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First Substitute S.J.R. 1
Representative Melvin R. Brown proposes to substitute the following bill:
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JOINT RULES RESOLUTION -
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APPROPRIATIONS PROCESS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Leonard M. Blackham
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A JOINT RESOLUTION OF THE LEGISLATURE REVISING JOINT RULES; MODIFYING
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THE PROCESS FOR ADDRESSING CERTAIN APPROPRIATION REQUESTS; REVISING
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APPROPRIATION SUBCOMMITTEE RESPONSIBILITIES; SPECIFYING APPROPRIATION
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SUBCOMMITTEE MEETING REQUIREMENTS; MAKING TECHNICAL CORRECTIONS;
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AND PROVIDING AN EFFECTIVE DATE.
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This resolution affects legislative rules as follows:
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AMENDS:
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JR-3.02
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JR-4.22
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JR-19.02
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ENACTS:
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JR-4.22.1
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Be it resolved by the Legislature of the state of Utah:
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Section 1.
JR-3.02
is amended to read:
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JR-3.02. Joint Appropriations Committee.
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(1) The Joint Appropriations Committee of the Legislature consists of all the members of
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the Legislature.
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(2) (a) The members of the Joint Appropriations Committee shall be divided into the
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following subcommittees:
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(i) Capital Facilities and Administrative Services;
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(ii) Commerce and Revenue;
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(iii) Economic Development and Human Resources;
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(iv) Executive Offices, Criminal Justice, and Legislature;
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(v) Health and Human Services;
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(vi) Higher Education;
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(vii) Physical Resources;
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(viii) Public Education;
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(ix) Retirement; and
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(x) Transportation and Environmental Quality.
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(b) The President of the Senate and Speaker of the House shall appoint their respective
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members to each subcommittee.
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(c) The Retirement Subcommittee shall have the same members as the Retirement
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Standing and Retirement Interim Committees.
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(3) (a) A majority of any committee or subcommittee constitutes a quorum for the
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transaction of business.
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(b) In determining a committee or subcommittee quorum, a majority is at least 50% in one
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house and more than 50% in the other.
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(c) In all decisions of the subcommittees, a majority vote will prevail. A majority vote is
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at least 50% of the members of one house and more than 50% in the other house in attendance.
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(4) (a) There shall be an Executive Appropriations Committee consisting of 18 members
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composed of:
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(i) three members of the majority leadership of the Senate and four members of the
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majority leadership of the House;
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(ii) two members of the minority leadership of the Senate and three members of the
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minority leadership of the House;
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(iii) the chair of the Senate Appropriations Committee and the chair of the House
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Appropriations Committee; and
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(iv) (A) one member from the majority party of the Senate as appointed by the President
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of the Senate or as chosen by the Senate majority caucus;
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(B) two members from the minority party of the Senate as appointed by the Senate
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minority leader or as chosen by the Senate minority caucus; and
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(C) one member from the minority party of the House as appointed by the House minority
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leader or as chosen by the House minority caucus.
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(b) A member of the Executive Appropriations Committee, whose membership is
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determined under Subsection (i) or (ii), may appoint a designee to permanently serve in that
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individual's place with the approval of the Speaker or the President for any majority party member
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or with the approval of the House or Senate minority party leader for any minority party member.
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(c) In all decisions of the Executive Appropriations Committee, a majority vote prevails.
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When a division is requested, that vote must include at least 50% of the members of one house and
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more than 50% of the members of the other house in attendance.
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(5) (a) The Executive Appropriations Committee shall meet no later than the third
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Wednesday in December to:
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(i) direct staff as to what revenue estimate to use in preparing budget recommendations;
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(ii) decide whether or not to set aside special allocations for the end of the session;
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(iii) set aside an appropriate amount for fiscal note bills;
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(iv) approve the appropriate amount for each subcommittee to use in preparing its budget;
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and
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(v) set a budget figure.
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(b) The chairs of each appropriation subcommittee are invited to attend this meeting.
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(6) The Office of Legislative Fiscal Analyst shall prepare revised revenue estimates in
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February.
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(7) The Executive Appropriations Committee shall include in its consideration tax
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collections and revenue policy, tax administration, and analysis of revenue sources.
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(8) (a) With the approval of the Executive Appropriations Committee, time schedules for
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subcommittee meetings will be determined so that no conflict exists with the annual general
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sessions or standing committee meetings of the Legislature.
