H.J.R. 6

1

JOINT RULES RESOLUTION - AMENDMENTS
2 TO INTERIM RULES
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Byron L. Harward
6 Evan L. Olsen
Kevin S. Garn

7 A JOINT RESOLUTION OF THE LEGISLATURE REVISING INTERIM AND JOINT
8 RULES; CHANGING THE QUORUM REQUIREMENTS FOR INTERIM COMMITTEES;
9 CLARIFYING THE MOTION TO HOLD; CONFORMING RULES TO STATUTE; MAKING
10 TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
11 This act affects legislative rules as follows:
12 AMENDS:
13 IR-1.02
14 IR-2.01
15 IR-2.02
16 IR-2.03
17 IR-2.04
18 IR-2.06
19 IR-3.01
20 IR-3.02
21 IR-4.02
22 IR-4.07
23 IR-4.10
24 REPEALS AND REENACTS:
25 IR-3.05
26 Be it resolved by the Legislature of the state of Utah:

1 Section 1. IR-1.02 is amended to read:
2 IR-1.02. Creation and Organization of Subcommittees.
3 (1) On the recommendation of a majority vote of the interim committee members, and
4 upon the approving vote of the Legislative Management Committee, a committee may direct the
5 creation of a subcommittee by motion, designating the object of the subcommittee. The chairmen
6 shall appoint to the subcommittee as legislative members only legislators on the interim committee
7 which created the subcommittee. A subcommittee of an interim committee shall be comprised of
8 at least four legislators. The chairman of a subcommittee shall be a legislator. [No interim
9 committee shall have more than two subcommittees actively engaged in study at any time without
10 the approval of the Legislative Management Committee.] An interim committee may not create
11 a subcommittee unless the per diem and expenses of the subcommittee members can be adequately
12 covered within the budget of the interim committee.
13 (2) Unless approved by Legislative Management Committee, a task force, commission,
14 or committee may not create a subcommittee unless:
15 (a) the legislation creating the task force, commission, or committee authorizes the
16 creation of a subcommittee; and
17 (b) the per diem and expenses of the subcommittee members can be adequately covered
18 within the task force, commission, or committee budget.
19 Section 2. IR-2.01 is amended to read:
20 IR-2.01. Meetings of Interim Committees.
21 (1) The corresponding interim committees of the two houses shall meet jointly, unless
22 otherwise determined by the [chairman] chair of each interim committee.
23 (2) Each committee shall meet at the time and in the room assigned by the Legislative
24 Management Committee. The committee may meet at additional times or in other locations as
25 determined by the [chairmen] chairs, upon issuance of reasonable notice as required by the Utah
26 Open and Public Meetings [Act] law.
27 (3) Each committee [chairman] chair shall have posted in places designated by the
28 Legislative Management Committee the time, location, and agenda of the committee meetings.
29 Section 3. IR-2.02 is amended to read:
30 IR-2.02. Committee Quorum.
31 [A] (1) For meetings of interim committees on a regularly scheduled interim day, members

- 2 -

1 present during the scheduled time of the meeting constitute a quorum. This type of quorum must
2 include at least one member from each house.
3 (2) For all other meetings, a majority of any committee or subcommittee constitutes a
4 quorum for the transaction of business. If a member of the committee fails to attend two
5 consecutive meetings of a committee or subcommittee, that legislator's membership in the
6 committee or subcommittee is not counted in determining a quorum, except for meetings the
7 legislator actually attends.
8 Section 4. IR-2.03 is amended to read:
9 IR-2.03. Committee and Subcommittee Majority.
10 [For] Subject to Interim Rule 2.02, for the purpose of determining a committee or
11 subcommittee quorum, a majority is at least 50% in one house and more than 50% in the other.
12 For the purpose of voting in a meeting, a majority is at least 50% in one house and more than 50%
13 in the other.
14 Section 5. IR-2.04 is amended to read:
15 IR-2.04. Rights of Members to Attend Meetings.
16 Any member of the Legislature may attend any meeting of an interim committee or its
17 subcommittees, and may present views on any subject under consideration. However, no legislator
18 has the right to vote on any decision of a committee or subcommittee of which he is not a member.
19 All meetings of these committees shall be open to the public except as otherwise provided in the
20 Utah Open and Public Meetings [Act] law.
21 Section 6. IR-2.06 is amended to read:
22 IR-2.06. Public Hearing.
23 An interim committee may hold public hearings in addition to or instead of regular
24 committee meetings. The [chairman] chair shall give notice of a hearing to persons affected by
25 the subject matter under discussion and to the public, in accordance with the Utah Open and Public
26 Meetings [Act] law. The [chairman] chair, subject to the approval of the committee, may adopt
27 procedures for the orderly conduct of the hearing, including limitation of the time available for the
28 entire hearing and for all individual [speakers] presenters, and the order in which [the speakers]
29 those presenting shall address the committee. The committee may, at any time, close the public
30 hearing and begin a regular committee meeting. [It is the responsibility of the committee in the
31 conduct of a hearing to request presentation of testimony by any person who, in the opinion of the

