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H.R. 4






Sponsor: Chad E. Bennion

             6      This resolution modifies House Rules governing committee responsibilities and public
             7      hearings by allowing the committee chair or a majority of the committee to require a
             8      witness to swear or affirm an oath to tell the truth. This resolution takes effect
             9      immediately.
             10      This resolution affects legislative rules as follows:
             11      AMENDS:
             12          HR-24.12
             13          HR-24.14
             14      Be it resolved by the House of Representatives of the state of Utah:
             15          Section 1. HR-24.12 is amended to read:
             16           HR-24.12. Committee Responsibilities.
             17          (1) Each committee shall send a report to the House on each bill referred to it. With a
             18      majority vote, the committee may transmit bills with a favorable recommendation. Bills may
             19      be amended, held, tabled, returned to the House Rules Committee, or substituted in committee.
             20      Unless the bill is tabled, held, or returned to the House Rules Committee, the committee shall
             21      make a favorable recommendation on the matter to the House. Any bill tabled in committee
             22      shall be held until the next meeting, at which time it can be lifted from the table by a two-thirds
             23      vote of the committee. Any bill tabled in committee and not lifted at its next committee
             24      meeting shall be sent to the House Rules Committee for filing. When a motion to lift a tabled
             25      bill is made, the proponents shall be given five minutes to address the motion, the opponents
             26      shall be given five minutes to address the motion, and the proponents shall be given one minute
             27      to sum up. If a tabled bill is lifted at the next committee meeting, no further action may be

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

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

Legislative Review Note
    as of 1-20-03 10:20 AM

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

Office of Legislative Research and General Counsel

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