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(b) Appropriations subcommittees may not meet while the Senate or House is in session
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without special leave from the Speaker of the House and the President of the Senate.
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(9) (a) (i) It is the duty of the appropriations chair of each house to receive the reports of
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the subcommittees and to forward the reports to the Executive Appropriations Committee.
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(ii) The Executive Appropriations Committee shall combine the reports into a total
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appropriations bill.
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(b) The Executive Appropriations Committee shall establish a liaison between their
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committee and each of the appropriations subcommittees.
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(10) All proposed items of expenditure to be included in the final appropriations bill,
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including appropriations for the Legislature and its committees and staff, shall be submitted to one
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of the subcommittees named in this rule for consideration and recommendation.
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(11) (a) After receiving and reviewing subcommittee reports, the Executive Appropriations
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Committee may refer the report back to an appropriations subcommittee with any guidelines the
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Executive Appropriations Committee considers necessary to assist the subcommittee in producing
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a balanced budget.
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(b) The subcommittee shall meet to review the new guidelines and report the adjustments
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to the chairs of the Executive Appropriations Committee as soon as possible.
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(12) (a) After receiving the reports, the appropriations chairs will report them to the
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Executive Appropriations Committee.
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(b) That committee shall:
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(i) make any further adjustments necessary to balance the budget; and
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(ii) complete all decisions necessary to draft the final appropriations bill no later than the
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38th day of the annual general session.
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(13) (a) During the interim, the Executive Appropriations Committee shall meet at least
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every other month on the day before interim meetings on alternating months between Legislative
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Management Committee meetings.
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(b) The first meeting of the Executive Appropriations Committee shall be in the month
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following the first meeting of the Legislative Management Committee.
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(c) The appropriations subcommittee chairs may attend these meetings and provide input
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regarding their budget.
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(14) During the interim, each appropriation subcommittee shall meet monthly or as
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requested by the subcommittee chairs.
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Section 2.
JR-4.22
is amended to read:
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JR-4.22. Bills; Requests; Drafting; Copies; Notes.
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(1) (a) A [member] legislator desiring to introduce a bill that enacts, amends, or repeals
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statutes shall file a Request for Legislation with the Office of Legislative Research and General
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Counsel within the time limits established by JR-19.02.
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(b) A legislator desiring to obtain funding for a project, program, or entity, when that
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funding request does not require that a statute be enacted, repealed, or amended, may not file a
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Request for Legislation but instead shall comply with the procedures and requirements of
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JR-4.22.1.
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[(b)] (c) The request shall:
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(i) designate the chief sponsor[. (c) A bill may have two types of sponsors: (i) a chief
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sponsor], who is knowledgeable about and responsible for providing pertinent information as the
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bill is processed; and
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(ii) supporting legislators who wish to cosponsor the bill.
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(2) (a) When a member files a Request for Legislation, the Office of Legislative Research
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and General Counsel shall:
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(i) review the request and any accompanying bill; and
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(ii) with the approval of the sponsor, prepare the legislation for introduction by making
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any changes necessary to:
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(A) insure that it is in proper legal form;
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(B) remove any ambiguities;
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(C) avoid constitutional or statutory conflicts;
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(D) insure a uniform system of punctuation, capitalization, numbering, and wording;
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(E) eliminate duplication and repeal of laws directly or by implication;
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(F) correct defective or inconsistent section and paragraph structure in arrangement of the
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subject matter of existing statutes;
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(G) eliminate all obsolete and redundant words; and
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(H) correct obvious errors and inconsistencies in punctuation, capitalization, numbering,
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and wording.
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(b) Legislative General Counsel shall indicate on the first page of the bill the drafting
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attorney's approval of the bill.
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(3) The Office of Legislative Research and General Counsel shall reproduce ten copies of
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the approved bill and deliver:
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(a) seven of them to the Chief Clerk or the Secretary; and
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(b) three of them to the Legislative Fiscal Analyst for fiscal notes.
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(4) (a) The Director of the Office of Legislative Research and General Counsel shall note
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on any bill reviewed by an interim committee that the committee recommends the bill or has voted
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the bill out without recommendation.
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(b) This interim committee or note shall be printed with the bill.
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(5) (a) Any Request for Legislation filed directly with the Office of Legislative Research
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and General Counsel, with an accompanying bill, shall be reviewed and approved by it within three
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legislative days.
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(b) A legislative review note shall be attached to the bill, together with any interim
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committee note.
