's seat chooses not to assume
947-465
948-sponsorship of one or more of the legislator's requests for legislation or pieces of
949-466
950-legislation, the following individual shall seek another legislator to assume
951-467
952-sponsorship of each request for legislation or piece of legislation:
953-468
954-(A) if the legislator was a member of the House majority caucus, the House
955-469
956-majority leader;
957-- 14 - Enrolled Copy H.J.R. 6
958-470
959-(B) if the legislator was a member of the House minority caucus, the House
960-471
961-minority leader;
962-472
963-(C) if the legislator was a member of the Senate majority caucus, the Senate
964-473
965-majority leader; or
966-474
967-(D) if the legislator was a member of the Senate minority caucus, the Senate
968-475
969-minority leader.
970-476
971-(iii) If the individual described in Subsection [(2)(e)(ii)] (3)(e)(ii) does not find a new
972-477
973-sponsor:
974-478
975-(A) [ ]for a request for legislation, the Office of Legislative Research and General
976-479
977-Counsel shall abandon the request for legislation; and
978-480
979-(B) for legislation, the legislation shall be returned to the originating chamber and
980-481
981-filed.
982-482
983-(f)(i) A legislator-elect who is an incumbent legislator may retain any requests for
984-483
985-legislation the legislator-elect filed before the date described in Subsection (3)(b).
986-484
987-(ii) An appointed legislator who is an incumbent legislator may retain any requests
988-485
989-for legislation the appointed legislator filed before assuming the seat to which the
990-486
991-legislator is appointed.
992-487
993-[(3)] (4)(a) Except as provided in Subsection [(3)(c)] (4)(c), a legislator may not file a
994-488
995-request for legislation with the Office of Legislative Research and General Counsel
996-489
997-after noon on the 11th day of the annual general session.
998-490
999-(b) On the 11th day of the annual general session, the Office of Legislative Research and
1000-491
1001-General Counsel shall make public on the Legislature's website the short title and
1002-492
1003-sponsor of each request for legislation, unless the sponsor abandons the request for
1004-493
1005-legislation before noon on the 11th day of the annual general session.
1006-494
1007-(c)(i) After the 11th day of the annual general session, a legislator may file a request
1008-495
1009-for legislation only if:
1010-496
1011-(A) for House legislation, the representative makes a motion to request legislation
1012-497
1013-for drafting and introduction and that motion is approved by a constitutional
1014-498
1015-majority of the House; or
1016-499
1017-(B) for Senate legislation, the senator makes a motion to request legislation for
1018-500
1019-drafting and introduction and that motion is approved by a constitutional
1020-501
1021-majority vote of the Senate.
1022-502
1023-(ii) The Office of Legislative Research and General Counsel shall make public on the
1024-503
1025-Legislature's website the short title and sponsor of each request for legislation
1026-- 15 - H.J.R. 6 Enrolled Copy
1027-504
1028-described in this Subsection [(3)(c)] (4)(c).
1029-505
1030-[(4)] (5) After a request for legislation is abandoned, a legislator may not revive the request
1031-506
1032-for legislation.
1033-507
1034-[(5)] (6) A legislator wishing to obtain funding for a project, program, or entity, when that
1035-508
1036-funding request does not require that a statute be enacted, repealed, or amended, may not
1037-509
1038-file a request for legislation but instead shall file a request for appropriation by following
1039-510
1040-the procedures and requirements of JR3-2-701.
1041-511
1042-Section 11. JR4-2-102 is repealed and reenacted to read:
1043-512
1044-JR4-2-102 . Drafting and prioritizing legislation.
1045-513
1046-(1) As used in this rule, "appointed legislator" means the same as that term is defined in
1047-514
1048-JR4-2-101.
1049-515
1050-(2) The Office of Legislative Research and General Counsel shall:
1051-516
1052-(a) draft requests for legislation on a first-in, first-out basis, except for legislation that is
1053-517
1054-prioritized under the provisions of this rule; and
1055-518
1056-(b) when sufficient drafting information is available, draft the following requests for
1057-519
1058-legislation before other requests for legislation, in the following order of priority:
1059-520
1060-(i) a committee bill, as that term is defined in JR7-1-101; and
1061-521
1062-(ii) a request for legislation designated as a priority request in accordance with this
1063-522
1064-rule.
1065-523
1066-(3)(a) Beginning the first day on which a legislator may file a request for legislation
1067-524
1068-under JR4-2-101:
1069-525
1070-(i) a representative may designate up to four requests for legislation as priority
1071-526
1072-requests, as follows:
1073-527
1074-(A) priority request one on or before November 15, or the following regular
1075-528
1076-business day if November 15 falls on a weekend or a holiday;
1077-529
1078-(B) priority request two on the first Thursday in December, or the following
1079-530
1080-business day if the first Thursday falls on a holiday;
1081-531
1082-(C) priority request three on or before the first Thursday in January, or the
1083-532
1084-following business day if the first Thursday falls on a holiday; and
1085-533
1086-(D) priority request four on or before the first Thursday of the annual general
1087-534
1088-session; and
1089-535
1090-(ii) a senator may designate up to five requests for legislation as priority requests, as
1091-536
1092-follows:
1093-537
1094-(A) priority requests one and two on or before November 15, or the following
1095-- 16 - Enrolled Copy H.J.R. 6
1096-538
1097-regular business day if November 15 falls on a weekend or a holiday;
1098-539
1099-(B) priority request three on the first Thursday in December, or the following
1100-540
1101-business day if the first Thursday falls on a holiday;
1102-541
1103-(C) priority request four on or before the first Thursday in January, or the
1104-542
1105-following business day if the first Thursday falls on a holiday; and
1106-543
1107-(D) priority request five on or before the first Thursday of the annual general
1108-544
1109-session.
1110-545
1111-(b)(i) A legislator who fails to make a priority request on or before a deadline loses
1112-546
1113-that priority request.
1114-547
1115-(ii) Subsection (3)(b)(i) does not prohibit a legislator from using any remaining
1116-548
1117-priority requests that are associated with a later deadline, if available.
1118-549
1119-(4) A legislator may not:
1120-550
1121-(a) revoke a priority designation once the priority has been requested;
1122-551
1123-(b) transfer a priority designation to another of the legislator's request for legislation; or
1124-552
1125-(c) except as provided in Subsection (7), transfer a priority designation to another
1126-553
1127-legislator.
1128-554
1129-(5)(a)(i) A representative-elect who is not an incumbent legislator may designate up
1130-555
1131-to four priority requests as follows:
1132-556
1133-(A) priority requests one and two on or before the first Thursday in December, or
1134-557
1135-the following business day if the first Thursday falls on a holiday; and
1136-558
1137-(B) priority requests three and four in accordance with Subsections (3)(a)(i)(C)
1138-559
1139-and (D), respectively.
1140-560
1141-(ii) A representative-elect who is an incumbent senator may designate up to four
1142-561
1143-priority requests in accordance with the deadlines for representatives described in
1144-562
1145-Subsection (3)(a)(i).
1146-563
1147-(b)(i) A senator-elect who is not an incumbent legislator may designate up to five
1148-564
1149-priority requests as follows:
1150-565
1151-(A) priority requests one, two, and three on or before the first Thursday in
1152-566
1153-December, or the following business day if the first Thursday falls on a
1154-567
1155-holiday; and
1156-568
1157-(B) priority requests four and five in accordance with Subsections (3)(a)(ii)(C)
1158-569
1159-and (D), respectively.
1160-570
1161-(ii) A senator-elect who is an incumbent representative may designate up to five
1162-571
1163-priority requests as follows:
1164-- 17 - H.J.R. 6 Enrolled Copy
1165-572
1166-(A) priority request one in accordance with Subsection (3)(a)(ii)(A);
1167-573
1168-(B) priority requests two and three on or before the first Thursday in December, or
1169-574
1170-the following business day if the first Thursday falls on a holiday; and
1171-575
1172-(C) priority requests four and five in accordance with Subsections (3)(a)(ii)(C)
1173-576
1174-and (D), respectively.
1175-577
1176-(6)(a) An appointed legislator may:
1177-578
1178-(i) if the appointed legislator is a representative, designate up to four requests for
1179-579
1180-legislation as priority requests, less the number of priority requests designated by
1181-580
1182-the appointed legislator's predecessor; or
1183-581
1184-(ii) if the appointed legislator is a senator, designate up to five requests for legislation
1185-582
1186-as priority requests, less the number of priority requests designated by the
1187-583
1188-appointed legislator's predecessor.
1189-584
1190-(b) The deadline for an appointed legislator to designate each priority request is the same
1191-585
1192-as the deadline that would apply if the designation were made by the appointed
1193-586
1194-legislator's predecessor.
1195-587
1196-(7) Notwithstanding Subsection (4)(d):
1197-588
1198-(a)(i) a request for legislation designated as a priority request remains a priority
1199-589
1200-request if the request for legislation is transferred to another legislator in
1201-590
1202-accordance with:
1203-591
1204-(A) JR4-2-101(3)(d) because the legislator resigned or was expelled from office; or
1205-592
1206-(B) JR4-2-101(3)(e); and
1207-593
1208-(ii) a priority request transferred under Subsection (7)(a) does not count against the
1209-594
1210-number of priority designations to which the receiving legislator is entitled under
1211-595
1212-Subsection (3);
1213-596
1214-(b)(i) if a legislator-elect is an incumbent legislator who designated a priority request
1215-597
1216-before assuming the legislator-elect's new seat, the legislator-elect may retain the
1217-598
1218-priority request; and
1219-599
1220-(ii) a priority request retained under Subsection (7)(b)(i) counts against the number of
1221-600
1222-priority designations to which the legislator-elect is entitled under Subsection (5);
1223-601
1310+642
1311+(b) If, within 30 days, a former legislator is unable to find another legislator to assume
1312+643
1313+sponsorship of the former legislator's legislation, the legislation shall be returned to
1314+644
1315+the originating chamber and filed.
1316+645
1317+(c) The 30-day time period described in Subsection (5)(b) begins the day on which a
1318+646
1319+former legislator no longer holds the former legislator's seat.
1320+647
1321+Section 13. JR4-2-201 is amended to read:
1322+648
1323+JR4-2-201 . Definitions.
1324+649
1325+ As used in this part:
1326+650
1327+[(1) "Committee substitute" means a substitute bill or resolution that is prepared for
1328+651
1329+introduction in a Senate or House standing committee.]
1330+652
1331+[(2) "Floor substitute" means a substitute bill or resolution that is prepared for introduction
1332+653
1333+on the Senate or House floor.]
