Rules of the Fifty-Sixth Legislature
State of Utah 2006
Updated February 3, 2006
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Table of Contents
JOINT RULES
INTERIM RULES
SENATE RULES
HOUSE RULES
JOINT RULES
Rules of legislative procedure are derived from several sources and take precedence in thefollowing order:(1) constitutional provisions, statutory provisions, and case law;(2) these legislative rules;(3) custom, usage, and practice; and(4) Mason's Manual of Legislative Procedure.
(1) (a) At the beginning of each legislative session, the Legislature shall adopt JointRules and the Interim Rules by a constitutional two-thirds vote of all Senators andRepresentatives.(b) Except as provided in Subsection (1)(c), after the initial adoption of Joint and InterimRules, the Legislature may adopt additional Joint and Interim Rules or amend or repeal existingJoint or Interim Rules by a constitutional majority vote.(c) The Legislature may adopt or amend a Joint or Interim Rule that includes a votingrequirement of more than a constitutional majority only by a constitutional two-thirds vote of allSenators 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(c) recommend to the Legislature any modifications that they consider necessary.
(1) The Legislature shall convene:(a) on the date set by the Utah Constitution for the beginning of the annual generalsession; or(b) on the date set by the Governor in the proclamation that calls the Legislature intospecial session.(2) The Legislature shall convene by:(a) each house being called to order;(b) having an invocation;(c) reciting the pledge of allegiance;(d) reading the certificates of election and giving the oath of office to legislators, ifnecessary;(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 23.03governs on all legislative days other than the day on which the Legislature convenes.
Immediately after the organization of the Senate and House of Representatives at thebeginning of each session of the Legislature, each house shall appoint a committee composed ofthree legislators to notify the other house that it is organized and ready to transact business.
Upon a motion of the respective houses, a joint committee consisting of three Senatorsand 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.
(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 membersof the legislative body have expired; or(c) the Legislature adjourns sine die.(2) As provided in Utah Constitution, Article VI, Section 15, neither house may adjournfor more than three days unless the other house consents by majority vote.
(1) (a) If the Legislature is meeting until midnight on the last day of any session, theSpeaker and the President shall, at midnight, announce the time to the members of theirrespective 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 havecompleted their work;(b) a joint committee has notified the Governor that the Legislature has completed itswork; and(c) the Governor has informed the joint committee that he has nothing further to presentto the Legislature.
(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 andHouse of Representatives.(2) (a) The Senate Secretary or her designee shall ensure that adopted Senateamendments are inserted in the bill on goldenrod paper.(b) The Chief Clerk of the House or her designee shall ensure that adopted Houseamendments are inserted in the bill on lilac paper.
(1) Each house shall:(a) keep a journal of its proceedings;(b) publish the journal daily;(c) ensure that its journal is continuous during the legislative session, with pagesnumbered in consecutive order;(d) ensure that the vote on final passage of each bill is by yeas and nays and is enteredupon the journal;(e) ensure that the vote on any other question is by yeas and nays and is entered upon thejournal 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 DocketClerk and the electronic recording of those proceedings.(2) The Secretary of the Senate and the Chief Clerk of the House of Representatives shallprovide a final certification of the journal for their respective house.
(1) As used in this rule:(a) "Legislative business" means activities performed by a legislator, during thelegislator'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 ofRepresentatives designed and adopted by each body to authenticate official communications ofthe body or its members.(2) (a) Each legislator shall ensure that, in using the legislative seal, the reputation andintegrity of the legislative institution is preserved.(b) A legislator may use the legislative seal for legislative business on personalizedlegislative stationary, business cards, and on other documents.(c) The legislative seal may not be used on any political campaign materials.(d) A person may not use the seal for any purpose once the person ceases to be alegislator.(3) The Senate and House shall provide to a member, upon request, an electronic orcamera-ready copy of the legislative seal.
Except as otherwise provided in this chapter, rules adopted by each house of theLegislature during the immediately preceding annual general session apply to the conduct of thathouse during a special session.
Legislation authorized by the Governor's special session proclamation may be introducedin either house at any time during a special session of the Legislature.
A motion to reconsider a piece of special session legislation may be made at any timeduring that special session of the Legislature.
(1) A bill passed by the Legislature and vetoed by the Governor shall be reconsideredfirst 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 beplaced on the third reading calendar.(b) The Legislature may not amend or otherwise modify a vetoed bill or item ofappropriation.(3) If a constitutional two-thirds of the members elected to the first house vote to pass thebill, 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 thebill, the bill becomes law.
(1) (a) If the Legislature is prevented by adjournment sine die from reconsidering anyvetoed bill or item of appropriation vetoed by the Governor, the President of the Senate and theSpeaker of the House shall poll their respective members by mail or other means to determine ifthe Legislature shall convene to reconsider vetoed legislation.(b) Each member shall respond to the poll in writing, by telephone, or other availablemeans.(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, uponrequest, 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 vetooverride session, the Legislature shall convene in a veto override session not to exceed fivecalendar 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 theadjournment of the session at which the bill or appropriation item under consideration waspassed.(4) (a) The presiding officers shall issue the call of the veto override session of theLegislature to their members.(b) The call shall contain a list of each bill and appropriation item vetoed by theGovernor and the date and time for convening the veto override session.(5) The Legislature shall consider the vetoed bills and appropriation items according tothe process outlined in JR2-2-101.
The Legislature may consider only bills or appropriation items vetoed by the Governorand may not consider any bill or appropriation item that was not vetoed by the Governor.
Except as otherwise provided in this chapter, the rules adopted by each house of theLegislature during the immediately preceding annual general session apply to the conduct of thathouse during a veto override session.
(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 thejoint convention is called.(b) Joint conventions shall be held in the chambers of the House of Representatives, withthe 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 Representativesshall:(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 ofany business other than that for which they were assembled.
(1) The House Rules govern the proceedings in joint convention except those HouseRules that are clearly not applicable.(2) (a) Absent House members may be compelled to attend joint conventions underHouse Rules.(b) Absent Senate members may be compelled to attend joint conventions under SenateRules.(c) The Sergeant-at-Arms of each house shall attend joint conventions to compel theattendance of absent members if called upon.(3) Joint conventions may adjourn from time to time as necessary.
Committees of the Legislature meeting jointly shall be organized and operate under theInterim Rules, as applicable.
Each standing, appropriation, and interim committee, meeting jointly, shall have at leasttwo Senators and at least two Representatives in its membership.
(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(c) verbally identify by name either the committee members who voted "yes" or thecommittee members who voted "no."(2) Members dissenting from a committee report may file a minority report or may belisted on the majority report as dissenting.
The chairs of like committees in each house may convene joint committee meetings andhearings on legislative subjects of common interest.
The Joint Appropriations Committee of the Legislature consists of all the members of theLegislature.
(1) The members of the Joint Appropriations Committee shall be divided into thefollowing subcommittees:(a) Capital Facilities and Administrative Services;(b) Commerce and Revenue;(c) Economic Development;(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 shallappoint their respective members to each subcommittee.(3) The Retirement and Independent Entities Subcommittee shall have the samemembers 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 ofbusiness.(b) In determining a subcommittee quorum, a majority is at least 50% in one house andmore 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% inthe other house in attendance.
(1) There is created an Executive Appropriations Committee consisting of 20 memberscomposed of:(a) three members of the majority leadership of the Senate and four members of themajority leadership of the House;(b) two members of the minority leadership of the Senate and three members of theminority leadership of the House;(c) the chair and vice chair of the Senate Appropriations Committee and the chair andvice chair of the House Appropriations Committee; and(d) (i) one member from the majority party of the Senate as appointed by the President ofthe Senate or as chosen by the Senate majority caucus;(ii) two members from the minority party of the Senate as appointed by the Senateminority leader or as chosen by the Senate minority caucus; and(iii) one member from the minority party of the House as appointed by the Houseminority leader or as chosen by the House minority caucus.(2) (a) Except as provided in Subsection (2)(b), a member of the ExecutiveAppropriations Committee, whose membership is determined under Subsection (1)(a) or (b), mayappoint a designee to permanently serve in that individual's place if:(i) the person is a member of the majority party and the designee is approved by theSpeaker or the President; or(ii) the person is a member of the minority party and the designee is approved by theHouse or Senate minority party leader.(b) (i) Except as provided in Subsection (2)(b)(ii), the Senate vice chair and the Housevice chair may not vote, unless either has been appointed as a designee under Subsection (2)(a).(ii) When the Senate or House chair of the Executive Appropriations Committee isabsent, the Senate vice chair or the House vice chair may vote.(3) (a) A majority of the Executive Appropriations Committee is a quorum for thetransaction of business.(b) In determining a committee quorum, a majority is at least 50% in one house and morethan 50% in the other.(4) (a) In all decisions of the Executive Appropriations Committee, a majority voteprevails.(b) A majority vote is at least 50% of the members of one house and more than 50% ofthe members of the other house in attendance.(5) The Office of Legislative Fiscal Analyst shall staff the Executive AppropriationsCommittee and its subcommittees.
(1) (a) The Executive Appropriations Committee shall meet no later than the thirdWednesday 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 itsbudget; and(iv) set a budget figure.(b) The chairs of each appropriation subcommittee are invited to attend this meeting.(2) Appropriations subcommittees may not meet while the Senate or House is in sessionwithout special leave from the Speaker of the House and the President of the Senate.(3) All proposed items of expenditure to be included in the appropriations bills shall besubmitted to one of the subcommittees named in JR3-2-302 for consideration andrecommendation.(4) (a) After receiving and reviewing subcommittee reports, the ExecutiveAppropriations Committee may refer the report back to an appropriations subcommittee with anyguidelines the Executive Appropriations Committee considers necessary to assist thesubcommittee in producing a balanced budget.(b) The subcommittee shall meet to review the new guidelines and report the adjustmentsto the chairs of the Executive Appropriations Committee as soon as possible.(5) (a) After receiving the reports, the Executive Appropriations Committee chairs willreport 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 the38th day of the annual general session.
(1) (a) During the interim, the Executive Appropriations Committee shall meet at leastevery other month on the day before interim meetings.(b) The appropriations subcommittee chairs may attend these meetings and provide inputregarding their budget.(2) Appropriation subcommittees shall meet at least once during the interim and mayalso hold additional meetings if authorized by the Legislative Management Committee.
(1) Each year, the Executive Appropriations Committee shall:(a) select a state agency, institution, or program to be the subject of an in-depth budgetreview; and(b) direct an appropriation subcommittee to conduct the in-depth budget review of theagency 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 ofthat agency, institution, or program; and(c) present its findings and recommendations to the Executive AppropriationsCommittee.
(1) (a) If the Senate refuses to concur in the House amendments to a Senate bill, theSecretary of the Senate shall notify the House of the refusal and ask the House to recede from itsamendments.(b) Either house may recede from its position on any difference existing between the twohouses by a majority vote of its members.(c) If the House refuses to recede, the Speaker shall appoint a conference committee ofthree.(d) If the Speaker does not immediately appoint a conference committee, the Presidentmay appoint a conference committee.(e) Whenever the President or Speaker appoint a conference committee, the Secretary ofthe 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 shallappoint a conference committee of three.(2) (a) If the House refuses to concur in the Senate amendments to a House bill, the ChiefClerk of the House shall notify the Senate of the refusal and ask the Senate to recede from itsamendments.(b) Either house may recede from its position on any difference existing between the twohouses by a majority vote of its members.(c) If the Senate refuses to recede, the President shall appoint a conference committee ofthree.(d) If the President does not immediately appoint a conference committee, the Speakermay appoint a conference committee.(e) Whenever the President or Speaker appoint a conference committee, the Secretary ofthe 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 shallappoint a conference committee of three.(3) (a) The first Senator named on the conference committee is the Senate chair of thecommittee, 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 themajority party.(c) The conference committee chairs shall:(i) arrange the time and place of all meetings; and(ii) direct the preparation of reports.
(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 theconference committee meeting to assist in the preparation of the committee report.(3) (a) Subject to Subsection (3)(b), conference committee meetings are open to thepublic.(b) Public comment may not be received or made during a conference committeemeeting unless a majority of committee members from one house and at least 50% from the otherhouse vote to receive public comment.(4) (a) A majority of committee members from each house must approve a conferencecommittee report in order for it to be presented to the Legislature.(b) (i) If the conference committee cannot reach an agreement, the committee shall reportthe failure to agree to both houses.(ii) Upon notice that a conference committee has failed to agree, the presiding officer ofeach 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 bereviewed again by either house during the remainder of the session, each house shall vote torefuse further conferences by the same committee or a new committee.
(1) The conference committee's report shall be in writing.(2) (a) Subject to Subsection (2)(b), the committee may report any modifications oramendments to the bill that they think advisable.(b) A conference committee may not consider or report on any matter except those atissue between the two houses.(3) (a) If the bill being discussed by the conference committee is a House bill, the Senateconference 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 Houseconference 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 shallbe 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 tothe other house, along with a letter explaining its action.(c) Before a house's vote is taken on the conference committee report, the report shall beread.
If the members of the conference committee do not meet in a timely manner after beingappointed, the presiding officers of both houses may appoint a new conference committee anddisband the original conference committee.
As used in these rules, "bill" includes bills and, unless the word "resolution" is also used,joint resolutions proposing amendments to the Utah Constitution, other joint resolutions,concurrent resolutions, House resolutions, and Senate resolutions. Notwithstanding thisdefinition, a resolution is not a bill within the meaning of a bill under Utah Constitution ArticleVI, Section 22.
As used in these rules, "resolution" includes joint resolutions proposing amendments tothe Utah Constitution, other joint resolutions, concurrent resolutions, House resolutions, andSenate resolutions.
(1) Joint resolutions are those matters to be considered by both houses of the Legislature.(2) Concurrent resolutions are those matters to be considered by both houses of theLegislature that require a concurrence by the Governor.(3) House resolutions are those matters to be considered only by the Utah House ofRepresentatives.(4) Senate resolutions are those matters to be considered only by the Utah Senate.
All bills shall be typewritten or printed on paper 8-1/2 by 11 inches and shall have thearrangement and wording as prescribed in these rules.
Every bill shall contain:(1) a designation;(2) a short title;(3) the year and type of legislative session in which the bill is to be introduced;(4) the phrase "State of Utah";(5) the sponsor's name, after the heading "Chief Sponsor:";(6) if the bill is a House bill that has passed third reading in the House, the Senatesponsor's name after the heading "Senate Sponsor:";(7) if the bill is a Senate bill that has passed third reading in the Senate, the Housesponsor's name after the heading "House Sponsor:";(8) a long title, which shall include a list of sections affected;(9) an enacting clause;(10) the subject matter, given in one or more sections; and(11) special clauses including, if necessary, an effective date.
Every resolution shall contain:( 1) a designation;(2) a short title;(3) the year and type of legislative session in which the resolution is to be introduced;(4) the phrase "State of Utah";(5) the sponsor's name, after the heading "Chief Sponsor:";(6) if the resolution is a House resolution that has passed third reading in the House, theSenate sponsor's name after the heading "Senate Sponsor:";(7) if the resolution is a Senate resolution that has passed third reading in the Senate, theHouse sponsor's name after the heading "House Sponsor:";(8) a long title, which shall include a list of legislative rules or constitutional sectionsaffected, if applicable;(9) a resolving clause;(10) preamble or statement of purpose or policy;(11) basic provisions; and(12) special clauses including, if necessary, an effective date.
The designation shall be a heading comprising:S. B. (or H. B.) No.S.J.R. (or H.J.R.) No.S.C.R. (or H.C.R.) No.S.R. (or H.R.) No.
Every bill shall have:(1) a short title which is a short, common description of the bill; and(2) a long title, which is a clear but brief general description of the subject matter in thebill that includes each section of the Utah Code affected by the bill.
Except for the appropriation bill and any supplemental appropriation bills, every billwhich has provisions appropriating funds shall include in the title the sum proposed to beappropriated.
(1) The long title of a bill shall be printed in the journal only upon introduction in theoriginating house.(2) Thereafter, the bill may be designated by number and the short title.
The list of sections affected in the long title of a bill shall cite the sections of statutesproposed to be amended, enacted, repealed and reenacted, renumbered and amended, andrepealed.
The long title of a bill is followed by an enacting clause in the following form:Be it enacted by the Legislature of the state of Utah:
Each resolution shall contain a resolving clause in one of the following forms:(1) in a joint resolution proposing an amendment to the Utah Constitution, or to theSupreme Court's rules of procedure or evidence following the list of sections or rules affected:"Be it resolved by the Legislature of the state of Utah, two-thirds of all members electedto each of the two houses voting in favor thereof:"(2) in a joint resolution:"Be it resolved by the Legislature of the state of Utah:"(3) in a concurrent resolution:"Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:"(4) in a House or Senate resolution:"Be it resolved by the House of Representatives (or Senate) of the state of Utah:"
The Legislature may attach conditions to items of appropriation in appropriations bills.
When a bill enacts new legislation, all the new language in the bill shall be underlined.
In a bill where statutory sections are amended, all language to be omitted must appearbetween brackets [-] and all new language added must be underlined. The new languageunderlined in the bill also includes sections enacted, and repealed and reenacted.
(1) When an amendment is adopted in the Senate, the Senate amendment shall be notedin the bill with additional spacing and markers indicating the beginning and ending of theadopted Senate amendment.(2) When an amendment is adopted in the House, the House amendment shall be notedin the bill with additional spacing and markers indicating the beginning and ending of theadopted House amendment.(3) When another section from the Utah Code is added through the amendment process,only new language that is different from the code section cited is underlined.
No bill may be amended or substituted unless the changes are germane to the purpose ofthe original bill.
An early effective date is not required in a bill unless the bill is to take effect prior to theend of 60 days after adjournment of the session. If a bill contains an early effective date, it shallbe in the following form:(1) "This act takes effect upon approval by the governor, or the day following theconstitutional time limit of Article VII, Section 8 without the governor's signature, or in the caseof a veto, the date of veto override."(2) "This act takes effect on (date prior to the end of 60 days)."The early effective date in a bill is effective only if the bill is passed by a vote oftwo-thirds of all the members elected to each house. If the bill receives a constitutional majorityvote, but less than a two-thirds vote of all the members elected to either house, the bill passeswithout the early effective date being given effect.
If a bill is to take effect later than 60 days following adjournment of the session at whichit was passed, it shall be in the following form:"This act takes effect on (date more than 60 days after adjournment of the session)."A delayed effective date may take effect with the approval of a majority of the memberselected to each house.
In certain limited circumstances, a bill may be given retrospective operation. If a tax billis to be given a retrospective operation, it shall be in the following form:"This act has retrospective operation for taxable years beginning on or after (normallyname a tax year beginning January 1)."Other bills with retrospective operation shall be in the following form:"This act has retrospective operation to ( give date )."A bill which operates retrospectively and which bill becomes law 60 days after theadjournment of the session at which it passed shall be given effect if it receives the approval ofthe majority of all the members elected to each house of the Legislature.
(1) Unless otherwise directed by the Legislature, a bill becomes effective on the dayfollowing the 60th day after adjournment of the session at which it passed. This 60 days beginsto run the day after the Legislature adjourns sine die.(2) Unless otherwise directed by the Legislature, a resolution becomes effective on theday that the resolution receives final approval from:(a) the House of Representatives or the Senate, if it is a single house resolution;(b) both the House of Representatives and the Senate, if it is a joint resolution; or(c) the House of Representatives, the Senate, and the Governor, if it is a concurrentresolution.