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(c) This three day deadline may be extended if the Director of the Office of Legislative
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Research and General Counsel requests it and states the reasons for the delay.
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(6) (a) (i) When the Legislative Fiscal Analyst receives the approved bill, that office has
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three legislative days to review the bill and provide a fiscal note to the sponsor of the legislation.
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(ii) The fiscal note may be printed 24 hours after the sponsor receives it unless the sponsor
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receives the fiscal note on a Friday, in which case the 24-hour period does not expire until the
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following Monday.
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(iii) The sponsor may direct an earlier release of the fiscal note for printing.
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(iv) If the Legislative Fiscal Analyst determines the bill has no fiscal impact, it may be
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ordered printed immediately after the sponsor has received a copy of the fiscal note, without a
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24-hour delay.
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(b) The three day deadline for the preparation of the fiscal note may be extended if the
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Legislative Fiscal Analyst requests it and states the reasons for the delay.
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(c) The fiscal note shall be printed with the bill.
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(7) (a) The reports of the Legislative Fiscal Analyst and the Office of Legislative Research
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and General Counsel shall be attached to the original copy of the bill.
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(b) The report is not an official part of the bill.
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Section 3.
Section
JR-4.22.1
is enacted to read:
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JR-4.22.1. Appropriations; Requests; Disposition.
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(1) (a) A legislator desiring to obtain funding for a project, program, or entity that has not
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previously been funded, or to obtain additional or separate funding for a project, program, or entity,
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shall file a signed Request for Appropriation with the Office of Legislative Fiscal Analyst within
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the time limits established by JR-19.02.
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(b) The request shall designate:
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(i) the project, program, or entity to be funded;
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(ii) the source for the funding;
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(iii) the chief sponsor, who is knowledgeable about and responsible for providing pertinent
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information as the appropriation is processed; and
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(iv) supporting legislators, if any, who wish to cosponsor the appropriation.
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(2) (a) When a member files a Request for Appropriation, the Legislative Fiscal Analyst
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shall review the request.
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(b) If the request requires that a statute be enacted, amended, or repealed, the Legislative
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Fiscal Analyst shall immediately transfer the request to the Office of Legislative Research and
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General Counsel as a Request for Legislation.
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(c) If the request does not require that a statute be enacted, amended, or repealed, the
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Legislative Fiscal Analyst shall number and title the request and refer the request to the appropriate
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Joint Appropriations subcommittee.
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(3) Each Joint Appropriations subcommittee that receives a Request for Appropriation
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shall:
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(a) allow the sponsor to present and discuss the request with the subcommittee;
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(b) discuss the request; and
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(c) either:
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(i) include all or part of the requested appropriation in the base budget recommendation
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made to the Executive Appropriations Committee;
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(ii) reject the request; or
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(iii) recommend to the Executive Appropriations Committee that all or part of the
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requested appropriation be placed on a funding prioritization list as may be established by the
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Executive Appropriations Committee.
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Section 4.
JR-19.02
is amended to read:
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JR-19.02. Requesting, Refiling, Approving, and Abandoning Bills.
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(1) (a) Except as provided in Subsection (1)(c), a legislator may not file a Request for
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Legislation with the Office of Legislative Research and General Counsel or file a Request for
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Appropriation with the Office of the Legislative Fiscal Analyst after noon on the 11th day of the
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annual general session.
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(b) Except as provided in Subsection (1)(c), by noon on the 11th day of the annual general
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session, each legislator shall, for each [bill] Request for Legislation on file with the Office of
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Legislative Research and General Counsel, either approve the [bill] request for numbering or
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abandon it.
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(c) A legislator may file a Request for Legislation [or], approve a bill for numbering, or
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file a Request for Appropriation any time after noon on the 11th day of the annual general session
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if:
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(i) for House bills, the Representative makes a motion to request a bill for drafting and
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introduction and that motion is approved by a constitutional majority of the House; [or]
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(ii) for a Request for Appropriation submitted by a House member, the Representative
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makes a motion to request an appropriation and that motion is approved by a constitutional
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majority of the House;
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[(ii)] (iii) for Senate bills, the Senator makes a motion to request a bill for drafting and
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introduction and that motion is approved by a constitutional majority vote of the Senate[.]; or
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(iv) for a Request for Appropriation submitted by a Senator, the Senator makes a motion
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to request an appropriation and that motion is approved by a constitutional majority of the Senate.
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Section 5. Effective date.
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This resolution takes effect on May 1, 2000.
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