(1) (a) At the beginning of each legislative session, the Legislature shall adopt Joint Rules and the Interim Rules by a constitutional two-thirds vote of all Senators and Representatives.

(b) Except as provided in Subsection (1)(c), after the initial adoption of Joint and Interim Rules, the Legislature may adopt additional Joint and Interim Rules or amend or repeal existing Joint or Interim Rules by a constitutional majority vote.

(c) The Legislature may adopt or amend a Joint or Interim Rule that includes a voting requirement of more than a constitutional majority only by a constitutional two-thirds vote of all Senators and Representatives.

(2) The Senate and House Rules Committees shall:

(a) meet before each annual general session of the Legislature convenes;

(b) review Joint Rules and Interim Rules; and

CHAPTER 2. CONVENING AND ADJOURNING THE LEGISLATURE

Part 1. Convening the Legislature

JR1-2-101. Convening the Legislature -- Process -- Date.

(1) The Legislature shall convene:

(a) on the date set by the Utah Constitution for the beginning of the annual general session; or

(b) on the date set by the Governor in the proclamation that calls the Legislature into special session.

(2) The Legislature shall convene by:

(a) each house being called to order;

(b) having an invocation;

(d) reading the certificates of election and giving the oath of office to legislators, if necessary;

(e) calling the roll and declaring whether or not a quorum is present;

(f) electing a presiding officer, if necessary;

(g) appointing standing committees, if necessary;

(h) adopting rules;

(i) giving and receiving the notifications required in Joint Rules 1-2-102 and 1-2-103; and

(j) introducing bills.

(3) Nothing in this rule:

(a) requires the Senate or House to perform the items in this rule in a particular order; or

(b) prohibits the Senate or House from adding or deleting items.

(4) The Daily Order of Business set forth in Senate Rule 23.03 and House Rule 23.03 governs on all legislative days other than the day on which the Legislature convenes.

JR1-2-102. Notification of Organization of Each House.

Immediately after the organization of the Senate and House of Representatives at the beginning of each session of the Legislature, each house shall appoint a committee composed of three legislators to notify the other house that it is organized and ready to transact business.

JR1-2-103. Joint Committee to Notify Governor.

Upon a motion of the respective houses, a joint committee consisting of three Senators and three Representatives shall be appointed to inform the Governor personally that:

(1) both houses of the Legislature have convened and are organized; and

(2) they are ready to receive any communications from the Governor.

Part 2. Adjourning the Legislature

JR1-2-201. Consent of Other House Required.

(1) Except as provided in Subsection (2), each house may adjourn from day to day until:

(a) the constitutional time limit for an annual general session or special session expires;

(b) the Legislature is dissolved because the terms of office of a majority of the members of the legislative body have expired; or

(2) As provided in Utah Constitution, Article VI, Section 15, neither house may adjourn for more than three days unless the other house consents by majority vote.

JR1-2-202. Adjournment Sine Die.

(1) (a) If the Legislature is meeting until midnight on the last day of any session, the Speaker and the President shall, at midnight, announce the time to the members of their respective houses.

(b) Each house shall cease its business at midnight.

(2) Adjournment sine die shall be made after:

(a) a committee from each house has notified the opposite house that they have completed their work;

(b) a joint committee has notified the Governor that the Legislature has completed its work; and

CHAPTER 3. RECORD AND DISTRIBUTION OF LEGISLATIVE ACTION

Part 1. Recording Legislative Action

JR1-3-101. Secretary and Chief Clerk to Keep Records of Action.

(1) The Secretary of the Senate and the Chief Clerk of the House, or their designees, shall record on each bill's jacket each action on every bill or resolution taken by the Senate and House of Representatives.

(2) (a) The Senate Secretary or her designee shall ensure that adopted Senate amendments are inserted in the bill on goldenrod paper.

(b) The Chief Clerk of the House or her designee shall ensure that adopted House amendments are inserted in the bill on lilac paper.

JR1-3-102. Senate and House Journals.

(1) Each house shall:

(a) keep a journal of its proceedings;

(b) publish the journal daily;

(d) ensure that the vote on final passage of each bill is by yeas and nays and is entered upon the journal;

(e) ensure that the vote on any other question is by yeas and nays and is entered upon the journal at the request of five members of that house; and

(f) base the journal upon the record of the proceedings taken by the Reading or Docket Clerk and the electronic recording of those proceedings.

(2) The Secretary of the Senate and the Chief Clerk of the House of Representatives shall provide a final certification of the journal for their respective house.

Part 2. Use of Legislative Seal

JR1-3-201. Authorized Use of Legislative Seal.

(1) As used in this rule:

(a) "Legislative business" means activities performed by a legislator, during the legislator's term of office that are within the course and scope of the work of a legislator.

(b) "Legislative business" includes the use of the legislative seal on letterhead, memoranda, facsimile cover sheets, news releases, and other materials.

(c) "Legislative seal" means the emblem of the Utah State Senate or Utah House of Representatives designed and adopted by each body to authenticate official communications of the body or its members.

(2) (a) Each legislator shall ensure that, in using the legislative seal, the reputation and integrity of the legislative institution is preserved.

(b) A legislator may use the legislative seal for legislative business on personalized legislative stationary, business cards, and on other documents.

(d) A person may not use the seal for any purpose once the person ceases to be a legislator.

(3) The Senate and House shall provide to a member, upon request, an electronic or camera-ready copy of the legislative seal.

TITLE 2. SPECIAL SESSIONS AND VETO OVERRIDE SESSION

CHAPTER 1. SPECIAL SESSIONS

JR2-1-101. Annual General Session Rules Apply.

Except as otherwise provided in this chapter, rules adopted by each house of the Legislature during the immediately preceding annual general session apply to the conduct of that house during a special session.

JR2-1-102. Introduction of Bills.

Legislation authorized by the Governor's special session proclamation may be introduced in either house at any time during a special session of the Legislature.

JR2-1-103. Motion to Reconsider.

A motion to reconsider a piece of special session legislation may be made at any time during that special session of the Legislature.

CHAPTER 2. VETO OVERRIDE SESSIONS

Part 1. General Veto Override Procedures

JR2-2-101. Veto Override Process.

(1) A bill passed by the Legislature and vetoed by the Governor shall be reconsidered first in the house of origin of the bill.

(2) (a) When a vetoed bill is returned to the House or Senate by the Governor, it shall be placed on the third reading calendar.

(b) The Legislature may not amend or otherwise modify a vetoed bill or item of appropriation.

(3) If a constitutional two-thirds of the members elected to the first house vote to pass the bill, it shall be sent to the other house, together with the Governor's objections.

(4) If a constitutional two-thirds of the members elected to the other house approve the bill, the bill becomes law.

Part 2. Veto Override Sessions

JR2-2-201. Poll to Convene and Calling a Veto Override Session.

(1) (a) If the Legislature is prevented by adjournment sine die from reconsidering any vetoed bill or item of appropriation vetoed by the Governor, the President of the Senate and the Speaker of the House shall poll their respective members by mail or other means to determine if the Legislature shall convene to reconsider vetoed legislation.

(b) Each member shall respond to the poll in writing, by telephone, or other available means.

(2) (a) The President and Speaker shall notify the Governor about the results of the poll.

(b) The sponsor of a bill being considered for the veto override shall be provided, upon request, the itemized list of how each legislator responded to the poll.

(3) (a) If two-thirds of the members of each house are in favor of convening a veto override session, the Legislature shall convene in a veto override session not to exceed five calendar days, at a time agreed upon by the President and Speaker.

(b) A veto override session, if called, shall be convened prior to 60 days after the adjournment of the session at which the bill or appropriation item under consideration was passed.

(4) (a) The presiding officers shall issue the call of the veto override session of the Legislature to their members.

(b) The call shall contain a list of each bill and appropriation item vetoed by the Governor and the date and time for convening the veto override session.

(5) The Legislature shall consider the vetoed bills and appropriation items according to the process outlined in JR2-2-101.

JR2-2-202. Scope.

The Legislature may consider only bills or appropriation items vetoed by the Governor and may not consider any bill or appropriation item that was not vetoed by the Governor.

JR2-2-203. Rules Governing.

Except as otherwise provided in this chapter, the rules adopted by each house of the Legislature during the immediately preceding annual general session apply to the conduct of that house during a veto override session.

TITLE 3. JOINT CONVENTIONS AND JOINT COMMITTEES

CHAPTER 1. JOINT CONVENTIONS

JR3-1-101. Process for Calling and Conducting -- Scope.

(1) (a) The President of the Senate and the Speaker of the House may, by mutual consent, call joint conventions of the two houses and shall include in the call the purpose for which the joint convention is called.

(b) Joint conventions shall be held in the chambers of the House of Representatives, with the President of the Senate presiding.

(2) At the time fixed for the joint convention:

(a) the House of Representatives shall prepare to receive the Senate; and

(b) the Senate shall proceed to the chamber of the House of Representatives.

(3) The Secretary of the Senate and the Chief Clerk of the House of Representatives shall:

(a) act as secretaries of the joint convention; and

(b) enter the proceedings of the convention in the journal of at least one house.

(4) At a joint convention, members of either house may not engage in the transaction of any business other than that for which they were assembled.

JR3-1-102. Rules Governing Joint Conventions.

(1) The House Rules govern the proceedings in joint convention except those House Rules that are clearly not applicable.

(2) (a) Absent House members may be compelled to attend joint conventions under House Rules.

(b) Absent Senate members may be compelled to attend joint conventions under Senate Rules.

(c) The Sergeant-at-Arms of each house shall attend joint conventions to compel the attendance of absent members if called upon.

(3) Joint conventions may adjourn from time to time as necessary.

CHAPTER 2. JOINT COMMITTEES

Part 1. General Rules Governing Joint Committees

JR3-2-101. Interim Rules Govern.

Committees of the Legislature meeting jointly shall be organized and operate under the Interim Rules, as applicable.

JR3-2-102. Minimum Membership.

Each standing, appropriation, and interim committee, meeting jointly, shall have at least two Senators and at least two Representatives in its membership.

JR3-2-103. Announcing the Vote.

(1) After a joint committee votes, the chair shall:

(a) determine whether the motion passed or failed;

(b) verbally announce that the motion passed or that the motion failed; and

(2) Members dissenting from a committee report may file a minority report or may be listed on the majority report as dissenting.

Part 2. Standing Committees

JR3-2-201. Standing Committees.

The chairs of like committees in each house may convene joint committee meetings and hearings on legislative subjects of common interest.

Part 3. Joint Appropriations Committee and Appropriation Subcommittees

JR3-2-301. Joint Appropriations Committee -- Creation.

The Joint Appropriations Committee of the Legislature consists of all the members of the Legislature.

JR3-2-302. Appropriation Subcommittees -- Created -- Membership -- Quorum and Voting Requirements.

(1) The members of the Joint Appropriations Committee shall be divided into the following subcommittees:

(a) Capital Facilities and Government Operations;

(b) Commerce and Workforce Services;

(d) Executive Offices and Criminal Justice;

(e) Health and Human Services;

(f) Higher Education;

(g) Natural Resources;

(h) Public Education;

(i) Retirement and Independent Entities; and

(j) Transportation, Environmental Quality, and National Guard.

(2) Subject to Subsection (3), the President of the Senate and Speaker of the House shall appoint their respective members to each subcommittee.

(3) The Retirement and Independent Entities Subcommittee shall have the same members as the Retirement and Independent Entities Committee created in Section 63E-1-201.

(4) (a) A majority of any appropriations subcommittee is a quorum for the transaction of business.

(b) In determining a subcommittee quorum, a majority is at least 50% in one house and more than 50% in the other.

(5) (a) In all decisions of the subcommittees, a majority vote prevails.

(b) A majority vote is at least 50% of the members of one house and more than 50% in the other house in attendance.

Part 4. Executive Appropriations Committee and Appropriation Process -- Session

JR3-2-401. Executive Appropriations -- Creation -- Membership -- Quorum and Voting Requirements.

(1) There is created an Executive Appropriations Committee consisting of 20 members composed of:

(a) three members of the majority leadership of the Senate and four members of the majority leadership of the House;

(b) two members of the minority leadership of the Senate and three members of the minority leadership of the House;

(c) the chair and vice chair of the Senate Appropriations Committee and the chair and vice chair of the House Appropriations Committee; and

(d) (i) one member from the majority party of the Senate as appointed by the President of the Senate or as chosen by the Senate majority caucus;

(ii) two members from the minority party of the Senate as appointed by the Senate minority leader or as chosen by the Senate minority caucus; and

(iii) one member from the minority party of the House as appointed by the House minority leader or as chosen by the House minority caucus.

(2) A member of the Executive Appropriations Committee, whose membership is determined under Subsection (1)(a) or (b), may appoint a designee to permanently serve in that individual's place if:

(a) the person is a member of the majority party and the designee is approved by the Speaker or the President; or

(b) the person is a member of the minority party and the designee is approved by the House or Senate minority party leader.

(3) (a) A majority of the Executive Appropriations Committee is a quorum for the transaction of business.

(b) In determining a committee quorum, a majority is at least 50% in one house and more than 50% in the other.

(4) (a) In all decisions of the Executive Appropriations Committee, a majority vote prevails.

(b) A majority vote is at least 50% of the members of one house and more than 50% of the members of the other house in attendance.

(5) The Office of Legislative Fiscal Analyst shall staff the Executive Appropriations Committee and its subcommittees.

JR3-2-402. Executive Appropriations -- Duties.

(1) As used in this rule, "base budget" means:

(a) amounts appropriated by the Legislature for each item of appropriation for the current fiscal year that:

(i) are not designated as one-time in an appropriation, regardless of whether or not the appropriations is covered by ongoing or one-time revenue sources; and

(ii) were not vetoed by the governor, unless the Legislature overrode the veto; and

(b) any changes to those amounts approved by the Executive Appropriations Committee.

(2) (a) The Executive Appropriations Committee shall meet no later than the third Wednesday in December to:

(i) direct staff as to what revenue estimate to use in preparing budget recommendations;

(ii) decide whether or not to set aside special allocations for the end of the session;

(iii) approve the appropriate amount for each subcommittee to use in preparing its budget;

(iv) set a budget figure; and

(v) adopt base budgets and direct the Legislative Fiscal Analyst to prepare one or more appropriations acts appropriating base budgets for the next fiscal year.

(b) The chairs of each appropriation subcommittee are invited to attend this meeting.

(3) Appropriations subcommittees may not meet while the Senate or House is in session without special leave from the Speaker of the House and the President of the Senate.

(4) All proposed items of expenditure to be included in the appropriations bills shall be submitted to one of the subcommittees named in JR3-2-302 for consideration and recommendation.

(5) (a) After receiving and reviewing subcommittee reports, the Executive Appropriations Committee may refer the report back to an appropriations subcommittee with any guidelines the Executive Appropriations Committee considers necessary to assist the subcommittee in producing a balanced budget.

(b) The subcommittee shall meet to review the new guidelines and report the adjustments to the chairs of the Executive Appropriations Committee as soon as possible.

(6) (a) After receiving the reports, the Executive Appropriations Committee chairs will report them to the Executive Appropriations Committee.

(b) That committee shall:

(i) make any further adjustments necessary to balance the budget; and

(ii) complete all decisions necessary to draft the final appropriations bill no later than the 38th day of the annual general session.

Part 5. Executive Appropriations Committee and Subcommittees -- Interim

JR3-2-501. Meetings.

(1) (a) During the interim, the Executive Appropriations Committee shall meet at least every other month on the day before interim meetings.

(b) The appropriations subcommittee chairs may attend these meetings and provide input regarding their budget.

(2) Appropriation subcommittees shall meet at least once during the interim and may also hold additional meetings if authorized by the Legislative Management Committee.

JR3-2-502. In-depth Budget Review.

(1) Each year, the Executive Appropriations Committee shall:

(a) select a state agency, institution, or program to be the subject of an in-depth budget review; and

(b) direct an appropriation subcommittee to conduct the in-depth budget review of the agency and report back to the Executive Appropriations Committee.

(2) In conducting the in-depth budget review, the appropriations subcommittee shall:

(a) study, in detail, the budget of the agency, institution, or program;

(b) prepare a report making recommendations for reduction or additions to the budget of that agency, institution, or program; and

Part 6. Conference Committees

JR3-2-601. Appointment and Chairs.

(1) (a) If the Senate refuses to concur in the House amendments to a Senate bill, the Secretary of the Senate shall notify the House of the refusal and ask the House to recede from its amendments.

(b) Either house may recede from its position on any difference existing between the two houses by a majority vote of its members.

(d) If the Speaker does not immediately appoint a conference committee, the President may appoint a conference committee.

(e) Whenever the President or Speaker appoint a conference committee, the Secretary of the Senate or Chief Clerk of the House shall:

(i) immediately notify the other house of the action taken; and

(ii) request the appointment of a like committee.

(f) After receiving the notice and request, the presiding officer of the other house shall appoint a conference committee of three.

(2) (a) If the House refuses to concur in the Senate amendments to a House bill, the Chief Clerk of the House shall notify the Senate of the refusal and ask the Senate to recede from its amendments.

(b) Either house may recede from its position on any difference existing between the two houses by a majority vote of its members.

(d) If the President does not immediately appoint a conference committee, the Speaker may appoint a conference committee.

(e) Whenever the President or Speaker appoint a conference committee, the Secretary of the Senate or Chief Clerk of the House shall:

(i) immediately notify the other house of the action taken; and

(ii) request the appointment of a like committee.

(f) After receiving the notice and request, the presiding officer of the other house shall appoint a conference committee of three.

(3) (a) The first Senator named on the conference committee is the Senate chair of the committee, and the first Representative named on the committee is the House chair.

(b) No more than two members of the conference committee may be members of the majority party.

(i) arrange the time and place of all meetings; and

(ii) direct the preparation of reports.

JR3-2-602. Conference Committee Procedures.

(1) The chair from the house of origin of the bill shall chair meetings of the committee.

(2) Staff from the Office of Legislative Research and General Counsel may attend the conference committee meeting to assist in the preparation of the committee report.

(3) (a) Subject to Subsection (3)(b), conference committee meetings are open to the public.