(1) (a) A legislator desiring to introduce a bill that enacts, amends, or repeals statutesshall file a Request for Legislation with the Office of Legislative Research and General Counselwithin the time limits established by JR-19.02.(b) A legislator desiring to obtain funding for a project, program, or entity, when thatfunding request does not require that a statute be enacted, repealed, or amended, may not file aRequest for Legislation but instead shall comply with the procedures and requirements ofJR-4.22.1.(c) The request shall designate:(i) the chief sponsor who is knowledgeable about and responsible for providing pertinentinformation as the bill is processed; and(ii) any supporting legislators who wish to cosponsor the bill.(2) (a) When a member files a Request for Legislation, the Office of LegislativeResearch and General Counsel shall:(i) review the request and any accompanying bill; and(ii) with the approval of the sponsor, prepare the legislation for introduction by makingany changes necessary to:(A) ensure that it is in proper legal form;(B) remove any ambiguities;(C) avoid constitutional or statutory conflicts;(D) insure a uniform system of punctuation, capitalization, numbering, and wording;(E) eliminate duplication and repeal of laws directly or by implication;(F) correct defective or inconsistent section and paragraph structure in arrangement ofthe subject matter of existing statutes;(G) eliminate all obsolete and redundant words; and(H) correct obvious errors and inconsistencies in punctuation, capitalization, numbering,and wording.(b) Legislative General Counsel shall indicate on the first page of the bill the draftingattorney's approval of the bill.(3) The Office of Legislative Research and General Counsel shall send an electroniccopy of the approved bill to:(a) the Chief Clerk or the Secretary; and(b) the Legislative Fiscal Analyst.(4) (a) As used in this Subsection (4):(i) (A) "Legislative committee" means a committee, commission, task force, or otherpolicy or advisory body that is created by statute, legislation, or by the Legislative ManagementCommittee and that is composed exclusively of legislators.(B) "Legislative committee" does not mean a standing committee.(C) Notwithstanding Subsection (4)(a)(i)(B), "Legislative committee" includes the RulesCommittee.(ii) "Mixed committee" means a committee, commission, task force, or other policy oradvisory body that is:(A) created by statute, legislation, or by the Legislative Management Committee;(B) composed of legislator members and nonlegislative members; and(C) staffed by the Office of Legislative Research and General Counsel or the LegislativeFiscal Analyst.(b) The Director of the Office of Legislative Research and General Counsel shall:(i) note on any bill reviewed by a legislative committee that the committee recommendsthe bill or has voted the bill out without recommendation;(ii) note on any bill reviewed by a mixed committee:(A) the number of legislators and nonlegislators on the mixed committee;(B) the number of legislators who voted for and against recommending the bill; and(C) that the committee recommends the bill or has voted the bill out withoutrecommendation; and(iii) ensure that the note is printed with the bill.(5) (a) Any Request for Legislation filed directly with the Office of Legislative Researchand General Counsel, with an accompanying bill, shall be reviewed and approved by it withinthree legislative days.(b) A legislative review note shall be attached to the bill, together with any interimcommittee note.(c) This three day deadline may be extended if the Director of the Office of LegislativeResearch and General Counsel requests it and states the reasons for the delay.(6) (a) (i) When the Legislative Fiscal Analyst receives the approved bill, that office hasthree legislative days to review the bill and provide a fiscal note to the sponsor of the legislation.(ii) The fiscal note may be printed 24 hours after it has been sent to the sponsor unlessthe fiscal note is sent on a Friday, in which case the 24-hour period does not expire until thefollowing Monday.(iii) The sponsor may:(A) approve the fiscal note;(B) direct an earlier release of the fiscal note for printing;(C) direct that the fiscal note be held; or(D) if the sponsor disagrees with the fiscal note, contact the Legislative Fiscal Analyst todiscuss that disagreement and provide evidence, data, or other information to support a revisedfiscal note.(iv) The fiscal analyst shall make the final determination on the fiscal note.(v) If the Legislative Fiscal Analyst determines the bill has no fiscal impact, it may beordered printed immediately after the sponsor has received a copy of the fiscal note, without a24-hour delay.(b) The three day deadline for the preparation of the fiscal note may be extended if theLegislative Fiscal Analyst requests it and states the reasons for the delay.(c) The fiscal note shall be printed with the bill.(7) (a) The reports of the Legislative Fiscal Analyst and the Office of LegislativeResearch and General Counsel shall be attached to the original copy of the bill.(b) The report is not an official part of the bill.
(1) (a) A legislator desiring to obtain funding for a project, program, or entity that has notpreviously been funded, or to obtain additional or separate funding for a project, program, orentity, shall file a signed Request for Appropriation with the Office of Legislative Fiscal Analystwithin the time limits established by JR-19.02.(b) The request shall designate:(i) the project, program, or entity to be funded;(ii) the source for the funding;(iii) the chief sponsor, who is knowledgeable about and responsible for providingpertinent information as the appropriation is processed;(iv) supporting legislators, if any, who wish to cosponsor the appropriation; and(v) the appropriation subcommittee to which the sponsor wishes the request to beassigned, if any.(2) (a) When a member files a Request for Appropriation, the Legislative Fiscal Analystshall review the request.(b) If the request requires that a statute be enacted, amended, or repealed, the LegislativeFiscal Analyst shall immediately transfer the request to the Office of Legislative Research andGeneral Counsel as a Request for Legislation.(c) If the request does not require that a statute be enacted, amended, or repealed, theLegislative 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 Housemember; or(ii) the Senate chair of the Executive Appropriations Committee, if the sponsor is aSenator.(d) The House or Senate chair of the Executive Appropriations Committee shall refer therequest to the appropriate joint appropriations subcommittee.(3) Each joint appropriations subcommittee that receives a Request for Appropriationshall:(a) allow the sponsor to present and discuss the request with the subcommittee;(b) discuss the request; and(c) either:(i) include all or part of the requested appropriation in the budget recommendation madeto the Executive Appropriations Committee;(ii) reject the request; or(iii) recommend to the Executive Appropriations Committee that all or part of therequested appropriation be placed on a funding prioritization list as may be established by theExecutive Appropriations Committee.
(1) If an amendment or a substitute to a bill appears to substantively change the fiscalimpact of the bill, the Legislative Fiscal Analyst shall prepare an amended fiscal note for the bill.(2) If an amendment or substitute to a bill appears to substantively change the bill'sconstitutionality, an amended legislative review letter may be requested by a legislator. Thisrequest shall be by a motion in a standing committee or on the floor and shall be approved by amajority vote. This bill shall then be reviewed by the rules committee of the respective house. The rules committee shall refer the matter to the Legislative General Counsel, or shall determinethat no amended legislative review letter is necessary and refer the bill back to the standingcommittee or the floor. Once this determination has been made by the rules committee, nofurther motion for an amended legislative review letter is in order unless the bill is subsequentlyamended or a substitute bill filed. If an amended legislative review letter is requested by therules committee, when the amended letter is complete, the rules committee shall refer the billback to its originating standing committee or give this bill priority for floor action in preparingthe calendar. This amended legislative review letter shall be printed with any subsequentprinting of the bill.(3) The sponsor of a bill may request an amended fiscal note or an amended legislativereview letter and obtain it without further legislative approval.
(1) A sponsor may not file, and legislative staff may not accept, a replacement bill if:(a) the original bill has been approved by the sponsor;(b) the bill has been numbered; and(c) copies of the bill have been distributed.(2) Nothing in this rule prohibits a sponsor from preparing amendments to the originalbill or one or more substitutes of the original bill and proposing their adoption by a committee orby the entire House or Senate.
The Secretary of the Senate or the Chief Clerk of the House, or their designees, shallattach a substantial back to one copy of each bill introduced and signed by its sponsors. Thiscopy shall be the approved bill received from the Office of Legislative Research and GeneralCounsel.
In each house, each bill shall be read by short title before a vote is taken on final passage.
(1) Any legislator may prefile a bill commencing 60 days after each annual generalsession during any year when no election is pending for that legislator.(2) An incumbent legislator who is undefeated in his primary election may prefile bills,after the primary election results are final.(3) A legislator-elect may prefile a bill commencing on November 15 of eacheven-numbered year.(4) To prefile a bill, a legislator or legislator-elect shall deliver to the Office ofLegislative Research and General Counsel a copy of the bill in the form required by these rulesfor introduction during the session. The bill shall be given a number which it shall retainthroughout the following annual general session.(5) If an incumbent legislator is defeated in the general election, that legislator isineligible to prefile any bills as of that date. Any bills prefiled by the legislator prior to that timeshall be abandoned unless within 30 days after the general election another member of theLegislature assumes sponsorship of that bill.(6) If, for any reason, the sponsor of a prefiled bill is unavailable to serve in the nextannual general session, the bill shall be abandoned unless within 30 days another member of theLegislature assumes sponsorship of that bill.
All prefiled bills shall be referred as provided in Senate or House Rules. These prefiledbills may be assigned to any interim committee.During an annual general or special session of the Legislature, after a bill has beenintroduced and read for the first time it shall be referred to committee or to the floor as providedin Senate or House Rules.
As provided in Senate or House Rules, a bill may be ordered printed in the number ofcopies considered necessary. A sponsor may have copies of his filed or prefiled bills printed inthe quantity the sponsor considers necessary. As provided in Senate or House Rules, a bill maybe printed prior to receiving the interim committee note or fiscal note called for in JR-4.22.
When a bill has been printed in one house, an identical bill may not be printed in theother house, except as provided in Senate or House Rules.
During an annual general or special session, bills shall be assigned to standing or interimcommittees as provided in Senate or House Rules.
During an annual general or special session, the Chief Clerk and the Secretary of theSenate or their designees shall deliver all bills as assigned under Senate or House Rules to thechair of the appropriate standing committee or his designee.During the interim, all bills assigned under Senate or House Rules may be reported to the chairs of the appropriate interim committee.
(1) Bills referred to the appropriate standing committee in the house of origin shall beexamined, revised if necessary, and reported back to the floor.(2) During the interim, an interim committee may examine and recommend to thesponsor any changes it considers necessary to any legislation referred to it by the Senate orHouse.
Each bill which passes third reading shall be certified by the Secretary or Chief Clerk andsent to the other house. The date of transmission shall be entered on the records of the Secretaryor Chief Clerk. Any bill which has passed one house with amendments shall be retyped orreprinted in such type and on the color paper determined by each house before being transmittedto the other house.
A bill is in the possession of a house when it has been receipted. After that time, it maybe given to the other house only upon written request of that house and the concurring vote of amajority of the house having possession.
During the third and fourth days of each week, the House shall give preference to theconsideration of Senate bills appearing upon the House calendar. On those same days, the Senateshall give preference to House bills appearing on the Senate calendar.
The enacting clause shall be automatically stricken from every bill which has not passedthe Legislature before adjournment sine die of an annual general session or a special session.
If either the House or the Senate, or both, enact a resolution urging United States Houseof Representatives, Senate, or congressional action, the resolution may only be sent to:(1) the Utah congressional delegation;(2) the Speaker of the United States House of Representatives;(3) the majority leader of the United States Senate; and(4) at the request of the legislative sponsor, any member of the appropriate U.S. House orU.S. Senate committee or subcommittee.
(1) In annual general legislative sessions occurring in odd-numbered years, House Bill 1is reserved for the Annual Appropriations bill, Senate Bill 1 is reserved for a SupplementalAppropriations bill, House Bill 2 is reserved for the Executive Compensation bill, Senate Bill 2is reserved for the General Obligation Bond bill, House Bill 3 is reserved for the School Financebill, and Senate Bill 3 is reserved for the second Supplemental Appropriations bill.(2) In annual general legislative sessions occurring in even-numbered years, House Bill 1is reserved for a Supplemental Appropriations bill, Senate Bill 1 is reserved for the AnnualAppropriations bill, House Bill 2 is reserved for the General Obligation Bond bill, Senate Bill 2is reserved for the Executive Compensation bill, House Bill 3 is reserved for the secondSupplemental Appropriations bill, and Senate Bill 3 is reserved for the School Finance Bill.
Every bill which is being transmitted between the two houses shall be accompanied by atransmittal letter signed by the Secretary of the Senate or the Chief Clerk of the House ofRepresentatives, as the case may be.
When a bill which has passed in one house is rejected in the other, notice of the rejectionshall be given immediately to the house which passed the bill.
Any bill with its accompanying transmittal letter shall be sent to the other house by anofficer or employee designated by the Secretary of the Senate, if it is a Senate transmittal letter,or by the Chief Clerk, if it is a House transmittal letter. All such transmittal letters shall be inwriting, signed by the Secretary of the Senate or by the Chief Clerk of the House ofRepresentatives, respectively.
All bills shall have a note from the sponsor attached to the backed copy of the bill,indicating which legislator will sponsor the legislation in the other house. This note shall beattached to the backed copy of the bill prior to the bill being assigned to a standing committee orthe floor.
If the Senate amends and passes a House bill, the House must either "concur" or "refuseto concur" in the amendments. If the House concurs, the bill shall be voted on for final passagein the House. If the bill passes, the Chief Clerk shall notify the Senate, and the bill shall beenrolled.If the House amends and passes a Senate bill, the Senate must either "concur" or "refuseto concur" in the amendments. If the Senate concurs the bill shall be voted on for final passagein the Senate. If the bill passes, the Secretary shall notify the House, and the bill shall beenrolled.
When a bill has passed both houses, the house of its origin shall certify its final passageby the endorsement of the Secretary or Chief Clerk. This certification shall show the dates atwhich the bill passed the Senate and House, respectively, the number of votes cast for and againstit in each house, and the number of absentees.
Every bill which has passed both houses and has been certified as provided in the JointRules shall be signed first by the presiding officer of the house in which it was last voted upon,and then by the presiding officer of the other house within one legislative day of final passage. Ifa bill is passed on the final day of the legislative session, it shall be signed by the presidingofficers of each house within five days following the adjournment of the session. When a bill issigned by the presiding officers under this rule, it shall be noted in the journal, unless the sessionhas adjourned.
(1) (a) After a bill which has passed both houses has been signed by the presidingofficers, it shall be enrolled and examined by the Office of Legislative Research and GeneralCounsel and any technical errors corrected.(b) The statutory authorization of Legislative General Counsel to correct technical errorsincludes:(i) adopting a uniform system of punctuation, capitalization, numbering, and wording;(ii) eliminating duplication and repealing laws directly or by implication, includingrenumbering when necessary;(iii) correcting defective or inconsistent section and paragraph structure in arrangementof the subject matter of existing statutes;(iv) eliminating all obsolete and redundant words; and(v) correcting obvious errors and inconsistencies in punctuation, capitalization,numbering, and wording.(c) When enrolling the bill or resolution, the Office of Legislative Research and GeneralCounsel shall:(i) include the name of the House floor sponsor for Senate bills or resolutions under theheading "House Sponsor:"; or(ii) include the name of the Senate floor sponsor for House bills or resolutions under theheading "Senate Sponsor:".(2) The enrolled bill shall then be certified by the Secretary or Chief Clerk.(3) After a bill or resolution has passed both houses and has been certified, endorsed, andenrolled, three copies of the enrolled bill shall be distributed as follows: one shall be filed withthe Secretary or Chief Clerk, one shall be given to the chief sponsor of the bill, and one shall begiven to the legislative bill room.(4) Any bill which has passed both houses and has not been enrolled before theLegislature adjourns, shall be enrolled by the Office of Legislative Research and General Counselafter adjournment and shall be examined by the Secretary or Chief Clerk of the house where itoriginated.(5) Legislative General Counsel may correct technical errors in the code in finalizing thedatabase for publication.
After a bill has been signed by the presiding officers of both houses, it shall be enrolledwithout delay. The enrolled and certified bill shall be sent immediately by the certifyingSecretary or Chief Clerk to the Governor for his approval.
When the Governor informs either house that he has signed a bill, or taken any otheraction affecting both houses, the house receiving this information shall inform the other house ofthe Governor's report.
Before a bill has been signed by the presiding officers of both houses, the bill may becorrected by a motion and a constitutional majority vote from the members of both houses.
When a bill has passed both houses of the Legislature, been signed by the presidingofficers, and has been sent to the Governor for his approval, it can only be recalled by jointresolution passed by a constitutional majority vote of both houses.
When a bill is recalled from the Governor, it must be accomplished within the time theGovernor has to act on the bill, and before the Governor has signed or vetoed the bill.
Annual general sessions of the Legislature shall be held at the State Capitol in Salt LakeCity beginning on the third Monday in January. An annual general session may not exceed 45calendar days, except in cases of impeachment. Utah Constitution Article VI, Section 2.
To be eligible to the office of Senator or Representative, a person must be a citizen of theUnited States, 25 years of age, a qualified voter in the district from which elected, and a residentof the state of Utah for three years and for six months from the district from which he is elected. No person elected to the office of Senator or Representative may continue to serve in that officewhen he is no longer a resident of the district from which he was elected. Utah ConstitutionArticle VI, Section 5.
No person who holds a public office of profit or trust under authority of the United Statesor of this state may be a member of the Legislature. However, appointments in the state militia,and the offices of notary public, justice of the peace, United States commissioner, and postmasterof the fourth class are not considered offices of profit or trust within the meaning of this section. Utah Constitution Article VI, Section 6.
During the term for which a Senator or Representative was elected, he may not beappointed or elected to any civil office of profit in this state, which office was created, or theemoluments of which were increased during the term for which the Legislator was elected. UtahConstitution Article VI, Section 7.
Senators and Representatives may not be arrested during a session, for 15 days before, orin returning from a session of the Legislature except for charges of treason, felony, or breach ofthe peace. Senators or Representatives may not be questioned in any place other than legislativechambers for words used in any speech or debate in either house. Utah Constitution Article VI,Section 8.
Legislators shall receive the compensation established in Section 36-2-2 and expenses asprovided by Joint Rule.
Each house is the judge of the election and qualifications of its members. It may punishthem for disorderly conduct. With the concurrence of two-thirds of all the members elected, ahouse may expel a member for cause. Utah Constitution Article VI, Section 10.
A majority of the members of each house constitute a quorum to transact business. Lessthan a quorum may adjourn from day to day and may compel the attendance of absent members. Utah Constitution Article VI, Section 11.
Each house shall determine its own rules of procedure and choose its own officers andemployees. Utah Constitution Article VI, Section 12.
Vacancies that occur in either house of the Legislature shall be filled in the mannerprovided by law. Utah Constitution Article VI, Section 13.
Each house shall keep a journal of its proceedings. The vote on any question shall berecorded if requested by five members of that house. The proceedings of any executive sessionmay not be published. Utah Constitution Article VI, Section 14.
All sessions of the Legislature, except for Senate executive sessions, shall be public. Neither house, without the consent of the other, shall adjourn for more than three days. Neitherhouse may adjourn to any other place than the State Capitol without the consent of the otherhouse. Utah Constitution Article VI, Section 15.
A special session called by the Governor may not exceed 30 calendar days, except incases of impeachment. When any session trying cases of impeachment exceeds the number ofcalendar days the Legislature may remain in session, the legislators shall receive forcompensation only the usual per diem expenses and mileage. Utah Constitution Article VI,Section 16.
Every bill shall be read by title three separate times, unless two-thirds of the members ofthe house where the bill is pending vote to suspend this requirement. The vote on final passageof a bill shall be by yeas and nays and entered in the journal of the house where the vote occurs.To pass, a bill must have the approval of a majority vote of all the members elected toeach house of the Legislature. Except for appropriation bills and bills which codify or generallyrevise laws, no bill may be passed which contains more than one subject, which subject shall beclearly expressed in its title. Utah Constitution Article VI, Section 22.
Not later than five days following adjournment sine die, the President of the Senate andthe Speaker of the House shall sign all bills and resolutions passed by the Legislature, certifyingto their accuracy and authenticity. Utah Constitution Article VI, Section 24.
All acts shall be officially published. No act shall become effective until 60 days afteradjournment of the session during which it passed, unless the Legislature directs otherwise by avote of two-thirds of the members elected to each house. Utah Constitution Article VI, Section25.
Where a general law can be applicable, no private or special law may be enacted. UtahConstitution Article VI, Section 26.
The Legislature may not authorize any game of chance, lottery, or gift enterprise underany pretense or for any purpose. Utah Constitution Article VI, Section 27.
The Legislature may not delegate to any special commission, private corporation orassociation, any power to make, supervise, or interfere with any municipal improvement, money,property, or effects, whether held in trust or otherwise, to levy taxes, to select a capitol site, or toperform any municipal functions. Utah Constitution Article VI, Section 28.
The Legislature shall not authorize the state, any county, city, town, township, district, orother political subdivision of the state to lend its credit or subscribe to stock or bonds in aid ofany railroad, telegraph, private individual, or corporate enterprise or undertaking. UtahConstitution Article VI, Section 29.
Notwithstanding any constitutional restrictions, during an emergency resulting from anenemy attack, the Legislature is given the power and immediate duty to insure continuity of stateand local government operations. The Legislature shall provide for prompt and temporarysuccession to the powers and duties of public offices which become vacant and shall adopt anynecessary and proper measures to insure the continuity of governmental operations, includingfinancing. Temporary public officers may not act nor may the measures adopted under thissection be in contravention of the Utah Constitution or applicable law. Utah Constitution ArticleVI, Section 30.
Members of the Legislature attending interim committee meetings shall receive additionalper diem compensation and mileage at the rate provided for annual general sessions. UtahConstitution Article VI, Section 31.
The Legislature may appoint temporary or permanent employees, who are not members ofthe Legislature, for work during and between sessions. The Legislature may appoint independentlegal counsel to provide and control all legal services for the Legislature. The Legislature mayalso, by law, authorize the Attorney General to perform certain legal services for it. UtahConstitution Article VI, Section 32.