- 3 -

1 committee, is qualified to present testimony of importance in the determination of the issues. The
2 testimony shall be directed to the committee.] Upon majority vote of the committee, [the] any
3 presenter's testimony may be taken under oath.
4 Section 7. IR-3.01 is amended to read:
5 IR-3.01 Committee Responsibilities.
6 The interim committees, meeting jointly, shall:
7 (1) receive study assignments by resolution from the Legislature;
8 [(1)] (2) receive study assignments from the Legislative Management Committee;
9 [(2)] (3) place matters on their study agendas upon notification to the Legislative
10 Management Committee; however, if a study request has not been disapproved by the Legislative
11 Management Committee [at a meeting held] within 30 days of receipt of the request, the interim
12 committee may proceed with the requested study;
13 [(3) receive prefiled bills as provided in Senate or House Rules;]
14 (4) request research reports from professional legislative staff pertaining to the committee's
15 study agenda;
16 (5) investigate and study possibilities for improvement in government services within its
17 subject area;
18 (6) accept reports from professional legislative staff and make recommendations for
19 legislative action with respect to the reports; and
20 (7) prepare and recommend to the Legislature a legislative program in response to the
21 committee study agenda.
22 Section 8. IR-3.02 is amended to read:
23 IR-3.02. Minutes.
24 (1) Each interim committee and its subcommittees shall keep minutes of its meetings as
25 required by the Utah Open and Public Meetings [Act] law.
26 (2) Meetings of interim committees and subcommittees may be electronically recorded to
27 assist the secretary or analyst in preparing accurate minutes of the meeting. Once the minutes are
28 approved by the motion of the committee, they are the official record of the proceedings of the
29 committee. The electronic record, if any, may then be erased unless otherwise directed by a
30 majority vote of the committee.
31 Section 9. IR-3.05 is repealed and reenacted to read:

- 4 -

1 IR-3.05. Review of Rules Referred by Administrative Rules Review Committee.
2 If the Administrative Rules Review Committee determines that an issue in an agency's rule
3 may be more appropriately addressed by the interim committee having oversight of the subject
4 matter from that particular agency, the Administrative Rules Review Committee may refer that
5 administrative rule to the interim committee and notify the Legislative Management Committee
6 of that action.
7 Section 10. IR-4.02 is amended to read:
8 IR-4.02. Motions in Order during Debate.
9 When a question is under debate, no motion shall be received except:
10 (1) to fix the time to which to adjourn;
11 (2) to adjourn;
12 (3) to [table] hold;
13 (4) to postpone to a time certain; [or]
14 (5) to amend or substitute[.]; or
15 (6) to call for previous question.
16 Section 11. IR-4.07 is amended to read:
17 IR-4.07. Motion to Hold.
18 A motion to [table] hold only disposes of the matter temporarily. The matter may be taken
19 [from the table] up at any time, upon the motion of a member and the approval of a majority of the
20 committee. A motion to hold may include a time certain for the matter to be considered on the
21 committee's agenda.
22 Section 12. IR-4.10 is amended to read:
23 IR-4.10. Members to Vote; Recording of Votes.
24 (1) Each member of the committee present shall vote yea or nay on each question put to
25 vote by the [chairman] chair.
26 (2) In accordance with the Utah Open and Public Meetings [Act] law, the vote of each
27 member on any question shall be recorded in the minutes of the meeting. However, questions
28 approved by unanimous vote or by a substantial majority of those present may be recorded as
29 approved with only the names of those opposed and those absent listed in the minutes.
30 Section 13. Effective date.
31 This act takes effect upon approval by a constitutional majority vote of all members of the

- 5 -

1 Senate and House of Representatives.




Legislative Review Note
as of 10-31-96 10:10 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 6 -