(b) Public comment may not be received or made during a conference committee meeting unless a majority of committee members from one house and at least 50% from the other house vote to receive public comment.

(4) (a) A majority of committee members from each house must approve a conference committee report in order for it to be presented to the Legislature.

(b) (i) If the conference committee cannot reach an agreement, the committee shall report the failure to agree to both houses.

(ii) Upon notice that a conference committee has failed to agree, the presiding officer of each house may either appoint a new committee or reappoint the former committee.

(5) Before a bill being considered by a conference committee is abandoned, not to be reviewed again by either house during the remainder of the session, each house shall vote to refuse further conferences by the same committee or a new committee.

JR3-2-603. Conference Committee Report -- Contents -- Disposition.

(1) The conference committee's report shall be in writing.

(2) (a) Subject to Subsection (2)(b), the committee may report any modifications or amendments to the bill that they think advisable.

(b) A conference committee may not consider or report on any matter except those at issue between the two houses.

(3) (a) If the bill being discussed by the conference committee is a House bill, the Senate conference committee members shall present the conference committee report first to the Senate.

(b) If the bill being discussed by the conference committee is a Senate bill, the House conference committee members shall present the conference committee report first to the House.

(4) (a) After a motion to adopt the conference committee report is approved, the bill shall be put at the top of the third reading calendar in the first house for consideration.

(b) When the first house has acted on the bill, it shall transmit the bill and the report to the other house, along with a letter explaining its action.

JR3-2-604. Failure to Meet.

If the members of the conference committee do not meet in a timely manner after being appointed, the presiding officers of both houses may appoint a new conference committee and disband the original conference committee.

TITLE 4. BILLS AND RESOLUTIONS

CHAPTER 1. GENERAL PROVISIONS

Part 1. General Provisions and Format Requirements

JR4-1-101. Definitions.

As used in this title:

(1) "Bill" means legislation introduced for consideration by the Legislature that does any, some, or all of the following to Utah statutes:

(a) amends;

(b) enacts;

(d) repeals and reenacts; or

(e) renumbers and amends.

(2) "Boldface" means the brief descriptive summary of the contents of a statutory section prepared by the Office of Legislative Research and General Counsel that is printed for each title, chapter, part, and section of the Utah Code.

(3) "Concurrent resolution" means a written proposal of the Legislature and Governor, which, to be approved, must be passed by both houses of the Legislature and concurred to by the Governor.

(4) "Constitutional joint resolution" means a joint resolution proposing to amend, enact, or repeal portions of the Utah Constitution which, to be approved for submission to the voters, must be passed by a two-thirds vote of both houses of the Legislature.

(5) "House resolution" means a written proposal of the House of Representatives which, to be approved, must be passed by the House of Representatives.

(6) "Joint resolution" means a written proposal of the Legislature which, to be approved, must be passed by both houses of the Legislature.

(7) "Laws of Utah" means all of the laws currently in effect in Utah.

(8) "Legislation" means bills and resolutions introduced for consideration by the Legislature.

(9) "Request for Legislation" means a formal request from a legislator or interim committee that a bill or resolution be prepared by the Office of Legislative Research and General Counsel.

(10) "Resolution" includes constitutional joint resolutions, other joint resolutions, concurrent resolutions, House resolutions, and Senate resolutions.

(11) "Senate resolution" means a written proposal of the Senate which, to be approved, must be passed by the Senate.

(12) "Statute" means a law that has met the constitutional requirements for enactment.

(13) "Statutory section" means the unique unit of the laws of Utah that is identified by a title, chapter, and section number.

Part 2. Bill Format

JR4-1-201. General Bill Format Requirements.

(1) Each bill shall be typewritten or printed on paper 8-1/2 by 11 inches.

(2) (a) When a bill proposes to enact new law, all of the language proposed to be enacted by the bill shall be underlined.

(b) When a bill proposes to enact a statutory section of new law, all of the language in the entire section must be underlined.

(c) When a bill proposes to repeal an existing statutory section and reenact that statutory section using new language, the new language of the entire section shall be underlined.

(3) When a bill proposes to amend a statutory section without repealing the entire statutory section:

(a) all of the language to be repealed must appear between brackets with the letters struck through; and

(b) all of the new language proposed to be enacted by the bill must be underlined.

(4) When a bill proposes to repeal a statutory section, the statutory sections to be repealed shall be listed in the long title as required by these rules and listed by statutory section number and bold face at the end of the bill before any special clauses.

JR4-1-202. Specific Bill Format Requirements.

(1) Each bill shall contain:

(a) a designation containing the information required by Subsection (2);

(b) a short title, which provides a short common description of the bill;

(d) the phrase "State of Utah";

(e) the sponsor's name, after the heading "Chief Sponsor:";

(f) if the bill is a House bill that has passed third reading in the House, the Senate sponsor's name after the heading "Senate Sponsor:";

(g) if the bill is a Senate bill that has passed third reading in the Senate, the House sponsor's name after the heading "House Sponsor:";

(h) a list of cosponsors who are members of the same house as the chief sponsor, if any;

(i) a long title, which includes:

(i) a brief general description of the subject matter in the bill;

(ii) a list of each section of the Utah Code affected by the bill, which cites by statute number those statutes that the bill proposes be amended, enacted, repealed and reenacted, renumbered and amended, and repealed; and

(iii) for bills that contain an appropriation, the sum proposed to be appropriated by the bill unless the bill is an appropriation bill or supplemental appropriation bill whose single subject is the appropriation of money;

(j) an enacting clause in the following form: "Be it enacted by the Legislature of the state of Utah:"; and

(k) the subject matter, given in one or more sections.

(2) The designation shall be a heading that identifies the bill by its house of introduction and by unique number assigned to it by the Office of Legislative Research and General Counsel and shall be in the following form: "S.B." or "H.B." followed by the number assigned to the bill.

JR4-1-203. Effective Date of Bills.

(1) Unless otherwise directed by the Legislature, a bill becomes effective 60 days after the adjournment of the session at which it passed.

(2) The 60 days begins to run the day after the Legislature adjourns sine die.

Part 3. Resolution Format

JR4-1-301. General Resolution Format Requirements.

(1) Each resolution shall be typewritten or printed on paper 8-1/2 by 11 inches.

(2) Each resolution shall contain:

(a) a designation containing the information required by Subsection (3);

(b) a short title;

(d) the phrase "State of Utah";

(e) the sponsor's name, after the heading "Chief Sponsor:";

(f) if the resolution is a House resolution that has passed third reading in the House, the Senate sponsor's name after the heading "Senate Sponsor:";

(g) if the resolution is a Senate resolution that has passed third reading in the Senate, the House sponsor's name after the heading "House Sponsor:";

(h) a long title, which shall include a list of constitutional sections, legislative rules, or the Utah Supreme Court's Rules of Procedure or Rules of Evidence affected, if applicable;

(i) a resolving clause containing the information required by Subsection (4);

(j) for joint resolutions, concurrent resolutions, Senate resolutions, and House resolutions:

(i) one or more paragraphs that begin with the word "Whereas" that function as the preamble; and

(ii) one or more paragraphs that begin with the words "Be it Resolved" that identify the statement of purpose or policy; and

(k) special clauses including, if necessary, an effective date.

(3) The designation shall be a heading that identifies the resolution by its house of introduction and by unique number assigned to it by the Office of Legislative Research and General Counsel and shall be in the following form:

(a) for constitutional joint resolutions and joint resolutions: "S.J.R." or "H.J.R." followed by the number assigned to the joint resolution;

(b) for concurrent resolutions: "S.C.R." or "H.C.R." followed by the number assigned to the concurrent resolution;

(d) for House resolutions: "H.R." followed by the number assigned to the House resolution.

(4) Each resolution shall contain a resolving clause in one of the following forms:

(a) in a constitutional joint resolution, or in a joint resolution proposing to amend the Utah Supreme Court's Rules of Procedure or Rules of Evidence: "Be it resolved by the Legislature of the state of Utah, with at least two-thirds of all members elected to each of the two houses concurring:";

(b) in a joint resolution: "Be it resolved by the Legislature of the state of Utah:";

(d) in a Senate resolution: "Be it resolved by the Senate of the state of Utah:"; or

(e) in a House resolution: "Be it resolved by the House of Representatives of the state of Utah:".

JR4-1-302. Effective Date of Resolutions.

Unless otherwise directed by the Legislature, a resolution becomes effective on the day that the resolution receives final approval from:

(1) the House of Representatives or the Senate, if it is a single house resolution;

(2) both the House of Representatives and the Senate, if it is a joint resolution;

(3) the House of Representatives, the Senate, and the Governor, if it is a concurrent resolution; or

(4) the House of Representatives, the Senate, and the voters at the next general election, if it is a constitutional joint resolution.

JR4-1-303. Distribution of Resolutions.

(1) (a) Subject to Subsection (2), the Secretary of the Senate shall ensure that Senate Resolutions and Senate Joint Resolutions are distributed as required by the resolution.

(b) Subject to Subsection (2), the Chief Clerk of the House shall ensure that House Resolutions and House Joint Resolutions are distributed as required in the resolution.

(2) If either the House or the Senate, or both, enact a resolution urging action by the United States House of Representatives, the United States Senate, or the United States Congress as a whole, in informing those entities of the action, the resolution may only be sent to:

(a) the Utah congressional delegation;

(b) the Speaker of the United States House of Representatives;

(d) at the request of the legislative sponsor, any member of the appropriate U.S. House or U.S. Senate committee or subcommittee.

Part 4. Amendments in Context

JR4-1-401. Identifying Adopted Amendments in Context.

(1) When a Senate committee or floor amendment is adopted in the Senate, the Senate amendment shall be noted in the legislation with additional spacing and markers indicating the beginning and ending of the adopted Senate amendment.

(2) When a House committee or floor amendment is adopted in the House, the House amendment shall be noted in the legislation with additional spacing and markers indicating the beginning and ending of the adopted House amendment.

(3) (a) Notwithstanding JR4-1-201, and except as provided in Subsection (3)(b), when an additional section from the Utah Code is added to a bill by amendment:

(i) all of the language in the section that is to be repealed must appear between brackets with the letters struck through; and

(ii) all of the new language in the section that is proposed to be enacted by the bill must be underlined.

(b) If the additional section added to the bill by amendment is to be repealed, the text of the repealed section need not be included.

CHAPTER 2. REQUESTING AND INTRODUCING BILLS AND RESOLUTIONS

Part 1. Requesting Bills or Resolutions

JR4-2-101. Requests for Legislation -- Contents -- Timing.

(1) (a) A legislator wishing to introduce a bill or resolution shall file a Request for Legislation with the Office of Legislative Research and General Counsel within the time limits established by this rule.

(b) The request for legislation shall designate:

(i) the chief sponsor, who is knowledgeable about and responsible for providing pertinent information as the legislation is drafted; and

(ii) any supporting legislators from the same house as the chief sponsor who wish to cosponsor the legislation.

(2) (a) Any legislator may file a request for legislation beginning 60 days after the Legislature adjourns its annual general session sine die.

(b) A legislator-elect may file a request for legislation beginning on the November 15 after the annual general election at which the legislator was elected.

(c) (i) If an incumbent legislator does not file to run for reelection or is defeated in a political party convention, primary election, or general election, that legislator may not file any requests for legislation as of that date.

(ii) The Office of Legislative Research and General Counsel shall abandon each request for legislation from the legislator that is pending on that date unless, within 30 days after that date, another member of the Legislature qualified to file a request for legislation assumes sponsorship of the legislation.

(d) (i) If, for any reason, a legislator who filed a request for legislation is unavailable to serve in the next annual general session, the former legislator shall seek another legislator to assume sponsorship of each request for legislation filed by the legislator who is unavailable to serve.

(ii) If the former legislator is unable to find another legislator to sponsor the legislation within 30 days, the Office of Legislative Research and General Counsel shall abandon each pending request for legislation from the legislator who is unavailable to serve.

(3) (a) Except as provided in Subsection (3)(c), a legislator may not file a Request for Legislation with the Office of Legislative Research and General Counsel after noon on the 11th day of the annual general session.

(b) Except as provided in Subsection (3)(c), by noon on the 11th day of the annual general session, each legislator shall, for each Request for Legislation on file with the Office of Legislative Research and General Counsel, either approve the request for numbering or abandon the request.

(c) After the date established by this Subsection (3), a legislator may file a Request for Legislation and automatically approve the legislation for numbering if:

(i) for House legislation, the Representative makes a motion to request a bill or resolution for drafting and introduction and that motion is approved by a constitutional majority of the House; or

(ii) for Senate legislation, the Senator makes a motion to request a bill or resolution for drafting and introduction and that motion is approved by a constitutional majority vote of the Senate.

(4) A legislator wishing to obtain funding for a project, program, or entity, when that funding request does not require that a statute be enacted, repealed, or amended, may not file a Request for Legislation but instead shall file a request for appropriation by following the procedures and requirements of JR4-3-101.

JR4-2-102. Prioritizing Legislation.

(1) Consistent with JR4-2-101 on prefiling of bills, beginning 60 days after each annual general session and ending December 1 of each year, each legislator may make an irrevocable and nontransferable prioritization of up to three bills.

(2) (a) (i) When sufficient drafting information is available, priority bills and interim committee bills shall be drafted first.

(ii) All other bills shall be drafted on a first-in, first-out basis.

(b) Except as otherwise provided in these rules, before numbering any bills, the Office of Legislative Research and General Counsel shall reserve as many bill numbers as necessary to allow all designated priority bills to be the first bills numbered.

JR4-2-103. Legislation -- Sponsorship Requirements.

(1) (a) The legislator who approves the legislation for numbering is the chief sponsor.

(b) The chief sponsor may withdraw sponsorship of the legislation by following the procedures and requirements of Senate Rules or House Rules.

(2) (a) Before or after the bill is introduced, legislators from the same house as the chief sponsor may have their names added to or deleted from the legislation as co-sponsors by following the procedures and requirements of Senate Rules or House Rules.

(b) Except as provided in Subsection (3), only legislators who are members of the same house as the chief sponsor may co-sponsor legislation.

(3) Before the Secretary of the Senate or the Chief Clerk of the House may transfer legislation to the opposite house, the chief sponsor shall:

(a) designate a member of the opposite house as sponsor of the legislation for that house; and

(b) provide the Secretary or Chief Clerk with the name of that sponsor for designation on the legislation.

Part 2. Substitute and Replacement Bills or Resolutions

JR4-2-201. Definitions.

As used in this part:

(1) "Committee substitute" means a substitute bill or resolution that is prepared for introduction in a Senate or House standing committee.

(2) "Floor substitute" means a substitute bill or resolution that is prepared for introduction on the Senate or House floor.

(3) (a) "Germane" means that the substitute is relevant, appropriate, and in a natural and logical sequence to the subject matter of the original legislation.

(b) "Germane" includes a substitute that changes the effect or is in conflict with the spirit of the original legislation if the substance of the substitute can be encompassed within the short title of the underlying bill.

(4) "Replacement legislation" means a bill, resolution, or substitute that replaces the original because of a technical error.

(5) "Substitute" means a new bill or resolution that:

(a) replaces the old bill or resolution in title and body; and

(b) is germane to the subject of the original bill or resolution.

JR4-2-202. Substitute Bills or Resolutions.

(1) (a) By following the procedures and requirements of Senate or House rule, a legislator may propose a committee substitute to any Senate or House legislation that is under consideration by a committee of which the legislator is a member.

(b) By following the procedures and requirements of Senate or House rule, a legislator may propose a floor substitute to any Senate or House legislation that is under consideration by the house of which the legislator is a member.

(2) To initiate drafting of a substitute, a legislator shall give drafting instructions to the attorney who drafted the legislation.

(3) After the substitute sponsor has approved the substitute, the Office of Legislative Research and General Counsel shall:

(a) electronically set the line numbers of the substitute; and

(b) distribute the substitute according to the sponsor's instructions.

JR4-2-203. Replacement Bills or Resolutions.

(1) If the Legislative General Counsel determines that a numbered bill or resolution contains a technical error, the Office of Legislative Research and General Counsel may prepare and submit a replacement bill or resolution that corrects the error.

(2) A sponsor may not file, and legislative staff may not create, replacement legislation if:

(a) the original legislation has been approved by the sponsor;

(b) the legislation has been numbered; and

(3) Nothing in this rule prohibits a sponsor from preparing amendments to the original legislation or one or more substitutes of the original legislation and proposing their adoption by a committee or by either house of which the legislator is a member.

JR4-2-204. Substitute Bills and Amendments to Bills Must Be Germane.

A bill may not be amended or substituted unless the changes are germane to the purpose of the original bill.

Part 3. Drafting and Approval of Legislation by Office of

Legislative Research and General Counsel

JR4-2-301. Drafting and Sponsor Approval of Legislation.

(1) After receiving a Request for Legislation, the Office of Legislative Research and General Counsel shall:

(a) review the request and any accompanying draft; and

(b) draft the legislation for approval by the sponsor.

(2) In drafting the legislation, the Office of Legislative Research and General Counsel shall, when applicable:

(a) ensure that the legislation is in proper legal form;

(b) remove any ambiguities;

(d) correct technical errors as provided in Utah Code Section 36-12-12.

(3) (a) Any Request for Legislation filed directly with the Office of Legislative Research and General Counsel, with a complete accompanying draft, shall be reviewed and approved by the Office of Legislative Research and General Counsel within three legislative days.

(b) This three day deadline may be extended if the Director of the Office of Legislative Research and General Counsel requests it and states the reasons for the delay.

(4) When the Office of Legislative Research and General Counsel has completed the legislation, the office shall:

(a) send the legislation to the chief sponsor for review and approval; and

(b) after the chief sponsor approves the legislation, number and distribute the legislation as provided in JR4-2-503.

Part 4. Committee Notes, Fiscal Notes, Legislative Review Notes,

and Attorney Approval Notes

JR4-2-401. Committee Notes.

(1) As used in this rule:

(a) "Legislative committee" means a committee, commission, task force, or other policy or advisory body that is created by statute, legislation, or by the Legislative Management Committee and that is composed exclusively of legislators.

(b) (i) "Legislative committee" does not mean a standing committee.

