H.R. 2

1

HOUSE RULES RESOLUTION - STANDING
2 COMMITTEE PROCESS AMENDMENTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ralph Becker
6
7 LONG TITLE
8 General Description:
9 This House resolution enacts specific procedures governing the consideration of bills,
10 substitutes, and amendments in standing committees.
11 Highlighted Provisions:
12 This resolution:
13 . requires that proposed bills receive a public hearing in a standing committee;
14 . establishes a process for the public to submit written comments on proposed bills,
15 substitutes, and amendments;
16 . requires the committee chair to include guidelines about testifying before a standing
17 committee with the agenda;
18 . requires that each person testifying before a standing committee complete a form
19 disclosing identification information;
20 . establishes a precise procedure for considering each bill, substitute, or amendment
21 before the committee including requirements for:
22 . a presentation by the sponsor or the sponsor's designee;
23 . questions from the committee;
24 . a public hearing on the bill that allows noncommittee members to testify, with
25 details about the order of testimony and provisions encouraging fairness;
26 . the formal closing of the public hearing and return to the committee for action;
27 and

28 . a final statement by the sponsor about the bill, substitute, or amendment before
29 the committee takes a vote on the bill; and
30 . clarifies the process for administering oaths to persons testifying before the
31 committee.
32 Special Clauses:
33 This resolution provides an immediate effective date.
34 Legislative Rules Affected:
35 AMENDS:
36 HR-23.13
37 HR-24.12
38 REPEALS:
39 HR-24.14
40
41 Be it resolved by the House of Representatives of the state of Utah:
42 Section 1. HR-23.13 is amended to read:
43 HR-23.13. Standing Committee Review.
44 (1) (a) The House of Representatives may not pass a bill, joint resolution, or concurrent
45 resolution during the annual general session that has not been reviewed by a House standing
46 committee.
47 [(2)] (b) This rule does not apply to:
48 [(a)] (i) any resolution regarding legislative rules or legislative personnel;
49 [(b)] (ii) bills that have been approved by an interim committee;
50 [(c)] (iii) the revisor's statute; or
51 [(d)] (iv) the appropriations act, the supplemental appropriations acts, the school
52 finance act, the executive compensation act, and any bonding act that has been reviewed and
53 approved by the Executive Appropriations Committee.
54 (2) (a) (i) The committee chair shall include as part of the agenda a notice in
55 substantially the following form: "Notice: Any person interested in submitting written
56 comments about any bill on this agenda may do so by submitting those comments to the
57 committee chair or committee staff, with sufficient copies so that each committee member and
58 each committee staff member receives a copy and five extra copies."

59 (ii) The chair shall ensure that any written comments received are distributed to
60 committee members before the bill is discussed.
61 (b) The chair shall attach to each agenda guidelines explaining requirements for
62 testifying to the standing committee, including those specified in this rule as well as any other
63 special requirements that the chair intends to enforce.
64 (3) The chair shall ensure that each person wishing to speak to the committee
65 completes a form that identifies:
66 (a) the person's name;
67 (b) the entity or organization that the person represents, if any;
68 (c) the estimated amount of time that the person will need to address the committee
69 and respond to questions; and
70 (d) a way to contact the person, which might include the person's telephone number,
71 email address, or postal address.
72 (4) (a) For each bill included on a House standing committee agenda, the standing
73 committee chair or person presiding shall comply with the procedures contained in this
74 Subsection (4) in the order stated.
75 (b) The presiding officer shall:
76 (i) allow the sponsor and the sponsor's designee, if any, to present and explain the
77 purpose of the bill in detail;
78 (ii) allow standing committee members to ask questions of the sponsor and allow the
79 sponsor to respond to those questions;
80 (iii) after completion of the sponsor's presentation and committee question period, open
81 a public hearing on the bill;
82 (iv) if necessary, establish time limits for members of the public wishing to address the
83 committee and enforce those time limits to ensure, to the degree practicable, that public
84 proponents and opponents have approximately equal opportunity to address the committee;
85 (v) direct members of the public addressing the committee to avoid making redundant
86 statements and to ensure that their comments are relevant and germane to the bill being
87 considered by the committee;
88 (vi) allow members of the public that the committee has invited to address it on the
89 issue, if any, to speak first and to respond to questions from the committee;

90 (vii) allow executive or judicial branch representatives, if any are present, to address
91 the issue;
92 (viii) allow members of the public who have signed the speaker's form to address the
93 committee in the order that they signed the form;
94 (ix) if time permits:
95 (A) allow other members of the public who did not sign the speaker's sheet to address
96 the committee; and
97 (B) allow other members of the public who have already addressed the committee
98 additional time to supplement their comments;
99 (x) end the public hearing by announcing that the public hearing will be closed unless
100 any committee member objects;
101 (xi) if any committee member objects to the chair's decision to end the public hearing,
102 submit the question of closing the public hearing to the committee for its vote;
103 (xii) if the committee upholds the objection, continue the public hearing;
104 (xiii) if the committee votes to end the public hearing, or if no committee member
105 objects to ending the public hearing, formally announce that the public hearing on the bill has
106 ended and return to the committee for motions, discussion, and decision; and
107 (xiv) before taking a vote on the bill, allow the sponsor to make a final statement about
108 the bill.
109 (c) After announcing the end of the public hearing, the presiding officer may not accept
110 any comments from members of the public unless the committee reopens the public hearing
111 portion of the meeting by majority vote.
112 (5) (a) For each substitute bill and for each amendment to a bill or substitute bill being
113 considered by a House standing committee, the standing committee chair or person presiding
114 shall comply with the procedures contained in this Subsection (5) in the order stated.
115 (b) The presiding officer shall:
116 (i) allow the legislator proposing the substitute or amendment, and that legislator's
117 designee, if any, to present and explain the purpose and effect of the substitute or amendment
118 in detail;
119 (ii) allow standing committee members to ask questions of the sponsor and allow the
120 sponsor to respond to those questions;