The Legislature shall appoint a Legislative Auditor to serve at its pleasure. TheLegislative Auditor has authority to conduct audits of any funds, functions, and accounts in anybranch, department, agency, or political subdivision of the state. The Legislative Auditor hassuch other related duties as prescribed by the Legislature and shall report to and be answerableonly to the Legislature. Utah Constitution Article VI, Section 33.
If the Governor disapproves a bill while the Legislature is in session, the bill shall bereturned to the house where it originated. That house shall enter the Governor's objections in itsjournal and may reconsider the bill. If the bill then passes both houses by a two-thirds vote of themembers elected to each house, it shall become law.If the Governor disapproves any bill or item of appropriation after adjournment sine dieof any session of the Legislature, the Speaker shall poll the Representatives and the Presidentshall poll the Senators about reconvening the Legislature. If two-thirds of the members electedto each house favor reconvening, the Legislature shall be convened in a session not to exceedfive calendar days. The time of the veto override session shall be set jointly by the President ofthe Senate and the Speaker of the House, and is solely for the reconsideration of the bill or itemof appropriation disapproved. Upon reconsideration, if the bill or item of appropriation passesboth houses of the Legislature by two-thirds vote of the members elected to each house, the billshall become law or the item of appropriation shall take effect. Utah Constitution Article VII,Section 8.
The Senate is vested with the judicial power of the state when it sits as a court ofimpeachment. Utah Constitution Article VIII, Section 1.
For purposes of these rules, "mileage" means the mileage reimbursement allowanceapproved by the Division of Finance for state employees.
(1) This rule governs legislative expenses when the Legislature is in annual generalsession.(2) Each legislator shall receive an expense allowance equal to the sum of the federallodging per diem rate for Salt Lake City and the federal meals and incidental expenses per diemrate for Salt Lake City.(3) (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 automobileuse or the actual cost of alternative commercial transportation.
(1) This rule governs legislative expenses for attendance at authorized legislativemeetings when the Legislature is not in session.(2) Authorized legislative meetings include special sessions, veto override sessions,interim committees and subcommittees, management committee and subcommittees, and themeetings of any other body where legislative participation is required by law or authorized by theLegislative Management Committee.(3) For each day that a legislator attends an authorized legislative meeting, the legislatorshall receive a meals and incidental expenses per diem equal to the federal meals and incidentalexpenses per diem rate for Salt Lake City.(4) (a) Each legislator shall receive transportation costs to and from the authorizedlegislative committee meeting.(b) Transportation costs shall be computed on the basis of actual mileage for privateautomobile use or the actual cost of alternative commercial transportation.(5) If attendance at the authorized legislative committee meeting necessitates overnightaccommodations, legislators shall receive reimbursement for actual lodging expenses up to thefederal lodging per diem rate for Salt Lake City.(6) The Legislative Expenses Oversight Committee established in JR-15.05 shall ensurethat legislators do not receive duplicate or improper reimbursements.
The following rules govern out-of-state travel by legislators:(1) All out-of-state travel must receive prior approval from the presiding officer, majorityleader, and minority leader of the house of which the legislator is a member as required underUtah Code Ann. Sec. 36-12-17 (1953).(2) Legislators shall receive reimbursement for all approved actual and necessaryexpenses. Legislators are required to provide supporting documentations for these expenses.(3) If a legislator elects to travel to an out-of-state destination by private automobile, thelegislator shall receive actual mileage. However, this reimbursement may not exceed the actualcost of alternative commercial transportation.
The presiding officer and the majority leader and minority leader of each house constitutea Legislative Expenses Oversight Committee for that house. The committee shall establishprocedures to implement the rules on legislative expenses, including establishing voucheringsystems and procedures for the disbursement of legislative expenses. The committee mayauthorize temporary emergency legislative expenses. The committee shall meet at leastquarterly, or at the request of any member of the committee, to review legislative expenses andtravel budgets. The committee shall submit a report to the body of their respective houses at theend of each fiscal year summarizing legislative expenses and travel for each house.
The Legislature in Utah consists of people who work part-time and must necessarily earntheir living in other jobs and professions. It is necessary to reconcile the functions of privatelyemployed legislators who have their own private interests with the maintenance of high ethicalstandards and public confidence. In seeking to balance these interests, it is necessary to avoidcontrols which might be so strict that they discourage capable and honorable persons fromentering service. It is recognized that public confidence in the Legislature should be promotedand that competent members should serve in the Legislature even though most of them haveprivate interests of various types. It is also recognized that a citizen legislator is in a differentposition in doing business with the state and its political subdivisions than a public servantwhose chief source of livelihood is derived from public funds.
(1) There is established a Senate Ethics Committee and a House Ethics Committee. These committees are to deal with any charges brought against a member of the Senate or Housefor acts which are in violation of the Code of Official Conduct or of any law, rule, regulation, orother standard of conduct applicable to the conduct of a member of the Senate or House in theperformance of legislative responsibilities, if the conduct would reflect discredit upon the Senateor House as a whole.(2) The Joint Ethics Committee shall be bipartisan, with eight members on eachcommittee. Members of these committees shall serve for two years in the following manner:(a) Senate Ethics Committee -- The chairman and three additional members shall beappointed by the President of the Senate. The co-chairman and three additional members shallbe appointed by the Senate minority leader.(b) House Ethics Committee -- The chairman and three additional members shall beappointed by the Speaker of the House of Representatives. The co-chairman and threeadditional members shall be appointed by the House minority leader.(3) If a complaint is filed against any member of the respective ethics committees, thePresident of the Senate or the Speaker of the House shall appoint another member of the Senateor House to serve in the charged member's place while the complaint is under review.(4) (a) The Senate and House Ethics Committees shall operate as both standing andinterim committees. These committees shall meet as necessary, either as called at the discretionof the chairman or by a majority vote of the committee. A majority of the committee constitutesa quorum.(b) The staff of the committees consists of the Director and Legislative General Counselof the Office of Legislative Research and General Counsel and any other members of the staff ofthat office designated by the director.
In judging its members, the Senate and House Ethics Committees have the followingguidelines:(1) (a) Members of the Senate and House shall not engage in any employment or otheractivity that would destroy or impair their independence of judgment.(b) Members of the Senate and House may not be paid by a person, as defined in JointRule 16.06, to lobby, consult, or to further the interests of any legislation or legislative matter.(2) Members of the Senate and House shall not exercise any undue influence on anygovernmental entity.(3) Members of the Senate and House shall not engage in any activity that would be anabuse of official position or a violation of trust.(4) Members of the Senate and House may engage in business or professional activity incompetition with others, but shall not use any information obtained by reason of their officialposition to gain advantage over any competition for activities with the state and its politicalsubdivisions.(5) Members of the Senate and House shall not engage in any business relationship oractivity that would require the disclosure of confidential information obtained because of theirofficial position.(6) Members of the Senate and House shall not use their official position to secureprivileges for themselves or others.(7) While in session, members of the Senate and House shall disclose any conflict ofinterest on any legislation or legislative matter as provided in JR-16.05.(8) Members of the Senate and House may accept small gifts, awards, or contributions ifthese favors do not influence them in the discharge of official duties.(9) Except as provided in Subsection (10), members of the Senate and the House mayengage in business or professional activities with the state or its political subdivisions if theactivities are entered into under the same conditions and in the same manner applicable to anyprivate citizen or company engaged in similar activities. Legislators may enter into transactionswith the state by contract by following the procedures and requirements of Title 63, Chapter 56,Utah Procurement Code.(10) (a) As also required by Section 36-19-1, a legislator, member of the legislator'shousehold, or client may not be a party to or have an interest in the profits or benefits of a statecontract when the state contract is the direct result of a bill sponsored by the legislator, unless thecontract 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 thatany person violating this section is guilty of a class B misdemeanor.
In hearing and processing all complaints, these rules govern the procedures to be followedby the Senate and House Ethics Committees:(1) (a) No information received by the committees concerning any alleged violation shallbe disclosed to the public until the member of the Senate or House charged in the violation hasreceived a Summary of the Preliminary Inquiry provided for under Subsection (4).(b) No meetings of the committees shall be open to the public except a disciplinaryhearing under JR-16.07.(2) (a) All complaints submitted to the committees shall be in writing. Each complaintshall contain the following information:(i) the name and address of the three Senators, if the respondent is a Senate member, orthree Representatives, if the respondent is a House member, who are filing the complaint, who are the complainants;(ii) the name and position or title of the person alleged to be in violation, who is therespondent;(iii) the nature of the alleged violation;(iv) any facts alleged to support the complaint, and when facts are based upon theinformation and belief of the complainants, the complaint shall state that and give the basis forthe information and belief; and(v) all documents which support the complaint as an attachment to it.(b) All complaints shall be filed directly with the President of the Senate, if therespondent is a Senator, the Speaker of the House of Representatives, if the respondent is aRepresentative, and with the appropriate ethics committee chairman.(3) (a) Within five days after receipt of the complaint, the staff of the committees shallexamine each complaint to determine if it is in compliance with Subsection (2). If the complaintis not in compliance, it shall be returned to the complainants with a copy of the legislative ruleson ethics. The complainants may resubmit the complaint. If the complaint is in compliance withthe rules, it shall be filed with the chairman and the co-chairman of the committee.Every member of the committee shall be notified of the filing of the complaint and itsavailability for inspection.(b) Within 30 days after the complaint is filed, the chairman and co-chairman shall placethe complaint on the agenda for consideration at the next committee meeting with therecommendation:(i) that the complaint be considered; or(ii) that the complaint be dismissed because it fails to allege facts which constitute aviolation.(4) (a) At the next meeting of the committee, the committee shall determine whether thealleged violation in the complaint is within the jurisdiction of the committee and whether thecomplaint merits further inquiry. The complainants and respondent shall be notified, in writing,of the action taken by the committee.(b) If the committee determines that further investigation into the matter is merited, thecommittee meeting shall become a preliminary inquiry to determine whether the violationoccurred. This preliminary inquiry is not open to the public.(c) The chairman and the Director of the Office of Legislative Research and GeneralCounsel may require, by subpoena or otherwise, the attendance and testimony of witnesses andthe production of any materials the committee considers necessary to the inquiry.(d) At the beginning of the preliminary inquiry, in order to expedite the committee'sinvestigation and to facilitate a proper resolution of the matter, the committee cochairs and therespondent may agree in writing that the procedural requirements of JR-16.07 are waived.(e) In the preliminary inquiry, the following rules apply:(i) Scope of Preliminary Inquiry. The scope of the preliminary inquiry is limited to thealleged violations stated in the complaint.(ii) Attendance of Respondent or Others.(A) During the testimony and evidentiary stage of the preliminary inquiry, the respondentand his counsel may be present.(B) Only (Senate, House, or Joint) Ethics Committee members and its staff shall bepresent during the other portions of the preliminary inquiry.(iii) Evidence. Only relevant or material evidence is admissible in the hearing. Thechairman's determination of admissibility is final and may only be overruled by a majority voteof the committee.(iv) Record. A record shall be made which includes rulings of the chair, questions of thecommittee and its staff, the testimony and responses of witnesses, sworn statements submitted tothe committee, relevant documents, and such other matters as the committee or its chairman maydirect.Except for the official record, no camera or recording device may be brought in or used inthe preliminary inquiry.(v) Committee Chairman.(A) The committee chairman is vested with the power to direct the committee in thepreliminary inquiry.(B) If a committee member objects to a decision of the chair, that member may appealthe decision to the committee by stating: "I appeal the decision of the chair." This motion isnondebatable. The chairman shall direct a roll call vote to determine if the committeemembership supports the decision of the chair. A majority vote of the committee is necessary tooverrule the decision of the chairman.(C) The chairman may set time limitations on any part of the preliminary inquiry.(vi) Testimony.(A) At the direction of the committee chairman and co-chairman the committee may hearthe testimony of the complainants, the respondent, and witnesses.(B) If a witness desires, the witness shall be permitted to make a brief opening statement.(C) Examination of a witness shall be under the direction of the committee chairman. After the witness's presentation, committee members shall question the witness, after which therespondent shall be given an opportunity to question the witness. Further examination by thecommittee, committee staff, or the respondent shall be as directed by the committee chairman.(D) The witness's disobedience to the chairman's direction to answer a questionconstitutes contempt. The chairman's direction may only be overruled by a vote of the majorityof the committee members present.The object of the Fifth Amendment privilege not to incriminate oneself is so no criminalaction will be prosecuted. If a witness cannot be prosecuted for the crime to which his testimonyrelates, it is improper for the witness to invoke the privilege.(E) The committee chairman shall direct each witness to furnish any relevant book,paper, affidavit, or other written evidence for the committee's consideration, which material thewitness has chosen to bring or the production of which has been required by subpoena ducestecum. Unless overruled by a majority vote of the committee members present, disobedience tothe chairman's direction to produce such documents in response to a subpoena duces tecumconstitutes a contempt.(F) A witness may be allowed to insert in the record sworn written statements ofreasonable length relevant to the purpose, subject matter, and scope of the investigation.(G) Unless otherwise directed by committee, all witnesses shall testify under oath.(H) Legislative General Counsel shall administer the oath to each witness.(vii) Response of Respondent. The respondent shall be given an opportunity to respond,orally or in writing, to the allegations stated in the complaint.(viii) Advice of Counsel.(A) Any witness testifying before the committee may have his counsel present.(B) When the committee seeks factual testimony within the personal knowledge of thewitness, such testimony and answers should be given by the witness himself and not suggested tothe witness by counsel. Counsel for a witness should not advise the witness during the witness'stestimony, except when specifically requested by the witness.(C) The participation of counsel at a hearing and while a witness is testifying is limited toadvising the witness of his legal rights. Counsel shall not be permitted to address the committee,ask questions of any witness, or engage in oral arguments with the committee, but must confinehis activity exclusively to private conversations of legal advice to his client. Counsel's failure toabide by these rules is grounds for counsel's exclusion from the preliminary inquiry.(ix) Contempt. A majority of the members of the committee may compel obedience tothe requirements of the committee by way of contempt proceedings begun by application to astate district court as to any person who:(A) fails to comply with a subpoena or a subpoena duces tecum;(B) refuses to answer a question relevant to the investigation which does not infringe onhis constitutional rights; or(C) is guilty of contempt on any other grounds specified in statute or recognized atcommon law.(x) Interested Persons. Upon consent of a majority of its members, the (Senate, House,or Joint) Ethics Committee may permit any person, not compelled or invited, to appear andtestify at a hearing or submit a sworn written statement of facts or other documentary evidencefor incorporation into the record.(xi) Subpoena Power. At the direction of a majority of the committee, the committeechairman may direct staff to issue subpoenas to direct the attendance of witnesses and to issuesubpoena duces tecum to direct the production of documents.(xii) Release of Testimony. The release of any testimony or other evidence presented ata closed hearing and the form and manner of such release shall be by a majority vote of allmembers of the committee. Committee members and its staff shall not publicly disclose anyother part of the preliminary inquiry.(xiii) Continuance of Preliminary Inquiry. If a majority of the committee determines thatfurther evidence and testimony are necessary, they may adjourn and continue the preliminaryinquiry hearing to a future date, which date shall be established by a majority of the committee.(xiv) Burden of Proof.(A) If, at the conclusion of the preliminary inquiry in which the procedural requirementsof JR-16.07 are not waived, the committee determines, by a preponderance of the evidence, thatthere is reason to believe the alleged violation of the Code of Official Conduct did occur, thecommittee shall direct staff to prepare a Summary of the Preliminary Inquiry.(B) If, at the conclusion of the preliminary inquiry in which the procedural requirementsof JR-16.07 are waived, the committee determines, by a preponderance of the evidence, that thereis reason to believe the alleged violation of the Code of Official Conduct did occur, thecommittee shall direct staff to prepare a Summary of the Preliminary Inquiry.(xv) Voting. If the committee is unable to achieve a majority vote directing furtherproceedings against the respondent, this constitutes a dismissal of the complaint.(xvi) Announcement of Committee's Decision. At the conclusion of the committee'sdeliberations in the preliminary inquiry, when a decision has been reached, the respondent andhis counsel shall be invited into the committee room to hear the committee's decision, whichshall be written as a Summary of the Preliminary Inquiry.(f) At the completion of the preliminary inquiry, the staff of the committee shall keep afile containing a comprehensive summary of the inquiry.(5) (a) After the announcement of the committee's decision in the Summary of thePreliminary Inquiry, if the procedural requirements of JR-16.07 have been waived as provided inSubsection (4)(d), the committee shall determine what recommendation should be made to theSenate or House with respect to any count which has been proved. The committee shall hear nofurther testimony during the preliminary inquiry, except by a majority vote of the committee.(b) A count is not proved unless a majority of the committee so determine by vote. Acount which is not proved shall be dismissed. If a majority of the committee does not vote that acount has been proved, a motion to reconsider that vote may only be made by a member of thecommittee who voted that the count was not proved.(6) (a) The committee may, for any count that has been voted as proved, recommend oneor more of the following actions:(i) censure;(ii) expulsion;(iii) denial or limitation of any right, power, or privilege of the respondent, if under theUtah Constitution the Senate or House may impose such denial or limitation, and if the violationbears upon the exercise or holding of any right, power, or privilege; or(iv) any other action the committee determines appropriate.(b) If a majority of the committee does not vote in favor of the recommendation foraction, a motion to reconsider may only be made by a member of the committee who votedagainst the recommendation.(c) The committee's recommendation to the Senate or House shall be submitted inwriting and shall contain a brief but complete statement of the evidence which supports theirrecommendations.(7) The Senate or House shall consider the recommendations of the committee and shall,by a majority vote of that house, either accept, dismiss, or alter these recommendations. If thecommittee's recommendations are for expulsion of a Senator or Representative, acceptance ofthis recommendation requires a two-thirds vote of all the members elected to the Senate or to theHouse.
(1) Before any vote on legislation or any legislative matter in which a legislatorreasonably believes he may have a conflict of interest, that legislator should orally declare to thecommittee or body before which the matter is pending that the legislator may have a conflict ofinterest and what that conflict is. This declaration of conflict of interest shall be noted in theminutes of any committee meeting or in the Senate Journal or House Journal.(2) (a) A legislator shall file a Declaration of Conflict of Interest form with the Secretaryof the Senate if the legislator is a Senator or with the Chief Clerk of the House of Representativesif the legislator is a Representative to satisfy that legislator's disclosure of any conflicts of interestas required by Subsection (1) and Utah Code Annotated Section 76-8-109.(b) This Declaration of Conflict of Interest form shall include the general legislativeareas in which the legislator may have a conflict of interest.(c) This Declaration of Conflict of Interest form is available to the public.(3) This requirement of disclosure of any conflict of interest does not prohibit a legislatorfrom voting on any legislation or legislative matter.(4) As used in this section:(a) "Business in which the legislator is associated" means any business in which alegislator is a director, officer, owner, member, partner, employee, or is a holder of stocks orbonds in the company that have a fair market value of $10,000 or more.(b) "Conflict of interest" means legislation or action by a legislator that the legislatorreasonably believes may cause direct financial benefit or detriment to him, a member of thelegislator's immediate household, or a business in which the legislator is associated, and thatbenefit or detriment is distinguishable from the effects of that action on the public or on thelegislator's profession, occupation, or association generally.
(1) If any person provides remuneration to a legislator to compensate that legislator for aloss of salary or income while the Legislature is in session, that legislator shall file a writtendisclosure identifying:(a) that the legislator receives remuneration; and(b) the name of the person who provides the remuneration.(2) (a) This disclosure shall be filed by February 1 of each year with the Secretary of theSenate if the legislator is a Senator or with the Chief Clerk of the House of Representatives if thelegislator is a Representative.(b) This disclosure is available to the public.(3) As used in this section:(a) "Person" includes an individual, partnership, association, organization, company, andbodies politic and corporate or a lobbyist from any of these.(b) "Person" does not include a person who provides the legislator's primary source ofincome.