1334+654
1335+[(3)] (1)(a) "Germane" means that the substitute is relevant, appropriate, and in a natural
1336+655
1337+and logical sequence to the subject matter of the original legislation.
1338+656
1339+(b) "Germane" includes a substitute that changes the effect or is in conflict with the spirit
1340+657
1341+of the original legislation if the substance of the substitute can be encompassed
1342+658
1343+within the subject of the underlying bill.
1344+659
1345+[(4)] (2) "Replacement legislation" means a bill, resolution, or substitute that replaces the
1346+660
1347+original because of a technical error.
1348+661
1349+[(5)] (3) "Substitute" means a new bill or resolution that:
1350+662
1351+(a) replaces the old bill or resolution in title and body; and
1352+663
1353+(b) is germane to the subject of the original bill or resolution.
1354+664
1355+Section 14. JR4-2-202 is amended to read:
1356+665
1357+JR4-2-202 . Substitute bills or resolutions.
1358+666
1359+[(1)(a) By following the procedures and requirements of Senate or House rule, a
1360+667
1361+legislator may propose a committee substitute to any Senate or House legislation that
1362+668
1363+is under consideration by a committee of which the legislator is a member.]
1364+669
1365+[(b) By following the procedures and requirements of Senate or House rule, a legislator
1366+670
1367+may propose a floor substitute to any Senate or House legislation that is under
1368+671
1369+consideration by the chamber of which the legislator is a member.]
1370+672
1371+[(2)] (1)(a) To initiate drafting of a substitute, a legislator shall give instructions to the
1372+673
1373+attorney who drafted the legislation.
1374+- 20 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
1375+674
1376+(b) Except as provided in Subsection (1)(c):
1377+675
1378+(i) only a senator may request a substitute for introduction in a Senate standing
1379+676
1380+committee or on the Senate floor; and
1381+677
1382+(ii) only a representative may request a substitute for introduction in a House
1383+678
1384+standing committee or on the House floor.
1385+679
1386+(c) A legislative sponsor of the legislation may request a substitute for introduction in a
1387+680
1388+Senate or House standing committee regardless of whether the legislator is a senator
1389+681
1390+or a representative.
1391+682
1392+[(3)] (2) After the substitute sponsor has approved the substitute, the Office of Legislative
1393+683
1394+Research and General Counsel shall:
1395+684
1396+(a) electronically set the line numbers of the substitute;
1397+685
1398+(b) assign a version number to the substitute; and
1399+686
1400+(c) distribute the substitute according to the substitute sponsor's instructions.
1401+687
1402+[(4)] (3)(a) Subject to the other provisions of this rule, after the original version of the
1403+688
1404+legislation is introduced, a rules committee, standing committee, or the Senate or
1405+689
1406+House of Representatives may adopt the original version of the legislation or any
1407+690
1408+substitute version of the legislation, regardless of the version number.
1409+691
1410+(b)(i) If the version of the legislation being adopted was previously adopted, but
1411+692
1412+replaced with a different version, the version of the legislation being adopted shall
1413+693
1414+be adopted as it was previously introduced, without any amendments that may
1415+694
1416+have been added to the introduced version.
1417+695
1418+(ii) An amendment described in Subsection [(4)(b)(i)] (3)(b)(i), or any other
1419+696
1420+amendment otherwise in order, may be proposed by a motion separate from the
1421+697
1422+motion to adopt that substitute or original version of the legislation.
1423+698
1424+(c) A rules committee, a standing committee, the Senate, and the House of
1425+699
1426+Representatives are prohibited from suspending the provisions of this Subsection [(4)]
1427+700
1428+(3).
1429+701
1430+Section 15. JR4-2-203 is amended to read:
1431+702
1432+JR4-2-203 . Replacement bills or resolutions.
1433+703
1434+(1) If the legislative general counsel determines that a numbered bill or resolution contains
1435+704
1436+a technical error, the Office of Legislative Research and General Counsel may prepare
1437+705
1438+and submit a replacement bill or resolution that corrects the error.
1439+706
1440+(2) A sponsor may not file, and legislative staff may not create, replacement legislation if:
1441+707
1442+(a) the original legislation has been approved by the sponsor;
1443+- 21 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
1444+708
1445+(b) the legislation has been numbered; and
1446+709
1447+(c) copies of the legislation have been distributed.
1448+710
1449+(3) Nothing in this rule prohibits a sponsor from preparing amendments to the original
1450+711
1451+legislation or one or more substitutes of the original legislation and proposing their
1452+712
1453+adoption [by a committee or by either chamber of which the legislator is a member] in
1454+713
1455+accordance with JR4-3-108.
1456+714
1457+Section 16. JR4-2-401 is amended to read:
1458+715
1459+JR4-2-401 . Committee notes -- Notations on bill.
1460+716
1461+(1) As used in this rule[,] :
1462+717
1463+(a) [ "authorized] "Authorized legislative committee" means the same as that term is
1464+718
1465+defined in JR7-1-101.
1466+719
1467+(b) "Committee note" means a notation that the Office of Legislative Research and
1468+720
1469+General Counsel places on legislation that receives a favorable recommendation from
1470+721
1471+an authorized legislative committee.
1472+722
1473+(c) "Technical correction" means a change that does not substantively alter legislation,
1474+723
1475+including:
1476+724
1477+(i) correcting obvious typographical and grammatical errors;
1478+725
1479+(ii) correcting obvious errors and inconsistencies involving punctuation,
1480+726
1481+capitalization, cross references, numbering, and wording;
1482+727
1483+(iii) modifying the long title of legislation, including a special clause, to ensure that
1484+728
1485+the long title accurately reflects the legislation's content;
1486+729
1487+(iv) replacing an outdated section of Utah Code with the section that is currently in
1488+730
1489+effect; or
1490+731
1491+(v) any combination of Subsections (1)(c)(i) through (iv).
1492+732
1493+(2) The Office of Legislative Research and General Counsel shall ensure that a committee
1494+733
1495+note includes:
1496+734
1497+(a) the name of the authorized legislative committee that recommended the legislation;
1498+735
12241499 and
1225-602
1226-(c)(i) if an appointed legislator is an incumbent legislator who designated a priority
1227-603
1228-request before assuming the appointed legislator's new seat, the appointed
1229-604
1230-legislator may:
1231-605
1232-(A) transfer the priority request in accordance with JR4-2-101(3)(d); or
1233-- 18 - Enrolled Copy H.J.R. 6
1234-606
1235-(B) retain the priority request; and
1236-607
1237-(ii) if an appointed legislator transfers or retains a priority request under Subsection
1238-608
1239-(7)(c)(i), that priority request:
1240-609
1241-(A) does not count toward the number of priority designations to which the
1242-610
1243-appointed legislator is entitled under Subsection (6); and
1244-611
1245-(B) counts against the number of priority designations to which the individual
1246-612
1247-appointed to replace the appointed legislator is entitled under Subsection (6).
1248-613
1249-Section 12. JR4-2-103 is amended to read:
1250-614
1251-JR4-2-103 . Legislation -- Sponsorship.
1252-615
1253-(1) As used in this rule, "former legislator" means a legislator who:
1254-616
1255-(a) is unable to serve in the next annual general session; or
1256-617
1257-(b) is an incumbent legislator appointed to replace another legislator who resigns or is
1258-618
1259-unable to serve.
1260-619
1261-[(1)] (2)(a) The legislator who approves [the] a request for legislation for numbering is
1262-620
1263-the chief sponsor.
1264-621
1265-(b) The chief sponsor may withdraw sponsorship of the legislation by following the
1266-622
1267-procedures and requirements of Senate Rules or House Rules.
1268-623
1269-(c) Subject to JR4-2-102(4), the chief sponsor of the legislation cannot change more than
1270-624
1271-twice.
1272-625
1273-[(2)] (3)(a) Before or after the legislation is introduced, legislators from the same
1274-626
1275-chamber as the chief sponsor may have their names added to or deleted from the
1276-627
1277-legislation as co-sponsors by following the procedures and requirements of Senate
1278-628
1279-Rules or House Rules.
1280-629
1281-(b) Except as provided in Subsection (3), only legislators who are members of the same
1282-630
1283-chamber as the chief sponsor may co-sponsor legislation.
1284-631
1285-[(3)] (4) Before the secretary of the Senate or the chief clerk of the House may transfer
1286-632
1287-legislation to the opposite chamber, the chief sponsor shall:
1288-633
1289-(a) designate a member of the opposite chamber as sponsor of the legislation for that
1290-634
1291-chamber; and
1292-635
1293-(b) provide the secretary or chief clerk with the name of that sponsor for designation on
1294-636
1295-the legislation.
1296-637
1297-(5)(a) Except as provided in JR4-2-101(3)(e):
1298-638
1299-(i) a former legislator who is a senator and the chief sponsor of legislation may seek
1300-639
1301-another senator to assume sponsorship of the former legislator's legislation; or
1302-- 19 - H.J.R. 6 Enrolled Copy
1303-640
1304-(ii) a former legislator who is a representative and the chief sponsor of legislation
1305-641
1306-may seek another representative to assume sponsorship of the former legislator's
1307-642
1308-legislation.
1309-643
1310-(b) If, within 30 days, a former legislator is unable to find another legislator to assume
1311-644
1312-sponsorship of the former legislator's legislation, the legislation shall be returned to
1313-645
1314-the originating chamber and filed.
1315-646
1316-(c) The 30-day time period described in Subsection (5)(b) begins the day on which a
1317-647
1318-former legislator no longer holds the former legislator's seat.
1319-648
1320-Section 13. JR4-2-201 is amended to read:
1321-649
1322-JR4-2-201 . Definitions.
1323-650
1324- As used in this part:
1325-651
1326-[(1) "Committee substitute" means a substitute bill or resolution that is prepared for
1327-652
1328-introduction in a Senate or House standing committee.]
1329-653
1330-[(2) "Floor substitute" means a substitute bill or resolution that is prepared for introduction
1331-654
1332-on the Senate or House floor.]
1333-655
1334-[(3)] (1)(a) "Germane" means that the substitute is relevant, appropriate, and in a natural
1335-656
1336-and logical sequence to the subject matter of the original legislation.
1337-657
1338-(b) "Germane" includes a substitute that changes the effect or is in conflict with the spirit
1339-658
1340-of the original legislation if the substance of the substitute can be encompassed
1341-659
1342-within the subject of the underlying bill.
1343-660
1344-[(4)] (2) "Replacement legislation" means a bill, resolution, or substitute that replaces the
1345-661
1346-original because of a technical error.