(ii) Notwithstanding Subsection (1)(b)(i), "Legislative committee" includes each Rules Committee.

(i) created by statute, legislation, or by the Legislative Management Committee;

(ii) composed of legislator members and nonlegislative members; and

(iii) staffed by the Office of Legislative Research and General Counsel or the Office of the Legislative Fiscal Analyst.

(2) The Office of Legislative Research and General Counsel shall:

(a) note on any legislation reviewed by a legislative committee that the committee recommends the legislation or has voted the legislation out without recommendation;

(b) note on any legislation reviewed by a mixed committee:

(i) the number of legislators and nonlegislators on the mixed committee;

(ii) the number of legislators who voted for and against recommending the legislation; and

(iii) that the committee recommends the legislation or has voted the legislation out without recommendation; and

JR4-2-402. Legislative Review Notes.

(1) The Legislative General Counsel shall place a legislative review note on the legislation.

(2) If an amendment or substitute to legislation appears to substantively change the legislation's constitutionality, any legislator may request an amended legislative review note by making a motion in a standing committee or on the floor requesting that an amended legislative review note be prepared.

(3) If the motion is approved by a majority vote, the rules committee of the chamber where the request was made shall review the request and may either:

(a) request that the Legislative General Counsel prepare an amended legislative review note; or

(b) if the rules committee determines that no amended legislative review note is necessary, refer the legislation back to the standing committee or the floor.

(4) Once the rules committee has decided the question, a motion for an amended legislative review note is out of order unless the legislation is subsequently amended or another substitute is filed.

(5) (a) If an amended legislative review note is requested by the rules committee, when the amended note is complete, the rules committee shall refer the legislation back to its originating standing committee or give the legislation priority for floor action in preparing the calendar.

(b) The amended legislative review note shall be made available to legislators in hard copy or electronically.

(6) The legislative review note is not an official part of the legislation.

JR4-2-403. Fiscal Notes.

(1) (a) (i) When the Legislative Fiscal Analyst receives the electronic copy of the approved legislation from the Office of Legislative Research and General Counsel, that office shall, within three legislative days:

(A) review and analyze the legislation to determine its fiscal impact; and

(B) provide a fiscal note to the sponsor of the legislation.

(ii) The three day deadline for the preparation of the fiscal note may be extended if the Legislative Fiscal Analyst requests it, states the reasons for the delay, and informs the sponsor of the legislation of the delay.

(b) If the Legislative Fiscal Analyst determines that the legislation has no fiscal impact, the Legislative Fiscal Analyst may release the fiscal note immediately after the sponsor has received a copy of the fiscal note.

(i) approve the release of the fiscal note;

(ii) direct that the fiscal note be held; or

(iii) if the sponsor disagrees with the fiscal note, contact the Legislative Fiscal Analyst to discuss that disagreement and provide evidence, data, or other information to support a revised fiscal note.

(d) If the sponsor does not contact the Legislative Fiscal Analyst with instructions about the fiscal note within one 24 hour legislative day, the Legislative Fiscal Analyst shall release the fiscal note.

(e) The Legislative Fiscal Analyst shall make the final determination on the fiscal note.

(f) The fiscal note shall be printed with the legislation.

(2) If an amendment or a substitute to legislation appears to substantively change the fiscal impact of the legislation, the Legislative Fiscal Analyst shall prepare an amended fiscal note for the legislation.

(3) The fiscal note is not an official part of the legislation.

Part 5. Numbering, Distribution, and Printing of Bills and Resolutions

JR4-2-501. Numbering and Distributing Bills and Resolutions.

After receiving approval from the sponsor under JR4-2-301, the Office of Legislative Research and General Counsel shall:

(1) proofread the legislation and perform other quality control measures;

(2) indicate on the first page of the legislation that the drafting attorney has approved the legislation for filing;

(3) place a committee or task force note on the legislation if required by JR4-2-401;

(4) place a legislative review note on the legislation, if one is required by JR4-2-402;

(5) assign a number to the legislation to appear after the designation required by JR4-1-202 and JR4-1-301;

(6) electronically set the legislation's line numbers; and

(7) distribute an electronic copy of the legislation as required by JR4-2-503.

JR4-2-502. Reservation of Bill Numbers.

(1) In annual general legislative sessions occurring in odd-numbered years:

(a) House Bill 1 is reserved for the State Agency and Higher Education Base Budget bill and Senate Bill 1 is reserved for the Minimum School Program Base Budget Amendments bill;

(b) House Bill 2 is reserved for the Minimum School Program Budget Amendments bill and Senate Bill 2 is reserved for the New Fiscal Year Supplemental Appropriations Act; and

(c) House Bill 3 is reserved for the Current Fiscal Year Supplemental Appropriations bill, and Senate Bill 3 is reserved for the Appropriations Adjustments bill.

(2) In annual general legislative sessions occurring in even-numbered years:

(a) House Bill 1 is reserved for the Minimum School Program Base Budget Amendments bill and Senate Bill 1 is reserved for the State Agency and Higher Education Base Budget bill;

(b) House Bill 2 is reserved for the New Fiscal Year Supplemental Appropriations Act and Senate Bill 2 is reserved for the Minimum School Program Budget Amendments bill; and

(c) House Bill 3 is reserved for the Appropriations Adjustments bill, and Senate Bill 3 is reserved for the Current Fiscal Year Supplemental Appropriations bill.

(3) In each annual general legislative session, House Bills 4 through 9 and Senate Bills 4 through 9 are reserved for other appropriations and funding bills.

JR4-2-503. Distribution of Bills and Resolutions and Preparation for Introduction.

(1) After the Office of Legislative Research and General Counsel has numbered a piece of legislation, the office shall:

(a) provide an electronic copy of the legislation to the Office of Legislative Printing and the Office of the Legislative Fiscal Analyst;

(b) post a copy on the Internet; and

(2) After receiving a copy of the numbered bill from Legislative Printing, the docket clerk shall:

(a) create the official backed copy of the legislation; and

(b) notify the Secretary of the Senate or the Chief Clerk of the House that the legislation is ready for introduction.

JR4-2-504. Printing Bills and Resolutions.

(1) As provided in Senate or House Rules, legislation may be ordered printed in the number of copies considered necessary.

(2) A sponsor may have copies of his legislation printed in the quantity that the sponsor considers necessary.

(3) As provided in Senate or House Rules, legislation may be printed before receiving a committee note or fiscal note.

CHAPTER 3. REQUESTING APPROPRIATIONS

Part 1. Requesting Appropriations

JR4-3-101. Request for Appropriation.

(1) A legislator wishing to obtain funding for a project, program, or entity that has not previously been funded, or to obtain additional or separate funding for a project, program, or entity, shall file a Request for Appropriation with the Office of Legislative Fiscal Analyst.

(2) (a) Except as provided in Subsection (2)(b), a legislator may not file a Request for Appropriation with the Office of Legislative Fiscal Analyst after noon on the 11th day of the annual general session.

(b) After the date established by this Subsection (2), a legislator may file a Request for Appropriation if:

(i) for a request by a House member, the Representative makes a motion to file a Request for Appropriation and that motion is approved by a constitutional majority of the House; or

(ii) for a request by a Senator, the Senator makes a motion to file a Request for Appropriation and that motion is approved by a constitutional majority vote of the Senate.

(3) The request shall designate:

(a) the project, program, or entity to be funded;

(b) the source for the funding;

(c) the chief sponsor, who is knowledgeable about and responsible for providing pertinent information as the appropriation is processed;

(d) supporting legislators, if any, who wish to cosponsor the appropriation; and

(e) the appropriation subcommittee to which the sponsor wishes the request to be assigned, if any.

Part 2. Disposition of Requests for Appropriation

JR4-3-201. Review and Action on Requests for Appropriation.

(1) (a) The Legislative Fiscal Analyst shall review each Request for Appropriation.

(b) If the request requires that a statute be enacted, amended, or repealed, the Legislative Fiscal Analyst shall immediately transfer the request to the Office of Legislative Research and General Counsel as a Request for Legislation.

(c) If the request does not require that a statute be enacted, amended, or repealed, the Legislative Fiscal Analyst shall number and title the request and refer the request to:

(i) the House chair of the Executive Appropriations Committee, if the sponsor is a House member; or

(ii) the Senate chair of the Executive Appropriations Committee, if the sponsor is a Senate member.

(2) The House or Senate chair of the Executive Appropriations Committee shall refer the request to the appropriate joint appropriations subcommittee.

(3) Each joint appropriations subcommittee that receives a Request for Appropriation shall:

(a) allow the sponsor to present and discuss the request with the subcommittee;

(b) discuss the request; and

(i) include all or part of the requested appropriation in the budget recommendation made by the subcommittee to the Executive Appropriations Committee;

(ii) reject the request; or

(iii) recommend to the Executive Appropriations Committee that all or part of the requested appropriation be placed on a funding prioritization list as may be established by the Executive Appropriations Committee.

CHAPTER 4. INTRODUCTION AND CONSIDERATION OF LEGISLATION

Part 1. Introduction and Consideration of Legislation

JR4-4-101. Introduction of Legislation.

(1) The Secretary of the Senate or Chief Clerk of the House shall inform the presiding officer about legislation ready for introduction.

(2) When directed to do so by the presiding officer, the reading clerk shall introduce the legislation by reading its number and short title, which constitutes the legislation's first reading.

JR4-4-102. Reference of Legislation.

(1) During an annual general or special session of the Legislature, after a piece of legislation has been introduced and read for the first time, it shall be referred to a committee or to the floor as provided in Senate or House Rules.

(2) The Secretary of the Senate and the Chief Clerk of the House or their designees shall deliver all legislation assigned to a committee to the chair of that committee or to that chair's designee.

JR4-4-103. Committee Responsibilities.

(1) Each standing committee shall:

(a) examine legislation referred to it;

(b) amend or substitute the legislation if necessary; and

(2) If legislation is referred to an interim committee, the interim committee may examine and recommend to the sponsor any changes to it that the committee considers necessary.

JR4-4-104. Floor Action.

According to the procedures and requirements of Senate Rules and House Rules, each house shall consider legislation that is referred to it by a committee or that is otherwise in its possession.

JR4-4-105. Calendaring Legislation -- Preference for Legislation of Other Chamber.

During the third and fourth days of each week:

(1) the Senate shall consider House legislation appearing on the Senate calendar; and

(2) the House shall consider Senate legislation appearing on the House calendar.

JR4-4-106. Notice to Other Chamber that Legislation has Failed.

(1) When a piece of legislation that passed the Senate is rejected by the House, the Chief Clerk of the House of Representatives shall transmit notice of the rejection to the Senate.

(2) When a piece of legislation that passed the House is rejected by the Senate, the Secretary of the Senate shall transmit notice of the rejection to the House.

JR4-4-107. Legislation Transmitted to Other House.

(1) The Secretary of the Senate or Chief Clerk of the House shall:

(a) transmit notice of passage on third reading to the other house;

(b) comply with the requirements of Subsection (2) if necessary; and

(2) The Secretary of the Senate or Chief Clerk of the House shall, before transmitting a piece of legislation to the other house, ensure that, if the legislation passed with amendments or was substituted, the amendments or substitute are:

(a) retyped or reprinted in the typeface and on the color paper designated for each house; and

(b) transmitted with the legislation.

JR4-4-108. Consideration and Action on Amendments to Legislation Made in the Other Chamber.

(1) (a) If the Senate amends and passes, or substitutes and passes, a piece of House legislation, the House must either "concur" or "refuse to concur" in the amendments or substitute.

(b) (i) If the House concurs, the legislation shall be voted on for final passage in the House.

(ii) If the legislation passes, the Chief Clerk of the House shall notify the Senate, obtain the signatures required by JR4-6-1031, and send the legislation to the Office of Legislative Research and General Counsel for enrolling.

(c) If the House refuses to concur in the Senate amendments or substitute to a piece of House legislation, the Chief Clerk of the House and the House shall follow the procedures and requirements of JR3-2, Part 6, Conference Committees.

(2) (a) If the House amends and passes, or substitutes and passes, a piece of Senate legislation, the Senate must either "concur" or "refuse to concur" in the amendments or substitute.

(b) (i) If the Senate concurs, the legislation shall be voted on for final passage in the Senate.

(ii) If the legislation passes, the Secretary of the Senate shall notify the House, obtain the signatures required by JR4-6-101, and send the legislation to the Office of Legislative Research and General Counsel for enrolling.

(c) If the Senate refuses to concur in the House amendments or substitute to a piece of Senate legislation, the Secretary of the Senate and the Senate shall follow the procedures and requirements of JR3-2, Part 6, Conference Committees.

JR4-4-109. Striking the Enacting Clause.

(1) (a) (i) Either house may strike the enacting clause on any piece of legislation by following the procedures and requirements of Subsection (1)(a)(ii).

(ii) To strike an enacting clause, a legislator shall make a motion on the floor to strike the enacting clause and a majority of the members of that house must approve the motion.

(b) If the enacting clause of a piece of legislation is struck:

(i) the action conclusively defeats the legislation; and

(ii) a motion to reconsider the action is out of order.

(2) The enacting clause of each piece of legislation that has not passed the Legislature before adjournment sine die of an annual general session or a special session is automatically stricken.

Part 2. Transmitting and Recording Receipt of Legislation and Notices from Other House

JR4-4-201. Transmittal Letters.

The Secretary of the Senate or the Chief Clerk of the House of Representatives shall:

(1) attach a transmittal letter signed by the Secretary or Clerk to each piece of legislation to be transmitted to the opposite house; and

(2) ensure that the piece of legislation, with its transmittal letter, is sent to the opposite house.

JR4-4-202. Memorializing Formal Receipt of Legislation from Other House.

(1) (a) Upon receipt of a transmittal letter from the Senate, the Chief Clerk of the House of Representatives or the Clerk's designee shall sign a receipt recording the House's receipt of the legislation.

(b) Once the receipt is signed, the legislation is in the possession of the House.

(2) (a) Upon receipt of a transmittal letter from the House, the Secretary of the Senate or the Secretary's designee shall sign a receipt recording the Senate's receipt of the legislation.

(b) Once the receipt is signed, the legislation is in the possession of the Senate.

JR4-4-203. Possession of a Bill -- Process for Obtaining the Return of Legislation Sent to the Other House.

(1) A piece of legislation is in the possession of the house in which it has been receipted.

(2) A piece of legislation in the possession of one house may be returned to the other house only when:

(a) the house having possession of the legislation receives a written request from the opposite house requesting return of the legislation; and

(b) a majority of the house having possession of the legislation votes to return the legislation to the opposite house.

CHAPTER 5. DEADLINES FOR PASSAGE OF CERTAIN BILLS

Part 1. Bills Containing Fiscal Notes

JR4-5-101. Deadline for Passing Certain Fiscal Note Bills.

(1) (a) The House shall refer any Senate bill with a fiscal note of $10,000 or more to the House Rules Committee before giving that bill a third reading.

(b) The Senate shall table on third reading each House bill with a fiscal note of $10,000 or more.

(2) (a) Before adjourning on the 33rd day of the annual general session, each legislator shall prioritize fiscal note bills and identify other projects or programs for new or one-time funding according to the process established by leadership.

(b) Before adjourning on the 40th day of the annual general session, the Legislature shall either pass or defeat each bill with a fiscal note of $10,000 or more except constitutional amendment resolutions.

Part 2. Appropriation Bills

JR4-5-201. Deadline for Passing Base Budget Bills.

(1) Each legislator shall receive a copy of each base budget bill for the next fiscal year by calendared floor time on the first day of the annual general session.

(2) By noon on the tenth day, but not before the third day, of the annual general session, the Legislature shall either pass or defeat each base budget bill.

JR4-5-202. Deadline for Passing Certain Appropriations Bills and School Finance Bills.

(1) Each legislator shall receive a copy of any General Appropriations bills, any Supplemental Appropriations bills, and any School Finance bills by calendared floor time on the 43rd day of the annual general session.

(2) Before the calendared closing time of the 43rd day of the annual general session, the Legislature shall either pass or defeat those General Appropriations bills, Supplemental Appropriations bills, and School Finance bills.

JR4-5-203. Deadline for Passing the Final Appropriations Bill.

(1) Each legislator shall receive a copy of the final appropriations bill by calendared floor time on the 45th day of the annual general session.

(2) By noon on the 45th day of the annual general session, the Legislature shall either pass or defeat the final appropriations bill.

Part 3. Bond Bills

JR4-5-301. Deadline for Passing Bond Bills.

(1) Each legislator shall receive a copy of any bond bill by noon on the 40th day of the annual general session.

(2) Before the calendared closing time of the 40th day of the annual general session, the Legislature shall either pass or defeat each bond bill.

CHAPTER 6. DISPOSITION OF LEGISLATION AFTER PASSAGE

Part 1. Certifying and Enrolling the Legislation

JR4-6-101. Certification and Signature.

(1) (a) When a piece of Senate legislation has passed both houses, the Secretary of the Senate shall certify its final passage by identifying:

(i) the date that the legislation passed the Senate;

(ii) the number of Senators voting for and against the legislation;

(iii) the number of Senators absent for the vote;

(iv) the date that the legislation passed the House;

(v) the number of Representatives voting for and against the legislation; and

(vi) the number of Representatives absent for the vote.

(b) When a piece of House legislation has passed both houses, the Chief Clerk of the House shall certify its final passage by identifying:

(i) the date that the legislation passed the House;

(ii) the number of Representatives voting for and against the legislation;

(iii) the number of Representatives absent for the vote;

(iv) the date that the legislation passed the Senate;

(v) the number of Senators voting for and against the legislation; and

(vi) the number of Senators absent for the vote.

(2) (a) Except as provided in Subsection (2)(b), within one legislative day of final passage, each piece of legislation shall be signed:

(i) first by the presiding officer of the house in which it was last voted upon; and

(ii) second, by the presiding officer of the other house.

(b) Within five days following the adjournment sine die of a legislative session, each piece of legislation passed on the final day of that legislative session shall be signed:

(i) first by the presiding officer of the house in which it was last voted upon; and

(ii) second, by the presiding officer of the other house.

