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S.J.R. 1
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JOINT RULES RESOLUTION - MINI
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APPROPRIATIONS PROCESS
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Leonard M. Blackham
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This joint resolution of the Legislature revises joint rules by modifying the process for
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addressing certain appropriation requests, by revising appropriation subcommittee
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responsibilities, and by making technical corrections. This resolution takes effect upon
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approval.
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This resolution affects legislative rules as follows:
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AMENDS:
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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-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funding request does not require that a statute be enacted, repealed, or amended, may not file a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 designate:
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(i) the chief sponsor[. (c) A bill may have two types of sponsors: (i) a chief sponsor],
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who is knowledgeable about and responsible for providing pertinent information as the bill is
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processed; and
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(ii) any 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] ensure 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 2.
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;
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(iv) supporting legislators, if any, who wish to cosponsor the appropriation; and
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(v) the appropriation subcommittee to which the sponsor wishes the request to be assigned,
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if any.
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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 3.
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 4. Effective date.
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This resolution takes effect upon approval by a constitutional majority vote of all members
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of the Senate and House of Representatives.
Legislative Review Note
as of 11-14-00 11:58 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.