(1) If there is no waiver of the disciplinary hearing as provided in JR-16.04(4)(d), theSenate and House Ethics Committees shall follow these procedures at the conclusion of thepreliminary inquiry.(2) Special Prosecutor. If an ethics probe goes into a disciplinary hearing stage, theSenate or House Ethics Committee shall direct the chairman to appoint a special prosecutor. This special prosecutor shall be paid by the Senate if it is a Senate Ethics Committee or theHouse if it is a House Ethics Committee. The special prosecutor shall prepare the Statement ofAlleged Violation from the Summary of Preliminary Inquiry. The special prosecutor is alsoresponsible for prosecuting the respondent in the disciplinary hearing.(3) If the committee determines that there is reason to believe the alleged violation didoccur, the committee shall direct the special prosecutor to transmit to the respondent and to thecomplainants a copy of the Statement of Alleged Violation. The statement shall be divided intocounts. Each count shall allege a separate violation, and the facts which support each count.(4) (a) The respondent has 30 days from receipt of the Statement of Alleged Violation torespond. The response shall be in writing and shall be signed by the respondent or therespondent's counsel. The response shall be limited to the following:(i) an admission or denial of each count, under oath, with any supportive evidence orrelevant information;(ii) an objection to any or all counts on the grounds that the count fails to state factswhich constitute a violation of the Code of Official Conduct or any law, rule, regulation, or otherstandard of conduct applicable to a member of the Senate or House in the performance oflegislative responsibilities;(iii) an objection to the jurisdiction of the committee considering the allegationscontained in the statement;(iv) a motion for a more detailed statement regarding the cause of action stated in thecomplaint; or(v) an objection to the participation of any member of the committee, the committee'sstaff, or the special prosecutor on the grounds that that person would be unable to render a fairand impartial judgment or investigation. The committee, by majority vote, shall judge thequalifications of the person against whom the objection is raised.(b) The respondent's failure to submit a response to the Statement of Alleged Violationor any count contained in it constitutes an admission of the alleged violation.(c) Within 30 days after receipt of the respondent's response or the respondent's failure torespond 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 thismotion is granted, direct the special prosecutor to give more detail in the Statement of AllegedViolation and give the respondent 30 days from receipt of this statement to respond as providedin Subsection (4)(a);(iii) hold a disciplinary hearing; or(iv) defer action, if a judicial proceeding is pending.(d) If the committee is unable to achieve a majority vote directing further proceedingsagainst the respondent, this constitutes a dismissal of the statement and of the complaint. Therespondent and complainants shall be notified, in writing, of the action taken by the committee.(e) The chairman may extend any time limitation, if the extension would facilitate a fairand complete inquiry. The chairman may shorten any time limitation, if special circumstancesnecessitate this being done.(5) (a) Prior to any disciplinary hearing, the committee shall adopt a statementestablishing the scope and purpose of the hearing. A copy of this statement shall be furnished toall witnesses. The scope and purpose may expand or contract during the hearing, dependingupon evidence received. The respondent has the right to counsel during all stages of thedisciplinary hearing.(b) The disciplinary hearing is open to the public and consists of two phases. Phase I isto determine whether or not the counts in the Statement of Alleged Violation have been proved. This phase shall be conducted as follows:(i) The meeting shall be opened by the chair. The chair shall give a statement of thecommittee's authority to conduct the hearing and the purpose and scope of the hearing.(ii) 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(C) rebuttal witnesses.(iii) All witnesses shall testify under oath. Witnesses offered by the special prosecutorat a hearing shall be examined first by the special prosecutor. The respondent or respondent'scounsel may then cross-examine the witnesses. The committee members and committee staffmay then question the witnesses. Redirect and recross examination may be permitted in thechairman's discretion. Witnesses offered by the respondent shall be examined first by therespondent or respondent's counsel, and then may be cross-examined by the special prosecutor. Committee members and committee staff may then question the witness. Redirect and recrossexamination may be permitted in the chairman's discretion.(iv) At a disciplinary hearing, the burden of proof rests upon the special prosecutor toestablish the facts clearly and convincingly by the evidence introduced.(c) Phase II of a disciplinary hearing is to determine what recommendation should bemade to the Senate or House with respect to any count which has been proved. The committeeshall hear no further testimony during Phase II except by a majority vote of the committee.(d) A count is not proved unless a majority of the committee so determine by vote. Acount which is not proved shall be dismissed. If a majority of the committee does not vote that acount has been proved, a motion to reconsider that vote may only be made by a member of thecommittee who voted that the count was not proved.(6) Announcement of Committee's Decision. At the conclusion of the committee'sdeliberations in the disciplinary hearing, when a decision has been reached, the respondent andhis counsel shall be invited into the committee room to hear the committee's decision.(7) At the completion of the disciplinary hearing, the staff of the committee shall keep afile containing a comprehensive summary of the disciplinary hearing.(8) (a) The committee may, as provided in Phase II of the disciplinary hearing, for anycount 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 theUtah Constitution the Senate or House may impose such denial or limitation, and if the violationbears upon the exercise or holding of any right, power, or privilege; or(iv) any other action the committee determines appropriate.(b) If a majority of the committee does not vote in favor of the recommendation foraction, a motion to reconsider may only be made by a member of the committee who votedagainst the recommendation.(c) The committee's recommendation to the Senate or House shall be submitted inwriting and shall contain a brief but complete statement of the evidence which supports theirrecommendations.(9) The Senate or House shall consider the recommendations of the committee and shall,by a majority vote of that house, either accept, dismiss, or alter these recommendations. If thecommittee's recommendations are for expulsion of a Senator or Representative, acceptance ofthis recommendation requires a two-thirds vote of all the members elected to the Senate or to theHouse.
(1) Consistent with Joint Rule 4.27 on prefiling of bills, beginning 60 days after eachannual general session and ending December 1 of each year, each legislator may make anirrevocable and nontransferable prioritization of up to three bills.(2) (a) (i) When sufficient drafting information is available, priority bills and interimcommittee 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 ofLegislative Research and General Counsel shall reserve as many bill numbers as necessary toallow all designated priority bills to be the first bills numbered.(c) Because priority bills are among the first bills numbered, priority bills are the firstbills to receive fiscal notes.
(1) Except as provided in Subsection (3), a legislator may not file a Request forLegislation with the Office of Legislative Research and General Counsel or file a Request forAppropriation with the Office of the Legislative Fiscal Analyst after noon on the 11th day of theannual general session.(2) Except as provided in Subsection (3), by noon on the 11th day of the annual generalsession, each legislator shall, for each Request for Legislation on file with the Office ofLegislative Research and General Counsel, either approve the request for numbering or abandonit.(3) A legislator may file a Request for Legislation, approve a bill for numbering, or file aRequest for Appropriation any time after noon on the 11th day of the annual general session if:(a) for House bills, the Representative makes a motion to request a bill for drafting andintroduction and that motion is approved by a constitutional majority of the House;(b) for a Request for Appropriation submitted by a House member, the Representativemakes a motion to request an appropriation and that motion is approved by a constitutionalmajority of the House;(c) for Senate bills, the Senator makes a motion to request a bill for drafting andintroduction and that motion is approved by a constitutional majority vote of the Senate; or(d) for a Request for Appropriation submitted by a Senator, the Senator makes a motionto request an appropriation and that motion is approved by a constitutional majority of theSenate.
(1) (a) The House shall refer any Senate bill with a fiscal note of $10,000 or more to theHouse 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 $10,000or more.(2) (a) Before adjourning on the 33rd day of the annual general session, each legislatorshall prioritize fiscal note bills and identify other projects or programs for new or one-timefunding according to the process established by leadership.(b) Before adjourning on the 40th day of the annual general session, the Legislature shalleither pass or defeat each bill with a fiscal note of $10,000 or more except constitutionalamendment resolutions.
(1) Each legislator shall receive a copy of any bond bill by noon on the 40th day of theannual general session.(2) Before the calendared closing time of the 40th day of the annual general session, theLegislature shall either pass or defeat each bond bill.
(1) Each legislator shall receive a copy of the General Appropriations bill, anySupplemental Appropriations bill, and the School Finance bill by calendared floor time on the43rd day of the annual general session.(2) Before the calendared closing time of the 43rd day of the annual general session, theLegislature shall either pass or defeat the General Appropriations bill, any SupplementalAppropriations bill, and the School Finance bill.
(1) Each legislator shall receive a copy of the second supplemental appropriations bill bycalendared 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 eitherpass or defeat the second supplemental appropriations bill.INTERIM RULES
INTERIM RULES
As used in this title:(1) (a) "Interim committee" means a committee established in Rule IR1-1-201 that iscomposed of members of the Senate and House, meeting jointly.(b) "Interim committee" does not mean a standing committee as designated in SR-24.05and HR-24.05.(2) "Special committee" means a legislative committee or task force that is not an interimcommittee.(3) "Subcommittee" means a subsidiary unit of an interim committee or specialcommittee.
(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 jointinterim 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 InterimCommittee; and(b) appoint one member from their chamber to serve as cochair of each interimcommittee.(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(c) perform other duties assigned by the committee.
(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 coveredwithin the budget of the interim committee; and(c) the interim committee solicits and receives approval from the LegislativeManagement 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 ofthe interim committee that created the subcommittee; and(b) appoint at least one additional legislator who is a member of the interim committeethat created the subcommittee as chair of the subcommittee.
(1) A special committee may not create a subcommittee unless:(a) the legislation creating the special committee authorizes the creation of asubcommittee; and(b) the per diem and expenses of the subcommittee members can be adequately coveredfrom 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 creationof 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 coveredfrom the budget of the special committee.
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 itssubject area;(4) request and receive research reports from professional legislative staff pertaining tothe 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'sstudies.
When an interim committee or a special committee receives an audit report from theAudit Subcommittee of the Legislative Management Committee for its review, the committeeshall:(1) review and consider whether or not the recommendations in the audit report shouldbe implemented;(2) request legislation or recommend appropriations to the Executive AppropriationsCommittee, if appropriate; and(3) report its actions to the Audit Subcommittee.
When an interim committee receives an administrative rule for review from theAdministrative Rules Review Committee, the interim committee may review that rule and makerecommendations to the Legislative Management Committee and the Administrative RulesReview Committee about whether or not the rule should be repealed.
(1) The corresponding interim committees of each chamber shall meet jointly, unlessotherwise determined by the chair of each interim committee.(2) (a) Each interim committee shall meet at the time and in the room assigned by theLegislative Management Committee.(b) An interim committee may meet at additional times or in other locations asdetermined 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 thepublic, except as otherwise provided in Utah Code Title 52, Chapter 4, Open and PublicMeetings.(4) Each committee chair shall ensure that the time, location, and agenda of each interimcommittee meeting is posted in the places designated by the Legislative Management Committee.
(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 underconsideration by the committee or subcommittee.(2) Notwithstanding Subsection (1), a legislator must be a member of the committee orsubcommittee 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 isobtained from the Legislative Expenses Oversight Committee of the chamber in which thelegislator is a member.
(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 byany member of the committee.(b) A committee member wishing to appeal a decision of the chair shall make a motionappealing the decision of the chair.(c) The committee shall decide the point of order by a majority vote of the committeemembers present.
(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 chairsdesignated 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 complywith 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 beforethe committee, the chair may, or a majority of the committee may, require that any or all person'stestimony 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 doesnot exceed the number posted by the state fire marshal as the limit of occupancy for the roomwhere the meeting is held; and(b) announce when the limit is reached and prevent the entry of additional persons intothe room.
(1) For the purpose of determining a committee or subcommittee quorum, a majority is atleast 50% in one house and more than 50% in the other.(2) If a member of the committee or subcommittee fails to attend two consecutivemeetings of a committee or subcommittee in any calendar year, that legislator's membership inthe 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 membersof the Legislative Management Committee are not counted in determining a quorum.(4) Notwithstanding the requirements of Subsections (2) and (3), at least one Senatormust be present in order to have a committee or subcommittee quorum.
(1) For the purpose of voting in a meeting, a majority is at least 50% in one house andmore 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(c) verbally identify by name either the committee members who voted "yes" or thecommittee members who voted "no."
(1) (a) Each interim committee and each subcommittee shall keep minutes of meetings asrequired by Utah Code Title 52, Chapter 4, Open and Public Meetings.(b) Meetings of interim committees and subcommittees may be electronically recorded toassist in preparing accurate minutes of the meeting.(2) Upon approval of the minutes by the committee, the minutes are the official record ofthe proceedings of the committee and the electronic record, if any, may be destroyed unless thecommittee 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 eachsubcommittee shall ensure that the vote of each member on any question is recorded in theminutes of the meeting.(b) Questions approved by unanimous vote or by a substantial majority of those presentmay be recorded as approved with only the names of those opposed and those absent listed in theminutes.
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 LegislativeManagement Committee or other entities; and(6) agenda business.
(1) The chair may recognize any committee member who wishes to speak to a matter ofbusiness before the committee.(2) Upon being recognized, the committee member shall confine his remarks to thesubject under discussion.
Each committee member present at the committee meeting shall vote "yea" or "nay" oneach question put to a vote by the chair.
(1) An interim committee or subcommittee may hold public hearings in addition to orinstead of regular committee meetings.(2) The chair, subject to the approval of the committee, may adopt procedures for theorderly conduct of the hearing, including limitation of the time available for the entire hearingand for all individual presenters, and the order in which those presenting shall address thecommittee.(3) The committee may, at any time, close the public hearing and begin a regularcommittee meeting.(4) Upon majority vote of the committee, any presenter's testimony may be taken underoath.
(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 themotion 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 bedivided.(c) Except as provided in Subsections (3)(d) and (e), if the request is in order, the chairmust 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 andinsert, 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 tostrike out and insert a different proposition is in order.(iii) If the committee rejects a motion to delete and insert one proposition, a motion todelete and insert a different proposition is in order.(e) (i) The presiding officer shall determine how many divisions may be made to anyquestion.(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 oramended.(b) After a motion has been divided or amended, it may be withdrawn by the sponsoronly if the withdrawal of the motion is approved by a majority of the committee memberspresent.
While a question is being debated, the chair may not accept any other motion except amotion:(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.
(1) The chair may not allow debate on a motion to adjourn, a motion to recess, a motionto 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 amotion to adjourn, a motion to recess, or a motion to end debate is made.
(1) A substitute motion, or any part of the substitute motion, if adopted by a majority ofthe committee members present, disposes of the original motion.(2) The chair may not accept a substitute motion to a substitute motion.
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.
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 nointervening business; or(3) when another member of the committee has the floor.
A motion to end debate passes only if it is approved by a two-thirds vote of the committeemembers present.SENATE RULES
SENATE RULES
On the first day of every annual general session of the Legislature during odd-numberedyears, the President-elect shall designate a person to call the Senate to order and preside until theSenators have taken the oath of office and elected a President.
The Senate shall elect a President who shall preside during the session and be responsiblefor the general direction of the Senate.
The President may call a Senator to the chair as President Pro Tempore and that Senatorhas the power of the President while conducting. This substitution does not extend beyondadjournment.
If the President and the President Pro Tempore are absent at the time the session isscheduled to convene, the Senator who is senior in Senate service shall call the Senate to orderand preside until one of them returns.
(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;(c) call the Senate to order at the time scheduled for convening, and proceed with thedaily order of business;(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 bySenators;(f) put to a vote all questions which arise in the course of the proceedings, and announcethe 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 paySenate expenses.(2) The President shall give final approval of all expenditure requests as authorized bythe majority and minority leaders of the Senate, including per diem compensation, travelexpenses, and in-state and out-of-state travel on legislative business.
(1) A Secretary of the Senate shall be appointed by the President or President-electbefore 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 dutiesand responsibilities;(c) keep a record of the attendance of all employees, and not pay for the day or days ofabsence any employee who is absent without the written consent or subsequent approval of thePresident;(d) be custodian of all official documents;(e) receive from the Office of Legislative Research and General Counsel all numberedbills and resolutions;(f) record the number, title, sponsor, each action, and final disposition of each bill on itsbill 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 anaccurate 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, andJoint 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 innumbering sections and their references, capitalize or lower case words, change numbers fromwords to figures or from figures to words, and underscore or remove underscoring in billswithout 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 accuratelyreflects 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 allSenate action;(q) transmit to the Governor all enrolled Senate bills;(r) respond to inquiries from legislators, government agencies, and members of thepublic regarding Senate history, activities, and legislative action; and(s) represent the Senate at schools, organizations, clubs, and other civic groups whenasked by the President.
A Sergeant-at-Arms shall be appointed by the President or President-elect prior to theconvening of each session. The Sergeant-at-Arms is to maintain security, enforce the SenateRules and provide other service as requested by the Secretary or the President.
The Senate sponsor of a bill can withdraw that sponsorship if another Senator agrees tosponsor the bill and this substitution of sponsorship is submitted to the Secretary of the Senate inwriting prior to final passage of the bill in the Senate. This substitution of sponsorship can bewithout permission from the Senate.A Senator cosponsor of a bill may withdraw that cosponsorship without permission fromthe Senate and without a substitute cosponsor prior to final passage of the bill in the Senate.
(1) Each Senator may request 20 first-class postage stamps from Senate staff at thebeginning 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 generalsession; 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 additionalpostage allowance.
Every Senator shall be present within the Senate chamber during a session of the Senate,unless excused or unavoidably absent.
If a quorum of Senators is not present at the time the Senate is scheduled to convene, theSergeant-at-Arms shall find enough absent Senators to make a quorum for the transaction ofbusiness, and escort them to the chamber.
The President shall maintain order and decorum. He may speak to points of order inpreference to other Senators rising for that purpose. The President's decision on questions oforder is subject to an appeal to the Senate by any Senator. No Senator shall speak more thanonce on an appeal without leave of the Senate. The question on appeal is: "Shall the decision ofthe chair stand as the judgment of the Senate?" The question and the action of the Senate on itshall be recorded in the journal.
The President may order the Senate areas or gallery cleared if a disturbance occurs.
As provided in the Utah Indoor Clean Air Act, a person may not smoke in the StateCapitol Building. The Sergeant-at-Arms shall enforce this rule in the Senate controlled areas.
When a Senator wishes to be recognized to speak, the Senator shall rise and address thePresident as "Mr. (Madam) President." After being recognized, the Senator must confine hisremarks to the issue under consideration.
A Senator violating any Senate or Joint Rule can be called to order by the President or byany 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.
If a Senator is called to order for words spoken in debate, the Senator making the callshall repeat the words to which exception is taken and the words shall be recorded by theReading Clerk. If called to order, the Senator shall sit down, unless granted permission toexplain. A Senator may not be called to order or censured for words spoken in debate if there hasbeen intervening business.
No Senator shall impugn the motives of any other Senator either on the floor of theSenate or in committee.
If two or more Senators rise at the same time to speak, the President shall decide whichSenator is to speak first.
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 hisdesignee.
No person shall disturb or remain by the desks of the Secretary of the Senate, DocketClerk, or Reading Clerk while a roll call vote is being taken.
The Senate shall meet at 10:00 a.m. daily, except Saturdays and Sundays, unlessotherwise announced by the President.
A roll call of Senators shall be taken at the beginning of session each day and the namesof those present and absent recorded in the journal. A majority of Senators must be present for aquorum before beginning Senate business. Less than a majority may convene each day. Lessthan a majority may compel the attendance of absent members.
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(c) bills for reconsideration of House amendments;(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(c) bills sent back to the Secretary of the Senate;(10) reports of special committees, including conference committees;(11) introduction of bills and presentation of resolutions to be given to the Secretary ofthe 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.
Messages from the Governor, the House of Representatives, other state officers, and theSenate Rules Committee may be received at any time, except when the President is presenting aquestion, or when a vote is being taken.
The Senate may at any time, with majority approval of all Senators present, proceed outof order to any business.
All questions of priority of Senate business shall be decided by the chair without debate.
Unfinished business at the time of recess or adjournment has priority on the daily order ofbusiness on the following legislative day.
The Secretary of the Senate and the Reading Clerk are responsible for the finalcertification of the Senate Journal.
To express the commendation or condolence of the Legislature or the Senate, legislatorsshall use the legislative citation form exclusively.
(1) There are two types of legislative citations: individual and by one or both houses ofthe Legislature.(2) With the approval of the presiding officer, an individual legislator may request theSecretary of the Senate to prepare a commendation or condolence citation for the Senator's ownsignature. This citation is done without any floor action.(3) During a session of the Legislature, a legislator may request the Secretary of theSenate 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 theSenate to sign on behalf of the Senate; or to one house and then the other for the approval of boththe 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 orcondolence citation for the sponsor's and the President's signature, or the sponsor's, thePresident's, and the Speaker's signature.
Except as provided in Senate Rule 23.13, all bills shall be reviewed by a standingcommittee open to the public in one or both houses before being held in the opposite housebecause of fiscal impact.
On the last Monday of the annual general session, the following bills shall be completedby the Executive Appropriations Committee, printed, and available to all legislators: theappropriations act, any supplemental appropriations acts except the supplemental appropriationact that funds the bills passed during that session, the school finance act, and any bonding act.