(c) Unless the session has adjourned sine die, the Secretary of the Senate or Chief Clerk of the House shall note in the journal that the legislation was signed by the presiding officer.

JR4-6-102. Enrollment and Transmittal of Legislation to the Governor.

(1) (a) After a piece of legislation that has passed both houses has been signed by the presiding officers, the Secretary or Chief Clerk shall deliver it to the Office of Legislative Research and General Counsel.

(b) The Office of Legislative Research and General Counsel shall:

(i) examine and enroll the legislation;

(ii) correct any technical errors as provided by Utah Code Section 36-12-12; and

(iii) transmit a copy of the enrolled legislation to:

(A) the Secretary of the Senate for legislation originating in the Senate; and

(B) the Chief Clerk of the House for legislation originating in the House.

(2) When enrolling the legislation, the Office of Legislative Research and General Counsel shall:

(a) include the name of the House floor sponsor for Senate legislation under the heading "House Sponsor:"; or

(b) include the name of the Senate floor sponsor for House legislation under the heading "Senate Sponsor:".

(3) The Secretary of the Senate or Chief Clerk of the House shall:

(a) certify each enrolled piece of legislation;

(b) ensure that a copy of the enrolled legislation is:

(i) transmitted to the Governor;

(ii) filed with the Secretary or Chief Clerk;

(iii) transmitted to the chief sponsor upon request; and

(iv) transmitted to the Office of Legislative Printing.

JR4-6-103. Legislative General Counsel to Correct Certain Technical Errors.

The Legislative General Counsel may correct technical errors in the code in preparing the database for publication.

Part 2. Recalling Legislation After Passage

JR4-6-201. Recalling Legislation Before It is Signed by the Speaker and President.

Legislation in the possession of the other house or the Office of Legislative Research and General Counsel may be recalled by a motion and a constitutional majority vote from the members of both houses.

JR4-6-202. Recalling Legislation from the Governor.

When a bill has passed both houses of the Legislature, been signed by the presiding officers, been enrolled, and has been sent to the Governor for his approval, it can be recalled only if:

(1) a joint resolution requesting that the Governor return the legislation is passed by a constitutional majority vote of both houses; and

(2) the Governor elects to return it.

TITLE 5. LEGISLATIVE EXPENSE AND MILEAGE REIMBURSEMENT

CHAPTER 1. GENERAL PROVISIONS

JR5-1-101. Definitions.

As used in this title:

(1) "Authorized legislative meeting" means:

(a) special sessions;

(b) veto override sessions;

(d) management committee and subcommittee meetings;

(e) executive appropriation and subcommittee meetings; and

(f) the meetings of any other body where legislative participation is required by law or authorized by the Legislative Management Committee.

(2) "Mileage" means the mileage reimbursement allowance approved by the Division of Finance for state employees.

JR5-1-102. Legislative Expenses Oversight Committee.

(1) The presiding officer and the majority leader and minority leader of each house are the Legislative Expenses Oversight Committee for that house.

(2) Each committee shall:

(a) establish procedures to implement the rules on legislative expenses, including establishing vouchering systems and procedures for the disbursement of legislative expenses; and

(b) meet at least annually, or at the request of a majority of the committee, to review legislative expenses and travel budgets.

(3) The presiding officer may authorize temporary emergency legislative expenses.

CHAPTER 2. EXPENSE AND MILEAGE REIMBURSEMENT DURING

ANNUAL GENERAL SESSION

JR5-2-101. Lodging, Meals, and Incidental Expenses While in Annual General Session.

(1) This rule governs legislative expenses for lodging, meals, and incidental expenses incurred when the Legislature is in annual general session.

(2) Each legislator shall receive an expense allowance equal to the sum of the federal lodging per diem rate for Salt Lake City and the federal meals and incidental expenses per diem rate for Salt Lake City.

JR5-2-102. Transportation Cost Reimbursement While in Annual General Session.

(1) This rule governs transportation costs incurred by legislators when the Legislature is in annual general session.

(2) (a) Each legislator shall receive transportation costs to and from the session.

(b) These costs shall be computed on the basis of actual mileage for private automobile use or the actual cost of alternative commercial transportation.

CHAPTER 3. EXPENSE AND MILEAGE REIMBURSEMENT FOR AUTHORIZED

LEGISLATIVE MEETINGS, SPECIAL SESSIONS,

AND VETO OVERRIDE SESSIONS

JR5-3-101. Meals and Incidental Expense Reimbursement for Authorized Legislative Meetings, Special Sessions, and Veto Override Sessions.

(1) This rule governs reimbursement for meals and incidental expenses for legislator attendance at authorized legislative meetings when the Legislature is not in annual general session.

(2) For each day that a legislator attends an authorized legislative meeting, the legislator shall receive a meals and incidental expenses per diem equal to the federal meals and incidental expenses per diem rate for Salt Lake City.

(3) The Legislative Expenses Oversight Committee established in JR5-1-102 shall ensure that legislators do not receive duplicate or improper reimbursements.

JR5-3-102. Lodging Expense Reimbursement for Authorized Legislative Meetings, Special Sessions, and Veto Override Sessions.

(1) This rule governs reimbursement for lodging expenses for legislator attendance at authorized legislative meetings when the Legislature is not in annual general session.

(2) If attendance at an authorized legislative committee meeting necessitates overnight accommodations, legislators shall receive reimbursement for actual lodging expenses up to the federal lodging per diem rate for Salt Lake City.

(3) The Legislative Expenses Oversight Committee established in JR5-1-102 shall ensure that legislators do not receive duplicate or improper reimbursements.

JR5-3-103. Travel Expense Reimbursement for Authorized Legislative Meetings, Special Sessions, and Veto Override Sessions.

(1) This rule governs reimbursement for travel expenses for legislator attendance at authorized legislative meetings when the Legislature is not in annual general session.

(2) (a) Each legislator shall receive transportation costs to and from the authorized legislative committee meeting.

(b) Transportation costs shall be computed on the basis of actual mileage for private automobile use or the actual cost of alternative commercial transportation.

(3) The Legislative Expenses Oversight Committee established in JR5-1-102 shall ensure that legislators do not receive duplicate or improper reimbursements.

CHAPTER 4. OUT-OF-STATE TRAVEL

JR5-4-101. Reimbursement for Costs of Out-of-State Travel.

The following rules govern reimbursement for out-of-state travel by legislators:

(1) (a) Subject to Subsections (1)(b) and (1)(c), legislators shall receive reimbursement for all approved actual and necessary expenses.

(b) The presiding officer, the majority leader, and the minority leader shall meet annually to establish a policy governing out-of-state travel, including the process for them to approve out of state travel and approve reimbursement of expenses for that travel as required under Utah Code Section 36-12-17.

(c) If a legislator elects to travel to an out-of-state destination by private automobile, the legislator shall receive actual mileage or the actual cost of alternative commercial transportation, whichever is less.

(2) Each legislator shall provide supporting documentation for each expense for which the legislator seeks reimbursement.

TITLE 6. LEGISLATIVE ETHICS AND ADJUDICATION OF ETHICS COMPLAINTS

CHAPTER 1. ETHICS REQUIREMENTS GOVERNING LEGISLATORS

Part 1. Ethical Standards for Legislators

JR6-1-101. Legislative Ethics.

(1) The Utah Legislature consists of people who work part-time and must necessarily earn their living in other jobs and professions.

(2) It is necessary to reconcile the functions of privately employed legislators who have their own private interests with the maintenance of high ethical standards and public confidence.

(3) In seeking to balance these interests, it is necessary to avoid controls that might be so strict that they discourage capable and honorable persons from entering legislative service.

(4) It is recognized that public confidence in the Legislature should be promoted and that competent members should serve in the Legislature even though most of them have private interests of various types.

(5) It is also recognized that a citizen legislator is in a different position in doing business with the state and its political subdivisions than a public servant whose chief source of livelihood is derived from public funds.

JR6-1-102. Code of Official Conduct.

(1) Each legislator shall comply with the guidelines established in Subsection (2).

(2) In judging members of its house charged with an ethical violation, the Senate and House Ethics Committees shall consider whether or not the member has violated any of the following guidelines:

(a) Members of the Senate and House shall not engage in any employment or other activity that would destroy or impair their independence of judgment.

(b) Members of the Senate and House shall not be paid by a person, as defined in JR6-1-202, to lobby, consult, or to further the interests of any legislation or legislative matter.

(d) Members of the Senate and House shall not engage in any activity that would be an abuse of official position or a violation of trust.

(e) Members of the Senate and House may engage in business or professional activity in competition with others, but shall not use any information obtained by reason of their official position to gain advantage over any competition for activities with the state and its political subdivisions.

(f) Members of the Senate and House shall not engage in any business relationship or activity that would require the disclosure of confidential information obtained because of their official position.

(g) Members of the Senate and House shall not use their official position to secure privileges for themselves or others.

(h) While in session, members of the Senate and House shall disclose any conflict of interest on any legislation or legislative matter as provided in JR6-1-201.

(i) Members of the Senate and House may accept small gifts, awards, or contributions if these favors do not influence them in the discharge of official duties.

(j) Except as provided in Subsection (3), members of the Senate and the House may engage in business or professional activities with the state or its political subdivisions if the activities are entered into under the same conditions and in the same manner applicable to any private citizen or company engaged in similar activities.

(k) Legislators may enter into transactions with the state by contract by following the procedures and requirements of Title 63, Chapter 56, Utah Procurement Code.

(3) (a) As also required by Section 36-19-1, a legislator, member of the legislator's household, or client may not be a party to or have an interest in the profits or benefits of a state contract when the state contract is the direct result of a bill sponsored by the legislator, unless the contract is let in compliance with state procurement policies and is open to the general public.

(b) Besides the penalties authorized by these rules, Section 36-19-1 also provides that any person violating this section is guilty of a class B misdemeanor.

Part 2. Conflicts of Interest

JR6-1-201. Declaring and Recording Conflicts of Interest.

(1) As used in this section:

(a) (i) "Business in which the legislator is associated" means any business in which a legislator is a director, officer, owner, member, partner, employee, or is a holder of stocks or bonds in the company that have a fair market value of $10,000 or more.

(ii) "Business in which the legislator is associated" does not include business associations by members of the legislator's immediate family.

(b) "Conflict of interest" means legislation or action by a legislator that the legislator reasonably believes may cause direct financial benefit or detriment to him, a member of the legislator's immediate family, or a business in which the legislator is associated, and that benefit or detriment is distinguishable from the effects of that action on the public or on the legislator's profession, occupation, or association generally.

(2) (a) (i) A legislator shall file a Declaration of Conflict of Interest form with the Secretary of the Senate if the legislator is a Senator, or with the Chief Clerk of the House of Representatives if the legislator is a Representative, to satisfy that legislator's disclosure of any conflicts of interest as required by Subsection (1) and Utah Code Section 76-8-109.

(ii) The legislator shall file the form when:

(A) the legislator takes the oath of office; and

(B) the legislator changes employment.

(b) This Declaration of Conflict of Interest form shall include:

(i) the businesses in which the legislator is associated; and

(ii) the general legislative subject areas in which the legislator may have a conflict of interest.

(3) (a) Before or during any vote on legislation or any legislative matter in which a legislator has actual knowledge that he has a conflict of interest which is not stated on the conflict of interest form, that legislator shall orally declare to the committee or body before which the matter is pending that the legislator may have a conflict of interest and what that conflict is.

(b) The Secretary of the Senate or the Chief Clerk shall:

(i) direct committee secretaries to note the declaration of conflict of interest in the minutes of any committee meeting; and

(ii) ensure that each declaration of conflict declared on the floor is noted in the Senate Journal or House Journal.

(4) This requirement of disclosure of any conflict of interest does not prohibit a legislator from voting on any legislation or legislative matter.

JR6-1-202. Disclosure of Outside Remuneration.

(1) As used in this section:

(a) "Person" includes an individual, partnership, association, organization, company, and bodies politic and corporate or a lobbyist from any of these.

(b) "Person" does not include a person who provides the legislator's primary source of income.

(2) If any person provides remuneration to a legislator to compensate that legislator for a loss of salary or income while the Legislature is in session, that legislator shall file a written disclosure identifying:

(a) that the legislator receives remuneration; and

(b) the name of the person who provides the remuneration.

(3) (a) The legislator shall file the disclosure by February 1 of each year with:

(i) the Secretary of the Senate, if the legislator is a Senator; or

(ii) the Chief Clerk of the House of Representatives, if the legislator is a Representative.

(b) This disclosure is available to the public.

CHAPTER 2. HOUSE AND SENATE ETHICS COMMITTEES

Part 1. Membership, Meetings, and Staff

JR6-2-101. Ethics Committees -- Membership -- Jurisdiction.

(1) There is established a Senate Ethics Committee and a House Ethics Committee.

(2) The Senate Ethics Committee shall be composed of:

(a) the chair and three additional members appointed by the President of the Senate; and

(b) the cochair and three additional members appointed by the Senate minority leader.

(3) The House Ethics Committee shall be composed of:

(a) the chair and three additional members appointed by the Speaker of the House of Representatives; and

(b) the cochair and three additional members appointed by the House minority leader.

(4) Members of the committees shall serve two year terms.

(5) If a complaint is filed against any member of the respective ethics committees, the President of the Senate or the Speaker of the House shall appoint another member of the Senate or House to serve in that member's place while the complaint is under review.

JR6-2-102. Ethics Committee -- Meetings and Staff.

(1) The Senate and House Ethics Committees shall operate as both standing and interim committees.

(2) The committees shall meet as necessary, either as called at the discretion of the chair or by a majority vote of the committee.

(3) A majority of the committee is a quorum.

(4) The staff of the committees consists of:

(a) the director of the Office of Legislative Research and General Counsel;

(b) the Legislative General Counsel; and

Part 2. Jurisdiction and Powers of Ethics Committee

JR6-2-201. Ethics Committee -- Jurisdiction.

The Senate Ethics Committee and House Ethics Committee shall review and adjudicate any charges brought against a member of the Senate or House for acts that violate:

(1) the Code of Official Conduct; or

(2) any law, rule, regulation, or other standard of conduct applicable to the conduct of a member of the Senate or House in the performance of legislative responsibilities, if the conduct would reflect discredit upon the Senate or House as a whole.

JR6-2-202. Powers -- Subpoena -- Contempt.

(1) In hearing and processing all complaints, the rules established by this Title 6 govern the procedures to be followed by the Senate and House Ethics Committees.

(2) (a) For all proceedings authorized by this title, the chair and the Director of the Office of Legislative Research and General Counsel may require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of any materials that the committee considers necessary.

(b) The committee chair may direct staff to:

(i) issue subpoenas to require the attendance of witnesses;

(ii) issue subpoenas to direct the production of evidence; or

(iii) issue subpoenas that require both attendance and production of evidence.

(3) (a) (i) The witness's disobedience to the chair's direction to answer a question, to a subpoena to appear, to a subpoena to produce evidence, or to a subpoena that requires both attendance and production of evidence, constitutes contempt.

(ii) The chair's direction to answer a question may only be overruled by a vote of the majority of the committee members present.

(iii) Because the object of the Fifth Amendment privilege not to incriminate oneself is so that no criminal action will be prosecuted, it is improper for a witness to invoke the Fifth Amendment privilege if the witness cannot be prosecuted for the crime to which the witness's testimony relates.

(b) A majority of the members of the committee may compel obedience to the requirements of the committee by directing staff to file a contempt proceeding in state district court against any person who:

(i) fails to comply with a subpoena or a subpoena duces tecum;

(ii) refuses to answer a question relevant to the investigation that does not infringe on the person's constitutional rights; or

(iii) is guilty of contempt on any other grounds specified in statute or recognized at common law.

CHAPTER 3. FILING COMPLAINTS ALLEGING A VIOLATION

OF LEGISLATIVE ETHICS

JR6-3-101. Complaints -- Filing -- Form.

(1) Any legislator who wishes to file an ethics complaint against another legislator shall file a written complaint:

(a) with the President of the Senate and the chair of the Senate Ethics Committee, if the complaint is against a Senator; or

(b) with the Speaker of the House and the chair of the House Ethics Committee, if the complaint is against a Representative.

(2) (a) The legislator filing the complaint shall ensure that it contains the following information:

(i) the name and position or title of the person alleged to be in violation, who is the respondent;

(ii) the name and address of at least three Senators, if the respondent is a Senate member, or at least three Representatives, if the respondent is a House member, who are filing the complaint, who are the complainants;

(iii) the nature of the alleged violation;

(iv) subject to Subsection (1)(b), any facts alleged to support the complaint; and

(v) all documents that support the complaint as an attachment to it.

(b) If any of the facts supporting the complaint are based upon the information and belief of the complainants, the complaint shall state that the facts are presented "upon information and belief" and give the basis for that information and belief.

CHAPTER 4. ETHICS COMMITTEE PROCEDURES FOR EVALUATING

AND ADJUDICATING COMPLAINTS

Part 1. Notice and Review of Ethics Complaint for Sufficiency and Jurisdiction

JR6-4-101. Review of Ethics Complaint for Compliance with Form Requirements and Notice of Complaint To Committee Members.

(1) (a) Within five days after receipt of the complaint, the staff of the committee, in consultation with the chair and cochair, shall examine each complaint to determine if it is in compliance with JR6-3-101.

(b) (i) If the chair and cochair determine that the complaint does not comply with JR6-3-101, the chair shall return the complaint to the complainants with a copy of the legislative rules on ethics.

(ii) The complainants may resubmit the complaint.

(i) accept the complaint;

(ii) notify each member of the ethics committee that the complaint has been filed; and

(iii) provide each member of the ethics committee with a copy of the complaint.

(2) No committee member or staff may disclose publically any information received by the committee concerning any alleged violation until the member of the Senate or House charged in the violation has received the Summary of the Preliminary Inquiry required by JR6-4-206.

JR6-4-102. First Ethics Committee Meeting -- Jurisdictional and Claim Review.

(1) Within 30 days after the complaint is accepted, the chair and cochair shall:

(a) schedule an ethics committee meeting; and

(b) place the ethics complaint on the agenda for consideration at that meeting with the recommendation that:

(i) the complaint be considered; or

(ii) the complaint be dismissed because it fails to allege facts that constitute a violation.