1347-662
1348-[(5)] (3) "Substitute" means a new bill or resolution that:
1349-663
1350-(a) replaces the old bill or resolution in title and body; and
1351-664
1352-(b) is germane to the subject of the original bill or resolution.
1353-665
1354-Section 14. JR4-2-202 is amended to read:
1355-666
1356-JR4-2-202 . Substitute bills or resolutions.
1357-667
1358-[(1)(a) By following the procedures and requirements of Senate or House rule, a
1359-668
1360-legislator may propose a committee substitute to any Senate or House legislation that
1361-669
1362-is under consideration by a committee of which the legislator is a member.]
1363-670
1364-[(b) By following the procedures and requirements of Senate or House rule, a legislator
1365-671
1366-may propose a floor substitute to any Senate or House legislation that is under
1367-672
1368-consideration by the chamber of which the legislator is a member.]
1369-673
1370-[(2)] (1)(a) To initiate drafting of a substitute, a legislator shall give instructions to the
1371-- 20 - Enrolled Copy H.J.R. 6
1372-674
1373-attorney who drafted the legislation.
1374-675
1375-(b) Except as provided in Subsection (1)(c):
1376-676
1377-(i) only a senator may request a substitute for introduction in a Senate standing
1378-677
1379-committee or on the Senate floor; and
1380-678
1381-(ii) only a representative may request a substitute for introduction in a House
1382-679
1383-standing committee or on the House floor.
1384-680
1385-(c) A legislative sponsor of the legislation may request a substitute for introduction in a
1386-681
1387-Senate or House standing committee regardless of whether the legislator is a senator
1388-682
1389-or a representative.
1390-683
1391-[(3)] (2) After the substitute sponsor has approved the substitute, the Office of Legislative
1392-684
1393-Research and General Counsel shall:
1394-685
1395-(a) electronically set the line numbers of the substitute;
1396-686
1397-(b) assign a version number to the substitute; and
1398-687
1399-(c) distribute the substitute according to the substitute sponsor's instructions.
1400-688
1401-[(4)] (3)(a) Subject to the other provisions of this rule, after the original version of the
1402-689
1403-legislation is introduced, a rules committee, standing committee, or the Senate or
1404-690
1405-House of Representatives may adopt the original version of the legislation or any
1406-691
1407-substitute version of the legislation, regardless of the version number.
1408-692
1409-(b)(i) If the version of the legislation being adopted was previously adopted, but
1410-693
1411-replaced with a different version, the version of the legislation being adopted shall
1412-694
1413-be adopted as it was previously introduced, without any amendments that may
1414-695
1415-have been added to the introduced version.
1416-696
1417-(ii) An amendment described in Subsection [(4)(b)(i)] (3)(b)(i), or any other
1418-697
1419-amendment otherwise in order, may be proposed by a motion separate from the
1420-698
1421-motion to adopt that substitute or original version of the legislation.
1422-699
1423-(c) A rules committee, a standing committee, the Senate, and the House of
1424-700
1425-Representatives are prohibited from suspending the provisions of this Subsection [(4)]
1426-701
1427-(3).
1428-702
1429-Section 15. JR4-2-203 is amended to read:
1430-703
1431-JR4-2-203 . Replacement bills or resolutions.
1432-704
1433-(1) If the legislative general counsel determines that a numbered bill or resolution contains
1434-705
1435-a technical error, the Office of Legislative Research and General Counsel may prepare
1436-706
1437-and submit a replacement bill or resolution that corrects the error.
1438-707
1439-(2) A sponsor may not file, and legislative staff may not create, replacement legislation if:
1440-- 21 - H.J.R. 6 Enrolled Copy
1441-708
1442-(a) the original legislation has been approved by the sponsor;
1443-709
1444-(b) the legislation has been numbered; and
1445-710
1446-(c) copies of the legislation have been distributed.
1447-711
1448-(3) Nothing in this rule prohibits a sponsor from preparing amendments to the original
1449-712
1450-legislation or one or more substitutes of the original legislation and proposing their
1451-713
1452-adoption [by a committee or by either chamber of which the legislator is a member] in
1453-714
1454-accordance with JR4-3-108.
1455-715
1456-Section 16. JR4-2-401 is amended to read:
1457-716
1458-JR4-2-401 . Committee notes -- Notations on bill.
1459-717
1460-(1) As used in this rule[,] :
1461-718
1462-(a) [ "authorized] "Authorized legislative committee" means the same as that term is
1463-719
1464-defined in JR7-1-101.
1465-720
1466-(b) "Committee note" means a notation that the Office of Legislative Research and
1467-721
1468-General Counsel places on legislation that receives a favorable recommendation from
1469-722
1500+736
1501+(b) the committee vote, listed by numbers of yeas, nays, and absent.
1502+737
1503+[(2) After an authorized legislative committee approves a motion to favorably recommend
1504+738
1505+draft legislation, the Office of Legislative Research and General Counsel shall note the
1506+739
1507+following on the legislation when the legislation is numbered for introduction as a bill:]
1508+740
1509+[(a) that the authorized legislative committee recommended the legislation; and]
1510+741
1511+[(b) the committee vote, listed by numbers of yeas, nays, and absent.]
1512+- 22 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
1513+742
1514+(3)(a) Except as provided in Subsection (3)(b), the Office of Legislative Research and
1515+743
1516+General Counsel shall remove a committee note from legislation when the legislation
1517+744
1518+is amended or substituted.
1519+745
1520+(b) The Office of Legislative Research and General Counsel may not remove a
1521+746
1522+committee note from legislation if an amendment or substitute makes a technical
1523+747
1524+correction.
1525+748
1526+[(3)] (4) The Office of Legislative Research and General Counsel may not place a [note
1527+749
1528+described in Subsection (2) on a piece of ] committee note on legislation if the motion to
1529+750
1530+favorably recommend the draft legislation was made in violation of JR7-1-512(3).
1531+751
1532+Section 17. JR4-2-501 is amended to read:
1533+752
1534+JR4-2-501 . Numbering and distributing legislation.
1535+753
1536+(1) After receiving approval from [the] a chief sponsor under JR4-2-301, the Office of
1537+754
1538+Legislative Research and General Counsel shall:
1539+755
1540+[(1)] (a) proofread the legislation and perform other quality control measures;
1541+756
1542+[(2)] (b) indicate on the first page of the legislation that the drafting attorney has
1543+757
1544+approved the legislation for filing;
1545+758
1546+[(3)] (c) place a committee note on the legislation if required by JR4-2-401;
1547+759
1548+[(4)] (d) assign a number to the legislation to appear after the designation required by
1549+760
1550+JR4-1-202 and JR4-1-301;
1551+761
1552+[(5)] (e) electronically set the legislation's line numbers; and
1553+762
1554+[(6)] (f) distribute an electronic copy of the legislation as required by JR4-2-503.
1555+763
1556+(2) Subject to JR4-2-502, the Office of Legislative Research and General Counsel shall
1557+764
1558+number legislation in the following order:
1559+765
1560+(a) legislation recommended by an authorized legislative committee; and
1561+766
1562+(b) legislation in the order in which the legislation is approved by the sponsor for
1563+767
1564+numbering.
1565+768
1566+Section 18. JR4-3-102 is amended to read:
1567+769
1568+JR4-3-102 . Reference of legislation.
1569+770
1570+[(1)] During an annual general or special session of the Legislature, after [a piece of ]
1571+771
1572+legislation has been introduced and read for the first time, [it] the legislation shall be
1573+772
1574+referred to a committee or to the floor as provided in Senate or House Rules.
1575+773
1576+[(2) The secretary of the Senate and the chief clerk of the House or their designees shall
1577+774
1578+deliver all legislation assigned to a committee to the chair of that committee or to that
1579+775
1580+chair's designee.]
1581+- 23 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
1582+776
1583+Section 19. JR4-3-105 is amended to read:
1584+777
1585+JR4-3-105 . Calendaring legislation -- Preference for legislation of other chamber.
1586+778
1587+ [During the third and fourth days] On Wednesday and Thursday of each week:
1588+779
1589+(1) the Senate shall consider House legislation appearing on the Senate calendar; and
1590+780
1591+(2) the House shall consider Senate legislation appearing on the House calendar.
1592+781
1593+Section 20. JR4-3-108 is amended to read:
1594+782
1595+JR4-3-108 . Consideration and action on legislation made in the other chamber.
1596+783
1597+(1) As used in this rule:
1598+784
1599+(a) "Committee amendment sponsor" means the legislator who requests an amendment
1600+785
1601+to legislation for introduction in a Senate or House standing committee.
1602+786
1603+(b) "Committee substitute sponsor" means the legislator who requests substitute
1604+787
1605+legislation for introduction in a Senate or House standing committee.
1606+788
1607+(c) "Floor amendment sponsor" means the legislator who requests an amendment to
1608+789
1609+legislation for introduction on the Senate or House floor.
1610+790
1611+(d) "Floor substitute sponsor" means the legislator who requests substitute legislation for
1612+791
1613+introduction on the Senate or House floor.
1614+792
1615+(2)(a) A Senate standing committee may not adopt an amendment or substitute
1616+793
1617+legislation if the committee amendment sponsor or the committee substitute sponsor
1618+794
1619+is a representative, unless the representative is the legislation's legislative sponsor.
1620+795
1621+(b) A House standing committee may not adopt an amendment or substitute legislation if
1622+796
1623+the committee amendment sponsor or the committee substitute sponsor is a senator,
1624+797
1625+unless the senator is the legislation's legislative sponsor.
1626+798
1627+(3)(a) The Senate may not adopt an amendment or substitute legislation unless the floor
1628+799
1629+amendment sponsor or the floor substitute sponsor is a senator.
1630+800
1631+(b) The House may not adopt an amendment or substitute legislation unless the floor
1632+801
1633+amendment sponsor or the floor substitute sponsor is a representative.
1634+802
1635+[(1)] (4)(a) If the Senate amends and passes, or substitutes and passes, a piece of House
1636+803
1637+legislation, the House:
1638+804
1639+(i) must either "concur" or "refuse to concur" in the amendments or substitute; and
1640+805
1641+(ii) may not amend or substitute the legislation.
1642+806
1643+(b)(i) If the House concurs, the legislation shall be voted on for final passage in the
1644+807
1645+House.
1646+808
1647+(ii) If the legislation passes, the chief clerk of the House shall notify the Senate,
1648+809
1649+obtain the signatures required by JR4-5-101, and send the legislation to the Office
1650+- 24 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
1651+810
1652+of Legislative Research and General Counsel for enrolling.
1653+811
1654+(c) If the House refuses to concur in the Senate amendments or substitute to a piece of
1655+812
1656+House legislation, the chief clerk of the House and the House shall follow the
1657+813
1658+procedures and requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference
1659+814
1660+Committees.