(1) The Senate may not pass a bill, joint resolution, or concurrent resolution during theannual 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;(c) the revisor's statute; or(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 theExecutive Appropriations Committee.
(1) Except for the supplemental appropriations act that funds the bills passed during thatsession, all bills which have a negative fiscal impact on the state shall be acted upon by 12 noonon 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 thetime established in Subsection (1) shall be returned to the Senate Rules Committee for filing.
(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 generalsession;(b) examine each bill for proper form and order the bills printed;(c) refer each bill to the Senate with a recommendation that:(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 timeand placed onto the third reading calendar.(3) Before sending a bill to a standing committee, the Senate Rules Committee, incarrying out its responsibilities under Subsection (2), may amend or substitute a bill only if thecommittee has the written consent of the sponsor.
The Senate Rules Committee shall prioritize every bill for committee and floor action andreview and update this priority as necessary for the calendar.
(1) The Senate Rules Committee may recommend a time certain for floor considerationof any bill when it is reported out of the Senate Rules Committee, or at any time after the bill isreported out of the Senate Rules Committee.(2) A bill scheduled for a time certain has priority status in the standing committee towhich it is assigned.
(1) The President shall:(a) appoint a Senate Executive Confirmation Committee(s) of no more than sevenSenators, no more than four of whom are from the same political party;(b) appoint the Senate appropriations subcommittee chair and standing committee chairhaving jurisdiction over the agency or entity to which the nominee is appointed; and(c) designate one Senator to act as chair of the committee.(2) If called by the chair, the committee shall meet and make a recommendation to theSenate before any Senate confirmation session to review gubernatorial nominations to fillexecutive branch positions.(3) (a) The committee shall review the resume and qualifications of any full-timegubernatorial executive branch appointee and may interview appointees.(b) If a meeting is held, the committee shall convey its recommendation to the Senate ina form that identifies to the Senate how each Senate Executive Confirmation Committee membervoted on the nominee.
(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 judicialappointee 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 therequirements of that act.(4) After the Judicial Nominating Commission announces the nominees and forwardsthose names to the Office of Legislative Research and General Counsel as required by Utah CodeAnnotated Section 20A-12-104, that office shall provide the resume of each nominee to eachmember 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 informationto the chair and two members of the Senate Judicial Confirmation Committee, one selected bythe President of the Senate and one selected by the Senate Minority Leader.(6) After the Governor announces the appointee and provides the information required byUtah Code Annotated Section 67-1-2:(a) the chair of the Senate Judicial Confirmation Committee shall direct the preparationof 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 orthe Office of Legislative Research and General Counsel by the deadline specified in the newsrelease, 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 theOffice of Legislative Research and General Counsel by the deadline specified in the newsrelease, 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 oftheir testimony, including the person's name, telephone number, and mailing address, to theOffice 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 inSalt Lake City and the geographical area served by the judicial office to be filled by theappointee; and(ii) provide the appointee's resume, application materials, and other related documents toeach member of the Senate Judicial Confirmation Committee.(7) (a) The chair of the Senate Judicial Confirmation Committee may direct its staff toinvestigate:(i) the background, qualifications, and fitness for judicial office of the appointeegenerally; and(ii) specific issues raised or revealed by any member of the committee, any Senator, orany 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 ororganization 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 NominatingCommission, or both, whether or not certain facts revealed by the investigation were known tothe Governor or the nominating commission at the time the candidate was considered by either ofthem.(8) (a) The chair of the Senate Judicial Confirmation Committee shall provide publicnotice 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 statementto the Office of Legislative Research and General Counsel at least 24 hours before the meeting isscheduled to begin; and(ii) portions of the meeting may be closed under Utah Code Annotated Title 52, Chapter4, Open and Public Meetings.(9) Before convening a meeting of the Senate Judicial Confirmation Committee, thechair shall:(a) review all written statements from persons desiring to address the committeeregarding 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);(c) determine which persons making a timely request to testify under Subsection (6)(a)may address the committee; and(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 makesits decision; and(b) the chair may hold committee meetings in the geographic area to be served by thejudicial office.(11) The committee may close the committee meeting for any of the purposes outlined inUtah 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 orinformation related to the nominee's fitness for judicial office;(b) review each written statement submitted to the committee;(c) interview, under oath or affirmation, each judicial appointee;(d) base its decision regarding confirmation solely upon a consideration of the nominee'sfitness 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 howeach Senate Judicial Confirmation Committee member voted on the nominee.(13) The Office of Legislative Research and General Counsel shall provide a copy of thisrule to judicial appointees.(14) Nothing contained in this rule shall be construed to limit the authority of the Senateas provided in Utah Constitution Article VIII, Section 8.
(1) The President shall appoint the following standing committees:(a) Business and Labor;(b) Education;(c) Government Operations and Political Subdivisions;(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 inSection 63E-1-201 who are appointed from the Senate are a standing committee.
The first member named on a committee shall be the chairman. The chairman of thecommittee may designate a vice-chairman, pro tem.
With the exception of any conference committee, the chair may call committee meetingsafter giving not less than 24 hours public notice as required under Title 52, Chapter 4, Open andPublic Meetings. Each chair shall post the time, room number, and agenda of all committeemeetings in areas open to the public.
Standing committee agendas shall list the bill number, title, and sponsor of any bill tabledat either of the two previous meetings. This tabled bill may be lifted from the table at either ofthe two meetings following the one at which it was tabled.
No committee may meet while the Senate is in session without the President's permissionor a majority approval of the Senators present.
Special committees, including task forces, may be formed by motion or resolution, andmembers shall be appointed by the President.
(1) A majority of any committee or subcommittee constitutes a quorum for thetransaction of business.(2) The President, Majority Leader, Majority Whip, Assistant Majority Whip, SenateRules Committee Chair, Senate Appropriations Committee Chair, Minority Leader, MinorityWhip, and Assistant Minority Whip, and the fourth member of leadership from the minority partyare not counted in determining a quorum for standing committees, except for meetings that thelegislator actually attends.
(1) Each committee shall send a report to the Senate on each bill referred to it. With amajority vote, the committee may transmit bills with a favorable recommendation. Bills may beamended, 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 theSecretary of the Senate for filing. A tabled bill can be lifted from the Secretary of the Senate orits assigned standing committee by a two-thirds vote of those Senators present on the floor of theSenate, 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 beintroduced under committee sponsorship. The chief sponsor or sponsors of a bill may request inwriting that committee members sponsor the measure. Upon agreement by the committee, thechief sponsor may relinquish individual sponsorship of the bill. A majority vote of thecommittee is required to amend, substitute, table, recommend, return a bill to the Secretary of theSenate, hold, or substitute sponsorship of a bill.(3) A secretary shall record attendance and take minutes of committee action. Therecords 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 thecommittee, the chair may, or a majority of the committee may, require that any or all person'stestimony be taken under oath.
A committee chairman may order any bill that has been considerably amended incommittee to be reprinted. This substitute bill shall be adopted by the committee prior to beingreported out of committee.If a bill has been referred to a standing committee, no substitute of that bill may beordered officially printed until the bill is substituted by the standing committee. However, thesponsor of the substitute may have copies of the substitute bill made for limited distribution.
(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, orproposals. The chair shall give notice to the public in accordance with Title 52, Chapter 4, Openand 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 ofthe hearing, including limitation on time for the hearing and for individual speakers, and theorder in which speakers will be heard. By motion the committee may adjourn the public hearingand begin a regular committee meeting.(2) When public hearings are being held, the committee may request testimony bypersons who have expertise on the bills under discussion. At the direction of the chair or upon amajority vote of the committee, the testimony may be taken under oath. The oath shall beadministered by the committee chair, or cochair, or committee staff. All public comment andtestimony shall be received during the public comment phase of the committee meeting. Uponmotion, the public comment phase of the committee meeting shall terminate. The public may notagain participate except upon motion to take additional public comment.
The chairman of each committee shall notify the sponsor of any bill pending before thecommittee of the time and place it will be considered. Before any committee acts on a bill whichhas been referred to it for consideration, it shall invite the chief sponsor or sponsors to explainthe bill.
(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(c) verbally identify by name either the committee members who voted "yes" or thecommittee members who voted "no."(2) Members dissenting from a committee report may file a minority report or may belisted on the majority report as dissenting.
The committee chairman shall decide points of order. On motion and approval bymajority vote, the committee may override the chairman's decision on any point of order. Themotion and action shall be entered in the committee minutes.
All reports of bills and resolutions from a standing committee shall be signed by thechairman of the committee or a member authorized by the chairman.
All business referred to a committee shall be considered within a reasonable length oftime. 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 benotified. This notification requires no Senate action, as the bill shall be automatically sent to theSenate Rules Committee.
The chairman may order the committee room cleared of visitors if there is disorderlyconduct.
The chairman shall recognize any member wishing to speak to the subject underconsideration. The member's remarks shall be germane.
Visitors to a committee meeting or hearing may not sit in legislators' chairs. The numberof people in a committee meeting may not exceed the maximum posted by the State FireMarshal. 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.
Unless the chairman or majority of the committee determines otherwise, the order ofbusiness 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.
Senate Rules regarding motions govern committee meetings and hearings with thefollowing 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 committeewithin the time limit imposed by SR-24.19.
A motion to end debate in committee shall be adopted by a majority vote of thecommittee.
Each committee member present shall vote on every question and the vote shall berecorded in the minutes.
By majority vote of those present, any committee action may be reconsidered at anytime prior to the committee report being sent to the Senate. However, no bill may bereconsidered by the committee more than once.
On majority vote of those present, the Senate may resolve itself into a committee of thewhole.
The President will be chairman and preside over the committee of the whole. SenateRules 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.
A motion to dissolve a committee of the whole is always in order and shall be decidedwithout debate.
(1) An interim committee bill that has been approved by a majority vote of the interimcommittee members, shall be read for the first time and referred to the Rules Committee forcalendaring.(2) The Rules Committee may refer the bill to the calendar without standing committeereview, or may refer the bill to a standing committee.(3) (a) If the Rules Committee calendars the bill without standing committee review, thesponsor or any three Senators may, within two working days, request that the bill be reviewed bya standing committee before the bill's consideration on the floor.(b) The President shall then assign the bill to the appropriate committee.
(1) All bills reported to the Senate by committees shall be placed at the bottom of thesecond 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 noteshall be circled until the fiscal note is received.
Bills on third reading calendar shall be considered in the order they appear on thecalendar unless a majority vote of the Senators present directs other action.The Secretary shall be responsible for maintaining the calendar properly listing the bills.
A bill may become a special order of business on the time certain calendar by designationof the President of the Senate or with majority approval. At the time set for consideration, thePresident shall place the bill before the Senate.
(1) After consideration of all bills on third reading calendar, bills on second readingcalendar shall be considered. Each bill listed shall be read by title, unless the Senate suspendsthis requirement by a two-thirds vote. (cf. SR-27.16)(2) The Secretary of the Senate or the secretary's designee shall read the committeereport. A motion to adopt a "favorable" committee report places the bill before the Senate withall committee amendments. If a motion to adopt a "favorable" committee report does not receivea 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 reviewand approval, the reading clerk shall note that.(4) The final question on second reading calendar is: "Shall the bill (resolution) be read athird time?" The question shall be decided on a roll call vote. A constitutional majority vote isrequired to pass the bill on the second reading calendar.
Each bill passing second reading calendar shall be placed at the bottom of third readingcalendar. No bill may be read the third time until the day after its second reading.
Upon a motion and the approving vote of a majority of the Senators present, any bill thathas been considerably amended on second reading may be ordered retyped and reprinted.
(1) (a) For its third reading, each bill listed shall be read by title, unless by two-thirdsvote 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; thequestion is: Shall the bill (resolution) pass?"(b) The final vote shall then be taken.
A majority of the Senate may direct the reading of the long title of all bills appropriatingmoney.
All pages with amendments by the Senate shall be reprinted on goldenrod paper.
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 therecommendation that it be re-referred to the Senate Rules Committee.
When a House bill is received by the Senate with a transmittal letter informing the Senatethat it has passed the House, the bill shall be read the first time and referred by the President tothe 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 thebills and direct that the bill which was first requested from the Office of Legislative Research andGeneral Counsel shall be adopted and take its place on the second reading calendar, unlessotherwise directed by the majority of the body on the floor. The substitution shall be noted in thejournal.
No Senate bill, except the appropriations bills, may be considered after the 42nd day ofthe annual general session of the Legislature. The Senate may suspend this rule by a majorityvote of its members present.
(1) (a) Standing committees may report a bill to the Senate with the recommendation thatit 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 quorumpresent.(b) The Secretary of the Senate shall provide appropriate forms for reporting thecommittee's recommendation.(2) Upon adoption of the committee report by the Senate, the bill shall be read for thesecond time and placed on the consent calendar.(3) (a) Each day, the President shall call attention to the bills on the consent calendar todetermine 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 verbalobjection 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 billshall be removed from the consent calendar and placed at the bottom of the second readingcalendar.(4) If, after three days during which the Senate has floor time, no more than twomembers 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(c) considered for final passage according to the provisions of SR-30.10.
(1) (a) After the transmittal letter from the House informing the Senate that the Househas 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 theconcurrence calendar for at least one legislative day before the Senate may consider the questionof concurrence.(c) During the last two days of the annual general session, and during any specialsessions, the bill may be considered for concurrence after giving senators a reasonable time toreview the House amendments.(2) When presented to the Senate, the question shall be: "This bill (resolution) has beenread three times; the question is: Shall the Senate concur in the House amendments?"
If any substitution of a bill or resolution is made, that substitution shall be referred to theOffice of Legislative Research and General Counsel. That office shall number each substitutionfor record keeping and bill tracking purposes prior to its being officially printed.
When a motion is made orally, it shall be stated by the President; if the motion is made inwriting, it shall be given to the Secretary and distributed to the members.
After a motion is stated by the President or read by the Secretary, it is in the possession ofthe Senate. The motion may be withdrawn by a majority vote.
No second is required to any motion during any Senate floor consideration or in a Senatecommittee.
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 Senatereassembles;(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 ofthe result of the vote.
(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 hasbeen transacted; or(c) when another Senator has the floor.(2) If a motion for adjournment has been made, no substitute motion for adjournment isin order. However, a motion for adjournment may be held by the President with the approval ofthe sponsor of the original motion.
A motion to table a bill holds the bill until a successful motion is made to remove itfrom the table. A bill may be taken from the table by motion at any time.
A motion to circle any bill temporarily holds the bill in place on the calendar.
If a motion to postpone to a day certain or indefinitely or to refer a matter to committee isdefeated, such motion may not be renewed on the same day, or during the same reading of a bill.
A motion to strike the enacting clause of a bill has precedence over a motion to amend. Ifcarried, this motion defeats the bill.
When a blank is to be filled on a bill with a sum or a time, those motions proposing theleast sum and the shortest time are given precedence.
A substitute motion or amendment must be germane to the original motion.
A motion to refer to committee, to postpone indefinitely, to postpone to a day certain, orto table precludes consideration of all amendments and debate on the main question.
A motion to adjourn, circle, recess, table, or take from the table shall be decided withoutdebate. All questions of order arising from one of the above motions shall also be decidedwithout debate.
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 outand insert is not subject to division. However, the rejection of a motion to strike out and insertone 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 anyquestion. The body may seek to overrule this decision only once.
A substitute motion, if adopted by a majority of the Senators present, disposes of theoriginal motion.
(1) At the beginning of each session of the Senate, before the reading of any bill orresolution, the Senate Rules Committee chair shall make the following motion:"Mr. (Madam) President, as allowed by the Utah Constitution and the Joint Rules of theLegislature, I move that the Senate continue its practice of reading only the short title of bills andresolutions as they are introduced or considered on a Senate calendar and not read the long titleof 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 onwhich the motion to suspend reading of titles of bills and resolutions is made.
Without permission from the Senate, no Senator may speak more than twice on the samebill, each amendment, or substitution in any one debate on the same day and on the same readingof the bill. Senators who have spoken once are not entitled to the floor again, except forexplanation, if any Senator who has not spoken wishes to speak.
No Senator shall interrupt or question another Senator in debate without the Senator'sconsent. To obtain such consent, the Senator shall first address the President and receive theconsent of the member through the President.
The chief sponsor of any legislation or motion shall open and close debate.
The President shall, if requested during debate on a bill, have the chairman of thestanding committee to which the bill was assigned report the recommendations of the committeeto the Senate.
The motion for the previous question, which is a call for an end to debate and a vote onthe matter under discussion, may not be entertained on the floor of the Senate.
(1) (a) All floor amendments that are more than ten words shall be typewritten on tanpaper and distributed to the Secretary, the Reading Clerk, and to all Senators before theamendment is proposed.(b) All other motions except motions to adjourn, circle, table, or refer to committee, shallbe written if requested by any Senator.(2) All committee amendments that are more than 25 words shall be typewritten anddistributed to the committee members and committee staff before the amendment is proposed.
A constitutional amendment, resolution, or bill requiring a vote of two-thirds of theSenators for final passage, may be amended by a majority vote.
Amendments or substitutions are in order on the second and third readings of any bill.
Amendments or any substitution made in committee are part of the bill upon adoption ofthe committee report by the Senate.
When a bill is referred to committee with amendments or a substitution pending, actionon the amendments or substitution shall be reported to the Senate.
If a motion for an amendment or substitution is made, the Senate shall first consider theamendment or substitution, before turning its attention to the bill itself.
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 conflictof interest. Any Senator may briefly explain a vote.
Senators may not vote on a bill or motion unless present in the Senate chamber. If thevote is by roll call or division, a Senator entering the chamber after the question is posed, andbefore it is decided, may have the question stated and vote.
The vote on final passage of all bills is by roll call. The Senators shall be calledalphabetically, except the President, who is called last. A roll call vote on other questions shallbe taken if requested by any Senator. Senators absent shall be so recorded.
A majority vote is a majority of those present, except for passage of a bill, which requires15 votes. All matters requiring a constitutional majority require 15 votes. All matters requiring aconstitutional two-thirds require 20 votes. All motions which require a two-thirds vote may onlybe suspended by that same two-thirds vote.
After a roll call vote is announced on any question no Senator may vote or change hisvote, unless there is unanimous consent of the Senators present and the result of the vote is notchanged.
Any Senator may change his vote before the decision is announced by the chair. AllSenators must vote within the time limit fixed by the President.
The President shall pose questions in this form: "Those in favor (of the question) sayaye." 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 adivision is called for, those voting aye shall stand and be counted first, followed by those votingnay standing and being counted.
(1) The President shall pose the question on each consent calendar bill in the followingform:"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 Senatorspresent shall be recorded in favor of the legislation.(3) If the President hears any nays to the question, a roll call vote shall be takenimmediately.(4) Notwithstanding the requirements of Subsection (3), any Senator may make a motionbefore the roll call vote is taken to remove the bill from the consent calendar and place it on thebottom of the third reading calendar.(5) Nothing in this section prevents a Senator from challenging the ruling of the chair orasking for a vote on any question.
Any five Senators may demand a call of the Senate to compel absent Senators to bepresent in the Senate chamber.
When a motion is made for a call of the Senate, the President shall say: "It requires fiveSenators to make a call of the Senate. Those in favor of the call stand."
No Senator may leave the chamber when a call of the Senate is ordered. The doors of theSenate chamber shall be closed.
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 whoare absent without leave. The Sergeant-at-Arms shall find the absent Senators and escort them tothe Senate chamber.
No business may be transacted while the Senate is under call, except receiving and actingon the report of the Sergeant-at-Arms. No motion is in order except a motion to adjourn or tosuspend further proceedings under the call. These motions shall be by voice vote with a simplemajority.
The Sergeant-at-Arms may report on the call at any time. If the report is accepted, thecall shall be lifted, and the business pending when the call was ordered shall proceed. A motionto lift the call will be by voice vote and a simple majority. If the motion is adopted, the Senatereconvenes. If the motion is not adopted, the Sergeant-at-Arms shall continue searching for theabsent Senators. When all Senators are present or accounted for, the call shall be lifted withoutmotion. The doors of the Senate chamber shall be opened and the Senate shall proceed with theorder of business.
A motion to reconsider a vote on the final passage of a bill requires approval by aconstitutional majority of Senators. Upon adoption of a motion to reconsider, the bill shall beplaced at the top of the calendar on which it last appeared. No bill may be reconsidered by theSenate more than once.