(2) (a) At the ethics committee meeting, the committee shall determine:

(i) whether or not the alleged violation in the complaint is within the jurisdiction of the committee; and

(ii) whether or not the complaint merits further inquiry.

(b) The chair shall notify the complainants and respondent, in writing, of the determination made by the committee.

(3) If the committee determines that the complaint merits further inquiry, the committee meeting shall become a preliminary inquiry to determine whether the alleged violation occurred.

Part 2. Preliminary Inquiry

JR6-4-201. General Rules Governing Preliminary Inquiries.

(1) The scope of the preliminary inquiry is limited to the alleged violations stated in the complaint.

(2) (a) Only relevant or material evidence is admissible in the preliminary inquiry.

(b) The chair's determination of admissibility is final and may only be overruled by a majority vote of the committee.

(3) At the beginning of the preliminary inquiry, in order to expedite the committee's investigation and to facilitate a rapid resolution of the matter, the committee cochairs and the respondent may agree in writing that the procedural requirements of Part 3, Disciplinary Hearing, are waived.

(4) (a) The preliminary inquiry is closed to the public.

(b) The respondent and the respondent's counsel may be present during the presentation of testimony and evidence to the committee.

(5) Except for the official record, no camera or recording device may be brought in or used in the preliminary inquiry.

(6) Upon consent of a majority of its members, the committee may permit any person, not compelled or invited, to appear and testify at a hearing or submit a sworn written statement of facts or other documentary evidence for incorporation into the record.

(7) (a) The release of any testimony or other evidence presented at a closed hearing and the form and manner of that release shall be by a majority vote of all members of the committee.

(b) Committee members and committee staff may not publicly disclose any other part of the preliminary inquiry.

(8) If a majority of the committee determines that further evidence and testimony are necessary, the committee shall:

(a) adjourn and continue the preliminary inquiry hearing to a future date; and

(b) establish that future date by majority vote.

JR6-4-202. Chair as Presiding Judge.

(1) The committee chair is vested with the power to direct the committee in the preliminary inquiry.

(2) (a) If a committee member objects to a decision of the chair, that member may appeal the decision to the committee by stating: "I appeal the decision of the chair."

(b) This motion is nondebatable.

(d) A majority vote of the committee is necessary to overrule the decision of the chair.

(3) The chair may set time limitations on any part of the preliminary inquiry.

JR6-4-203. Testimony and Examination of Witnesses -- Oath -- Contempt.

(1) At the direction of the committee chair and cochair, the committee may hear the testimony of the complainants, the respondent, and witnesses.

(2) (a) Each witness shall testify under oath.

(b) Legislative General Counsel shall administer the oath to each witness.

(3) The chair shall permit the witness to make a brief opening statement if the witness desires.

(4) The committee chair shall direct the examination of the witness as follows:

(a) After the witness's presentation, the chair shall:

(i) give committee members the opportunity to question the witness; and

(ii) give the respondent the opportunity to question the witness.

(b) The committee chair may allow further examination of the witness by the committee, committee staff, or the respondent.

(5) (a) If the witness objects to a question, the chair may direct the witness to answer.

(b) If the witness still declines to answer the question, the witness may be held in contempt as provided in JR6-2-202.

(6) (a) The committee chair shall direct each witness to furnish any relevant evidence for the committee's consideration if the witness has brought the material voluntarily or has been required to bring it by subpoena.

(b) If the witness declines to provide evidence in response to a subpoena, the witness may be held in contempt as provided in JR6-2-202.

(7) The chair may allow a witness to insert into the record a sworn written statement of reasonable length that is relevant to the purpose, subject matter, and scope of the investigation.

JR6-4-204. Right to Counsel -- Limitations on Counsel.

(1) Any witness testifying before the committee may have the witness's counsel present.

(2) During the preliminary inquiry, counsel for a witness shall confine his activity exclusively to private advice to his client about the witness's legal rights.

(3) Counsel for a witness may not:

(a) advise the witness during the witness's testimony, except when specifically requested by the witness;

(b) address the committee;

(d) engage in oral arguments with the committee.

(4) Because the committee seeks factual testimony within the personal knowledge of the witness, the witness's counsel may not suggest testimony and answers to the witness during the inquiry, but must allow the witness to present testimony and answer questions without prompting or suggestions.

(5) If the witness's counsel fails to comply with any of the requirements of this JR6-4-204, the chair may exclude the counsel from the preliminary inquiry.

JR6-4-205. Rights of the Respondent.

The chair shall give the respondent an opportunity to respond, orally or in writing, to the allegations stated in the complaint.

JR6-4-206. Record.

(1) The chair shall ensure that:

(a) a record of the preliminary inquiry is made; and

(b) the record includes:

(i) rulings of the chair;

(ii) questions of the committee and its staff;

(iii) the testimony and responses of witnesses;

(iv) sworn statements submitted to the committee;

(v) relevant documents; and

(vi) any other matters that the committee or its chair directs.

(2) After the preliminary inquiry is completed, the staff of the committee shall keep a file containing a comprehensive summary of the inquiry.

JR6-4-207. Process for Making a Decision -- Remedies -- Publication of Decision.

(1) If, at the conclusion of the preliminary inquiry in which the procedural requirements of Part 3, Disciplinary Hearing, are not waived, the committee determines, by a preponderance of the evidence, that there is reason to believe that the alleged violation did occur, the committee shall direct staff to prepare a Summary of the Preliminary Inquiry.

(2) If, at the conclusion of the preliminary inquiry in which the procedural requirements of Part 3, Disciplinary Hearing, are waived, the committee determines, by clear and convincing evidence, that the alleged violation did occur, the committee shall direct staff to prepare a Summary of the Preliminary Inquiry.

(3) (a) After the announcement of the committee's decision in the Summary of the Preliminary Inquiry, if the procedural requirements of Part 3, Disciplinary Hearing, have been waived, the committee shall determine what recommendation should be made to the Senate or House with respect to any count that has been proved as provided in Subsection (4).

(b) The committee may not hear any further testimony during the preliminary inquiry, except by a majority vote of the committee.

(4) (a) A count is not proved unless a majority of the committee so determine by vote.

(b) A count that is not proved is dismissed.

(c) If a majority of the committee does not vote that a count has been proved, a motion to reconsider that vote may only be made by a member of the committee who voted that the count was not proved.

(5) (a) The committee may, for any count that has been voted as proved, recommend one or more of the following actions:

(i) censure;

(ii) expulsion;

(iii) denial or limitation of any right, power, or privilege of the respondent, if, under the Utah Constitution, the Senate or House may impose that denial or limitation, and if the violation bears upon the exercise or holding of any right, power, or privilege; or

(iv) any other action that the committee determines is appropriate.

(b) If a majority of the committee does not vote in favor of the recommendation for action, a motion to reconsider may only be made by a member of the committee who voted against the recommendation.

Part 3. Disciplinary Hearing

JR6-4-301. Disciplinary Hearing -- General Provisions.

(1) If there is no waiver of the disciplinary hearing as provided in JR6-4-201(3), the Senate and House Ethics Committees shall follow the procedures in this part to prepare for and conduct a disciplinary hearing.

(2) (a) Before beginning any disciplinary hearing, the committee shall:

(i) adopt a statement establishing the scope and purpose of the hearing; and

(ii) provide a copy of the statement to each witness.

(b) The scope and purpose of the hearing may expand or contract during the hearing, depending upon the evidence received.

(3) The respondent has the right to counsel during all stages of the disciplinary hearing.

(4) The disciplinary hearing is open to the public.

JR6-4-302. Appointment of Special Prosecutor.

(1) (a) The chair shall appoint a special prosecutor.

(b) This special prosecutor shall be paid by the Senate if it is a Senate Ethics Committee or the House if it is a House Ethics Committee.

(2) The special prosecutor shall:

(a) prepare the Statement of Alleged Violation as provided in JR6-4-303; and

(b) act as prosecutor against the respondent in the disciplinary hearing.

JR6-4-303. Statement of Alleged Violation.

(1) In preparing the Statement of Alleged Violation, the special prosecutor shall, after reviewing the Summary of the Preliminary Inquiry, ensure that:

(a) the statement is divided into separate counts; and

(b) each count alleges a separate violation and includes the facts that support each alleged violation.

(2) After completing the Statement of Alleged Violation, the special prosecutor shall:

(a) review the statement with the committee chair and committee staff;

(b) obtain approval of the statement from the committee chair; and

JR6-4-304. Response to Statement of Alleged Violation.

(1) Within 30 calendar days after receipt of the Statement of Alleged Violation, the respondent may file a written response to the statement, which must be signed by the respondent or the respondent's counsel.

(2) The respondent shall limit the response to the following:

(a) an admission or denial of each count, under oath, with any supportive evidence or relevant information;

(b) an objection to any or all counts on the grounds that the count fails to state facts that constitute a violation of the Code of Official Conduct or any law, rule, regulation, or other standard of conduct applicable to a member of the Senate or House in the performance of legislative responsibilities;

(d) a motion for a more detailed statement regarding the cause of action stated in the complaint; or

(e) an objection to the participation of any member of the committee, the committee's staff, or the special prosecutor on the grounds that that person would be unable to render a fair and impartial judgment or investigation.

(3) If the respondent fails to submit a response to the Statement of Alleged Violation or to any count contained in it, the statement or count constitutes an admission of the alleged violation.

JR6-4-305. Committee Action on Statement of Alleged Violation and Response.

(1) (a) Within 30 calendar days after receipt of the respondent's response or the respondent's failure to respond within that time, the committee shall determine, by majority vote, to:

(i) dismiss the complaint;

(ii) grant or deny the respondent's motion for a more detailed statement, and if this motion is granted, direct the special prosecutor to give more detail in the Statement of Alleged Violation and give the respondent 30 days from receipt of this statement to respond as provided in JR6-4-304;

(iii) hold a disciplinary hearing; or

(iv) defer action, if a judicial proceeding is pending.

(b) If the committee is unable to obtain a majority vote directing further proceedings against the respondent, the statement and complaint are considered dismissed.

(2) The chair shall ensure that the respondent and complainants are notified, in writing, of the action taken by the committee.

(3) The chair may:

(a) extend any time limitation, if the extension would facilitate a fair and complete inquiry; or

(b) shorten any time limitation, if special circumstances require it.

(4) (a) If an objection to the participation of any person is raised in the respondent's response under JR6-4-304(2)(e), the committee, by majority vote, shall:

(i) evaluate the person against whom the objection is raised to determine whether or not the person can fairly and impartially participate; and

(ii) by majority vote, determine whether or not to allow that person to participate.

(b) If a majority of the committee does not agree to exclude the person, the person may participate.

JR6-4-306. Disciplinary Hearing -- General Requirements -- Two Phases.

The disciplinary hearing is open to the public and consists of two phases:

(1) In Phase I, the committee must determine whether or not the counts in the Statement of Alleged Violation have been proved by clear and convincing evidence.

(2) In Phase II, the committee must determine what recommendation should be made to the Senate or House with respect to any count that has been proved.

JR6-4-307. Disciplinary Hearing Process -- Phase I, Adjudication Phase.

(1) The chair shall:

(a) call the meeting to order;

(b) describe the committee's authority to conduct the hearing;

(d) proceed with the hearing.

(2) Witnesses and evidence shall be received in the following order whenever possible:

(a) witnesses and evidence offered by the special prosecutor;

(b) witnesses and evidence offered by the respondent; and

(3) All witnesses shall testify under oath.

(4) Witnesses offered by the special prosecutor shall be:

(a) examined first by the special prosecutor;

(b) cross-examined by the respondent or the respondent's counsel;

(d) redirect examination and recross examination, if permitted by the chair.

(5) Witnesses offered by the respondent shall be:

(a) examined first by the respondent or respondent's counsel;

(b) cross-examined by the special prosecutor;

(d) redirect examination and recross examination if permitted by the chair.

(6) At the disciplinary hearing, the burden of proof rests upon the special prosecutor, who must establish a violation of any facts by clear and convincing evidence.

(7) (a) For a count to be proved, a majority of the committee must vote that it is proved by clear and convincing evidence.

(b) The chair shall dismiss each count that is not proved by majority committee vote.

(c) If a majority of the committee does not vote that a count has been proved, a motion to reconsider that vote may only be made by a member of the committee who voted that the count was not proved.

JR6-4-308. Disciplinary Hearing Process -- Phase II, Penalty Phase -- Remedies.

(1) The committee may not hear any further testimony during Phase II unless a majority of the committee votes to allow additional testimony.

(2) In Phase II of the disciplinary hearing, the committee may, for any count that has been voted as proved, recommend one or more of the following actions:

(a) censure;

(b) expulsion;

(i) under the Utah Constitution, the Senate or House may impose that denial or limitation; and

(ii) the violation bears upon the exercise or holding of the right, power, or privilege; or

(d) any other action that the committee determines is appropriate.

(3) If a majority of the committee does not vote in favor of the recommendation for action, a motion to reconsider may only be made by a member of the committee who voted against the recommendation.

(4) The chair shall ensure that the committee's recommendation to the Senate or House is:

(a) submitted in writing; and

(b) contains a brief but complete statement of the evidence that supports the committee's recommendations.

JR6-4-309. Announcement of Decision.

At the conclusion of the committee's deliberations in the disciplinary hearing, when a decision has been reached, the chair shall inform the respondent and his counsel of the committee's decision.

JR6-4-310. Records of Disciplinary Hearing.

After the disciplinary hearing is completed, the staff of the committee shall keep a file containing a comprehensive summary of the disciplinary hearing.

CHAPTER 5. ACTION BY SENATE OR HOUSE ON ETHICS

COMMITTEE RECOMMENDATION

JR6-5-101. Senate and House Action.

(1) The Senate or House shall:

(a) consider the recommendations of the ethics committee; and

(b) by a majority vote of that house, either accept, dismiss, or alter these recommendations.

(2) If the committee recommends expulsion of a Senator or Representative, acceptance of this recommendation requires a two-thirds vote of all the members elected to the Senate or to the House.

INTERIM RULES GENERALLY

TITLE 1. COMMITTEE AND TASK FORCE ORGANIZATION AND STRUCTURE

CHAPTER 1. GENERAL PROVISIONS AND ORGANIZATION

Part 1. General Provisions

IR1-1-101. Definitions.

As used in this title:

(1) (a) "Interim committee" means a committee established in Rule IR1-1-201 that is composed of members of the Senate and House, meeting jointly.

(b) "Interim committee" does not mean a standing committee as designated in SR-24.05 and HR-24.05.

(2) "Special committee" means a legislative committee or task force that is not an interim committee.

(3) "Subcommittee" means a subsidiary unit of an interim committee or special committee.

Part 2. Organization

IR1-1-201. Interim Committees Established -- Membership -- Chairs -- Chair Duties.

(1) The President of the Senate and the Speaker of the House shall:

(a) appoint members from their respective chambers to serve on the following joint interim committees:

(i) Business and Labor Interim Committee;

(ii) Education Interim Committee;

(iii) Government Operations Interim Committee;

(iv) Health and Human Services Interim Committee;

(v) Judiciary Interim Committee;

(vi) Law Enforcement and Criminal Justice Interim Committee;

(vii) Natural Resources, Agriculture, and Environment Interim Committee;

(viii) Political Subdivisions Interim Committee;

(ix) Public Utilities and Technology Interim Committee;

(x) Retirement and Independent Entities Interim Committee;

(xi) Revenue and Taxation Interim Committee;

(xii) Transportation Interim Committee; and

(xiii) Workforce Services and Community and Economic Development Interim Committee; and

(b) appoint one member from their chamber to serve as cochair of each interim committee.

(2) The chairs of each interim committee, meeting jointly, shall:

(a) determine the agenda for committee meetings;

(b) assist and give direction to staff in the conduct of the committee's business; and

IR1-1-202. Interim Committees -- Creation and Organization of Subcommittees.

(1) An interim committee may establish one or more subcommittees if:

(a) a majority of the interim committee votes to create the subcommittee;

(b) the per diem and expenses of the subcommittee members can be adequately covered within the budget of the interim committee; and

(c) the interim committee solicits and receives approval from the Legislative Management Committee to create the subcommittee.

(2) The interim committee shall establish the powers and duties of the subcommittee.

(3) The cochairs of the interim committee shall:

(a) appoint at least four legislators to serve on the subcommittee from the membership of the interim committee that created the subcommittee; and

(b) appoint at least one additional legislator who is a member of the interim committee that created the subcommittee as chair of the subcommittee.

IR1-1-203. Special Committees -- Creation and Organization of Subcommittees.

(1) A special committee may not create a subcommittee unless:

(a) the legislation creating the special committee authorizes the creation of a subcommittee; and

(b) the per diem and expenses of the subcommittee members can be adequately covered from the budget of the special committee.

(2) Notwithstanding Subsection (1), a special committee may create a subcommittee if:

(a) the legislation creating the special committee does not explicitly prohibit the creation of a subcommittee;

(b) the Legislative Management Committee approves creation of the subcommittee; and

(c) the per diem and expenses of the subcommittee members can be adequately covered from the budget of the special committee.

TITLE 2. DUTIES OF INTERIM COMMITTEES

CHAPTER 1. INTERIM COMMITTEES - GENERAL RESPONSIBILITIES

IR2-1-101. Interim Committees -- General Duties.

Each interim committee shall:

(1) receive study assignments by resolution from the Legislature;

(2) receive study assignments from the Legislative Management Committee;

(3) investigate and study possibilities for improvement in government services within its subject area;

(4) request and receive research reports from professional legislative staff pertaining to the committee's study agenda;

(5) if useful, request, and if necessary, subpoena, testimony from government officials, private organizations, and members of the public on issues being studied by the committee;

(6) make recommendations to the Legislature for legislative action; and

(7) prepare and recommend legislation to the Legislature based upon the committee's studies.

CHAPTER 2. INTERIM COMMITTEES - OTHER RESPONSIBILITIES

IR2-2-101. Interim Committees -- Reviewing Audit Reports.

When an interim committee or a special committee receives an audit report from the Audit Subcommittee of the Legislative Management Committee for its review, the committee shall:

(1) review and consider whether or not the recommendations in the audit report should be implemented;

(2) request legislation or recommend appropriations to the Executive Appropriations Committee, if appropriate; and

(3) report its actions to the Audit Subcommittee.