1661+815
1662+[(2)] (5)(a) If the House amends and passes, or substitutes and passes, a piece of Senate
1663+816
1664+legislation, the Senate:
1665+817
1666+(i) must either "concur" or "refuse to concur" in the amendments or substitute; and
1667+818
1668+(ii) may not amend or substitute the legislation.
1669+819
1670+(b)(i) If the Senate concurs, the legislation shall be voted on for final passage in the
1671+820
1672+Senate.
1673+821
1674+(ii) If the legislation passes, the secretary of the Senate shall notify the House, obtain
1675+822
1676+the signatures required by [JR4-6-101] JR4-5-101, and send the legislation to the
1677+823
1678+Office of Legislative Research and General Counsel for enrolling.
1679+824
1680+(c) If the Senate refuses to concur in the House amendments or substitute to a piece of
1681+825
1682+Senate legislation, the secretary of the Senate and the Senate shall follow the
1683+826
1684+procedures and requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference
1685+827
1686+Committees.
1687+828
1688+Section 21. JR4-4-101 is amended to read:
1689+829
1690+JR4-4-101 . Deadline for passing certain fiscal note bills.
1691+830
1692+(1) As used in this section, "fiscal note bill" means legislation with a fiscal note that
1693+831
1694+indicates a cost of $20,000 or more to:
1695+832
1696+(a) the General Fund, Income Tax Fund, or Uniform School Fund; or
1697+833
1698+(b) any other fund or account that affects a fund described in Subsection (1)(a).
1699+834
1700+(2)(a) The House shall refer any Senate fiscal note bill to the House Rules Committee
1701+835
1702+before giving that fiscal note bill a third reading.
1703+836
1704+(b) The Senate shall table on third reading each House fiscal note bill.
1705+837
1706+(3)(a) Before adjourning on the 43rd day of the annual general session, each legislator
1707+838
1708+shall prioritize fiscal note bills and identify other projects or programs for new or
1709+839
1710+one-time funding according to the process established by leadership.
1711+840
1712+(b) [Before adjourning] No later than noon on the 44th day of the annual general session,
1713+841
1714+the Legislature shall either pass or defeat each fiscal note bill except constitutional
1715+842
1716+amendment resolutions.
1717+843
1718+Section 22. JR4-4-203 is amended to read:
1719+- 25 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
1720+844
1721+JR4-4-203 . Deadline for passing the final appropriations bill.
1722+845
1723+[(1) Each legislator shall receive a copy of the final appropriations bill by calendared floor
1724+846
1725+time on the 45th day of the annual general session.]
1726+847
1727+[(2) By noon on ] On or before the 45th day of the annual general session, the Legislature
1728+848
1729+shall either pass or defeat the final appropriations bill.
1730+849
1731+Section 23. JR5-2-101 is amended to read:
1732+850
1733+JR5-2-101 . Reimbursement of lodging.
1734+851
1735+(1) Subject to the other provisions of this rule, if a legislator's official duties necessitate
1736+852
1737+overnight accommodations, the legislator may receive reimbursement for any actual
1738+853
1739+lodging expenses incurred by the legislator for an:
1740+854
1741+(a) authorized legislative day; or
1742+855
1743+(b) authorized legislative training day.
1744+856
1745+[(2) Except as provided in the policies and procedures established in accordance with
1746+857
1747+Subsection (3), reimbursement under Subsection (1) may not exceed the daily rates
1748+858
1749+published in the administrative rules governing reimbursement of lodging expenses for
1750+859
1751+state employees.]
1752+860
1753+[(3)] (2) Reimbursement for actual lodging expenses for a legislator for an authorized
1754+861
1755+legislative day or authorized legislative training day shall be as provided in policies and
1756+862
1757+procedures established by the Legislative Expenses Oversight Committee.
1758+863
1759+Section 24. JR5-2-102 is amended to read:
1760+864
1761+JR5-2-102 . Reimbursement of meal expenses.
1762+865
1763+(1) Subject to the other provisions of this rule, for each authorized legislative day or
1764+866
1765+authorized legislative training day a legislator may receive reimbursement for any actual
1766+867
1767+meal expenses incurred by the legislator in association with the legislator's official duties.
1768+868
1769+[(2) Except as provided in the policies and procedures established in accordance with
1770+869
1771+Subsection (3), reimbursement under Subsection (1):]
1772+870
1773+[(a) may not exceed the rates set in administrative rules governing reimbursement and
1774+871
1775+meal expenses for state employees; and]
1776+872
1777+[(b) is subject to the time calculation requirements set in administrative rules governing
1778+873
1779+reimbursement and meal expenses for state employees.]
1780+874
1781+[(3)] (2) Reimbursement for actual meal expenses for a legislator for an authorized
1782+875
1783+legislative day or authorized legislative training day shall be as provided in policies and
1784+876
1785+procedures established by the Legislative Expenses Oversight Committee.
1786+877
1787+Section 25. JR5-2-103 is amended to read:
1788+- 26 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
1789+878
1790+JR5-2-103 . Reimbursement for transportation costs.
1791+879
1792+(1) A legislator may receive reimbursement for any actual transportation costs incurred by
1793+880
1794+the legislator in association with the legislator's official duties for an:
1795+881
1796+(a) authorized legislative day; or
1797+882
1798+(b) authorized legislative training day.
1799+883
1800+(2) Transportation costs reimbursed under this rule shall be equal to:
1801+884
1802+(a) for travel by private vehicle, the actual mileage incurred by the legislator for the
1803+885
1804+legislator's private automobile use to and from the legislative meeting, to be paid in
1805+886
1806+accordance with the [private vehicle mileage reimbursement rate that is applied when
1807+887
1808+daily pool fleet vehicles are unavailable, as published in the administrative rules
1809+888
1810+governing reimbursement of transportation expenses for state employees] policy
1811+889
1812+adopted by the Legislative Expenses Oversight Committee;
1813+890
1814+(b) for public transportation:
1815+891
1816+(i) the actual cost of the transportation incurred by the legislator to and from the
1817+892
1818+legislative meeting;
1819+893
1820+(ii) the private vehicle mileage actually incurred by the legislator to and from the
1821+894
1822+terminus of the public transportation; and
1823+895
1824+(iii) the cost of parking actually incurred by the legislator; or
1825+896
1826+(c) for commercial transportation:
1827+897
1828+(i) the actual cost of the transportation, which shall be limited to [coach or ]standard
1829+898
1830+economy or main cabin class, incurred by the legislator to and from the legislative
1831+899
1832+meeting;
1833+900
1834+(ii) the private vehicle mileage actually incurred by the legislator to and from the
1835+901
1836+terminus of the commercial transportation; and
1837+902
1838+(iii) the cost of parking actually incurred by the legislator.
1839+903
1840+(3) Reimbursement for actual transportation costs incurred for a legislator for an authorized
1841+904
1842+legislative day or an authorized legislative training day shall be as provided in
1843+905
1844+procedures established by the Legislative Expenses Oversight Committee.
1845+906
1846+Section 26. JR5-4-101 is amended to read:
1847+907
1848+JR5-4-101 . Reimbursement for costs of out-of-state travel.
1849+908
1850+ The following rules govern reimbursement for out-of-state travel by legislators:
1851+909
1852+(1)(a) Subject to Subsections (1)(b) and (1)(c), legislators shall receive reimbursement
1853+910
1854+for all approved actual and necessary expenses.
1855+911
1856+(b) The presiding officer, the majority leader, and the minority leader shall meet
1857+- 27 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
1858+912
1859+annually to establish a policy governing out-of-state travel, including the process for
1860+913
1861+them to approve out of state travel and approve reimbursement of expenses for that
1862+914
1863+travel as required under Utah Code Section 36-12-17.
1864+915
1865+(c) If a legislator elects to travel to an out-of-state destination by private automobile, the
1866+916
1867+legislator shall receive actual mileage or the actual cost of [alternative commercial ]
1868+917
1869+air transportation, whichever is less.
1870+918
1871+(2) Each legislator shall provide supporting documentation for each expense for which the
1872+919
1873+legislator seeks reimbursement.
1874+920
1875+Section 27. JR7-1-101 is amended to read:
1876+921
1877+JR7-1-101 . Definitions.
1878+922
1879+ As used in this chapter:
1880+923
1881+(1) "Anchor location" means the physical location from which:
1882+924
1883+(a) an electronic meeting originates; or
1884+925
1885+(b) the participants are connected.
1886+926
1887+(2) "Authorized legislative committee" means:
1888+927
1889+(a) an interim committee;
1890+928
1891+(b) the Legislative Management Committee;
1892+929
1893+(c) the Legislative Process Committee;
1894+930
1895+(d) when functioning as an interim committee:
1896+931
1897+(i) the Senate Rules Committee created in SR3-1-101; or
1898+932
1899+(ii) the House Rules Committee created in HR3-1-101; or
1900+933
1901+(e) a special committee:
1902+934
1903+(i) that is not a mixed special committee; and
1904+935
1905+(ii) to the extent the special committee has statutory authority to open a committee
1906+936
1907+bill file or create a committee bill.
1908+937
1909+(3) "Bill" means the same as that term is defined in JR4-1-101.
1910+938
1911+(4) "Chair" except as otherwise expressly provided, means:
1912+939
1913+(a) the member of the Senate appointed as chair of an interim committee by the
1914+940
1915+president of the Senate under JR7-1-202;
1916+941
1917+(b) the member of the House of Representatives appointed as chair of an interim
1918+942
1919+committee by the speaker of the House of Representatives under JR7-1-202;
1920+943
1921+(c) a member of a special committee appointed as chair of the special committee; or
1922+944
1923+(d) a member of a legislative committee designated by the chair of the legislative
1924+945
1925+committee under Subsection (4)(a), (b), or (c) to act as chair under JR7-1-202.
1926+- 28 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
1927+946
1928+(5) "Committee bill" means draft legislation that receives a favorable recommendation from
1929+947
14701930 an authorized legislative committee.
1471-723
1472-(c) "Technical correction" means a change that does not substantively alter legislation,
1473-724
1474-including:
1475-725
1476-(i) correcting obvious typographical and grammatical errors;
1477-726
1478-(ii) correcting obvious errors and inconsistencies involving punctuation,
1479-727
1480-capitalization, cross references, numbering, and wording;
1481-728
1482-(iii) modifying the long title of legislation, including a special clause, to ensure that
1483-729
1484-the long title accurately reflects the legislation's content;
1485-730
1486-(iv) replacing an outdated section of Utah Code with the section that is currently in
1487-731
1488-effect; or
1489-732
1490-(v) any combination of Subsections (1)(c)(i) through (iv).
