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H.J.R. 6 Enrolled


Corrected Version





Sponsor: Byron L. Harward

    Evan L. Olsen
Kevin S. Garn

    This resolution affects legislative rules as follows:
    Be it resolved by the Legislature of the state of Utah:
        Section 1. IR-1.02 is amended to read:
         IR-1.02. Creation and Organization of Subcommittees.
        (1) On the recommendation of a majority vote of the interim committee members, and

    upon the approving vote of the Legislative Management Committee, a committee may direct the
    creation of a subcommittee by motion, designating the object of the subcommittee. The chairmen
    shall appoint to the subcommittee as legislative members only legislators on the interim committee
    which created the subcommittee. A subcommittee of an interim committee shall be comprised of at
    least four legislators. The chairman of a subcommittee shall be a legislator. [No interim committee
    shall have more than two subcommittees actively engaged in study at any time without the approval
    of the Legislative Management Committee.] An interim committee may not create a subcommittee
    unless the per diem and expenses of the subcommittee members can be adequately covered within
    the budget of the interim committee.
        (2) Unless approved by Legislative Management Committee, a task force, commission, or
    committee may not create a subcommittee unless:
        (a) the legislation creating the task force, commission, or committee authorizes the creation
    of a subcommittee; and
        (b) the per diem and expenses of the subcommittee members can be adequately covered
    within the task force, commission, or committee budget.
        Section 2. IR-2.01 is amended to read:
         IR-2.01. Meetings of Interim Committees.
        (1) The corresponding interim committees of the two houses shall meet jointly, unless
    otherwise determined by the [chairman] chair of each interim committee.
        (2) Each committee shall meet at the time and in the room assigned by the Legislative
    Management Committee. The committee may meet at additional times or in other locations as
    determined by the [chairmen] chairs, upon issuance of reasonable notice as required by the Utah
    Open and Public Meetings [Act] law.
        (3) Each committee [chairman] chair shall have posted in places designated by the
    Legislative Management Committee the time, location, and agenda of the committee meetings.
        Section 3. IR-2.04 is amended to read:
         IR-2.04. Rights of Members to Attend Meetings.
        Any member of the Legislature may attend any meeting of an interim committee or its

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    subcommittees, and may present views on any subject under consideration. However, no legislator
    has the right to vote on any decision of a committee or subcommittee of which he is not a member.
    All meetings of these committees shall be open to the public except as otherwise provided in the
    Utah Open and Public Meetings [Act] law.
        Section 4. IR-2.06 is amended to read:
         IR-2.06. Public Hearing.
        An interim committee may hold public hearings in addition to or instead of regular
    committee meetings. The [chairman] chair shall give notice of a hearing to persons affected by the
    subject matter under discussion and to the public, in accordance with the Utah Open and Public
    Meetings [Act] law. The [chairman] chair, subject to the approval of the committee, may adopt
    procedures for the orderly conduct of the hearing, including limitation of the time available for the
    entire hearing and for all individual [speakers] presenters, and the order in which [the speakers] those
    presenting shall address the committee. The committee may, at any time, close the public hearing
    and begin a regular committee meeting. [It is the responsibility of the committee in the conduct of
    a hearing to request presentation of testimony by any person who, in the opinion of the committee,
    is qualified to present testimony of importance in the determination of the issues. The testimony
    shall be directed to the committee.] Upon majority vote of the committee, [the] any presenter's
    testimony may be taken under oath.
        Section 5. IR-3.01 is amended to read:
         IR-3.01. Committee Responsibilities.
        The interim committees, meeting jointly, shall:
        (1) receive study assignments by resolution from the Legislature;
        [(1)] (2) receive study assignments from the Legislative Management Committee;
        [(2)] (3) place matters on their study agendas upon notification to the Legislative
    Management Committee; however, if a study request has not been disapproved by the Legislative
    Management Committee [at a meeting held] within 30 days of receipt of the request, the interim
    committee may proceed with the requested study;
        [(3) receive prefiled bills as provided in Senate or House Rules;]

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        (4) request research reports from professional legislative staff pertaining to the committee's
    study agenda;
        (5) investigate and study possibilities for improvement in government services within its
    subject area;
        (6) accept reports from professional legislative staff and make recommendations for
    legislative action with respect to the reports; and
        (7) prepare and recommend to the Legislature a legislative program in response to the
    committee study agenda.
        Section 6. IR-3.02 is amended to read:
         IR-3.02. Minutes.
        (1) Each interim committee and its subcommittees shall keep minutes of its meetings as
    required by the Utah Open and Public Meetings [Act] law.
        (2) Meetings of interim committees and subcommittees may be electronically recorded to
    assist the secretary or analyst in preparing accurate minutes of the meeting. Once the minutes are
    approved by the motion of the committee, they are the official record of the proceedings of the
    committee. The electronic record, if any, may then be erased unless otherwise directed by a majority
    vote of the committee.
        Section 7. IR-3.05 is repealed and reenacted to read:
         IR-3.05. Review of Rules Referred by Administrative Rules Review Committee.
        If the Administrative Rules Review Committee determines that an issue in an agency's rule
    may be more appropriately addressed by the interim committee having oversight of the subject
    matter from that particular agency, the Administrative Rules Review Committee may refer that
    administrative rule to the interim committee and notify the Legislative Management Committee of
    that action.
        Section 8. IR-4.02 is amended to read:
         IR-4.02. Motions in Order during Debate.
        When a question is under debate, no motion shall be received except:
        (1) to fix the time to which to adjourn;

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        (2) to adjourn;
        (3) to [table] hold;
        (4) to postpone to a time certain; [or]
        (5) to amend or substitute[.]; or
        (6) to call for previous question.
        Section 9. IR-4.07 is amended to read:
         IR-4.07. Motion to Hold.
        A motion to [table] hold only disposes of the matter temporarily. The matter may be taken
    [from the table] up at any time, upon the motion of a member and the approval of a majority of the
    committee. A motion to hold may include a time certain for the matter to be considered on the
    committee's agenda.
        Section 10. IR-4.10 is amended to read:
         IR-4.10. Members to Vote; Recording of Votes.
        (1) Each member of the committee present shall vote yea or nay on each question put to vote
    by the [chairman] chair.
        (2) In accordance with the Utah Open and Public Meetings [Act] law, the vote of each
    member on any question shall be recorded in the minutes of the meeting. However, questions
    approved by unanimous vote or by a substantial majority of those present may be recorded as
    approved with only the names of those opposed and those absent listed in the minutes.
        Section 11. Effective date.
        This resolution takes effect upon approval by a constitutional majority vote of all members
    of the Senate and House of Representatives.

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