IR2-2-102. Interim Committees -- Review of Rules Referred by Administrative Rules Review Committee.

When an interim committee receives an administrative rule for review from the Administrative Rules Review Committee, the interim committee may review that rule and make recommendations to the Legislative Management Committee and the Administrative Rules Review Committee about whether or not the rule should be repealed.

TITLE 3. REQUIREMENTS FOR AND CONDUCT OF COMMITTEE

AND TASK FORCE MEETINGS

CHAPTER 1. MEETINGS

IR3-1-101. Interim Committees -- Joint Meetings -- Location of Meetings -- Notice of Meetings.

(1) The corresponding interim committees of each chamber shall meet jointly, unless otherwise determined by the chair of each interim committee.

(2) (a) Each interim committee shall meet at the time and in the room assigned by the Legislative Management Committee.

(b) An interim committee may meet at additional times or in other locations as determined by the chairs, if reasonable notice is issued as required by Utah Code Title 52, Chapter 4, Open and Public Meetings.

(3) Each committee chair shall ensure that each interim committee meeting is open to the public, except as otherwise provided in Utah Code Title 52, Chapter 4, Open and Public Meetings.

(4) Each committee chair shall ensure that the time, location, and agenda of each interim committee meeting is posted in the places designated by the Legislative Management Committee.

IR3-1-102. Rights of Members to Attend Meetings -- Nonmembers of the Committee or Subcommittee May Not Vote.

(1) Any member of the Legislature may:

(a) attend any meeting of an interim committee or any of its subcommittees; and

(b) if recognized by the chair, present the member's views on any subject under consideration by the committee or subcommittee.

(2) Notwithstanding Subsection (1), a legislator must be a member of the committee or subcommittee in order to:

(a) vote on any decision of the committee or subcommittee; or

(b) receive per diem for attending the meeting unless approval for receiving per diem is obtained from the Legislative Expenses Oversight Committee of the chamber in which the legislator is a member.

IR3-1-103. Order and Decorum -- Points of Order.

(1) (a) The chair shall preserve order and decorum in committee meetings and hearings.

(b) The chair may order the committee room cleared of any disorderly visitor.

(2) (a) The chair shall decide points of order, subject to an appeal to the committee by any member of the committee.

(b) A committee member wishing to appeal a decision of the chair shall make a motion appealing the decision of the chair.

IR3-1-104. Visitors.

(1) As used in this rule, "committee" means any interim committee, special committee, or subcommittee.

(2) (a) The chair shall ensure that visitors to a committee meeting or hearing sit in chairs designated for that purpose.

(b) The chair may not allow visitors to speak during a committee meeting unless:

(i) the chair specifically invites them to speak; or

(ii) the meeting has been designated a public hearing and the visitors agree to comply with any restrictions on time and order announced by the chair.

(3) (a) If the chair allows public comment or testimony on a bill or other matter before the committee, the chair may, or a majority of the committee may, require that any or all person's testimony be taken under oath.

(b) The oath shall be administered by the committee chair, cochair, or committee staff.

(4) The chair shall:

(a) ensure that the number of visitors, members, and staff at a hearing or meeting does not exceed the number posted by the state fire marshal as the limit of occupancy for the room where the meeting is held; and

(b) announce when the limit is reached and prevent the entry of additional persons into the room.

CHAPTER 2. QUORUM AND VOTING REQUIREMENTS - MINUTES

Part 1. Quorum and Voting Requirements

IR3-2-101. Quorum Requirements.

(1) For the purpose of determining a committee or subcommittee quorum, a majority is at least 50% in one house and more than 50% in the other.

(2) If a member of the committee or subcommittee fails to attend two consecutive meetings of a committee or subcommittee in any calendar year, that legislator's membership in the committee or subcommittee is not counted for that calendar year in determining a quorum, except for meetings that the legislator actually attends.

(3) Except for meetings that the legislator actually attends, legislators who are members of the Legislative Management Committee are not counted in determining a quorum.

(4) Notwithstanding the requirements of Subsections (2) and (3), at least one Senator must be present in order to have a committee or subcommittee quorum.

IR3-2-102. Voting Requirements.

(1) For the purpose of voting in a meeting, a majority is at least 50% in one house and more than 50% in the other.

(2) After the committee votes, the chair shall:

(a) determine whether the motion passed or failed;

(b) verbally announce that the motion passed or that the motion failed; and

Part 2. Minutes

IR3-2-201. Minutes.

(1) (a) Each interim committee and each subcommittee shall keep minutes of meetings as required by Utah Code Title 52, Chapter 4, Open and Public Meetings.

(b) Meetings of interim committees and subcommittees may be electronically recorded to assist in preparing accurate minutes of the meeting.

(2) Upon approval of the minutes by the committee, the minutes are the official record of the proceedings of the committee and the electronic record, if any, may be destroyed unless the committee or subcommittee, by majority vote, directs that the electronic record be preserved.

(3) (a) Except as provided in Subsection (3)(b), each interim committee and each subcommittee shall ensure that the vote of each member on any question is recorded in the minutes of the meeting.

(b) Questions approved by unanimous vote or by a substantial majority of those present may be recorded as approved with only the names of those opposed and those absent listed in the minutes.

CHAPTER 3. CONDUCT OF MEETINGS

Part 1. Order of Business, Debate, and Voting

IR3-3-101. Order of Business.

Unless otherwise determined by the chair or by a majority vote of the interim committee, each committee or subcommittee shall substantially follow this order of business:

(1) call of the committee to order by the chair;

(2) approval of the minutes of any previous meeting;

(3) announcement of the order of consideration of agenda items;

(4) announcement of time restrictions, if any;

(5) announcement of communications sent to the committee by the Legislative Management Committee or other entities; and

(6) agenda business.

IR3-3-102. Obtaining the Floor in Committee -- Remarks to be Germane.

(1) The chair may recognize any committee member who wishes to speak to a matter of business before the committee.

(2) Upon being recognized, the committee member shall confine his remarks to the subject under discussion.

IR3-3-103. Members Required to Vote.

Each committee member present at the committee meeting shall vote "yea" or "nay" on each question put to a vote by the chair.

Part 2. Public Hearings

IR3-3-201. Public Hearings.

(1) An interim committee or subcommittee may hold public hearings in addition to or instead of regular committee meetings.

(2) The chair, subject to the approval of the committee, may adopt procedures for the orderly conduct of the hearing, including limitation of the time available for the entire hearing and for all individual presenters, and the order in which those presenting shall address the committee.

(3) The committee may, at any time, close the public hearing and begin a regular committee meeting.

(4) Upon majority vote of the committee, any presenter's testimony may be taken under oath.

CHAPTER 4. PARLIAMENTARY RULES GOVERNING INTERIM COMMITTEES

Part 1. General Rules Governing Motions

IR3-4-101. Motions to be Stated Before Debate -- Dividing a Motion -- Withdrawing a Motion.

(1) When a motion is made, it shall be stated by the chair before debate.

(2) When a motion is stated by the chair, it is in the possession of the committee.

(3) (a) If a motion contains several points, a committee member may request that the motion be divided and that each part be voted upon separately.

(b) To be in order, the request to divide must clearly state how the question is to be divided.

(c) Except as provided in Subsections (3)(d) and (e), if the request is in order, the chair must divide the motion and take a separate vote on each part of the divided motion.

(d) (i) Except as provided in Subsections (3)(d)(ii) and (iii), a motion to strike out and insert, or to delete and insert, is not subject to division.

(ii) If the committee rejects a motion to strike out and insert one proposition, a motion to strike out and insert a different proposition is in order.

(iii) If the committee rejects a motion to delete and insert one proposition, a motion to delete and insert a different proposition is in order.

(e) (i) The presiding officer shall determine how many divisions may be made to any question.

(ii) The committee may seek to overrule this decision only once.

(4) (a) A motion may be withdrawn at any time by the sponsor before it is divided or amended.

(b) After a motion has been divided or amended, it may be withdrawn by the sponsor only if the withdrawal of the motion is approved by a majority of the committee members present.

IR3-4-102. Motions in Order During Debate.

While a question is being debated, the chair may not accept any other motion except a motion:

(1) to fix the time at which to adjourn;

(2) to adjourn;

(3) to hold;

(4) to postpone to a time certain;

(5) to amend or substitute; or

(6) to call for the previous question.

IR3-4-103. Motions to be Decided without Debate.

(1) The chair may not allow debate on a motion to adjourn, a motion to recess, a motion to end debate, or an appeal of the decision of the chair on a point of order.

(2) The chair shall decide, without allowing debate, each point of order raised after a motion to adjourn, a motion to recess, or a motion to end debate is made.

IR3-4-104. Substitute Motions.

(1) A substitute motion, or any part of the substitute motion, if adopted by a majority of the committee members present, disposes of the original motion.

(2) The chair may not accept a substitute motion to a substitute motion.

IR3-4-105. Which Motions May Be Amended (Masons Sec. 396).

Each original main motion may be amended, and all other motions may be amended, except the following motions:

(1) to adjourn;

(2) to appeal the decision of the chair;

(3) to raise a point of order;

(4) to divide another motion;

(5) to table;

(6) to remove from the table;

(7) to call the previous question;

(8) to amend an amendment;

(9) to move to the next item on the agenda;

(10) to call for division; or

(11) to reconsider.

Part 2. Rules Governing Specific Motions

IR3-4-201. Motion to Adjourn.

A motion to adjourn is in order except:

(1) when the committee is in the process of voting;

(2) when a previous motion to adjourn has been defeated and there has been no intervening business; or

(3) when another member of the committee has the floor.

IR3-4-202. Motion to End Debate.

A motion to end debate passes only if it is approved by a two-thirds vote of the committee members present.

SENATE RULES

20. ORGANIZATION AND OFFICERS

SR-20.01. Calling the Senate to Order.

On the first day of every annual general session of the Legislature during odd-numbered years, the President-elect shall designate a person to call the Senate to order and preside until the Senators have taken the oath of office and elected a President.

SR-20.02. Election of President.

The Senate shall elect a President who shall preside during the session and be responsible for the general direction of the Senate.

SR-20.03. President May Call a Senator to Chair.

The President may call a Senator to the chair as President Pro Tempore and that Senator has the power of the President while conducting. This substitution does not extend beyond adjournment.

SR-20.04. Temporary Presiding Officer in President's Absence.

If the President and the President Pro Tempore are absent at the time the session is scheduled to convene, the Senator who is senior in Senate service shall call the Senate to order and preside until one of them returns.

SR-20.05. Duties of the President.

(1) The general duties of the President are to:

(a) assign responsibilities to and supervise the officers and employees of the Senate;

(b) assign places and determine access for news media representatives;

(d) announce the business before the Senate in the order it is to be acted upon;

(e) receive and submit in the proper manner all motions and proposals presented by Senators;

(f) put to a vote all questions which arise in the course of the proceedings, and announce the results of the vote;

(g) enforce the rules of order during debate;

(h) enforce observance of order and decorum;

(i) inform the Senate on any point of order or practice;

(j) receive and announce to the Senate any official messages and communications;

(k) sign all acts, orders, and proceedings of the Senate;

(l) appoint the members of committees;

(m) represent the Senate, declaring its will and obeying its commands; and

(n) sign or authorize a designee to sign all requisitions on the Division of Finance to pay Senate expenses.

(2) The President shall give final approval of all expenditure requests as authorized by the majority and minority leaders of the Senate, including per diem compensation, travel expenses, and in-state and out-of-state travel on legislative business.

SR-20.06. Duties of the Secretary of the Senate.

(1) A Secretary of the Senate shall be appointed by the President or President-elect before each session is convened.

(2) The Secretary shall:

(a) act as chief administrative officer of the Senate, subject to direction by the President;

(b) supervise all Senate personnel during the session and interim and assign them duties and responsibilities;

(c) keep a record of the attendance of all employees, and not pay for the day or days of absence any employee who is absent without the written consent or subsequent approval of the President;

(d) be custodian of all official documents;

(e) receive from the Office of Legislative Research and General Counsel all numbered bills and resolutions;

(f) record the number, title, sponsor, each action, and final disposition of each bill on its bill jacket;

(g) prepare and distribute the legislative agenda each day;

(h) assist the Reading Clerk in preparation of the Senate Journal and certify it as an accurate reflection of Senate action;

(i) read the long title of all bills and other materials as requested by the President;

(j) receive committee reports and present them to the Senate;

(k) advise the President on parliamentary procedure, constitutional requirements, and Joint and Senate Rules;

(l) assist with amendments to bills;

(m) record votes and present the results to the President;

(n) correct spelling, erroneous division and hyphenation of words, correct mistakes in numbering sections and their references, capitalize or lower case words, change numbers from words to figures or from figures to words, and underscore or remove underscoring in bills without a motion to amend, either before or after final passage of a bill;

(o) modify the long title of any bill or resolution to ensure that the long title accurately reflects any changes to the bill or resolution made by amendment or substitute;

(p) certify and transmit bills to the House of Representatives and inform the House of all Senate action;

(q) transmit to the Governor all enrolled Senate bills;

(r) respond to inquiries from legislators, government agencies, and members of the public regarding Senate history, activities, and legislative action; and

(s) represent the Senate at schools, organizations, clubs, and other civic groups when asked by the President.

SR-20.07. Duties of the Sergeant-at-Arms.

A Sergeant-at-Arms shall be appointed by the President or President-elect prior to the convening of each session. The Sergeant-at-Arms is to maintain security, enforce the Senate Rules and provide other service as requested by the Secretary or the President.

SR-20.08. Substitution of Sponsor; Withdrawal of Cosponsor.

The Senate sponsor of a bill can withdraw that sponsorship if another Senator agrees to sponsor the bill and this substitution of sponsorship is submitted to the Secretary of the Senate in writing prior to final passage of the bill in the Senate. This substitution of sponsorship can be without permission from the Senate.

A Senator cosponsor of a bill may withdraw that cosponsorship without permission from the Senate and without a substitute cosponsor prior to final passage of the bill in the Senate.

SR-20.09. Senate Postage Allowance.

(1) Each Senator may request 20 first-class postage stamps from Senate staff at the beginning of the year.

(2) In addition to the postage stamps, each Senator may deposit:

(a) up to five letters per day into the Senate mail system during the annual general session; and

(b) up to ten letters per month into the Senate mail system during each interim period.

(3) Upon request from an individual Senator, the President may grant an additional postage allowance.

21. ATTENDANCE

SR-21.01. Senators Must be Present.

Every Senator shall be present within the Senate chamber during a session of the Senate, unless excused or unavoidably absent.

SR-21.02. Absent Senators.

If a quorum of Senators is not present at the time the Senate is scheduled to convene, the Sergeant-at-Arms shall find enough absent Senators to make a quorum for the transaction of business, and escort them to the chamber.

22. DECORUM

SR-22.01. President to Maintain Order; Appeal Process.

The President shall maintain order and decorum. He may speak to points of order in preference to other Senators rising for that purpose. The President's decision on questions of order is subject to an appeal to the Senate by any Senator. No Senator shall speak more than once on an appeal without leave of the Senate. The question on appeal is: "Shall the decision of the chair stand as the judgment of the Senate?" The question and the action of the Senate on it shall be recorded in the journal.

SR-22.02. Disorderly Conduct in Senate.

The President may order the Senate areas or gallery cleared if a disturbance occurs.

SR-22.03. Smoking Not Permitted.

As provided in the Utah Indoor Clean Air Act, a person may not smoke in the State Capitol Building. The Sergeant-at-Arms shall enforce this rule in the Senate controlled areas.

SR-22.04. Obtaining the Floor.

When a Senator wishes to be recognized to speak, the Senator shall rise and address the President as "Mr. (Madam) President." After being recognized, the Senator must confine his remarks to the issue under consideration.

SR-22.05. Calling a Senator to Order for Violation of a Rule.

A Senator violating any Senate or Joint Rule can be called to order by the President or by any Senator. If the Senator appeals the ruling, the Senate shall decide the issue without debate. If the decision is favorable to the Senator who has been called to order, the Senator may proceed. If the decision is unfavorable, the Senator is subject to censure by the Senate.

SR-22.06. Calling a Senator to Order for Conduct in Debate.

If a Senator is called to order for words spoken in debate, the Senator making the call shall repeat the words to which exception is taken and the words shall be recorded by the Reading Clerk. If called to order, the Senator shall sit down, unless granted permission to explain. A Senator may not be called to order or censured for words spoken in debate if there has been intervening business.

SR-22.07. Impugning Motives of a Senator.

No Senator shall impugn the motives of any other Senator either on the floor of the Senate or in committee.

SR-22.08. President to Decide Who is Entitled to Floor.

If two or more Senators rise at the same time to speak, the President shall decide which Senator is to speak first.

SR-22.09. Senators Not to Leave Chamber.

When the President is presenting a question, no Senator may leave the Senate chamber. When a Senator is speaking, no person may walk between the Senator and the President or his designee.

SR-22.10. Disturbing Circle During Roll Call Vote Prohibited.

No person shall disturb or remain by the desks of the Secretary of the Senate, Docket Clerk, or Reading Clerk while a roll call vote is being taken.

23. ORDER OF BUSINESS

SR-23.01. Hour for Meeting.

The Senate shall meet at 10:00 a.m. daily, except Saturdays and Sundays, unless otherwise announced by the President.

SR-23.02. Roll Call; Quorum.

A roll call of Senators shall be taken at the beginning of session each day and the names of those present and absent recorded in the journal. A majority of Senators must be present for a quorum before beginning Senate business. Less than a majority may convene each day. Less than a majority may compel the attendance of absent members.

SR-23.03. Daily Order of Business.

