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H.R. 4 Enrolled

                 

HOUSE RULES RESOLUTION - WITNESS

                 
OATHS

                 
2003 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Chad E. Bennion

                  This resolution modifies House Rules governing committee responsibilities and public
                  hearings by allowing the committee chair or a majority of the committee to require a
                  witness to swear or affirm an oath to tell the truth. This resolution takes effect
                  immediately.
                  This resolution affects legislative rules as follows:
                  AMENDS:
                      HR-24.12
                      HR-24.14
                  Be it resolved by the House of Representatives of the state of Utah:
                      Section 1. HR-24.12 is amended to read:
                       HR-24.12. Committee Responsibilities.
                      (1) Each committee shall send a report to the House on each bill referred to it. With a
                  majority vote, the committee may transmit bills with a favorable recommendation. Bills may
                  be amended, held, tabled, returned to the House Rules Committee, or substituted in committee.
                  Unless the bill is tabled, held, or returned to the House Rules Committee, the committee shall
                  make a favorable recommendation on the matter to the House. Any bill tabled in committee
                  shall be held until the next meeting, at which time it can be lifted from the table by a two-thirds
                  vote of the committee. Any bill tabled in committee and not lifted at its next committee
                  meeting shall be sent to the House Rules Committee for filing. When a motion to lift a tabled
                  bill is made, the proponents shall be given five minutes to address the motion, the opponents
                  shall be given five minutes to address the motion, and the proponents shall be given one minute
                  to sum up. If a tabled bill is lifted at the next committee meeting, no further action may be
                  taken at that time. However, if the bill is scheduled for a subsequent meeting, it may receive
                  other committee action, including being reported out favorably. A tabled bill can be lifted from


                  the House Rules Committee by a constitutional two-thirds vote of the House of Representatives.
                  If a bill is tabled in a standing committee meeting and a Representative desires to lift the tabled
                  bill from that committee prior to the committee's next meeting, the Representative may do so
                  only with the approving vote of two-thirds of all elected Representatives.
                      (2) The committee may prepare a bill addressing the same subject matter to be
                  introduced under committee sponsorship. The chief sponsor or sponsors of a bill may request in
                  writing that committee members sponsor the measure. Upon agreement by the committee, the
                  individual sponsor may relinquish individual sponsorship of the bill. A majority vote of the
                  committee is required to amend, substitute, table, recommend, hold, or sponsor a bill.
                      (3) Except as specifically provided in this rule regarding the House Rules Committee,
                  HR-24.01 governs the actions that may be appropriately taken by the House Rules Committee.
                      (4) A secretary shall record attendance and take minutes of committee action. The
                  records shall be filed for three years in the office of the Chief Clerk of the House.
                      (5) If the chair allows public comment or testimony on a bill or other matter before the
                  committee, the chair may, or a majority of the committee may, require that any person's or all
                  persons' testimony be taken under oath.
                      Section 2. HR-24.14 is amended to read:
                       HR-24.14. Public Hearing.
                      (1) A public hearing may be held in addition to, or instead of, a regular committee
                  meeting. A public hearing may be held on the subject matter in one or more bills, resolutions, or
                  proposals. The chair shall give the notice in accordance with Title 52, Chapter 4, Open and
                  Public Meetings law. The notice shall include the bills or resolutions to be considered. The
                  chair may, subject to the approval of the committee, adopt procedures for the orderly conduct of
                  the hearing, including limitation on time for the hearing and for individual speakers, and the
                  order in which speakers will be heard. By motion the committee may adjourn the public hearing
                  and begin a regular committee meeting.
                      (2) When public hearings are being held, the committee may request testimony by
                  persons who have expertise on the bills under discussion. [Upon] At the direction of the chair, or

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                  upon a majority vote of the committee, the testimony may be taken under oath. The oath shall be
                  administered by the committee chair, cochair, or committee staff. All public comment and
                  testimony shall be received during the public comment phase of the committee meeting. Upon
                  motion, the public comment phase of the committee meeting shall terminate. The public may not
                  again participate except upon motion to take additional public comment.
                      Section 3. Effective date.
                      This resolution takes effect upon approval by a constitutional majority vote of all
                  members of the House of Representatives.

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