1491-733
1492-(2) The Office of Legislative Research and General Counsel shall ensure that a committee
1493-734
1494-note includes:
1495-735
1496-(a) the name of the authorized legislative committee that recommended the legislation;
1497-736
1498-and
1499-737
1500-(b) the committee vote, listed by numbers of yeas, nays, and absent.
1501-738
1502-[(2) After an authorized legislative committee approves a motion to favorably recommend
1503-739
1504-draft legislation, the Office of Legislative Research and General Counsel shall note the
1505-740
1506-following on the legislation when the legislation is numbered for introduction as a bill:]
1507-741
1508-[(a) that the authorized legislative committee recommended the legislation; and]
1509-- 22 - Enrolled Copy H.J.R. 6
1510-742
1511-[(b) the committee vote, listed by numbers of yeas, nays, and absent.]
1512-743
1513-(3)(a) Except as provided in Subsection (3)(b), the Office of Legislative Research and
1514-744
1515-General Counsel shall remove a committee note from legislation when the legislation
1516-745
1517-is amended or substituted.
1518-746
1519-(b) The Office of Legislative Research and General Counsel may not remove a
1520-747
1521-committee note from legislation if an amendment or substitute makes a technical
1522-748
1931+948
1932+(6) "Committee bill file" means a request for legislation made by:
1933+949
1934+(a) a majority vote of an authorized legislative committee; or
1935+950
1936+(b) the chairs of an [interim] authorized legislative committee, if the [interim] authorized
1937+951
1938+legislative committee authorizes the chairs to open one or more committee bill files
1939+952
1940+in accordance with JR7-1-602.
1941+953
1942+(7) "Committee note" means a note that the Office of Legislative Research and General
1943+954
1944+Counsel places on legislation in accordance with JR4-2-401.
1945+955
1946+(8) "Draft legislation" means a draft of a bill or resolution before it is numbered by the
1947+956
1948+Office of Legislative Research and General Counsel.
1949+957
1950+(9) "Electronic meeting" means the same as that term is defined in Utah Code Section
1951+958
1952+52-4-103.
1953+959
1954+(10) "Favorable recommendation" means an action of an authorized legislative committee
1955+960
1956+by majority vote to favorably recommend legislation for consideration by the
1957+961
1958+Legislature in an upcoming legislative session.
1959+962
1960+(11) "Legislative committee" means:
1961+963
1962+(a) an interim committee; or
1963+964
1964+(b) a special committee.
1965+965
1966+(12) "Interim committee" means a committee that:
1967+966
1968+(a) is comprised of members from both chambers;
1969+967
1970+(b) meets between annual general sessions of the Legislature to perform duties described
1971+968
1972+in rule; and
1973+969
1974+(c) is created under JR7-1-201.
1975+970
1976+(13) "Legislative sponsor" means:
1977+971
1978+(a) for a committee bill file, the chairs of the authorized legislative committee that
1979+972
1980+opened the committee bill file or the chairs' designee; or
1981+973
1982+(b) for a request for legislation that is not a committee bill file, the legislator who
1983+974
1984+requested the request for legislation or the legislator's designee.
1985+975
1986+(14) "Majority vote" means:
1987+976
1988+(a) with respect to an interim committee, an affirmative vote of at least 50% of a quorum
1989+977
1990+of members of the interim committee from one chamber and more than 50% of a
1991+978
1992+quorum of members of the interim committee from the other chamber; or
1993+979
1994+(b) with respect to a special committee, an affirmative vote of more than 50% of a
1995+- 29 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
1996+980
1997+quorum.
1998+981
1999+(15) "Mixed special committee" means a special committee that is composed of one or
2000+982
2001+more voting members who are legislators and one or more voting members who are not
2002+983
2003+legislators.
2004+984
2005+(16) "Original motion" means a nonprivileged motion that is accepted by the chair when no
2006+985
2007+other motion is pending.
2008+986
2009+(17) "Pending motion" means a motion described in JR7-1-307.
2010+987
2011+(18) "Privileged motion" means a motion to adjourn, set a time to adjourn, recess, end
2012+988
2013+debate, extend debate, or limit debate.
2014+989
2015+(19) "Public statement" means a statement made in the ordinary course of business of a
2016+990
2017+legislative committee with the intent that all other members of the legislative committee
2018+991
2019+receive it.
2020+992
2021+(20) "Request for legislation" means the same as that term is defined in JR4-1-101.
2022+993
2023+(21) "Resolution" means the same as that term is defined in JR4-1-101.
2024+994
2025+(22)(a) "Special committee" means a committee, commission, task force, or other
2026+995
2027+similar body that is:
2028+996
2029+(i) created by legislation; and
2030+997
2031+(ii) staffed by:
2032+998
2033+(A) the Office of Legislative Research and General Counsel; or
2034+999
2035+(B) the Office of the Legislative Fiscal Analyst.
2036+1000
2037+(b) "Special committee" does not include:
2038+1001
2039+(i) an interim committee;
2040+1002
2041+(ii) a standing committee created under SR3-2-201 or HR3-2-201; or
2042+1003
2043+(iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
2044+1004
2045+(23) "Subcommittee" means a subsidiary unit of a legislative committee formed in
2046+1005
2047+accordance with JR7-1-411.
2048+1006
2049+(24) "Substitute motion" means a nonprivileged motion that a member of a legislative
2050+1007
2051+committee makes when there is a nonprivileged motion pending.
2052+1008
2053+Section 28. JR7-1-410 is amended to read:
2054+1009
2055+JR7-1-410 . Right of legislators to attend legislative committee meetings.
2056+1010
2057+(1) Any member of the Legislature may:
2058+1011
2059+(a) attend any meeting of a legislative committee or a subcommittee, unless the meeting
2060+1012
2061+is closed in accordance with Utah Code Title 52, Chapter 4, Open and Public
2062+1013
2063+Meetings Act; and
2064+- 30 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
2065+1014
2066+(b) if recognized by the chair during the public comment phase, present the legislator's
2067+1015
2068+views on the subject under consideration.
2069+1016
2070+(2) A legislator who attends a meeting of a legislative committee of which the legislator is
2071+1017
2072+not a member or a meeting of a subcommittee of which the legislator is not a member
2073+1018
2074+may not:
2075+1019
2076+(a) make a motion;
2077+1020
2078+(b) vote; or
2079+1021
2080+(c) receive compensation for attending the meeting, unless approved by the Legislative
2081+1022
2082+Expenses Oversight Committee for the chamber of which the legislator is a member.
2083+1023
2084+Section 29. JR7-1-411 is amended to read:
2085+1024
2086+JR7-1-411 . Creation and organization of subcommittees.
2087+1025
2088+(1) A legislative committee may establish one or more subcommittees if approved by:
2089+1026
2090+(a) a majority vote of the legislative committee; and
2091+1027
2092+(b) the Legislative Management Committee.
2093+1028
2094+(2) The legislative committee shall establish each study assignment of a subcommittee by
2095+1029
2096+majority vote.
2097+1030
2098+(3)(a) After a legislative committee establishes a subcommittee, the chairs of the
2099+1031
2100+legislative committee shall:
2101+1032
2102+[(a)] (i) appoint at least four members of the legislative committee to serve on the
2103+1033
2104+subcommittee;
2105+1034
2106+[(b)] (ii) appoint at least one and no more than two additional members of the
2107+1035
2108+legislative committee as chair or cochairs of the subcommittee; and
2109+1036
2110+[(c)] (iii) establish the subcommittee's powers, duties, and reporting requirements.
2111+1037
2112+(b) The chairs of the legislative committee shall ensure that the subcommittee
2113+1038
2114+membership includes at least one senator and one representative.
2115+1039
2116+(4) Each member of a subcommittee shall receive:
2117+1040
2118+(a) compensation for attendance of a meeting of the subcommittee that is an authorized
2119+1041
2120+legislative day as defined in JR5-1-101; and
2121+1042
2122+(b) reimbursement for expenses in accordance with Title 5, Legislative Compensation
2123+1043
2124+and Expenses.
2125+1044
2126+Section 30. JR7-1-601.5 is amended to read:
2127+1045
2128+JR7-1-601.5 . Opening committee bill files.
2129+1046
2130+(1) [Except as provided in ] Subject to Subsection (3), a member of an authorized legislative
2131+1047
2132+committee may make a motion to open a committee bill file if:
2133+- 31 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
2134+1048
2135+(a) the member describes the general subject matter of the legislation;
2136+1049
2137+(b) the subject matter is germane to the subject matter over which the authorized
2138+1050
2139+legislative committee has jurisdiction; and
2140+1051
2141+(c) the member intends that the authorized legislative committee take action on the
2142+1052
2143+resulting draft legislation before the next general session in a meeting of the
2144+1053
2145+authorized legislative committee.
2146+1054
2147+(2) Except as provided in JR7-1-602, an authorized legislative committee may not authorize
2148+1055
2149+any individual or group of individuals to open a committee bill file.
2150+1056
2151+(3) An authorized legislative committee may not open a committee bill file during the
2152+1057
2153+period that begins January 1 and ends the day after the day on which the Legislature
2154+1058
2155+adjourns that year's general session sine die.
2156+1059
2157+Section 31. JR7-1-602 is amended to read:
2158+1060
2159+JR7-1-602 . Chairs' authority to open committee bill files.
2160+1061
2161+(1) Subject to the provisions of this rule, the following authorized legislative committees may delegate
2162+the authority to open a committee bill file to the chairs of the committee:
2163+1062
2164+(a) an interim committee;
2165+1063
2166+(b) the Legislative Process Committee; or
2167+1064
2168+(c) the Rules Review and General Oversight Committee.
2169+1065
2170+(2) [An interim committee ] An authorized legislative committee described in Subsection (1)
2171+1066
2172+may authorize the committee chairs to independently open one or more committee bill
2173+1067
2174+files throughout the interim period if:
2175+1068
2176+(a) that authority is granted by the [interim ]committee to the chairs by means of a
2177+1069
2178+motion and majority vote;
2179+1070
2180+(b) the motion and vote occur during the [interim ]committee's first meeting [of the
2181+1071
2182+calendar year] after the Legislature adjourns that year's general session sine die;
2183+1072
2184+(c) the subject matter of each committee bill file opened by the chairs is directly related
2185+1073
2186+to:
2187+1074
2188+(i) for an interim committee, a study item on the list adopted by the interim
2189+1075
2190+committee under JR7-1-401(3); or
2191+1076
2192+(ii) a subject or issue that is expressly stated in the motion made under this rule; and
2193+1077
2194+(d) the decision to open each committee bill file is made jointly by the chairs.