The daily order of business is:

(1) call to order by President;

(2) the prayer and Pledge of Allegiance;

(3) roll call;

(4) report of excused absences and if quorum is present;

(5) report of journal committee;

(6) communications from the Governor;

(7) communications from the House:

(a) bills for signature of the President;

(b) bills for consideration; and

(8) reference of bills from the President:

(a) bills assigned to standing committees; and

(b) bills placed on second reading calendar;

(9) reports of Secretary of the Senate from standing committees:

(a) bills placed on second reading calendar;

(b) bills placed on consent calendar; and

(10) reports of special committees, including conference committees;

(11) introduction of bills and presentation of resolutions to be given to the Secretary of the Senate at least one hour before the beginning of the session for inclusion in that day's agenda:

(a) bills referred by the Senate Rules Committee for assignment by the President; and

(b) bills placed on second reading calendar;

(12) unfinished business;

(13) consideration of bills on consent calendar;

(14) special orders of business;

(15) consideration of bills on third reading calendar;

(16) consideration of bills on second reading calendar; and

(17) miscellaneous business.

SR-23.04. Messages and Reports Received at any Time.

Messages from the Governor, the House of Representatives, other state officers, and the Senate Rules Committee may be received at any time, except when the President is presenting a question, or when a vote is being taken.

SR-23.05. Action out of Regular Order.

The Senate may at any time, with majority approval of all Senators present, proceed out of order to any business.

SR-23.06. Priority of Business.

All questions of priority of Senate business shall be decided by the chair without debate.

SR-23.07. Unfinished Business.

Unfinished business at the time of recess or adjournment has priority on the daily order of business on the following legislative day.

SR-23.08. Final Certification of the Journal.

The Secretary of the Senate and the Reading Clerk are responsible for the final certification of the Senate Journal.

SR-23.09. Commendation; Condolence Citations.

To express the commendation or condolence of the Legislature or the Senate, legislators shall use the legislative citation form exclusively.

SR-23.10. Types of Citations; Use of Citations.

(1) There are two types of legislative citations: individual and by one or both houses of the Legislature.

(2) With the approval of the presiding officer, an individual legislator may request the Secretary of the Senate to prepare a commendation or condolence citation for the Senator's own signature. This citation is done without any floor action.

(3) During a session of the Legislature, a legislator may request the Secretary of the Senate to prepare a commendation or condolence citation for the Senate sponsor's signature, which citation shall also be presented to the Senate, by motion, to authorize the President of the Senate to sign on behalf of the Senate; or to one house and then the other for the approval of both the Senate and the House. This motion is in order as an item of personal privilege.

(4) When the Legislature is not in session, a legislator may request a commendation or condolence citation for the sponsor's and the President's signature, or the sponsor's, the President's, and the Speaker's signature.

SR-23.11. Standing Committee Review of Fiscal Impact Bills.

Except as provided in Senate Rule 23.13, all bills shall be reviewed by a standing committee open to the public in one or both houses before being held in the opposite house because of fiscal impact.

SR-23.12. Printing Certain Fiscal Bills.

On the last Monday of the annual general session, the following bills shall be completed by the Executive Appropriations Committee, printed, and available to all legislators: the appropriations act, any supplemental appropriations acts except the supplemental appropriation act that funds the bills passed during that session, the school finance act, and any bonding act.

SR-23.13. Standing Committee Review.

(1) The Senate may not pass a bill, joint resolution, or concurrent resolution during the annual general session that has not been reviewed by a Senate standing committee.

(2) This rule does not apply to:

(a) any resolution regarding legislative rules or legislative personnel;

(b) bills that have been approved by an interim committee;

(d) the appropriations act, the supplemental appropriations acts, the school finance act, the executive compensation act, and any bonding act that has been reviewed and approved by the Executive Appropriations Committee.

SR-23.14. Passing Bills with Negative Fiscal Impact.

(1) Except for the supplemental appropriations act that funds the bills passed during that session, all bills which have a negative fiscal impact on the state shall be acted upon by 12 noon on the last day of the annual general session.

(2) Any bill with a negative fiscal impact which has not been passed by the Senate by the time established in Subsection (1) shall be returned to the Senate Rules Committee for filing.

24. COMMITTEES

SR-24.01. Senate Rules Committee; Duties.

(1) All legislation introduced shall be submitted to the Senate Rules Committee.

(2) The Senate Rules Committee shall:

(a) prepare the Senate Rules and Joint Rules and report them to the Senate for approval, amendment, or disapproval before adjournment on the second day of each annual general session;

(b) examine each bill for proper form and order the bills printed;

(i) the legislation be referred to a standing committee for consideration;

(ii) the legislation be placed directly onto the second reading calendar;

(iii) the legislation be read the second time and placed onto the consent calendar; or

(iv) during the last week of the legislative session, the legislation be read the second time and placed onto the third reading calendar.

(3) Before sending a bill to a standing committee, the Senate Rules Committee, in carrying out its responsibilities under Subsection (2), may amend or substitute a bill only if the committee has the written consent of the sponsor.

(4) If the chair of the Senate Rules Committee receives a summary report from the Occupational and Professional Licensure Review Committee related to newly regulating an occupation or profession within the two calendar years immediately preceding the session in which a piece of legislation is introduced related to the regulation by the Division of Occupational and Professional Licensing of that occupation or profession:

(a) the chair of the Senate Rules Committee shall ensure that the Senate Rules Committee is informed of the summary report before the Senate Rules Committee takes action on the legislation; and

(b) if the Senate Rules Committee refers the legislation to the Senate as provided for in Subsection (2)(c):

(i) the Office of Legislative Research and General Counsel shall make the summary report reasonably available to the public and to legislators; and

(ii) if the legislation is referred to a standing committee, the Senate Rules Committee shall forward the summary report to the standing committee.

SR-24.02. Senate Rules Committee to Establish Calendar.

The Senate Rules Committee shall prioritize every bill for committee and floor action and review and update this priority as necessary for the calendar.

SR-24.03. Legislation Scheduled for Time Certain has Priority in Committee.

(1) The Senate Rules Committee may recommend a time certain for floor consideration of any bill when it is reported out of the Senate Rules Committee, or at any time after the bill is reported out of the Senate Rules Committee.

(2) A bill scheduled for a time certain has priority status in the standing committee to which it is assigned.

SR-24.04. Senate Confirmation Committee(s).

(1) The President shall:

(a) appoint a Senate Executive Confirmation Committee(s) of no more than seven Senators, no more than four of whom are from the same political party;

(b) appoint the Senate appropriations subcommittee chair and standing committee chair having jurisdiction over the agency or entity to which the nominee is appointed; and

(2) If called by the chair, the committee shall meet and make a recommendation to the Senate before any Senate confirmation session to review gubernatorial nominations to fill executive branch positions.

(3) (a) The committee shall review the resume and qualifications of any full-time gubernatorial executive branch appointee and may interview appointees.

(b) If a meeting is held, the committee shall convey its recommendation to the Senate in a form that identifies to the Senate how each Senate Executive Confirmation Committee member voted on the nominee.

SR-24.04.1. Judicial Senate Confirmation Committee Procedures.

(1) The President shall:

(a) appoint a Senate Judicial Confirmation Committee of no more than seven Senators, no more than four of whom are from the same political party; and

(b) designate one Senator to act as chair of the committee.

(2) The President may not convene the Senate to consider confirmation of a judicial appointee until the Senate Judicial Confirmation Committee has submitted its recommendation.

(3) (a) The committee shall comply with the procedures established in this rule.

(b) Each committee member shall ensure that records received by them that are classified "private," "protected," or "controlled" under Utah Code Annotated Title 63, Chapter 2, Government Records Access and Management Act, are released only pursuant to the requirements of that act.

(4) After the Judicial Nominating Commission announces the nominees and forwards those names to the Office of Legislative Research and General Counsel as required by Utah Code Annotated Section 20A-12-104, that office shall provide the resume of each nominee to each member of the Senate.

(5) When the Governor provides the President of the Senate with the nominees' resume, application materials, and other related documents, the President shall provide that information to the chair and two members of the Senate Judicial Confirmation Committee, one selected by the President of the Senate and one selected by the Senate Minority Leader.

(6) After the Governor announces the appointee and provides the information required by Utah Code Annotated Section 67-1-2:

(a) the chair of the Senate Judicial Confirmation Committee shall direct the preparation of a news release which shall include:

(i) a brief description of the judicial position to be filled;

(ii) the name of the appointee;

(iii) a brief description of the functions of the Senate Judicial Confirmation Committee;

(iv) a request that members of the Senate wanting to make comments contact the chair or the Office of Legislative Research and General Counsel by the deadline specified in the news release, which may not be less than ten business days after publication of the news release;

(v) a request that members of the public wanting to make comments must contact the Office of Legislative Research and General Counsel by the deadline specified in the news release, which may not be less than ten business days after publication of the news release; and

(vi) a notice that any person wanting to comment must submit a written statement of their testimony, including the person's name, telephone number, and mailing address, to the Office of Legislative Research and General Counsel; and

(b) the Office of Legislative Research and General Counsel shall:

(i) provide the resume of the appointee and the news release described in this Subsection (6) to:

(A) each member of the Senate; and

(B) the news media, including television, radio, and the major circulation newspapers in Salt Lake City and the geographical area served by the judicial office to be filled by the appointee; and

(ii) provide the appointee's resume, application materials, and other related documents to each member of the Senate Judicial Confirmation Committee.

(7) (a) The chair of the Senate Judicial Confirmation Committee may direct its staff to investigate:

(i) the background, qualifications, and fitness for judicial office of the appointee generally; and

(ii) specific issues raised or revealed by any member of the committee, any Senator, or any member of the public, or that may arise at any time during the Senate confirmation process.

(b) In conducting the investigation, committee staff may contact any person or organization that might have information about the nominee's fitness for judicial office.

(c) The chair may direct staff to ask the Governor, the chair of the Judicial Nominating Commission, or both, whether or not certain facts revealed by the investigation were known to the Governor or the nominating commission at the time the candidate was considered by either of them.

(8) (a) The chair of the Senate Judicial Confirmation Committee shall provide public notice of each committee meeting.

(b) The public notice shall include an explanation that:

(i) any person wanting to testify regarding the appointee must submit a written statement to the Office of Legislative Research and General Counsel at least 24 hours before the meeting is scheduled to begin; and

(ii) portions of the meeting may be closed under Utah Code Annotated Title 52, Chapter 4, Open and Public Meetings.

(9) Before convening a meeting of the Senate Judicial Confirmation Committee, the chair shall:

(a) review all written statements from persons desiring to address the committee regarding the Governor's appointee;

(b) review all records to be distributed to the committee and classify each record as "public" or "private" by applying the standard contained in Subsection 63-2-302(1)(e)(i);

(d) if necessary, establish reasonable time limits for public comment.

(10) In conducting the meeting:

(a) the chair shall allow the appointee to address the committee:

(i) before the committee hears any other testimony; and

(ii) after the last witness testifies before the committee and before the committee makes its decision; and

(b) the chair may hold committee meetings in the geographic area to be served by the judicial office.

(11) The committee may close the committee meeting for any of the purposes outlined in Utah Code Annotated Title 52, Chapter 4, Open and Public Meetings.

(12) In determining whether to recommend that the nominee be confirmed or rejected, the Senate Judicial Confirmation Committee shall:

(a) review the appointee's resume, application materials, and any other documents or information related to the nominee's fitness for judicial office;

(b) review each written statement submitted to the committee;

(d) base its decision regarding confirmation solely upon a consideration of the nominee's fitness for judicial office without regard to any partisan political consideration;

(e) vote on whether or not to recommend confirmation of the appointee to the Senate; and

(f) convey its recommendation to the Senate in a form that identifies to the Senate how each Senate Judicial Confirmation Committee member voted on the nominee.

(13) The Office of Legislative Research and General Counsel shall provide a copy of this rule to judicial appointees.

(14) Nothing contained in this rule shall be construed to limit the authority of the Senate as provided in Utah Constitution Article VIII, Section 8.

SR-24.05. Standing Committees.

(1) The President shall appoint the following standing committees:

(a) Business and Labor;

(b) Education;

(d) Health and Human Services;

(e) Judiciary, Law Enforcement, and Criminal Justice;

(f) Natural Resources, Agriculture, and Environment;

(g) Revenue and Taxation;

(h) Senate Rules;

(i) Transportation and Public Utilities and Technology; and

(j) Workforce Services and Community and Economic Development.

(2) The members of the Retirement and Independent Entities Committee created in Section 63E-1-201 who are appointed from the Senate are a standing committee.

SR-24.06. Committee Chairman.

The first member named on a committee shall be the chairman.The chairman of the committee may designate a vice-chairman, pro tem.

SR-24.07. Notice of Committee Meeting.

With the exception of any conference committee, the chair may call committee meetings after giving not less than 24 hours public notice as required under Title 52, Chapter 4, Open and Public Meetings. Each chair shall post the time, room number, and agenda of all committee meetings in areas open to the public.

SR-24.08. Agenda to Include Tabled Bills.

Standing committee agendas shall list the bill number, title, and sponsor of any bill tabled at either of the two previous meetings. This tabled bill may be lifted from the table at either of the two meetings following the one at which it was tabled.

SR-24.09. Committees not to Meet while Senate is in Session.

No committee may meet while the Senate is in session without the President's permission or a majority approval of the Senators present.

SR-24.10. Special Committees.

Special committees, including task forces, may be formed by motion or resolution, and members shall be appointed by the President.

SR-24.11. Committee Attendance; Quorum.

(1) A majority of any committee or subcommittee constitutes a quorum for the transaction of business.

(2) The President, Majority Leader, Majority Whip, Assistant Majority Whip, Senate Rules Committee Chair, Senate Appropriations Committee Chair, Minority Leader, Minority Whip, and Assistant Minority Whip, and the fourth member of leadership from the minority party are not counted in determining a quorum for standing committees, except for meetings that the legislator actually attends.

SR-24.12. Committee Responsibilities.

(1) Each committee shall send a report to the Senate on each bill referred to it. With a majority vote, the committee may transmit bills with a favorable recommendation. Bills may be amended, held, tabled, returned to the Senate Rules Committee, or substituted in committee. Any bill tabled in committee shall be held until a motion is made to remove it from the table. Any tabled bill not lifted at its second committee meeting after tabling shall be sent to the Secretary of the Senate for filing. A tabled bill can be lifted from the Secretary of the Senate or its assigned standing committee by a two-thirds vote of those Senators present on the floor of the Senate, or the President of the Senate can reassign the bill to a standing committee.

(2) The committee may prepare a bill addressing the same subject matter to be introduced under committee sponsorship. The chief sponsor or sponsors of a bill may request in writing that committee members sponsor the measure. Upon agreement by the committee, the chief sponsor may relinquish individual sponsorship of the bill. A majority vote of the committee is required to amend, substitute, table, recommend, return a bill to the Secretary of the Senate, hold, or substitute sponsorship of a bill.

(3) A secretary shall record attendance and take minutes of committee action. The records shall be filed for three years in the office of the Secretary of the Senate.

(4) If the chair allows public comment or testimony on a bill or other matter before the committee, the chair may, or a majority of the committee may, require that any or all person's testimony be taken under oath.

(5) If in accordance with SR-24.01 the Senate Rules Committee forwards a summary report from the Occupational and Professional Licensure Review Committee in conjunction with legislation referred to a standing committee, the chair of the standing committee shall ensure that the summary report is read orally to the standing committee before action is taken by the standing committee on the legislation that is related to the summary report.

SR-24.13. Reprinting a Bill.

A committee chairman may order any bill that has been considerably amended in committee to be reprinted. This substitute bill shall be adopted by the committee prior to being reported out of committee.

If a bill has been referred to a standing committee, no substitute of that bill may be ordered officially printed until the bill is substituted by the standing committee. However, the sponsor of the substitute may have copies of the substitute bill made for limited distribution.

SR-24.14. Public Hearings.

(1) A committee may hold public hearings in addition to or instead of regular meetings. A public hearing may be held on the subject matter contained in one or more bills, resolutions, or proposals. The chair shall give notice to the public in accordance with Title 52, Chapter 4, Open and Public Meetings law. The notice shall include the bills or resolutions to be considered. The chair, subject to the approval of the committee, may adopt procedures for the orderly conduct of the hearing, including limitation on time for the hearing and for individual speakers, and the order in which speakers will be heard. By motion the committee may adjourn the public hearing and begin a regular committee meeting.

(2) When public hearings are being held, the committee may request testimony by persons who have expertise on the bills under discussion. At the direction of the chair or upon a majority vote of the committee, the testimony may be taken under oath. The oath shall be administered by the committee chair, or cochair, or committee staff. All public comment and testimony shall be received during the public comment phase of the committee meeting. Upon motion, the public comment phase of the committee meeting shall terminate. The public may not again participate except upon motion to take additional public comment.

SR-24.15. Sponsor of Bill to be Notified.

The chairman of each committee shall notify the sponsor of any bill pending before the committee of the time and place it will be considered. Before any committee acts on a bill which has been referred to it for consideration, it shall invite the chief sponsor or sponsors to explain the bill.

SR-24.16. Voting; Chair to Verbally Announce the Vote; Dissenting Members to be Reported.

(1) After the committee votes, the chair shall:

(a) determine whether the motion passed or failed;

(b) verbally announce that the motion passed or that the motion failed; and

(2) Members dissenting from a committee report may file a minority report or may be listed on the majority report as dissenting.

SR-24.17. Chairman to Preserve Order; Appeal.

The committee chairman shall decide points of order. On motion and approval by majority vote, the committee may override the chairman's decision on any point of order. The motion and action shall be entered in the committee minutes.

SR-24.18. Committee Report to Include Signature of Chairman.

All reports of bills and resolutions from a standing committee shall be signed by the chairman of the committee or a member authorized by the chairman.

SR-24.19. Committee Reports.

All business referred to a committee shall be considered within a reasonable length of time. When a bill is acted upon by a committee, a committee report detailing committee action, and the bill, shall be returned immediately to the Senate. If a bill is tabled, the Senate shall be notified. This notification requires no Senate action, as the bill shall be automatically sent to the Senate Rules Committee.

SR-24.20. Disorderly Conduct in Committee Meeting.

The chairman may order the committee room cleared of visitors if there is disorderly conduct.

SR-24.21. Obtaining the Floor in Committee.

The chairman shall recognize any member wishing to speak to the subject under consideration. The member's remarks shall be germane.

SR-24.22. Visitors.