When a question has been decided, any Senator voting with the prevailing side may movefor reconsideration after intervening business, or may give notice that the motion will be made. If a motion for reconsideration is made after a bill has left the possession of the Senate, theSecretary shall request the bill be returned to the Senate. A motion for reconsideration is not inorder unless made prior to adjournment of the next legislative day, by a Senator who previouslyserved notice. A motion to reconsider takes precedence over all other motions and questions,except the motion to adjourn.
When a Senator gives notice of intention to move for reconsideration, the Reading Clerkshall record the notice in the journal. The Secretary shall keep possession of the bill until thetime for reconsideration has expired or the bill has been reconsidered.
No motion to reconsider is in order after the 42nd day of the annual general session of theLegislature.
(1) Only legislators, legislative officers and employees, professional staff, formerlegislators who are not registered as lobbyists, and persons invited by Senators are allowed in theSenate chamber, halls, and lounge. This privilege may not be extended to anyone, other than alegislator, if the person uses the privilege to influence legislative decisions.(2) All visitors shall be accompanied by a Senator in the chamber, lounge, or hallways. After the visit, the guest must leave the chamber, lounge, or hallway. The Senator is responsiblefor his guest.
When the Senate is in session, no one other than the President or a Senator may use thedesks or chairs of the President or any Senator.
Lobbying is not permitted in the Senate chamber.
The Sergeant-at-Arms and the employees under his direction shall enforce theLegislative Rules.
Visiting groups and individuals may be recognized by the President or introduced by anySenator requesting personal privilege for that purpose.
News media representatives, with Senate press credentials, shall be admitted to the Senatechamber, halls, lounge, and committee rooms. With permission, the news media may conductand record interviews in the Senate lounge. They may also film and record interviews in thehalls or available committee rooms. The news media shall also comply with other provisions in SR-33.01 to SR-33.05.
(1) These Senate rules shall be initially adopted at the beginning of each legislativesession by a constitutional two-thirds vote.(2) Except as provided in this subsection, after the initial adoption of these rules,additional rules may be adopted or existing rules may be suspended, amended, or repealed by amajority vote, except the following, which require a two-thirds vote to adopt, suspend, amend, orrepeal:(a) rules governing the lifting of a tabled bill from committee; and(b) rules governing voting as in SR-30.06.
If the suspension of any Legislative Rule is governed by the Utah Constitution or itsstatutes, that rule may be suspended only as provided therein.
In addition to legislative rules, the presiding officer may use Mason's Manual ofLegislative Procedure as a reference when a question arises about parliamentary practice,legislative process, or legislative procedure that is not resolved by reference to legislative rules.
When a motion for executive session is adopted, the Senate chamber doors shall beclosed. The President may require all persons, except the Senators, Secretary, Reading Clerk,Docket Clerk, and Sergeant-at-Arms to leave. During the discussion, everyone present shallremain within the chamber. Everyone present shall keep all matters discussed in executivesession confidential.
When executive nominations are sent by the Governor to the Senate for confirmation,they shall be read by the Secretary and referred without motion to the appropriate SenateConfirmation Committee. The final question on each nomination will be: "Will the Senateadvise and consent to this nomination?" The final question may not be asked of the Senate onthe day the nomination is reported from the committee, unless by unanimous consent. While anynomination remains with the Senate it is in order to reconsider the vote.
A legislative committee may hold a closed executive committee meeting only if therequirements of Utah Code Ann. Sections 52-4-4 and 52-4-5 (1953) of the Open and PublicMeetings Act are satisfied.
All trials for impeachment shall be conducted by the Senate. When sitting for thatpurpose, each Senator shall take an oath or make an affirmation to do justice according to the lawand the evidence. When the Governor is on trial, the Chief Justice of the Supreme Courtpresides. No person may be convicted without the concurrence of two-thirds of the Senatorselected. Utah Constitution Article VI, Section 18.
The Governor, other state and judicial officers, except justices of the peace, are subject toimpeachment for high crimes, misdemeanors, or malfeasance in office. Judgment inimpeachment cases only extends to removal from office and disqualification to hold any office ofhonor, trust, or profit in the state. The person tried, whether convicted or acquitted, is subject toprosecution, trial, and punishment according to law. Utah Constitution Article VI, Section 19.
No person may be tried for impeachment unless he has been served with a copy of thearticles of impeachment at least ten days before his trial. After a person has been served, he maynot exercise the duties of his office until he has been acquitted. Utah Constitution Article VI,Sec. 20.
All officers who are not subject to impeachment shall be removed from office for any ofthe offenses specified in Utah Constitution Article VI, in the manner provided by law. UtahConstitution Article VI, Section 21.
The Senate is vested with the judicial power of the state when it sits as a court ofimpeachment. Utah Constitution Article VIII, Section 1.
The Governor shall nominate and, with the consent of the Senate, shall appoint all stateand district offices whose offices are established by the Utah Constitution or whose appointmenthas been created by law, and whose appointment or election is not otherwise provided for.
If the House of Representatives submits articles of impeachment to the Senate to begin animpeachment trial, the Senate shall adopt, by majority vote, policies establishing procedures for,and governing the conduct of, the impeachment process.
As used in this Senate Rule:(1) (a) "Government official" means:(i) an individual elected to a position in state or local government when acting within hisofficial capacity; and(ii) an individual appointed to or employed in a full-time or part-time position by state orlocal government when acting within the scope of employment or within his official capacity.(b) "Government official" does not mean a member of the legislative branch of stategovernment.(2) "Lobbyist" has the meaning identified in Subsections 36-11-102(9)(a) and (b).(3) (a) "Volunteer lobbyist" means a person not registered as a lobbyist who engages inlobbying within the meaning of Subsection 36-11-102(8).(b) "Volunteer lobbyist" does not mean an individual who appears on the individual'sown behalf to engage in lobbying within the meaning of Subsection 36-11-102(8).
A lobbyist, volunteer lobbyist, or government official may not:(1) attempt to influence any legislator or legislative employee by means of deceit or bythreat of violence or economic or political reprisal against any person or property, with intent bydoing so to alter or affect the legislator's or legislative employee's decision, vote, opinion, oraction concerning any matter that is to be considered or performed by him or the agency or bodyof which he is a member;(2) knowingly provide false information to any legislator or legislative employee as toany material fact pertaining to any legislation;(3) knowingly omit, conceal, or falsify in any manner information required by thelobbyist registration and lobbyist disclosure reports;(4) participate in leadership races of the Senate;(5) cause or influence the introduction of any bill or amendment for the purpose ofafterwards becoming employed to secure its passage or defeat;(6) engage in sexually harassing behavior or behavior violative of the Utah Legislature'ssexual harassment policy towards legislators or employees of the Legislature;(7) offer employment that would require or induce a legislator or legislative employee todisclose records classified as private, protected, or controlled;(8) use or disclose for any purpose any records classified as private, protected, orcontrolled that were obtained from a legislator or legislative employee or conspire with anyperson for that purpose; or(9) induce or seek to induce any legislator or legislative employee into committing aviolation of any provision of this Senate rule.
(1) To initiate an ethics complaint against a lobbyist, volunteer lobbyist, or governmentofficial who has violated the Lobbyist Code of Ethics established in SR-38.02, two Senators fromone party and one Senator from another party shall sign and file a written complaint with thePresident of the Senate.(2) The written complaint shall contain:(a) the name of each of the Senators who is filing the complaint;(b) the name of the lobbyist, volunteer lobbyist, or government official who is the subjectof the complaint;(c) the nature of the alleged violation, citing specifically to the provisions of SR-38.02that the lobbyist, volunteer lobbyist, or government official is alleged to have violated;(d) all documents that support the complaint as an attachment to it; and(e) any facts alleged to support the complaint.(3) (a) Any complaint filed under this rule is a protected record under Title 63, Chapter 2,Government Records Access and Management Act, until referred to the Investigating Committeefor action, because disclosure of the information in the complaint would constitute a clearlyunwarranted invasion of personal privacy whose disclosure is not in the public interest.(b) Any complaint filed under this rule that is withdrawn by the complainants is aprotected record under Title 63, Chapter 2, Government Records Access and Management Act,because disclosure of the information in the complaint would constitute a clearly unwarrantedinvasion of personal privacy whose disclosure is not in the public interest.
(1) After receiving the complaint, the President shall meet with the legislators who filedthe complaint, the lobbyist, volunteer lobbyist, or government official who is the subject of thecomplaint, and any other persons who have relevant information about the complaint.(2) If, after that meeting, all three of the Senators who signed the complaint wish toproceed with the complaint, they shall, within 14 calendar days from the date of the meeting,send a letter to the President requesting that the President appoint a committee to investigate thecomplaint.
(1) (a) Within 14 calendar days after receipt of a letter requesting the appointment of acommittee to investigate the complaint, the President shall:(i) appoint a committee composed of five members, three from the majority party andtwo from the minority party, to investigate the complaint; and(ii) designate one Senator as the committee chair.(b) The President may not appoint a Senator who signed the complaint to theInvestigating Committee.(2) (a) The chair of the committee shall schedule a committee meeting to investigate thecomplaint.(b) (i) The committee shall comply with the procedures and requirements of Title 52,Chapter 4, Open and Public Meetings, including the procedures and requirements for closing ameeting.(ii) The Office of Legislative Research and General Counsel shall staff the committee.(c) (i) At the hearing, the committee shall review the complaint.(ii) The committee may allow the legislators who filed the complaint to address and bequestioned by the committee.(iii) The committee shall provide the lobbyist, volunteer lobbyist, or government officialwho is the subject of the complaint with the opportunity to address and be questioned by thecommittee.(iv) The committee may allow other persons with information relevant to the complaintto address and be questioned by the committee.(v) (A) The complainants, the lobbyist, volunteer lobbyist, or government official, andany witness appearing before the committee may have legal counsel present.(B) That counsel may privately advise their client about the client's legal rights whenspecifically requested to do so by their client, but may not address the committee, ask questionsof any party or witness, or engage in oral arguments with the committee.(C) If counsel fails to abide by any of these rules, the committee may exclude the counselfrom the meeting.(d) Upon completion of the investigation, the committee shall report to the Presidentrecommending what action, if any, should be taken against the lobbyist, volunteer lobbyist, orgovernment official.(3) The President, after reviewing the committee's recommendation, may takeappropriate action.HOUSE RULES
HOUSE RULES
(1) Except as provided in Subsection (2), on the first day of each annual general sessionof the Legislature during odd-numbered years, the person whose term as Speaker of the House isexpiring shall call the House to order and preside until the Representatives have taken the oath ofoffice and elected a new Speaker.(2) If the Speaker-elect was Speaker during the previous Legislature or if the formerSpeaker is unavailable, the Speaker-elect shall designate a person to call the House to order andpreside until the Representatives have taken the oath of office and elected a Speaker.
The House shall elect a Speaker who shall preside during the session and be responsiblefor the general direction of the House.
The Speaker shall name a Representative to act as Speaker Pro Tempore during theabsence of the Speaker and the Speaker Pro Tempore has all the powers of the Speaker whileconducting. However, the Speaker has the right to name any other Representative to performthe duties of the chair for a period not to exceed one legislative day. In the event of an interimvacancy in the office of the Speaker, through death, resignation, or disability of the Speaker, theSpeaker Pro Tempore shall conduct the necessary business of the House only until such time asan election can be held in the House to fill the vacancy.
If the Speaker and the Speaker Pro Tempore are absent at the time the session isscheduled to convene, the Representative of the majority party who is senior in House serviceshall call the House to order and preside until one of them returns.
The general duties of the Speaker are to:(1) assign responsibilities to and supervise the officers and employees of the House;(2) assign places and determine access for news media representatives;(3) call the House to order at the time scheduled for convening, and proceed with thedaily order of business;(4) announce the business before the House in the order it is to be acted upon;(5) receive and submit in the proper manner all motions and proposals presented byRepresentatives;(6) put to a vote all questions which arise in the course of proceedings, and announce theresults of the vote;(7) enforce the rules of order during debates;(8) enforce observance of order and decorum;(9) inform the House on any point of order or practice;(10) receive and announce to the House any official messages and communications;(11) sign all acts, orders, and proceedings of the House;(12) appoint the members of committees;(13) represent the House, declaring its will and obeying its commands; and(14) sign or authorize a designee to sign all requisitions on the Division of Finance topay House expenses. The Speaker shall give final approval of all expenditure requests asauthorized by the majority and minority leaders of the House. These include per diemcompensation and travel expenses and in-state and out-of-state travel on legislative business.
A Chief Clerk of the House shall be appointed by the Speaker or Speaker-elect beforeeach session is convened. The general duties of the Chief Clerk are to:(1) certify and transmit all bills to the Senate and inform the Senate of all House action;(2) assist the Journal Clerk in preparation of the House Journal and certify it as anaccurate reflection of House action;(3) correct the spelling of words, erroneous division and hyphenation of words, correctmistakes in numbering sections and their references, capitalize or decapitalize words, changenumbers from words to figures or from figures to words, and underscore or remove underscoringin bills without a motion to amend, which technical corrections may be made either before orfollowing final passage of a bill;(4) modify the long title of any bill or resolution to ensure that the long title accuratelyreflects any changes to the bill or resolution made by amendment or substitute;(5) (a) supervise all House of Representatives personnel during the session and assignthem duties and responsibilities, including keeping a record of the attendance of all employees;and(b) provide that any in-session employee who is absent may not be paid for the day ordays of absence;(6) be the custodian of all official documents;(7) receive from the Office of Legislative Research and General Counsel all numberedbills and resolutions;(8) record the number, title, sponsor, each action, and final disposition of every bill onthe bill backs;(9) prepare and distribute the daily order of business each day;(10) advise the Speaker on parliamentary procedure, constitutional requirements, andJoint and House Rules;(11) assist with amendments to bills;(12) record votes and present the results to the Speaker;(13) transmit to the Governor all enrolled House bills; and(14) approve material for placement on the Representatives' desks if a House memberhas authorized that distribution.
(1) A Sergeant-at-Arms shall be appointed by the Speaker or the Speaker-elect prior tothe convening of each session.(2) The Sergeant-at-Arms shall:(a) maintain security;(b) enforce the House Rules at the direction of the presiding officer or the body; and(c) provide other service as requested by the Chief Clerk or the Speaker.
(1) The Representative sponsor of a bill can withdraw that sponsorship if anotherRepresentative agrees to sponsor the bill and this substitution of sponsorship is submitted to theChief Clerk in writing prior to final passage of the bill in the House. This substitution ofsponsorship can be without permission from the House.(2) A Representative cosponsor of a bill may withdraw that cosponsorship withoutpermission from the House and without a substitute cosponsor prior to final passage of the bill inthe House.
Every member of the House shall be present within the House chamber during a sessionof the House, unless excused or unavoidably absent.
If a quorum of Representatives is not present at the time the House is scheduled toconvene, the Sergeant-at-Arms shall find the absent Representatives to make a quorum for thetransaction of business, and escort them to the chamber.
No person shall disturb or remain by the desks of the Chief Clerk of the House, DocketClerk, Reading Clerk, Journal Clerk, Voting Machine Operator, or Public Address SystemOperator while an electronic or roll call vote is being taken.
The Speaker may order the House areas or gallery cleared if a disturbance occurs.
As provided in the Utah Indoor Clean Air Act, a person may not smoke in the StateCapitol Building. The Sergeant-at-Arms shall enforce this rule in the House controlled areas.
When a Representative wishes to be recognized to speak, the Representative shall:(1) notify the Speaker by electronic means; or(2) rise and address the Speaker as "Mr. (Madam) Speaker," if the electronic notificationsystem is not operational.After being recognized, the Representative shall confine his remarks to the issue underconsideration.
A Representative violating any House or Joint Rule can be called to order by the Speakeror by any Representative. If the Representative appeals the ruling, the House shall decide theissue without debate. If the decision is favorable to the Representative who has been called toorder, the Representative may proceed. If the decision is unfavorable, the Representative issubject to censure by the House.
A Representative may not be called to order under HR-28.06 or censured for wordsspoken in debate if there has been intervening business.
No Representative shall impugn the motives of any other Representative either on thefloor of the House or in committee.
If two or more Representatives rise at the same time to speak, the Speaker shall decidewhich Representative is to speak first.
When the Speaker is presenting a question, no Representative may leave the Housechamber. When a Representative is speaking, no person may walk between the Representativeand the Speaker or the designee of the Speaker.
No person shall disturb or remain by the desks of the Chief Clerk of the House, DocketClerk, Minute Clerk, Voting Machine Operator, or Public Address System Operator while anelectronic or roll call vote is being taken.
The House shall meet at 10:00 a.m. daily except Saturdays and Sundays, unless otherwiseannounced by the Speaker.
A roll call of Representatives shall be taken at the beginning of session each day and thenames of those present and absent recorded in the journal. A majority of Representatives mustbe present for a quorum before beginning House business. Less than a majority may conveneeach day. Less than a majority may compel the attendance of absent members.
The daily order of business is:(1) call to order by Speaker;(2) roll call;(3) prayer and Pledge of Allegiance;(4) announcement of excused absences;(5) communications from the Governor;(6) communications from the Senate;(7) reports of standing committees:(a) reports of House Rules Committee;(b) committees reporting out bills;(8) reports of special committees;(9) announcements of committee meetings;(10) introduction of bills and resolutions given to the Chief Clerk at least one hour beforethe beginning of the session for inclusion in that day's agenda;(11) unfinished business;(12) consideration of bills on consent calendar;(13) consideration of bills on third reading calendar; and(14) miscellaneous business.
Messages from the Governor, the Senate, other state officers, and the House Rules(Sifting) Committee may be received at any time, except when the Speaker is presenting aquestion, or when a vote is being taken.
The House may at any time, with the approval of a constitutional majority of allRepresentatives, proceed out of order to any business.
All questions of priority of House business shall be decided by the chair without debate.
Unfinished business at the time of recess or adjournment has priority on the daily order ofbusiness on the following legislative day.
The Chief Clerk of the House and the Journal Clerk are responsible for the finalcertification of the House Journal.
To express the commendation or condolence of the Legislature or the House ofRepresentatives, legislators shall use the legislative citation form exclusively.
(1) There are two types of legislative citations:(a) by individual; and(b) by one or both houses of the Legislature.(2) With the approval of the presiding officer, an individual legislator may request theChief Clerk of the House to prepare a commendation or condolence citation for theRepresentative's own signature. This citation is done without any floor action.(3) During a session of the Legislature, a legislator may request the Chief Clerk of theHouse to prepare a commendation or condolence citation for the Representative sponsor'ssignature, which citation shall also be presented to the House, by motion, to authorize theSpeaker of the House to sign on behalf of the House of Representatives; or to one house and thenthe other for the approval of both the Senate and the House. This motion is in order as an item ofpersonal privilege.(4) When the Legislature is not in session, a legislator may request a commendation orcondolence citation for the sponsor's and the Speaker's signature, or the sponsor's, the Speaker's,and the President's signature.
Except as provided in House Rule 23.13, all bills shall be reviewed by a standingcommittee open to the public in one or both houses before being held in the opposite housebecause of fiscal impact.
(1) The House of Representatives may not pass a bill, joint resolution, or concurrentresolution during the annual general session that has not been reviewed by a House standingcommittee.(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;(c) the revisor's statute; or(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 theExecutive Appropriations Committee.
(1) All legislation introduced shall be submitted to the House Rules Committee.(2) (a) The House Rules Committee has all the powers, functions, and duties of a standingcommittee when it:(i) prepares the House Rules and Joint Rules and presents them to the House beforeadjournment on the second day of each annual general session; or(ii) reviews all House Rules or Joint Rules resolutions.(b) Any rules resolutions reviewed and approved by the House Rules Committee may bereported directly to the House for its approval, amendment, or disapproval.(c) Notwithstanding Subsection (6), when meeting as a standing committee under thisSubsection (2), persons other than committee members may make comments andrecommendations at the discretion of the chair.(3) For all legislation not specified in Subsection (2) that is referred to the House RulesCommittee, the committee shall:(a) examine each bill for proper form, including fiscal note, legislative committee note,and mixed committee note, if any, and, when in proper form either:(i) refer bills to the House with a recommendation:(A) that the legislation be referred to a standing committee for consideration; or(B) that the legislation be read the second time and placed on the third reading calendar;or(ii) hold the bill.(b) Notwithstanding Subsection (3)(a), in extraordinary circumstances, the House RulesCommittee may refer a bill without a fiscal note to the House of Representatives with arecommendation that the legislation be:(i) referred to a standing committee for consideration; or(ii) read the second time and placed on the third reading calendar.(4) In carrying out its functions and responsibilities under Subsection (3), the HouseRules Committee may not:(a) table a bill without the written consent of the sponsor;(b) report out any bill that has been tabled by a standing committee;(c) amend a bill without the written consent of the sponsor;(d) substitute a bill without the written consent of the sponsor; or(e) sponsor a bill, except for the revisor's bill.(5) When this committee is carrying out the functions and responsibilities of Subsection(3), this committee shall:(a) during a legislative session, give notice of its meetings by either:(i) providing oral notice from the floor of the time and place of its next meeting; or(ii) when oral notice is impractical, post written notice of its next meeting;(b) when the Legislature is not in session, post a notice of meeting at least 24 hoursbefore the meeting convenes;(c) have as its agenda all bills in its possession for assignment to committee; and(d) prepare minutes that include a record, by individual legislator, of votes taken.(6) Anyone may attend a meeting of the rules committee, but comments and discussionare limited to members of the committee.