2195+1078
2196+[(2)] (3) No committee other than an [interim committee] authorized legislative committee
2197+1079
2198+described in Subsection (1) may delegate the authority to independently open a
2199+1080
2200+committee bill file to the [chair or ]chairs of a committee.
2201+- 32 - 02-26 18:34 2nd Sub. (Gray) H.J.R. 6
2202+1081
2203+[(3)] (4) In the next [interim ]committee meeting after opening a bill file under Subsection
2204+1082
2205+(2), the chairs shall give the committee members notice:
2206+1083
2207+(a) that the chairs have opened the committee bill file; and
2208+1084
2209+(b) of the short title and subject matter of the committee bill file.
2210+1085
2211+Section 32. JR7-1-610 is amended to read:
2212+1086
2213+JR7-1-610 . Committee bill files -- Effect of favorable recommendation --
2214+1087
2215+Committee bill files without recommendation abandoned.
2216+1088
2217+(1) As used in this rule, "technical correction" means the same as that term is defined in
2218+1089
2219+JR4-2-401.
2220+1090
2221+(2) After an authorized legislative committee reviews draft legislation the authorized
2222+1091
2223+legislative committee may give the draft legislation a favorable recommendation.
2224+1092
2225+[(2)] (3) If an authorized legislative committee gives draft legislation a favorable
2226+1093
2227+recommendation, the Office of Legislative Research and General Counsel shall:
2228+1094
2229+(a) attach a committee note to the committee bill, as required under JR4-2-401; and
2230+1095
2231+(b) assign the committee bill a bill number in accordance with JR4-2-501.
2232+1096
2233+[(3)] (4)(a) Except as provided in Subsection [(3)(b)] (4)(b), a committee bill file that
2234+1097
2235+does not receive a favorable recommendation at the committee's last scheduled
2236+1098
2237+meeting of the calendar year in which the committee bill file was opened is
2238+1099
2239+abandoned.
2240+1100
2241+(b) Subsection [(3)(a)] (4)(a) does not apply to a committee bill file opened by:
2242+1101
2243+(i) the [Administrative Rules Review Committee] Rules Review and General
2244+1102
2245+Oversight Committee for the purpose of reauthorizing agency rules in accordance
2246+1103
2247+with Utah Code Section 63G-3-502; or
2248+1104
2249+(ii) the Legislative Process Committee created in Utah Code Section 36-17-1.
2250+1105
2251+[(4)] (5)(a) Nothing in this rule prohibits a legislator from making a request for
2252+1106
2253+legislation in the legislator's name to sponsor legislation that was abandoned in
2254+1107
2255+accordance with Subsection [(3)] (4).
2256+1108
2257+(b) A request for legislation described in Subsection [(4)(a)] (5)(a) is subject to the
2258+1109
2259+drafting priority described in JR4-2-102.
2260+1110
2261+(6) Between an authorized legislative committee's last scheduled meeting of the calendar
2262+1111
2263+year and the day on which the Office of Legislative Research and General Counsel
2264+1112
2265+numbers the committee's committee bill, a sponsor assigned to the committee bill in
2266+1113
2267+accordance with JR7-1-611 may not alter the committee bill, except to make a technical
2268+1114
15232269 correction.
1524-749
1525-[(3)] (4) The Office of Legislative Research and General Counsel may not place a [note
1526-750
1527-described in Subsection (2) on a piece of ] committee note on legislation if the motion to
1528-751
1529-favorably recommend the draft legislation was made in violation of JR7-1-512(3).
1530-752
1531-Section 17. JR4-2-501 is amended to read:
1532-753
1533-JR4-2-501 . Numbering and distributing legislation.
1534-754
1535-(1) After receiving approval from [the] a chief sponsor under JR4-2-301, the Office of
1536-755
1537-Legislative Research and General Counsel shall:
1538-756
1539-[(1)] (a) proofread the legislation and perform other quality control measures;
1540-757
1541-[(2)] (b) indicate on the first page of the legislation that the drafting attorney has
1542-758
1543-approved the legislation for filing;
1544-759
1545-[(3)] (c) place a committee note on the legislation if required by JR4-2-401;
1546-760
1547-[(4)] (d) assign a number to the legislation to appear after the designation required by
1548-761
1549-JR4-1-202 and JR4-1-301;
1550-762
1551-[(5)] (e) electronically set the legislation's line numbers; and
1552-763
1553-[(6)] (f) distribute an electronic copy of the legislation as required by JR4-2-503.
1554-764
1555-(2) Subject to JR4-2-502, the Office of Legislative Research and General Counsel shall
1556-765
1557-number legislation in the following order:
1558-766
1559-(a) legislation recommended by an authorized legislative committee; and
1560-767
1561-(b) legislation in the order in which the legislation is approved by the sponsor for
1562-768
1563-numbering.
1564-769
1565-Section 18. JR4-3-102 is amended to read:
1566-770
1567-JR4-3-102 . Reference of legislation.
1568-771
1569-[(1)] During an annual general or special session of the Legislature, after [a piece of ]
1570-772
1571-legislation has been introduced and read for the first time, [it] the legislation shall be
1572-773
1573-referred to a committee or to the floor as provided in Senate or House Rules.
1574-774
1575-[(2) The secretary of the Senate and the chief clerk of the House or their designees shall
1576-775
1577-deliver all legislation assigned to a committee to the chair of that committee or to that
1578-- 23 - H.J.R. 6 Enrolled Copy
1579-776
1580-chair's designee.]
1581-777
1582-Section 19. JR4-3-105 is amended to read:
1583-778
1584-JR4-3-105 . Calendaring legislation -- Preference for legislation of other chamber.
1585-779
1586- [During the third and fourth days] On Wednesday and Thursday of each week:
1587-780
1588-(1) the Senate shall consider House legislation appearing on the Senate calendar; and
1589-781
1590-(2) the House shall consider Senate legislation appearing on the House calendar.
1591-782
1592-Section 20. JR4-3-108 is amended to read:
1593-783
1594-JR4-3-108 . Consideration and action on legislation made in the other chamber.
1595-784
1596-(1) As used in this rule:
1597-785
1598-(a) "Committee amendment sponsor" means the legislator who requests an amendment
1599-786
1600-to legislation for introduction in a Senate or House standing committee.
1601-787
1602-(b) "Committee substitute sponsor" means the legislator who requests substitute
1603-788
1604-legislation for introduction in a Senate or House standing committee.
1605-789
1606-(c) "Floor amendment sponsor" means the legislator who requests an amendment to
1607-790
1608-legislation for introduction on the Senate or House floor.
1609-791
1610-(d) "Floor substitute sponsor" means the legislator who requests substitute legislation for
1611-792
1612-introduction on the Senate or House floor.
1613-793
1614-(2)(a) A Senate standing committee may not adopt an amendment or substitute
1615-794
1616-legislation if the committee amendment sponsor or the committee substitute sponsor
1617-795
1618-is a representative, unless the representative is the legislation's legislative sponsor.
1619-796
1620-(b) A House standing committee may not adopt an amendment or substitute legislation if
1621-797
1622-the committee amendment sponsor or the committee substitute sponsor is a senator,
1623-798
1624-unless the senator is the legislation's legislative sponsor.
1625-799
1626-(3)(a) The Senate may not adopt an amendment or substitute legislation unless the floor
1627-800
1628-amendment sponsor or the floor substitute sponsor is a senator.
1629-801
1630-(b) The House may not adopt an amendment or substitute legislation unless the floor
1631-802
1632-amendment sponsor or the floor substitute sponsor is a representative.
1633-803
1634-[(1)] (4)(a) If the Senate amends and passes, or substitutes and passes, a piece of House
1635-804
1636-legislation, the House:
1637-805
1638-(i) must either "concur" or "refuse to concur" in the amendments or substitute; and
1639-806
1640-(ii) may not amend or substitute the legislation.
1641-807
1642-(b)(i) If the House concurs, the legislation shall be voted on for final passage in the
1643-808
1644-House.
1645-809
1646-(ii) If the legislation passes, the chief clerk of the House shall notify the Senate,
1647-- 24 - Enrolled Copy H.J.R. 6
1648-810
1649-obtain the signatures required by JR4-5-101, and send the legislation to the Office
1650-811
1651-of Legislative Research and General Counsel for enrolling.
1652-812
1653-(c) If the House refuses to concur in the Senate amendments or substitute to a piece of
1654-813
1655-House legislation, the chief clerk of the House and the House shall follow the
1656-814
1657-procedures and requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference
1658-815
1659-Committees.
1660-816
1661-[(2)] (5)(a) If the House amends and passes, or substitutes and passes, a piece of Senate
1662-817
1663-legislation, the Senate:
1664-818
1665-(i) must either "concur" or "refuse to concur" in the amendments or substitute; and
1666-819
1667-(ii) may not amend or substitute the legislation.
1668-820
1669-(b)(i) If the Senate concurs, the legislation shall be voted on for final passage in the
1670-821
1671-Senate.
1672-822
1673-(ii) If the legislation passes, the secretary of the Senate shall notify the House, obtain
1674-823
1675-the signatures required by [JR4-6-101] JR4-5-101, and send the legislation to the
1676-824
1677-Office of Legislative Research and General Counsel for enrolling.
1678-825
1679-(c) If the Senate refuses to concur in the House amendments or substitute to a piece of
1680-826
1681-Senate legislation, the secretary of the Senate and the Senate shall follow the
1682-827
1683-procedures and requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference
1684-828
1685-Committees.
1686-829
1687-Section 21. JR4-4-101 is amended to read:
1688-830
1689-JR4-4-101 . Deadline for passing certain fiscal note bills.
1690-831
1691-(1) As used in this section, "fiscal note bill" means legislation with a fiscal note that
1692-832
1693-indicates a cost of $20,000 or more to:
1694-833
1695-(a) the General Fund, Income Tax Fund, or Uniform School Fund; or
1696-834
1697-(b) any other fund or account that affects a fund described in Subsection (1)(a).
1698-835
1699-(2)(a) The House shall refer any Senate fiscal note bill to the House Rules Committee
1700-836
1701-before giving that fiscal note bill a third reading.
1702-837
1703-(b) The Senate shall table on third reading each House fiscal note bill.
1704-838
1705-(3)(a) Before adjourning on the 43rd day of the annual general session, each legislator
1706-839
1707-shall prioritize fiscal note bills and identify other projects or programs for new or
1708-840
1709-one-time funding according to the process established by leadership.