Visitors to a committee meeting or hearing may not sit in legislators' chairs. The number of people in a committee meeting may not exceed the maximum posted by the State Fire Marshal. The chairman shall maintain that limit.

During committee meetings, visitors may not speak unless called upon by the chairman. Restrictions on time may be announced.

SR-24.23. Committee Order of Business.

Unless the chairman or majority of the committee determines otherwise, the order of business is:

(1) call to order by the chairman;

(2) approval of minutes of previous meeting;

(3) announcement of agenda;

(4) announcement of time restrictions;

(5) communications;

(6) consideration of committee business.

SR-24.24. Motions.

Senate Rules regarding motions govern committee meetings and hearings with the following exception:

(1) A motion to strike the enacting clause is never in order.

(2) A motion to circle is never in order. A bill may, however, be held in committee within the time limit imposed by SR-24.19.

SR-24.25. Motion to End Debate.

A motion to end debate in committee shall be adopted by a majority vote of the committee.

SR-24.26. Votes.

Each committee member present shall vote on every question and the vote shall be recorded in the minutes.

SR-24.27. Reconsideration of Action.

By majority vote of those present, any committee action may be reconsidered at any time prior to the committee report being sent to the Senate. However, no bill may be reconsidered by the committee more than once.

SR-24.28. Committee of the Whole.

On majority vote of those present, the Senate may resolve itself into a committee of the whole.

SR-24.29. Procedure in Committee of the Whole.

The President will be chairman and preside over the committee of the whole. Senate Rules apply, except:

(1) no Senator may speak more than twice on the same subject;

(2) roll call votes may not be taken; and

(3) no appeal may be taken from a decision of the chair.

SR-24.30. Motion to Dissolve Committee of the Whole.

A motion to dissolve a committee of the whole is always in order and shall be decided without debate.

25. THE CALENDAR AND PASSAGE OF BILLS

SR-25.01. Calendaring Interim Committee Bills.

(1) An interim committee bill that has been approved by a majority vote of the interim committee members, shall be read for the first time and referred to the Rules Committee for calendaring.

(2) The Rules Committee may refer the bill to the calendar without standing committee review, or may refer the bill to a standing committee.

(3) (a) If the Rules Committee calendars the bill without standing committee review, the sponsor or any three Senators may, within two working days, request that the bill be reviewed by a standing committee before the bill's consideration on the floor.

(b) The President shall then assign the bill to the appropriate committee.

SR-25.02. Bills Placed on Calendar.

(1) All bills reported to the Senate by committees shall be placed at the bottom of the second reading calendar or on the consent calendar in the order received.

(2) Each bill or substitute bill placed on the second reading calendar without a fiscal note shall be circled until the fiscal note is received.

SR-25.03. Consideration of Bills.

Bills on third reading calendar shall be considered in the order they appear on the calendar unless a majority vote of the Senators present directs other action.

The Secretary shall be responsible for maintaining the calendar properly listing the bills.

SR-25.04. Special Order of Business.

A bill may become a special order of business on the time certain calendar by designation of the President of the Senate or with majority approval. At the time set for consideration, the President shall place the bill before the Senate.

SR-25.05. Second Reading Calendar.

(1) After consideration of all bills on third reading calendar, bills on second reading calendar shall be considered. Each bill listed shall be read by title, unless the Senate suspends this requirement by a two-thirds vote. (cf. SR-27.16)

(2) The Secretary of the Senate or the secretary's designee shall read the committee report. A motion to adopt a "favorable" committee report places the bill before the Senate with all committee amendments. If a motion to adopt a "favorable" committee report does not receive a majority vote, the bill will be returned to the Secretary of the Senate.

(3) If a bill has not received a Senate standing committee or interim committee review and approval, the reading clerk shall note that.

(4) The final question on second reading calendar is: "Shall the bill (resolution) be read a third time?" The question shall be decided on a roll call vote. A constitutional majority vote is required to pass the bill on the second reading calendar.

SR-25.06. Bill Placed on Third Reading Calendar.

Each bill passing second reading calendar shall be placed at the bottom of third reading calendar. No bill may be read the third time until the day after its second reading.

SR-25.07. Reprinting a Bill.

Upon a motion and the approving vote of a majority of the Senators present, any bill that has been considerably amended on second reading may be ordered retyped and reprinted.

SR-25.08. Third Reading Calendar.

(1) (a) For its third reading, each bill listed shall be read by title, unless by two-thirds vote the Senate suspends this requirement. (Utah Constitution Article VI, Section 22; cf. SR-27.16)

(b) The bill shall then be considered.

(2) (a) The final question is: "This bill (resolution) has been read three times; the question is: Shall the bill (resolution) pass?"

(b) The final vote shall then be taken.

SR-25.09. Third Reading of Money Bills.

A majority of the Senate may direct the reading of the long title of all bills appropriating money.

SR-25.10. Amendments to Senate Bills.

All pages with amendments by the Senate shall be reprinted on goldenrod paper.

SR-25.11. Re-referring Bills to Committee.

A bill that has been referred to a standing committee may be re-referred as follows:

(1) by the presiding officer;

(2) upon motion from the floor; and

(3) if a bill has been reported back by the committee to which it was assigned with the recommendation that it be re-referred to the Senate Rules Committee.

SR-25.12. Action on House Bills.

When a House bill is received by the Senate with a transmittal letter informing the Senate that it has passed the House, the bill shall be read the first time and referred by the President to the Senate Rules Committee. Action on House bills is the same as for Senate bills.

If a House bill is identical to a Senate bill, the President of the Senate shall identify the bills and direct that the bill which was first requested from the Office of Legislative Research and General Counsel shall be adopted and take its place on the second reading calendar, unless otherwise directed by the majority of the body on the floor. The substitution shall be noted in the journal.

SR-25.13. Time Limit for Senate Bills.

No Senate bill, except the appropriations bills, may be considered after the 42nd day of the annual general session of the Legislature. The Senate may suspend this rule by a majority vote of its members present.

SR-25.14. Consent Calendar.

(1) (a) Standing committees may report a bill to the Senate with the recommendation that it be placed on the consent calendar, if:

(i) the sponsor has requested that the bill be placed on the consent calendar; and

(ii) the bill has the unanimous recommendation of the standing committee with a quorum present.

(b) The Secretary of the Senate shall provide appropriate forms for reporting the committee's recommendation.

(2) Upon adoption of the committee report by the Senate, the bill shall be read for the second time and placed on the consent calendar.

(3) (a) Each day, the President shall call attention to the bills on the consent calendar to determine if any Senator objects to any bill's placement on the consent calendar.

(b) Any Senator may object to the bill's placement on the consent calendar by verbal objection on the floor or by notifying the Secretary of the Senate.

(c) If three or more Senators object to a bill's placement on the consent calendar, the bill shall be removed from the consent calendar and placed at the bottom of the second reading calendar.

(4) If, after three days during which the Senate has floor time, no more than two members have registered objections to a bill on the consent calendar, the bill shall be:

(a) read for the third time;

(b) placed before the Senate; and

SR-25.15. Concurrence Calendar.

(1) (a) After the transmittal letter from the House informing the Senate that the House has amended a Senate bill is read, the bill shall be placed on the concurrence calendar.

(b) During the first 43 days of the annual general session, the bill shall remain on the concurrence calendar for at least one legislative day before the Senate may consider the question of concurrence.

(c) During the last two days of the annual general session, and during any special sessions, the bill may be considered for concurrence after giving senators a reasonable time to review the House amendments.

(2) When presented to the Senate, the question shall be: "This bill (resolution) has been read three times; the question is: Shall the Senate concur in the House amendments?"

SR-25.16. Substitute Bills or Resolutions.

If any substitution of a bill or resolution is made, that substitution shall be referred to the Office of Legislative Research and General Counsel. That office shall number each substitution for record keeping and bill tracking purposes prior to its being officially printed.

27. MOTIONS

SR-27.01. Motions to be Stated Before Debate.

When a motion is made orally, it shall be stated by the President; if the motion is made in writing, it shall be given to the Secretary and distributed to the members.

SR-27.02. Withdrawing a Motion.

After a motion is stated by the President or read by the Secretary, it is in the possession of the Senate. The motion may be withdrawn by a majority vote.

SR-27.03. No Second Required of Motions.

No second is required to any motion during any Senate floor consideration or in a Senate committee.

SR-27.04. Motion in Order During Debate.

When a question is under debate, no motion may be received except:

(1) to determine the time to which to adjourn;

(2) to adjourn;

(3) to recess with the Senator having the floor retaining the floor when the Senate reassembles;

(4) to call the Senate;

(5) to refer to a committee (commit or recommit);

(6) to table;

(7) to circle;

(8) to postpone to a time certain;

(9) to amend.

Questions of privilege, order, and an appeal are also in order during debate.

These several motions have the priority listed in this rule.

During roll call, no motion or other business is in order until after the announcement of the result of the vote.

SR-27.05. Motion to Adjourn.

(1) A motion to adjourn is always in order except:

(a) when a vote is being taken;

(b) when a previous motion to adjourn has been defeated and no intervening business has been transacted; or

(2) If a motion for adjournment has been made, no substitute motion for adjournment is in order. However, a motion for adjournment may be held by the President with the approval of the sponsor of the original motion.

SR-27.06. Motion to Table.

A motion to table a bill holds the bill until a successful motion is made to remove it from the table. A bill may be taken from the table by motion at any time.

SR-27.07. Motion to Circle.

A motion to circle any bill temporarily holds the bill in place on the calendar.

SR-27.08. Motion to Postpone.

If a motion to postpone to a day certain or indefinitely or to refer a matter to committee is defeated, such motion may not be renewed on the same day, or during the same reading of a bill.

SR-27.09. Motion to Strike Enacting Clause.

A motion to strike the enacting clause of a bill has precedence over a motion to amend. If carried, this motion defeats the bill.

SR-27.10. Filling Blanks.

When a blank is to be filled on a bill with a sum or a time, those motions proposing the least sum and the shortest time are given precedence.

SR-27.11. Motion or Amendment Must be Germane.

A substitute motion or amendment must be germane to the original motion.

SR-27.12. Motion to Refer to Committee, Postpone, or Table.

A motion to refer to committee, to postpone indefinitely, to postpone to a day certain, or to table precludes consideration of all amendments and debate on the main question.

SR-27.13. Nondebatable Motions.

A motion to adjourn, circle, recess, table, or take from the table shall be decided without debate. All questions of order arising from one of the above motions shall also be decided without debate.

SR-27.14. Division of a Question.

If a question in debate contains several points, a Senator may have the question divided. The motion to divide must clearly state how the question is to be divided. A motion to strike out and insert is not subject to division. However, the rejection of a motion to strike out and insert one proposition does not preclude a motion to strike out and insert a different proposition.

The President or his designee shall determine how many divisions may be made to any question. The body may seek to overrule this decision only once.

SR-27.15. Substitute Motions.

A substitute motion, if adopted by a majority of the Senators present, disposes of the original motion.

SR-27.16. Constitutional Motion.

(1) At the beginning of each session of the Senate, before the reading of any bill or resolution, the Senate Rules Committee chair shall make the following motion:

"Mr. (Madam) President, as allowed by the Utah Constitution and the Joint Rules of the Legislature, I move that the Senate continue its practice of reading only the short title of bills and resolutions as they are introduced or considered on a Senate calendar and not read the long title of the bills and resolutions unless a majority of the Senate directs the reading of the long title, short title, or both of any House or Senate bill or resolution."

(2) At the beginning of each daily journal, the Journal Clerk shall record the page on which the motion to suspend reading of titles of bills and resolutions is made.

28. DEBATE

SR-28.01. Senators Not to Speak More than Twice.

Without permission from the Senate, no Senator may speak more than twice on the same bill, each amendment, or substitution in any one debate on the same day and on the same reading of the bill. Senators who have spoken once are not entitled to the floor again, except for explanation, if any Senator who has not spoken wishes to speak.

SR-28.02. Interruptions and Questions.

No Senator shall interrupt or question another Senator in debate without the Senator's consent. To obtain such consent, the Senator shall first address the President and receive the consent of the member through the President.

SR-28.03. Sponsor May Open and Close Debate.

The chief sponsor of any legislation or motion shall open and close debate.

SR-28.04. Committee Chairman to Report Findings.

The President shall, if requested during debate on a bill, have the chairman of the standing committee to which the bill was assigned report the recommendations of the committee to the Senate.

SR-28.05. Previous Question.

The motion for the previous question, which is a call for an end to debate and a vote on the matter under discussion, may not be entertained on the floor of the Senate.

29. AMENDMENTS AND SUBSTITUTIONS

SR-29.01. Amendments and Motions in Writing; Length Restrictions.

(1) (a) All floor amendments that are more than ten words shall be typewritten on tan paper and distributed to the Secretary, the Reading Clerk, and to all Senators before the amendment is proposed.

(b) All other motions except motions to adjourn, circle, table, or refer to committee, shall be written if requested by any Senator.

(2) All committee amendments that are more than 25 words shall be typewritten and distributed to the committee members and committee staff before the amendment is proposed.

SR-29.02. Passage of Amendments by a Majority Vote.

A constitutional amendment, resolution, or bill requiring a vote of two-thirds of the Senators for final passage, may be amended by a majority vote.

SR-29.03. Amendments in Order on Second and Third Reading.

Amendments or substitutions are in order on the second and third readings of any bill.

SR-29.04. Senate Action on Committee Amendments.

Amendments or any substitution made in committee are part of the bill upon adoption of the committee report by the Senate.

SR-29.05. Amendments Referred to Committees to be Reported.

When a bill is referred to committee with amendments or a substitution pending, action on the amendments or substitution shall be reported to the Senate.

SR-29.06. Order of Action.

If a motion for an amendment or substitution is made, the Senate shall first consider the amendment or substitution, before turning its attention to the bill itself.

30. VOTING

SR-30.01. Senators Required to Vote.

All Senators within the Senate chamber when a vote is being taken shall vote. Immediately preceding the roll call, a Senator may make a brief statement explaining any conflict of interest. Any Senator may briefly explain a vote.

SR-30.02. Senators Not to Vote Unless Present.

Senators may not vote on a bill or motion unless present in the Senate chamber. If the vote is by roll call or division, a Senator entering the chamber after the question is posed, and before it is decided, may have the question stated and vote.

SR-30.03. Roll Call on Final Passage of Bills; When Required; Procedure.

The vote on final passage of all bills is by roll call. The Senators shall be called alphabetically, except the President, who is called last. A roll call vote on other questions shall be taken if requested by any Senator. Senators absent shall be so recorded.

SR-30.06. Number of Votes Required for Passage.

A majority vote is a majority of those present, except for passage of a bill, which requires 15 votes. All matters requiring a constitutional majority require 15 votes. All matters requiring a constitutional two-thirds require 20 votes. All motions which require a two-thirds vote may only be suspended by that same two-thirds vote.

SR-30.07. Voting or Changing Vote After Decision Announced.

After a roll call vote is announced on any question no Senator may vote or change his vote, unless there is unanimous consent of the Senators present and the result of the vote is not changed.

SR-30.08. Changing Votes Before Decision Announced.

Any Senator may change his vote before the decision is announced by the chair. All Senators must vote within the time limit fixed by the President.

SR-30.09. Putting the Question; Division.

The President shall pose questions in this form: "Those in favor (of the question) say aye." After the affirmative vote is counted, the President shall say: "Those opposed, say nay." The negative vote shall be counted. If the President questions the result of the count, or if a division is called for, those voting aye shall stand and be counted first, followed by those voting nay standing and being counted.

SR-30.10. Consent Calendar.

(1) The President shall pose the question on each consent calendar bill in the following form:

"The President has determined that a quorum is present.

Those who favor the question say, aye.

Does the chair hear a single dissenting nay to the question?"

(2) If the President hears no nays to the question, a unanimous vote of the Senators present shall be recorded in favor of the legislation.

(3) If the President hears any nays to the question, a roll call vote shall be taken immediately.

(4) Notwithstanding the requirements of Subsection (3), any Senator may make a motion before the roll call vote is taken to remove the bill from the consent calendar and place it on the bottom of the third reading calendar.

(5) Nothing in this section prevents a Senator from challenging the ruling of the chair or asking for a vote on any question.

31. CALL OF THE SENATE

SR-31.01. Call of the Senate.

Any five Senators may demand a call of the Senate to compel absent Senators to be present in the Senate chamber.

SR-31.02. Motion for Call of the Senate.

When a motion is made for a call of the Senate, the President shall say: "It requires five Senators to make a call of the Senate. Those in favor of the call stand."

SR-31.03. Leaving the Chamber.

No Senator may leave the chamber when a call of the Senate is ordered. The doors of the Senate chamber shall be closed.

SR-31.04. Sergeant-at-Arms to Bring Absent Senators.

The President shall call the roll of the Senate and the Secretary shall note the absentees. At the President's direction, the Secretary shall furnish the Sergeant-at-Arms a list of those who are absent without leave. The Sergeant-at-Arms shall find the absent Senators and escort them to the Senate chamber.

SR-31.05. Senate Under Call; Lifting the Call; Adjournment.

No business may be transacted while the Senate is under call, except receiving and acting on the report of the Sergeant-at-Arms. No motion is in order except a motion to adjourn or to suspend further proceedings under the call. These motions shall be by voice vote with a simple majority.

SR-31.06. Lifting the Call of the Senate.

The Sergeant-at-Arms may report on the call at any time. If the report is accepted, the call shall be lifted, and the business pending when the call was ordered shall proceed. A motion to lift the call will be by voice vote and a simple majority. If the motion is adopted, the Senate reconvenes. If the motion is not adopted, the Sergeant-at-Arms shall continue searching for the absent Senators. When all Senators are present or accounted for, the call shall be lifted without motion. The doors of the Senate chamber shall be opened and the Senate shall proceed with the order of business.

32. RECONSIDERATION

SR-32.01. Reconsideration Requires a Constitutional Majority Vote.

A motion to reconsider a vote on the final passage of a bill requires approval by a constitutional majority of Senators. Upon adoption of a motion to reconsider, the bill shall be placed at the top of the calendar on which it last appeared. No bill may be reconsidered by the Senate more than once.

SR-32.02. Motion to Reconsider.