Upon motion from the floor, the House Rules Committee shall prioritize every bill forfloor action and review and update this priority as necessary for the calendar.
The House Rules Committee may recommend a time certain for floor consideration ofany bill when it is reported out of the House Rules Committee, or any time thereafter. A billscheduled for a time certain has priority status in the standing committee to which it is assigned.
(1) The Speaker shall appoint the following standing committees:(a) Business and Labor;(b) Education;(c) Government Operations;(d) Health and Human Services;(e) House Rules (Sifting);(f) Judiciary;(g) Law Enforcement and Criminal Justice;(h) Natural Resources, Agriculture, and Environment;(i) Political Subdivisions;(j) Public Utilities and Technology;(k) Revenue and Taxation;(l) Transportation; and(m) Workforce Services and Community and Economic Development.(2) The members of the Retirement and Independent Entities Committee created inSection 63E-1-201 who are appointed from the House of Representatives are a standingcommittee.
The first member named on a committee shall be the chairman. The second membernamed shall be the vice-chairman.
With the exception of the House Rules Committee functioning as provided in HR-24.01Subsection (2), and any conference committee, the chair may call committee meetings aftergiving not less than 24 hours public notice as required under Title 52, Chapter 4, Open andPublic Meetings. Staff shall post the time, room number, and agenda of all committee meetingsin areas open to the public.
Standing committee agendas shall list the bill number, title, and sponsor of any bill tabledat the previous meeting. As provided in HR-24.12, this tabled bill may be lifted from the tableat the meeting following the one at which it was tabled.
No committee may meet while the House is in session without the permission of theSpeaker or a majority approval of the House members present.
Special committees, including task forces, may be formed by motion or resolution, andshall be appointed by the Speaker.
(1) A majority of any committee or subcommittee constitutes a quorum for thetransaction of business.(2) The Speaker, Majority Leader, Majority Whip, Assistant Majority Whip, HouseRules Committee Chair, House Appropriations Committee Chair, Minority Leader, MinorityWhip, and Assistant Minority Whip, and the fourth member of leadership from the minority partyare not counted in determining a quorum, except for meetings the legislator actually attends.
(1) Each committee shall send a report to the House on each bill referred to it. With amajority vote, the committee may transmit bills with a favorable recommendation. Bills may beamended, held, tabled, returned to the House Rules Committee, or substituted in committee. Unless the bill is tabled, held, or returned to the House Rules Committee, the committee shallmake a favorable recommendation on the matter to the House. Any bill tabled in committee shallbe held until the next meeting, at which time it can be lifted from the table by a two-thirds voteof the committee. Any bill tabled in committee and not lifted at its next committee meeting shallbe sent to the House Rules Committee for filing. When a motion to lift a tabled bill is made, theproponents shall be given five minutes to address the motion, the opponents shall be given fiveminutes to address the motion, and the proponents shall be given one minute to sum up. If atabled bill is lifted at the next committee meeting, no further action may be taken at that time. However, if the bill is scheduled for a subsequent meeting, it may receive other committeeaction, including being reported out favorably. A tabled bill can be lifted from the House RulesCommittee by a constitutional two-thirds vote of the House of Representatives. If a bill is tabledin a standing committee meeting and a Representative desires to lift the tabled bill from thatcommittee prior to the committee's next meeting, the Representative may do so only with theapproving vote of two-thirds of all elected Representatives.(2) The committee may prepare a bill addressing the same subject matter to beintroduced under committee sponsorship. The chief sponsor or sponsors of a bill may request inwriting that committee members sponsor the measure. Upon agreement by the committee, theindividual sponsor may relinquish individual sponsorship of the bill. A majority vote of thecommittee is required to amend, substitute, table, recommend, hold, or sponsor a bill.(3) Except as specifically provided in this rule regarding the House Rules Committee,HR-24.01 governs the actions that may be appropriately taken by the House Rules Committee.(4) A secretary shall record attendance and take minutes of committee action. Therecords shall be filed for three years in the office of the Chief Clerk of the House.(5) If the chair allows public comment or testimony on a bill or other matter before thecommittee, the chair may, or a majority of the committee may, require that any person's or allpersons' testimony be taken under oath.
(1) A public hearing may be held in addition to, or instead of, a regular committeemeeting. A public hearing may be held on the subject matter in one or more bills, resolutions, orproposals. The chair shall give the notice in accordance with Title 52, Chapter 4, Open andPublic Meetings law. The notice shall include the bills or resolutions to be considered. Thechair may, subject to the approval of the committee, adopt procedures for the orderly conduct ofthe hearing, including limitation on time for the hearing and for individual speakers, and theorder in which speakers will be heard. By motion the committee may adjourn the public hearingand begin a regular committee meeting.(2) When public hearings are being held, the committee may request testimony bypersons who have expertise on the bills under discussion. At the direction of the chair, or upon amajority vote of the committee, the testimony may be taken under oath. The oath shall beadministered by the committee chair, cochair, or committee staff. All public comment andtestimony shall be received during the public comment phase of the committee meeting. Uponmotion, the public comment phase of the committee meeting shall terminate. The public may notagain participate except upon motion to take additional public comment.
The chairman of each committee shall notify the sponsor of any bill pending before thecommittee of the time and place it will be considered. Before any committee acts on a bill whichhas been referred to it for consideration, it shall invite the chief sponsor or sponsors to explainthe bill.
(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(c) verbally identify by name either the committee members who voted "yes" or thecommittee members who voted "no."(2) (a) Members dissenting from a committee report may be listed by name on thecommittee report as dissenting.(b) If any member of the committee desires to be listed on the committee report asdissenting, that committee member shall advise the committee during the meeting in which thecommittee report was adopted.(c) If any member of the committee states the member's intent to be listed on thecommittee report as dissenting, staff for that committee shall prepare the committee report withany dissenting committee member listed separately by name.
The committee chairman shall decide points of order. On motion and approval by amajority vote of the committee members present, the committee may override the chairman'sdecision on any point of order. The motion and action shall be entered in the committee minutes.
All reports of bills and resolutions from a standing committee shall be signed by thechairman of the committee or a member authorized by the chairman.
(1) All business referred to a committee shall be considered in the order determined bythe committee chair.(2) When a bill is acted upon by a committee, the bill and a committee report detailingcommittee action shall be submitted to the Chief Clerk of the House no later than the nextlegislative day.(3) (a) If a bill is tabled, the House shall be notified.(b) This notification requires no House action, because the bill will be automatically sentto the House Rules Committee.
The chairman may order the committee room cleared of visitors if there is disorderlyconduct.
The chairman shall recognize any member wishing to speak to the subject underconsideration. The member's remarks shall be germane.
Visitors to a committee meeting or hearing may not sit in legislators' chairs. The numberof people in a committee meeting may not exceed the maximum posted by the State FireMarshal. 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.
Unless the chairman or majority of the committee determines otherwise, the order ofbusiness 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; and(6) consideration of committee business.
House Rules regarding motions govern committee meetings and hearings with thefollowing exceptions:(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 committeewithin the time limit imposed by HR-24.19.
A motion to end debate in committee shall be adopted by a two-thirds vote of thecommittee members present.
Each committee member present shall vote on every question and the vote shall berecorded in the minutes.
(1) Except as provided in Subsection (2), a committee may, by majority vote of thosepresent, reconsider any committee action at any time before the committee report is sent to theHouse.(2) A committee may not reconsider a bill more than once.
On majority vote of those present, the House may resolve itself into a committee of thewhole.
The Speaker will be chairman and preside over the committee of the whole. House Rulesapply, except:(1) no Representative 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.
A motion to dissolve a committee of the whole is always in order and shall be decidedwithout debate.
Any guest speaker must be scheduled for a time certain by the House Rules Committeeprior to being heard on the floor of the House. A guest speaker does not include a person who iscalled to address the House on a particular bill or issue under consideration by the House, nordoes it include a legislator's introduction or acknowledgment of a visitor or special guest whodoes not address the House.
An interim committee bill which has been approved by a majority vote of the interimcommittee members, shall be read for the first time and referred to the House Rules Committeefor calendaring. The House Rules Committee may refer the bill to the calendar without standingcommittee review, or it may recommend that the bill be referred to a standing committee. If theHouse Rules Committee calendars the bill without standing committee review, the sponsor orany other Representative may move that the bill be reviewed by a standing committee prior to abill's consideration on the floor. If this motion is approved by a majority of the Representativespresent, the bill shall be referred to a standing committee for consideration.
(1) Except for the 43rd, 44th, and 45th day of the session, a bill may not be read the thirdtime until the day after it is placed on the third reading calendar.(2) Bills on third reading calendar shall be considered in the order they appear on thecalendar unless a constitutional majority vote of the members of the House directs other action.(3) The Chief Clerk shall maintain the calendar properly listing the bills.
A bill may become a special order of business on the time certain calendar byrecommendation from the House Rules Committee or with the approval of a majority of themembers present. At the time set for consideration, the Speaker shall place the bill before theHouse.
(1) The Chief Clerk of the House or his designee shall read the committee report to theHouse and this constitutes the second reading of any bill referred to in the report. Each bill listedshall be read by title, unless the House suspends this requirement by a two-thirds vote. (cf.HR-27.16)(2) The Reading Clerk shall read the committee report.(3) A motion to adopt a "favorable" committee report places the bill before the Housewith all committee amendments. If a motion to adopt a "favorable" committee report does notreceive a majority vote, the bill shall be returned to the House Rules Committee.(4) A majority vote of the members present is required to pass the bill on the secondreading calendar.(5) Any listing of dissenting members on a committee report is not to be read by theReading Clerk or entered as part of the report in the journal.
(1) (a) For its third reading, each bill listed shall be read by title, unless by two-thirdsvote the House members suspend this requirement. (Utah Constitution Article VI, Section 22; cf.HR-27.16)(b) The bill shall then be considered.(2) (a) On each bill, after reading the title, the reading clerk shall announce which Housestanding committee reviewed the bill and the vote in that committee.(b) If a bill has not received a House standing committee review, the reading clerk shall announce that the bill received no House standing committee review.(3) (a) The final question is: "This bill (resolution) has been read three times; thequestion is: Shall the bill (resolution) pass?"(b) The final vote shall then be taken.
A majority of the House may direct the reading of the long title of all bills appropriatingmoney.
All pages with amendments by the House shall be reprinted on lilac paper.
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 therecommendation that it be re-referred to the House Rules Committee.
(1) When a Senate bill is received by the House with a transmittal letter informing theHouse that it has passed the Senate, the bill shall be read the first time and referred by theSpeaker to the House Rules Committee. Action on Senate bills is the same as for House bills.(2) If a Senate bill is identical to a House bill, the House Rules Committee shall identifythe bills and direct that the bill which was first requested from the Office of Legislative Researchand General Counsel shall be adopted at the direction of the House Rules Committee. Anysubstitution shall be noted in the journal.
No House bill, except the appropriations bills may be considered after the 42nd day of theannual general session of the Legislature. The House may suspend this rule only by aconstitutional two-thirds vote of all its members.
(1) Standing committees may report a bill to the House with the recommendation that itbe placed on the consent calendar if:(a) the sponsor has requested it;(b) the committee has passed the bill out favorably by an unanimous vote with a quorumpresent; and(c) in a separate motion and vote, the committee has, with a quorum present,unanimously recommended that the bill be placed on the consent calendar.(2) Upon adoption of the committee report by the House, the Chief Clerk of the Houseshall place the bill on the consent calendar.(3) (a) Each day, the Speaker shall call the attention of the members of the House to thebills on the consent calendar and inform them that if they have any objections to any of thesebills, they should register them with the Chief Clerk.(b) If objections are registered by six or more members of the House, the bill shall beremoved from the consent calendar, and placed on the bottom of the third reading calendar.(c) No debate is in order on a bill on consent calendar.(4) If after three days during which the House has floor time, no more than five membershave registered objections to the bill with the Chief Clerk:(a) the bill shall be read the third time (cf. HR-27.16);(b) the sponsor of the bill may take two minutes to introduce and explain the bill; and(c) the bill shall be placed before the House, and considered for final passage.
(1) (a) After the transmittal letter from the Senate informing the House that the Senatehas amended a House 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 theconcurrence calendar for at least one legislative day before the House may consider the questionof concurrence.(c) During the last two days of the annual general session, and during any specialsessions, the bill may be considered for concurrence after giving House members reasonable timeto review the Senate amendments.(2) When presented to the House, the question shall be: "This bill (resolution) has beenread three times; the question is: Shall the House concur in the Senate amendments?"
The filing of the Declaration of Conflict of Interest form with the Chief Clerk of theHouse satisfies the requirement of disclosing a legislator's conflict of interest.
(1) (a) Before speaking on the floor of the House on any legislation or legislative matterin which a House member reasonably believes that he may have a conflict of interest, the Housemember should orally disclose to the House that he may have a conflict of interest and what thatconflict is.(b) The declaration of the conflict of interest shall be noted in the House Journal.(2) Nothing in this House rule requires a House member with a conflict of interest onlegislation or a legislative matter pending before the House to orally disclose that conflict ofinterest if the House member does not speak on the legislation or legislative matter and theconflict has been disclosed on the legislator's conflict of interest form.
(1) No Representative may speak to a matter and reserve the right to make a motion afterthose comments unless he receives permission to do so by the Speaker. The Representative shallconfine his remarks to the subject of the motion to be made. The only motions which can bereserved in this way are:(a) a motion to amend; and(b) a substitute motion.(2) When a motion is made orally, it shall be stated by the Speaker; if the motion is madein writing, it shall be given to the Chief Clerk and distributed to the members.
A motion may be withdrawn by the maker of the motion at any time prior to the vote onthe motion.
No second is required to any motion during any House floor consideration or in a Housecommittee.
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;(4) to call the House;(5) to move the previous question;(6) to refer to a committee (commit or recommit);(7) to limit debate;(8) to postpone to a time certain;(9) to circle;(10) to strike the enacting clause; or(11) 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.If an amendment to a bill has been proposed and is under consideration by the body, anymotion for the previous question shall only be directed toward the amendment. If noamendment or substitution to a bill has been proposed to the house, a motion to move theprevious question shall be to the bill itself.During a roll call, no motion or other business is in order except for a call of the House,until after the announcement of the result of the vote.
(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 hasbeen transacted; or(c) when another Representative has the floor.(2) If a motion for adjournment has been made, no substitute motion for adjournment isin order. However, a motion for adjournment may be amended with the approval of the sponsorof the original motion.
(1) A motion to circle any bill temporarily holds the bill in place on the calendar.(2) (a) A motion to circle preserves all amendments already adopted by the House.(b) A motion to circle extinguishes all amendments pending at the time that the motion ismade.(3) When a motion to uncircle is made:(a) amendments already adopted by the House are part of the bill; and(b) any amendments that were being discussed at the time the bill was circled areextinguished and a new motion to amend must be made in order to revive them.
If a motion to postpone to a day certain or indefinitely or to refer a matter to committee isdefeated, such motion may not be renewed on the same day, or during the same reading of a bill.
A motion to strike the enacting clause of a bill has precedence over a motion to amend. Ifcarried, this motion defeats the bill.
When a blank is to be filled on a bill with a sum or a time, those motions proposing theleast sum and the shortest time are given precedence.
Any amendment must be germane to the original bill or resolution under considerationand may not be offered if it is opposite to the motion or amendment it replaces.
.A motion to refer to committee, to postpone to a time certain, or to circle precludesconsideration of all amendments and debate on the main question.
A motion to adjourn or recess, shall be decided without debate. A motion for previousquestion or to extend the time for debate are also nondebatable motions. All questions of orderarising from one of the above motions shall also be decided without debate.
If a question in debate contains several points, a Representative may have the questiondivided. The request to divide must clearly state how the question is to be divided. A motion tostrike out and insert is not subject to division. However, the rejection of a motion to strike outand insert one proposition does not preclude a motion to strike out and insert a differentproposition.The Speaker or the designee of the Speaker shall determine how many divisions may bemade to any question. The body may seek to overrule this decision only once.
A substitute motion, if adopted by vote of a majority of the members present, disposes ofthe original motion.A motion for the previous question, which is a call for an end to debate and a vote on thematter under discussion, cannot be made as a substitute motion.
At the beginning of each session of the House, before the reading of any bill or resolution,the House Rules Committee chair shall make the following motion:"Mr. (Madam) Speaker, as allowed by the Utah Constitution and the Joint Rules of theLegislature, I move that the House continue its practice of reading only the short title of bills andresolutions as they are introduced or considered on a House calendar and not read the long title ofthe bills and resolutions unless a majority of the House directs the reading of the long title, shorttitle, or both of any House or Senate bill or resolution."
(1) Any member of the House may make a motion to lift a bill or resolution from astanding committee or the House Rules Committee and place it on the third reading calendar.(2) (a) Except as provided in Subsection (2)(b), if the motion is approved by a majorityof the members present, the bill or resolution shall be placed on the third reading calendar.(b) During the 43, 44, and 45 day of the annual general session, and during any specialsession, a motion to lift a bill from committee must be approved by a vote of two-thirds of themembers present.
(1) Without permission from the House, no Representative may speak more than twiceon the same bill, each amendment, or substitution in any one debate on the same day and on thesame reading of the bill. Representatives who have spoken once are not entitled to the flooragain, except for explanation, if any Representative who has not spoken wishes to speak.(2) No Representative may speak longer than 15 minutes at any time, unless anotherRepresentative yields his time to the Representative who has the floor.(3) Unless extended by a majority vote:(a) during the first 38 days of any general session floor time on any legislation may notexceed eight hours;(b) during the last seven days of any general session, floor time on any legislation maynot exceed two hours.
No Representative shall interrupt or question another Representative in debate withoutthe Representative's consent. To obtain such consent, the Representative shall first address theSpeaker and receive the consent of the member through the Speaker.
Notwithstanding the passage of a motion to end debate, the chief sponsor of anylegislation or motion shall open and close debate.
The Speaker shall, if requested during debate on a bill, have the chairman of the standingcommittee to which the bill was assigned report the recommendations of the committee to theHouse.
The motion for the previous question, which is a call for an end to debate and a vote onthe matter under discussion, must be approved by a vote of two-thirds of the Representativespresent.
The Speaker may call a Representative to order if the Representative is speakingimpertinently, superfluously, tediously, or irrelevantly. If called to order, the Representative shallsit down, unless granted permission to explain his speech.
All amendments to bills over 15 words shall be typewritten on pink paper and distributedto the Chief Clerk, the Journal Clerk, and all Representatives before the amendment is proposed. All other motions except motions to adjourn, circle, table, or refer to committee shall be writtenif requested by any Representative.
A constitutional amendment, resolution, or bill requiring a vote of a constitutionaltwo-thirds of the members of the House for final passage, may be amended by a majority vote.
Amendments or substitutions are in order on the third reading of a bill.
Amendments or any substitution made in committee are part of the bill upon adoption ofthe committee report by the House.
When a bill is referred to committee with amendments or substitution pending, action onthe amendments or substitution shall be reported to the House.
If a motion for an amendment or substitution is made, the House shall first consider theamendment or substitution, before turning its attention to the bill itself.
All Representatives within the House chamber when a vote is being taken shall vote. Immediately preceding the roll call vote, a Representative may make a brief statement explainingany conflict of interest.
Representatives may not vote on a bill or motion unless present in the House chamber. Ifthe vote is by roll call or division, a Representative entering the chamber after the question isposed, and before it is decided, may have the question stated and vote.
The vote on final passage of all bills is by roll call or by electronic voting. If by roll call,the names of the Representatives shall be called alphabetically, except the Speaker, who is calledlast. A roll call vote or electronic voting on other questions shall be taken if requested by fiveRepresentatives present. Representatives absent or not voting shall be so recorded.