1710-841
1711-(b) [Before adjourning] No later than noon on the 44th day of the annual general session,
1712-842
1713-the Legislature shall either pass or defeat each fiscal note bill except constitutional
1714-843
1715-amendment resolutions.
1716-- 25 - H.J.R. 6 Enrolled Copy
1717-844
1718-Section 22. JR4-4-203 is amended to read:
1719-845
1720-JR4-4-203 . Deadline for passing the final appropriations bill.
1721-846
1722-[(1) Each legislator shall receive a copy of the final appropriations bill by calendared floor
1723-847
1724-time on the 45th day of the annual general session.]
1725-848
1726-[(2) By noon on ] On or before the 45th day of the annual general session, the Legislature
1727-849
1728-shall either pass or defeat the final appropriations bill.
1729-850
1730-Section 23. JR5-2-101 is amended to read:
1731-851
1732-JR5-2-101 . Reimbursement of lodging.
1733-852
1734-(1) Subject to the other provisions of this rule, if a legislator's official duties necessitate
1735-853
1736-overnight accommodations, the legislator may receive reimbursement for any actual
1737-854
1738-lodging expenses incurred by the legislator for an:
1739-855
1740-(a) authorized legislative day; or
1741-856
1742-(b) authorized legislative training day.
1743-857
1744-[(2) Except as provided in the policies and procedures established in accordance with
1745-858
1746-Subsection (3), reimbursement under Subsection (1) may not exceed the daily rates
1747-859
1748-published in the administrative rules governing reimbursement of lodging expenses for
1749-860
1750-state employees.]
1751-861
1752-[(3)] (2) Reimbursement for actual lodging expenses for a legislator for an authorized
1753-862
1754-legislative day or authorized legislative training day shall be as provided in policies and
1755-863
1756-procedures established by the Legislative Expenses Oversight Committee.
1757-864
1758-Section 24. JR5-2-102 is amended to read:
1759-865
1760-JR5-2-102 . Reimbursement of meal expenses.
1761-866
1762-(1) Subject to the other provisions of this rule, for each authorized legislative day or
1763-867
1764-authorized legislative training day a legislator may receive reimbursement for any actual
1765-868
1766-meal expenses incurred by the legislator in association with the legislator's official duties.
1767-869
1768-[(2) Except as provided in the policies and procedures established in accordance with
1769-870
1770-Subsection (3), reimbursement under Subsection (1):]
1771-871
1772-[(a) may not exceed the rates set in administrative rules governing reimbursement and
1773-872
1774-meal expenses for state employees; and]
1775-873
1776-[(b) is subject to the time calculation requirements set in administrative rules governing
1777-874
1778-reimbursement and meal expenses for state employees.]
1779-875
1780-[(3)] (2) Reimbursement for actual meal expenses for a legislator for an authorized
1781-876
1782-legislative day or authorized legislative training day shall be as provided in policies and
1783-877
1784-procedures established by the Legislative Expenses Oversight Committee.
1785-- 26 - Enrolled Copy H.J.R. 6
1786-878
1787-Section 25. JR5-2-103 is amended to read:
1788-879
1789-JR5-2-103 . Reimbursement for transportation costs.
1790-880
1791-(1) A legislator may receive reimbursement for any actual transportation costs incurred by
1792-881
1793-the legislator in association with the legislator's official duties for an:
1794-882
1795-(a) authorized legislative day; or
1796-883
1797-(b) authorized legislative training day.
1798-884
1799-(2) Transportation costs reimbursed under this rule shall be equal to:
1800-885
1801-(a) for travel by private vehicle, the actual mileage incurred by the legislator for the
1802-886
1803-legislator's private automobile use to and from the legislative meeting, to be paid in
1804-887
1805-accordance with the [private vehicle mileage reimbursement rate that is applied when
1806-888
1807-daily pool fleet vehicles are unavailable, as published in the administrative rules
1808-889
1809-governing reimbursement of transportation expenses for state employees] policy
1810-890
1811-adopted by the Legislative Expenses Oversight Committee;
1812-891
1813-(b) for public transportation:
1814-892
1815-(i) the actual cost of the transportation incurred by the legislator to and from the
1816-893
1817-legislative meeting;
1818-894
1819-(ii) the private vehicle mileage actually incurred by the legislator to and from the
1820-895
1821-terminus of the public transportation; and
1822-896
1823-(iii) the cost of parking actually incurred by the legislator; or
1824-897
1825-(c) for commercial transportation:
1826-898
1827-(i) the actual cost of the transportation, which shall be limited to [coach or ]standard
1828-899
1829-economy or main cabin class, incurred by the legislator to and from the legislative
1830-900
1831-meeting;
1832-901
1833-(ii) the private vehicle mileage actually incurred by the legislator to and from the
1834-902
1835-terminus of the commercial transportation; and
1836-903
1837-(iii) the cost of parking actually incurred by the legislator.
1838-904
1839-(3) Reimbursement for actual transportation costs incurred for a legislator for an authorized
1840-905
1841-legislative day or an authorized legislative training day shall be as provided in
1842-906
1843-procedures established by the Legislative Expenses Oversight Committee.
1844-907
1845-Section 26. JR5-4-101 is amended to read:
1846-908
1847-JR5-4-101 . Reimbursement for costs of out-of-state travel.
1848-909
1849- The following rules govern reimbursement for out-of-state travel by legislators:
1850-910
1851-(1)(a) Subject to Subsections (1)(b) and (1)(c), legislators shall receive reimbursement
1852-911
1853-for all approved actual and necessary expenses.
1854-- 27 - H.J.R. 6 Enrolled Copy
1855-912
1856-(b) The presiding officer, the majority leader, and the minority leader shall meet
1857-913
1858-annually to establish a policy governing out-of-state travel, including the process for
1859-914
1860-them to approve out of state travel and approve reimbursement of expenses for that
1861-915
1862-travel as required under Utah Code Section 36-12-17.
1863-916
1864-(c) If a legislator elects to travel to an out-of-state destination by private automobile, the
1865-917
1866-legislator shall receive actual mileage or the actual cost of [alternative commercial ]
1867-918
1868-air transportation, whichever is less.
1869-919
1870-(2) Each legislator shall provide supporting documentation for each expense for which the
1871-920
1872-legislator seeks reimbursement.
1873-921
1874-Section 27. JR7-1-101 is amended to read:
1875-922
1876-JR7-1-101 . Definitions.
1877-923
1878- As used in this chapter:
1879-924
1880-(1) "Anchor location" means the physical location from which:
1881-925
1882-(a) an electronic meeting originates; or
1883-926
1884-(b) the participants are connected.
1885-927
1886-(2) "Authorized legislative committee" means:
1887-928
1888-(a) an interim committee;
1889-929
1890-(b) the Legislative Management Committee;
1891-930
1892-(c) the Legislative Process Committee;
1893-931
1894-(d) when functioning as an interim committee:
1895-932
1896-(i) the Senate Rules Committee created in SR3-1-101; or
1897-933
1898-(ii) the House Rules Committee created in HR3-1-101; or
1899-934
1900-(e) a special committee:
1901-935
1902-(i) that is not a mixed special committee; and
1903-936
1904-(ii) to the extent the special committee has statutory authority to open a committee
1905-937
1906-bill file or create a committee bill.
1907-938
1908-(3) "Bill" means the same as that term is defined in JR4-1-101.
1909-939
1910-(4) "Chair" except as otherwise expressly provided, means:
1911-940
1912-(a) the member of the Senate appointed as chair of an interim committee by the
1913-941
1914-president of the Senate under JR7-1-202;
1915-942
1916-(b) the member of the House of Representatives appointed as chair of an interim
1917-943
1918-committee by the speaker of the House of Representatives under JR7-1-202;
1919-944
1920-(c) a member of a special committee appointed as chair of the special committee; or
1921-945
1922-(d) a member of a legislative committee designated by the chair of the legislative
1923-- 28 - Enrolled Copy H.J.R. 6
1924-946
1925-committee under Subsection (4)(a), (b), or (c) to act as chair under JR7-1-202.
1926-947
1927-(5) "Committee bill" means draft legislation that receives a favorable recommendation from
1928-948
1929-an authorized legislative committee.
1930-949
1931-(6) "Committee bill file" means a request for legislation made by:
1932-950
1933-(a) a majority vote of an authorized legislative committee; or
1934-951
1935-(b) the chairs of an [interim] authorized legislative committee, if the [interim] authorized
1936-952
1937-legislative committee authorizes the chairs to open one or more committee bill files
1938-953
1939-in accordance with JR7-1-602.
1940-954
1941-(7) "Committee note" means a note that the Office of Legislative Research and General
1942-955
1943-Counsel places on legislation in accordance with JR4-2-401.
1944-956
1945-(8) "Draft legislation" means a draft of a bill or resolution before it is numbered by the
1946-957
1947-Office of Legislative Research and General Counsel.
1948-958
1949-(9) "Electronic meeting" means the same as that term is defined in Utah Code Section
1950-959
1951-52-4-103.
1952-960
1953-(10) "Favorable recommendation" means an action of an authorized legislative committee
1954-961
1955-by majority vote to favorably recommend legislation for consideration by the
1956-962
1957-Legislature in an upcoming legislative session.
1958-963
1959-(11) "Legislative committee" means:
1960-964
1961-(a) an interim committee; or
1962-965
1963-(b) a special committee.
1964-966
1965-(12) "Interim committee" means a committee that:
1966-967
1967-(a) is comprised of members from both chambers;
1968-968
1969-(b) meets between annual general sessions of the Legislature to perform duties described
1970-969
1971-in rule; and
1972-970
1973-(c) is created under JR7-1-201.
1974-971
1975-(13) "Legislative sponsor" means:
1976-972
1977-(a) for a committee bill file, the chairs of the authorized legislative committee that
1978-973
1979-opened the committee bill file or the chairs' designee; or
1980-974
1981-(b) for a request for legislation that is not a committee bill file, the legislator who
1982-975
1983-requested the request for legislation or the legislator's designee.
1984-976
1985-(14) "Majority vote" means:
1986-977
1987-(a) with respect to an interim committee, an affirmative vote of at least 50% of a quorum
1988-978
1989-of members of the interim committee from one chamber and more than 50% of a
1990-979
1991-quorum of members of the interim committee from the other chamber; or
1992-- 29 - H.J.R. 6 Enrolled Copy
1993-980
1994-(b) with respect to a special committee, an affirmative vote of more than 50% of a
1995-981
1996-quorum.
