H.J.R. 6 Enrolled

Corrected Version

JOINT RULES RESOLUTION - AMENDMENTS
TO INTERIM RULES
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Byron L. Harward
Evan L. Olsen
Kevin S. Garn

A JOINT RESOLUTION OF THE LEGISLATURE REVISING INTERIM AND JOINT
RULES; CLARIFYING THE MOTION TO HOLD; CONFORMING RULES TO
STATUTE; MAKING TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE
DATE.
This resolution affects legislative rules as follows:
AMENDS:
IR-1.02
IR-2.01
IR-2.04
IR-2.06
IR-3.01
IR-3.02
IR-4.02
IR-4.07
IR-4.10
REPEALS AND REENACTS:
IR-3.05
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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