In voting electronically, the Speaker shall announce that voting is open for the measurewhich is to be voted upon. The measure shall be electronically indicated as to whether it is a billor a resolution and its number shall be given. If it cannot be electronically indicated, the Speakerwill announce the measure at the time he announces the voting is open. The Speaker may fix aspecific time limit for voting. The Speaker shall close the voting by announcing: "It appearingthat all members present have voted, voting is closed."
When an electronic roll call vote is taken, the printed tally sheets constitute the officialrecord of the vote.
A majority vote is a majority of those present, except for passage of a bill, which requires38 votes. All matters requiring a constitutional majority require 38 votes. All matters requiring aconstitutional two-thirds require 50 votes. All motions requiring a two-thirds vote may only besuspended by that same two-thirds vote.
(1) After the vote is announced on any question no Representative may vote or changehis vote, unless there is unanimous consent of the Representatives present and the result of thevote is not changed.(2) A Representative desiring to vote or change his vote after the vote has been taken onlegislation or on a motion must do so prior to the next order of business before the House.
Any Representative may change his vote prior to the closing of voting by the chair. AllRepresentatives must vote within the time limit fixed by the Speaker.
The Speaker shall pose questions in this form: "Those in favor (of the question) say aye." After the affirmative vote is counted, the Speaker shall say: "Those opposed, say nay." Thenegative vote shall be counted. If the Speaker questions the result of the count, or if a division iscalled for, electronic voting may be reopened or the Speaker may require those voting aye tostand and be counted first, followed by those voting nay standing and being counted.
Any ten Representatives may demand a call of the House to compel absentRepresentatives to be present in the House chamber.
.When a motion is made for a call of the House, the Speaker shall say: "It requires tenRepresentatives to make a call of the House. Those in favor of the call stand." If a sufficientnumber rise, the call shall be ordered.
No Representative may leave the chamber when a call of the House is ordered. The doorsof the House chamber shall be closed.
The Speaker shall call the roll of the House and the Chief Clerk shall note the absentees. At the Speaker's direction, the Chief Clerk shall furnish the Sergeant-at-Arms with a list of thosewho are absent without leave. The Sergeant-at-Arms shall find the absent Representatives andescort them to the House chamber.
No business may be transacted while the House is under call, except receiving and actingon the report of the Sergeant-at-Arms. No motion is in order except a motion to adjourn or amotion to suspend further proceedings under the call. These motions shall be determined by yeasand nays by a majority vote.
The Sergeant-at-Arms may make a report on the call at any time. If the report isaccepted, the call shall be lifted, and the business pending when the call was ordered shallproceed. A motion to lift the call is by voice vote and a simple majority. If the motion isadopted, the House reconvenes. If the motion is not adopted, the Sergeant-at-Arms shallcontinue searching for the absent Representatives. When all Representatives are present oraccounted for, the call shall be lifted without motion. The doors of the House chamber shall beopened and the House shall proceed with the order of business.
(1) A motion to reconsider a vote on the final passage of a bill requires approval by aconstitutional majority of Representatives.(2) Upon adoption of a motion to reconsider, the bill shall be placed at the top of thethird reading calendar.(3) No bill may be reconsidered by the House of Representatives more than once.(4) This rule does not apply to a motion to reconsider made in a committee.
(1) (a) When a question has been decided on the floor of the House, any Representativevoting with the prevailing side may:(i) move for reconsideration after intervening business; or(ii) give notice that the motion will be made.(b) If a motion for reconsideration is made on the floor of the House after a bill has leftthe possession of the House, the Chief Clerk shall request the bill be returned to the House.(c) A motion for reconsideration is out of order unless the motion is made:(i) before the House adjourns on the legislative day after the action occurred upon whichthe reconsideration is sought; and(ii) by a Representative who previously served notice.(2) (a) When a question has been decided in a committee meeting, any Representativevoting with the prevailing side may move for reconsideration after intervening business.(b) A motion for reconsideration of a motion disposing of a bill is out of order unless themotion is made at the same committee meeting at which the action occurred upon which thereconsideration is sought.(3) (a) On the House floor and in committee:(i) A motion to reconsider takes precedence over all other motions and questions, excepta motion to adjourn.(ii) A motion to reconsider is only nondebatable if the action it seeks to reconsider isnondebatable.(iii) When a motion to reconsider is made, the proponents shall be given five minutes toaddress the issue, the opponents of the motion shall be given five minutes to address the issue,and the proponents shall be given one minute to sum up.(b) A floor motion to reconsider passage of a bill shall include the number and short titleof the bill.
(1) (a) When a Representative gives notice of intention to move for reconsideration offloor action, the Journal Clerk shall record the notice in the journal.(b) The Chief Clerk shall retain the bill until the time for reconsideration has expired orthe bill has been reconsidered.(2) (a) The Chief Clerk shall ensure that the House retains possession of a bill for at least24 hours when:(i) a Representative gives notice of intention to move for reconsideration to the ChiefClerk;(ii) a Representative requests the circle to hold a bill; or(iii) a motion is passed to retain possession of a bill.(b) Notwithstanding the requirements of Subsection (2)(a), a bill may be released earlierthan 24 hours if the House is given prior public notice of the release.
No motion to reconsider is in order after the 42nd day of the annual general session of theLegislature.
(1) As used in this rule:(a) "Former legislator" means a person who is not a current member of the Legislature,but who served in the Utah House or Senate at one time.(b) "Governor's staff" means:(i) a person employed directly by the Office of the Governor or the Office of theLieutenant Governor; and(ii) the director of the Office of Planning and Budget.(c) "Guest" means a person who is not a legislator, legislative employee, a member ofprofessional legislative staff, an intern, a lobbyist, the governor, or the lieutenant governor.(d) "House halls" means the passageways that allow access to the House chamber, Houselounge, House offices, and other areas behind and adjoining the House chamber.(e) (i) "House offices" means the offices behind and adjacent to the House chamber andthe reception areas connected to them.(ii) "House offices" includes the rules committee conference room.(f) (i) "House space" means the House chamber, House lounge, House offices, the House halls, and the other areas behind and adjoining the House chamber.(ii) "House space" does not mean the common public space outside the front of theHouse chamber.(g) "Immediate family" means any parent, spouse, child, grandparent, grandchild,great-grandparent, great-grandchild, or sibling of a member of the House who is not a lobbyist.(h) "Intern" means a person who is an official participant in the intern program sponsoredby the Utah Legislature.(i) (i) "Lobbyist" means either:(A) a person required to register as a lobbyist by Section 36-11-103; or(B) a person who is seeking to influence any legislator to vote for or vote against anylegislation.(ii) "Lobbyist" does not mean the governor or lieutenant governor.(2) (a) While the House is convened in annual general session or special session andexcept as provided in Subsections (2)(b), (c), (d), and (e):(i) only legislators, legislative employees, professional legislative staff, interns, formerlegislators who are not lobbyists, the governor, and the lieutenant governor are allowed in theHouse chamber; and(ii) a Representative may have no more than one guest in the House chamber at any onetime.(b) A Representative may invite only one of the following to sit next to theRepresentative in the House chamber:(i) a member of the Representative's immediate family;(ii) another legislator;(iii) a legislative employee;(iv) a member of professional legislative staff; or(v) an intern.(c) The Speaker may authorize special guests to be present in the chamber or to sit with alegislator.(d) (i) Except as provided in Subsection (2)(d)(ii), lobbyists do not have access to thefloor of the House.(ii) (A) The Representative sponsoring a bill being debated by the House may invite onelobbyist with expertise on the bill being considered to be present in the chamber.(B) The Representative shall inform the Sergeant-at-Arms that the lobbyist is present.(C) The Representative shall ensure that the lobbyist is seated on a bench in the rear ofthe chamber during the presentation and debate on the bill.(D) If, during the course of debate on the bill, the Representative needs the assistance ofthe lobbyist, the Representative may request the permission of the Speaker to have the lobbyistapproach the Representative sponsoring the bill to provide the needed information.(E) When the House moves to another item of business, the lobbyist shall leave theHouse floor.(e) Representatives who invite guests who are not lobbyists into the chamber shall:(i) unless the guest is authorized by this rule to sit next to the Representative, ensure thatthe guest sits on a bench in the rear of the chamber; and(ii) inform the guest that they may only stay for a short visit not to exceed one hour.(f) Representatives who are visited by groups shall arrange with the Sergeant-at-Arms forthem to be seated in the gallery.(3) (a) While the House is convened in annual general session or special session andexcept as provided in Subsection (3)(b), only legislators, legislative employees, professionallegislative staff, immediate family, interns, former legislators who are not lobbyists, thegovernor, the lieutenant governor, and the governor's staff are allowed in the House lounge.(b) (i) A Representative may invite a small number of lobbyists or guests to meet withthe Representative in the House lounge to educate them about the legislative process or todiscuss specific legislative issues.(ii) The Representative shall ensure that the lobbyists and guests leave the House spacewhen the meeting is over.(4) (a) While the House is convened in annual general session or special session andexcept as provided in Subsection (4)(b), only legislators, legislative employees, professionallegislative staff, immediate family, interns, and former legislators who are not lobbyists areallowed in the House offices.(b) (i) A Representative may invite a small number of lobbyists or guests to meet withthe Representative in the Representative's House office or the rules committee conference roomto discuss specific legislative issues.(ii) The Representative shall ensure that the lobbyists and guests leave the House spacewhen the meeting is over.(5) (a) While the House is convened as a body in House chambers and except asprovided in Subsection (5)(b), only the following persons are allowed in the House halls:(i) legislators;(ii) legislative employees;(iii) professional legislative staff;(iv) interns;(v) former legislators who are not lobbyists;(vi) the governor; and(vii) the lieutenant governor.(b) Immediate family, lobbyists, and guests in transit to the House chamber, Houselounge, or House offices may pass through the House halls.(6) The Sergeant-at-Arms, under the direction of the Speaker, shall enforce therequirements of this rule.
When the House is in session, no one other than the Speaker or a member may occupy thechair or use the desk of the Speaker or any Representative.
Lobbying is not permitted in the House chamber.
The Sergeant-at-Arms and the employees under his direction shall enforce theLegislative Rules.
Visiting groups and individuals may be recognized by the Speaker or introduced by anyRepresentative requesting personal privilege for that purpose.
(1) (a) News media representatives with House press credentials shall be admitted to theHouse chamber, halls, lounge, and committee rooms.(b) While the House is convened as a body in House chambers, news mediarepresentatives shall remain in the area designated for the news media and may not enter the floorof the House, the circle, or the Speaker's dais.(2) With permission of the Speaker or the Speaker's designee, the news media mayconduct and record interviews in the House lounge, halls, available committee rooms, or in theHouse chamber or gallery.(3) The news media shall also comply with the other provisions in HR-33.02 and HR-33.03.(4) The Sergeant-at-Arms, under the direction of the Speaker, shall enforce therequirements of this rule.
(1) These House rules shall be initially adopted at the beginning of each legislativesession by a constitutional two-thirds vote.(2) Except as provided in this subsection and in Subsection (3), after the initial adoptionof these rules, additional rules may be adopted or existing rules may be suspended, amended, or repealed by a majority vote, except the following, which require a two-thirds vote to adopt,suspend, amend, or repeal:(a) rules governing limitation of debate;(b) rules governing motions on the previous question;(c) rules governing motions for lifting a tabled bill from committee;(d) rules governing consideration of bills during the last three days of a session; and(e) rules governing voting as in HR-30.06.(3) Any rule that includes a voting requirement of more than a constitutional majoritymust be adopted and may only be amended, suspended, or repealed by a constitutional two-thirdsvote of all Representatives.
If the suspension of any Legislative Rule is governed by the Utah Constitution or itsstatutes, that rule may be suspended only as provided therein.
In addition to legislative rules, the presiding officer may use Mason's Manual ofLegislative Procedure as a reference when a question arises about parliamentary practice,legislative process, or legislative procedure that is not resolved by reference to legislative rules.
When a motion for executive session is adopted, the House chamber doors shall beclosed. The Speaker may require all persons, except the Representatives, Chief Clerk, JournalClerk, and Sergeant-at-Arms to leave. During the discussion, everyone present shall remainwithin the chamber. Everyone present shall keep all matters discussed in executive sessionconfidential.
The House of Representatives has the sole power to initiate impeachment proceedings. Inorder to impeach, two-thirds of all the members elected must vote in favor of it. UtahConstitution Article VI, Section 17.
The Governor, other state and judicial officers, except justices of the peace, are subject toimpeachment for high crimes, misdemeanors, or malfeasance in office. Judgment inimpeachment cases only extends to removal from office and disqualification to hold any office ofhonor, trust, or profit in the state. The person tried, whether convicted or acquitted, is subject toprosecution, trial, and punishment according to law. Utah Constitution Article VI, Section 19.
No person may be tried for impeachment unless he has been served with a copy of thearticles of impeachment at least ten days before his trial. After a person has been served, he maynot exercise the duties of his office until he has been acquitted. Utah Constitution Article VI,Section 20.
All officers who are not subject to impeachment shall be removed from office for any ofthe offenses specified in Utah Constitution Article VI, in the manner provided by law. UtahConstitution Article VI, Section 21.
If any member submits a resolution to the House to begin impeachment proceedings, theHouse shall adopt, by majority vote, policies establishing procedures for, and governing theconduct of, the impeachment process.
As used in this House Rule:(1) (a) "Government official" means:(i) an individual elected to a position in state or local government when acting within hisofficial capacity; and(ii) an individual appointed to or employed in a full-time or part-time position by state orlocal government when acting within the scope of employment or within his official capacity.(b) "Government official" does not mean a member of the legislative branch of stategovernment.(2) "Lobbyist" has the meaning identified in Subsections 36-11-102(9)(a) and (b).(3) (a) "Volunteer lobbyist" means a person not registered as a lobbyist who engages inlobbying within the meaning of Subsection 36-11-102(8).(b) "Volunteer lobbyist" does not mean an individual who appears on the individual'sown behalf to engage in lobbying within the meaning of Subsection 36-11-102(8).
A lobbyist, volunteer lobbyist, or government official may not:(1) attempt to influence any legislator, elected or appointed state official, state employee,or legislative employee by means of deceit or by threat of violence or economic or politicalreprisal against any person or property, with intent by doing so to alter or affect the legislator's,elected or appointed state official's, state employee's, or legislative employee's decision, vote,opinion, or action concerning any matter that is to be considered or performed by him or theagency or body of which he is a member;(2) knowingly provide false information to any legislator, elected or appointed stateofficial, state employee, or legislative employee as to any material fact pertaining to anylegislation;(3) knowingly omit, conceal, or falsify in any manner information required by thelobbyist registration and lobbyist disclosure reports;(4) participate in committee assignments or leadership races of the House ofRepresentatives;(5) cause or influence the introduction of any bill or amendment for the purpose ofafterwards becoming employed to secure its passage or defeat;(6) misappropriate or misuse legislative office supplies;(7) use legislative reproduction or facsimile machines without paying for that use;(8) enter or use a legislator's, elected or appointed state official's, state employee's, orlegislative employee's office, phone, computer, or parking space without explicit permission;(9) attempt to remove or remove any document from any legislator's or legislativeemployee's office, desk, file cabinet, reproduction machine, facsimile machine, or any other placewithout explicit permission;(10) engage in sexually harassing behavior or behavior violative of the Utah Legislature'ssexual harassment policy towards legislators or employees of the Legislature;(11) offer employment to any legislator or legislative employee that impairs thelegislator's or legislative employee's independence of judgement as to their official duties;(12) offer employment that would require or induce a legislator or legislative employeeto disclose records classified as private, protected, or controlled;(13) use or disclose for personal financial gain any records classified as private,protected, or controlled that were obtained from a legislator or legislative employee or conspirewith any person for that purpose; or(14) induce or seek to induce any legislator or legislative employee into committing aviolation of any provision of this House rule.
On the first day of each annual general legislative session, the first day of each specialsession, and on February 15, the Chief Clerk of the House shall inform house members abouthow to obtain a current list of registered lobbyists and their clients.
(1) To initiate an ethics complaint against a lobbyist, volunteer lobbyist, or governmentofficial who has violated the Lobbyist Code of Ethics established in HR-38.02, three legislatorsshall file a written complaint with the Speaker of the House, the House minority leader, and thelobbyist, volunteer lobbyist, or government official who is the subject of the complaint.(2) The written complaint shall contain:(a) the name and address of each of the three Representatives who are filing thecomplaint;(b) the name of the lobbyist, volunteer lobbyist, or government official who is the subjectof the complaint;(c) the nature of the alleged violation, citing specifically to the provisions of HR-38.02that the lobbyist, volunteer lobbyist, or government official is alleged to have violated;(d) all documents that support the complaint as an attachment to it; and(e) any facts alleged to support the complaint.(3) (a) Any complaint filed under this rule is a protected record under Title 63, Chapter 2,Government Records Access and Management Act, until referred to the House ManagementCommittee for action, because disclosure of the information in the complaint would constitute aclearly unwarranted invasion of personal privacy whose disclosure is not in the public interest.(b) Any complaint filed under this rule that is dismissed by the Speaker and minorityleader is a protected record under Title 63, Chapter 2, Government Records Access andManagement Act, because disclosure of the information in the complaint would constitute aclearly unwarranted invasion of personal privacy whose disclosure is not in the public interest.
(1) (a) After receiving the complaint, the Speaker shall meet with the legislators whofiled the complaint, the lobbyist, volunteer lobbyist, or government official who is the subject ofthe complaint, and any other persons who have relevant information about the complaint.(b) In that meeting, the Speaker may choose to meet with those persons together orseparately.(2) (a) After the meeting the Speaker shall inform the minority leader that the Speakerrecommends that:(i) the complaint be dismissed;(ii) the lobbyist, volunteer lobbyist, or government official be privately chastised and thecomplaint be dismissed; or(iii) the House Management Committee be convened to hear the complaint.(b) (i) After receipt of the Speaker's recommendation, the minority leader shall meet withthe legislators who filed the complaint, the lobbyist, volunteer lobbyist, or government officialwho is the subject of the complaint, and any other persons who have relevant information aboutthe complaint.(ii) In that meeting, the minority leader may choose to meet with those persons togetheror separately.(c) After the meeting, the minority leader shall prepare a letter informing the Speaker thatthe minority leader:(i) concurs in the Speaker's recommendation for disposition of the complaint; or(ii) does not concur in the Speaker's recommendation for disposition of the complaint.(d) If the minority leader concurs in the Speaker's recommendation, the Speaker shallimplement the decision.(e) If the minority leader does not concur in the Speaker's recommendation, the Speakershall, within 30 days after having received the written complaint, convene the HouseManagement Committee to hear the complaint.
(1) If the Speaker must convene the House Management Committee, the Speaker shall,after consultation with the House minority leader, schedule a House Management Committeemeeting to adjudicate the complaint.(2) (a) The committee must comply with the procedures and requirements of Title 52,Chapter 4, Open and Public Meetings, including the procedures and requirements for closing ameeting.(b) The Office of Legislative Research and General Counsel shall staff the committee.(3) (a) At the hearing, the committee shall review the complaint.(b) The committee may allow the legislators who filed the complaint to address and bequestioned by the committee.(c) The committee shall provide the lobbyist, volunteer lobbyist, or government officialwho is the subject of the complaint with the opportunity to address and be questioned by thecommittee.(d) The committee may allow other persons with information relevant to the complaint toaddress and be questioned by the committee.(e) (i) The complainants, the lobbyist, volunteer lobbyist, or government official, and anywitness appearing before the committee may have legal counsel present.(ii) That counsel may privately advise their client about the client's legal rights whenspecifically requested to do so by their client, but may not address the committee, ask questionsof any party or witness, or engage in oral arguments with the committee.(iii) If counsel fails to abide by any of these rules, the committee may exclude thecounsel from the meeting.
(1) If the committee determines by a preponderance of the evidence that the lobbyist,volunteer lobbyist, or government official has violated one or more provisions of HR-38.02, thecommittee may impose any sanction against the lobbyist, volunteer lobbyist, or governmentofficial that is not forbidden by the United States or Utah constitution.(2) Appropriate sanctions include, but are not limited to, any, all, or some combination ofthe following:(a) prohibiting the lobbyist, volunteer lobbyist, or government official from access tosome or all of the legislative area of the Capitol for a period of time; and(b) recommending an adjudicative proceeding be filed with the lieutenant governoragainst the lobbyist under Title 36, Chapter 11, Part 4, Penalties and Statutory Construction.