1997-982
1998-(15) "Mixed special committee" means a special committee that is composed of one or
1999-983
2000-more voting members who are legislators and one or more voting members who are not
2001-984
2002-legislators.
2003-985
2004-(16) "Original motion" means a nonprivileged motion that is accepted by the chair when no
2005-986
2006-other motion is pending.
2007-987
2008-(17) "Pending motion" means a motion described in JR7-1-307.
2009-988
2010-(18) "Privileged motion" means a motion to adjourn, set a time to adjourn, recess, end
2011-989
2012-debate, extend debate, or limit debate.
2013-990
2014-(19) "Public statement" means a statement made in the ordinary course of business of a
2015-991
2016-legislative committee with the intent that all other members of the legislative committee
2017-992
2018-receive it.
2019-993
2020-(20) "Request for legislation" means the same as that term is defined in JR4-1-101.
2021-994
2022-(21) "Resolution" means the same as that term is defined in JR4-1-101.
2023-995
2024-(22)(a) "Special committee" means a committee, commission, task force, or other
2025-996
2026-similar body that is:
2027-997
2028-(i) created by legislation; and
2029-998
2030-(ii) staffed by:
2031-999
2032-(A) the Office of Legislative Research and General Counsel; or
2033-1000
2034-(B) the Office of the Legislative Fiscal Analyst.
2035-1001
2036-(b) "Special committee" does not include:
2037-1002
2038-(i) an interim committee;
2039-1003
2040-(ii) a standing committee created under SR3-2-201 or HR3-2-201; or
2041-1004
2042-(iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
2043-1005
2044-(23) "Subcommittee" means a subsidiary unit of a legislative committee formed in
2045-1006
2046-accordance with JR7-1-411.
2047-1007
2048-(24) "Substitute motion" means a nonprivileged motion that a member of a legislative
2049-1008
2050-committee makes when there is a nonprivileged motion pending.
2051-1009
2052-Section 28. JR7-1-410 is amended to read:
2053-1010
2054-JR7-1-410 . Right of legislators to attend legislative committee meetings.
2055-1011
2056-(1) Any member of the Legislature may:
2057-1012
2058-(a) attend any meeting of a legislative committee or a subcommittee, unless the meeting
2059-1013
2060-is closed in accordance with Utah Code Title 52, Chapter 4, Open and Public
2061-- 30 - Enrolled Copy H.J.R. 6
2062-1014
2063-Meetings Act; and
2064-1015
2065-(b) if recognized by the chair during the public comment phase, present the legislator's
2066-1016
2067-views on the subject under consideration.
2068-1017
2069-(2) A legislator who attends a meeting of a legislative committee of which the legislator is
2070-1018
2071-not a member or a meeting of a subcommittee of which the legislator is not a member
2072-1019
2073-may not:
2074-1020
2075-(a) make a motion;
2076-1021
2077-(b) vote; or
2078-1022
2079-(c) receive compensation for attending the meeting, unless approved by the Legislative
2080-1023
2081-Expenses Oversight Committee for the chamber of which the legislator is a member.
2082-1024
2083-Section 29. JR7-1-411 is amended to read:
2084-1025
2085-JR7-1-411 . Creation and organization of subcommittees.
2086-1026
2087-(1) A legislative committee may establish one or more subcommittees if approved by:
2088-1027
2089-(a) a majority vote of the legislative committee; and
2090-1028
2091-(b) the Legislative Management Committee.
2092-1029
2093-(2) The legislative committee shall establish each study assignment of a subcommittee by
2094-1030
2095-majority vote.
2096-1031
2097-(3)(a) After a legislative committee establishes a subcommittee, the chairs of the
2098-1032
2099-legislative committee shall:
2100-1033
2101-[(a)] (i) appoint at least four members of the legislative committee to serve on the
2102-1034
2103-subcommittee;
2104-1035
2105-[(b)] (ii) appoint at least one and no more than two additional members of the
2106-1036
2107-legislative committee as chair or cochairs of the subcommittee; and
2108-1037
2109-[(c)] (iii) establish the subcommittee's powers, duties, and reporting requirements.
2110-1038
2111-(b) The chairs of the legislative committee shall ensure that the subcommittee
2112-1039
2113-membership includes at least one senator and one representative.
2114-1040
2115-(4) Each member of a subcommittee shall receive:
2116-1041
2117-(a) compensation for attendance of a meeting of the subcommittee that is an authorized
2118-1042
2119-legislative day as defined in JR5-1-101; and
2120-1043
2121-(b) reimbursement for expenses in accordance with Title 5, Legislative Compensation
2122-1044
2123-and Expenses.
2124-1045
2125-Section 30. JR7-1-601.5 is amended to read:
2126-1046
2127-JR7-1-601.5 . Opening committee bill files.
2128-1047
2129-(1) [Except as provided in ] Subject to Subsection (3), a member of an authorized legislative
2130-- 31 - H.J.R. 6 Enrolled Copy
2131-1048
2132-committee may make a motion to open a committee bill file if:
2133-1049
2134-(a) the member describes the general subject matter of the legislation;
2135-1050
2136-(b) the subject matter is germane to the subject matter over which the authorized
2137-1051
2138-legislative committee has jurisdiction; and
2139-1052
2140-(c) the member intends that the authorized legislative committee take action on the
2141-1053
2142-resulting draft legislation before the next general session in a meeting of the
2143-1054
2144-authorized legislative committee.
2145-1055
2146-(2) Except as provided in JR7-1-602, an authorized legislative committee may not authorize
2147-1056
2148-any individual or group of individuals to open a committee bill file.
2149-1057
2150-(3) An authorized legislative committee may not open a committee bill file during the
2151-1058
2152-period that begins January 1 and ends the day after the day on which the Legislature
2153-1059
2154-adjourns that year's general session sine die.
2155-1060
2156-Section 31. JR7-1-602 is amended to read:
2157-1061
2158-JR7-1-602 . Chairs' authority to open committee bill files.
2159-1062
2160-(1) Subject to the provisions of this rule, the following authorized legislative committees
2161-1063
2162-may delegate the authority to open a committee bill file to the chairs of the committee:
2163-1064
2164-(a) an interim committee;
2165-1065
2166-(b) the Legislative Process Committee; or
2167-1066
2168-(c) the Rules Review and General Oversight Committee.
2169-1067
2170-(2) [An interim committee ] An authorized legislative committee described in Subsection (1)
2171-1068
2172-may authorize the committee chairs to independently open one or more committee bill
2173-1069
2174-files throughout the interim period if:
2175-1070
2176-(a) that authority is granted by the [interim ]committee to the chairs by means of a
2177-1071
2178-motion and majority vote;
2179-1072
2180-(b) the motion and vote occur during the [interim ]committee's first meeting [of the
2181-1073
2182-calendar year] after the Legislature adjourns that year's general session sine die;
2183-1074
2184-(c) the subject matter of each committee bill file opened by the chairs is directly related
2185-1075
2186-to:
2187-1076
2188-(i) for an interim committee, a study item on the list adopted by the interim
2189-1077
2190-committee under JR7-1-401(3); or
2191-1078
2192-(ii) a subject or issue that is expressly stated in the motion made under this rule; and
2193-1079
2194-(d) the decision to open each committee bill file is made jointly by the chairs.
2195-1080
2196-[(2)] (3) No committee other than an [interim committee] authorized legislative committee
2197-1081
2198-described in Subsection (1) may delegate the authority to independently open a
2199-- 32 - Enrolled Copy H.J.R. 6
2200-1082
2201-committee bill file to the [chair or ]chairs of a committee.
2202-1083
2203-[(3)] (4) In the next [interim ]committee meeting after opening a bill file under Subsection
2204-1084
2205-(2), the chairs shall give the committee members notice:
2206-1085
2207-(a) that the chairs have opened the committee bill file; and
2208-1086
2209-(b) of the short title and subject matter of the committee bill file.
2210-1087
2211-Section 32. JR7-1-610 is amended to read:
2212-1088
2213-JR7-1-610 . Committee bill files -- Effect of favorable recommendation --
2214-1089
2215-Committee bill files without recommendation abandoned.
2216-1090
2217-(1) As used in this rule, "technical correction" means the same as that term is defined in
2218-1091
2219-JR4-2-401.
2220-1092
2221-(2) After an authorized legislative committee reviews draft legislation the authorized
2222-1093
2223-legislative committee may give the draft legislation a favorable recommendation.
2224-1094
2225-[(2)] (3) If an authorized legislative committee gives draft legislation a favorable
2226-1095
2227-recommendation, the Office of Legislative Research and General Counsel shall:
2228-1096
2229-(a) attach a committee note to the committee bill, as required under JR4-2-401; and
2230-1097
2231-(b) assign the committee bill a bill number in accordance with JR4-2-501.
2232-1098
2233-[(3)] (4)(a) Except as provided in Subsection [(3)(b)] (4)(b), a committee bill file that
2234-1099
2235-does not receive a favorable recommendation at the committee's last scheduled
2236-1100
2237-meeting of the calendar year in which the committee bill file was opened is
2238-1101
2239-abandoned.
2240-1102
2241-(b) Subsection [(3)(a)] (4)(a) does not apply to a committee bill file opened by:
2242-1103
2243-(i) the [Administrative Rules Review Committee] Rules Review and General
2244-1104
2245-Oversight Committee for the purpose of reauthorizing agency rules in accordance
2246-1105
2247-with Utah Code Section 63G-3-502; or
2248-1106
2249-(ii) the Legislative Process Committee created in Utah Code Section 36-17-1.
2250-1107
2251-[(4)] (5)(a) Nothing in this rule prohibits a legislator from making a request for
2252-1108
2253-legislation in the legislator's name to sponsor legislation that was abandoned in
2254-1109
2255-accordance with Subsection [(3)] (4).
2256-1110
2257-(b) A request for legislation described in Subsection [(4)(a)] (5)(a) is subject to the
2258-1111
2259-drafting priority described in JR4-2-102.
2260-1112
2261-(6) Between an authorized legislative committee's last scheduled meeting of the calendar
2262-1113
2263-year and the day on which the Office of Legislative Research and General Counsel
2264-1114
2265-numbers the committee's committee bill, a sponsor assigned to the committee bill in
2270+- 33 - 2nd Sub. (Gray) H.J.R. 6 02-26 18:34
22662271 1115
2267-accordance with JR7-1-611 may not alter the committee bill, except to make a technical
2268-- 33 - H.J.R. 6 Enrolled Copy
2272+Section 33. Effective Date.
22692273 1116
2270-correction.
2271-1117
2272-Section 33. Effective Date.
2273-1118
22742274 This resolution takes effect upon a successful vote for final passage.
22752275 - 34 -