121 (iii) after completion of the sponsor's presentation and committee question period, open
122 a public hearing on the substitute or amendment;
123 (iv) if necessary, establish time limits for members of the public wishing to address the
124 committee and enforce those time limits to ensure, to the degree practicable, that public
125 proponents and opponents have approximately equal opportunity to address the committee;
126 (v) direct members of the public addressing the committee to avoid making redundant
127 statements and to ensure that their comments are relevant and germane to the substitute or
128 amendment being considered by the committee;
129 (vi) allow members of the public that the committee has invited to address it on the
130 issue, if any, to speak first and to respond to questions from the committee;
131 (vii) allow executive or judicial branch representatives, if any are present, to address
132 the issue;
133 (viii) allow members of the public who have signed the speaker's form to address the
134 committee in the order that they signed the form;
135 (ix) if time permits:
136 (A) allow other members of the public who did not sign the speaker's sheet to address
137 the committee; and
138 (B) allow other members of the public who have already addressed the committee
139 additional time to supplement their comments;
140 (x) end the public hearing by announcing that the public hearing will be closed unless
141 any committee member objects;
142 (xi) if any committee member objects to the chair's decision to end the public hearing,
143 submit the question of closing the public hearing to the committee for its vote;
144 (xii) if the committee upholds the objection, continue the public hearing;
145 (xiii) if the committee votes to end the public hearing, or if no committee member
146 objects to ending the public hearing, formally announce that the public hearing on the
147 substitute or amendment has ended and return to the committee for motions, discussion, and
148 decision; and
149 (xiv) before taking a vote on the amendment, allow the sponsor of the substitute or
150 amendment to make a final statement about the substitute or amendment.
151 (c) After announcing the end of the public hearing, the presiding officer may not accept

152 any comments from members of the public unless the committee reopens the public hearing
153 portion of the meeting by majority vote.
154 (6) (a) During the public hearing on a bill or amendment, the presiding officer may, or
155 a majority of the committee may, require that any person's or all persons' testimony be taken
156 under oath.
157 (b) The presiding officer shall administer the oath, or direct staff to administer the oath,
158 in one of the following forms:
159 (i) (A) The presiding officer or committee staff shall ask the witness: "Please stand,
160 raise your right hand, and swear to the following:" "Do you solemnly swear that the
161 information you shall give in this meeting shall be the truth, the whole truth, and nothing but
162 the truth, so help you God?"
163 (B) The presiding officer or the committee staff shall wait for the witness to answer,
164 then say:
165 "In testifying before this committee, in addition to other penalties, be advised that it is a
166 second degree felony for a person to make a false material statement under oath in an official
167 proceeding such as this one."
168 (ii) (A) In the alternative, the presiding officer or the committee staff shall ask the
169 witness: "Please stand, raise your right hand, and affirm to the following:" "Do you solemnly
170 affirm that the information you shall give in this meeting shall be the truth, the whole truth, and
171 nothing but the truth under the penalties of perjury."
172 (B) The presiding officer or the committee staff shall wait for the witness to answer,
173 then say:
174 "In testifying before this committee, in addition to other penalties, be advised that it is a
175 second degree felony for a person to make a false material statement under affirmation in an
176 official proceeding such as this one."
177 Section 2. HR-24.12 is amended to read:
178 HR-24.12. Committee Responsibilities.
179 (1) Each committee shall send a report to the House on each bill referred to it. With a
180 majority vote, the committee may transmit bills with a favorable recommendation. Bills may
181 be amended, held, tabled, returned to the House Rules Committee, or substituted in committee.
182 Unless the bill is tabled, held, or returned to the House Rules Committee, the committee shall

183 make a favorable recommendation on the matter to the House. Any bill tabled in committee
184 shall be held until the next meeting, at which time it can be lifted from the table by a two-thirds
185 vote of the committee. Any bill tabled in committee and not lifted at its next committee
186 meeting shall be sent to the House Rules Committee for filing. When a motion to lift a tabled
187 bill is made, the proponents shall be given five minutes to address the motion, the opponents
188 shall be given five minutes to address the motion, and the proponents shall be given one minute
189 to sum up. If a tabled bill is lifted at the next committee meeting, no further action may be
190 taken at that time. However, if the bill is scheduled for a subsequent meeting, it may receive
191 other committee action, including being reported out favorably. A tabled bill can be lifted from
192 the House Rules Committee by a constitutional two-thirds vote of the House of
193 Representatives. If a bill is tabled in a standing committee meeting and a Representative
194 desires to lift the tabled bill from that committee prior to the committee's next meeting, the
195 Representative may do so only with the approving vote of two-thirds of all elected
196 Representatives.
197 (2) The committee may prepare a bill addressing the same subject matter to be
198 introduced under committee sponsorship. The chief sponsor or sponsors of a bill may request
199 in writing that committee members sponsor the measure. Upon agreement by the committee,
200 the individual sponsor may relinquish individual sponsorship of the bill. A majority vote of the
201 committee is required to amend, substitute, table, recommend, hold, or sponsor a bill.
202 (3) Except as specifically provided in this rule regarding the House Rules Committee,
203 HR-24.01 governs the actions that may be appropriately taken by the House Rules Committee.
204 (4) A secretary shall record attendance and take minutes of committee action. The
205 records shall be filed for three years in the office of the Chief Clerk of the House.
206 (5) [If the chair allows] During public comment or testimony on a bill or other matter
207 before the committee, the chair may, or a majority of the committee may, require that any
208 person's or all persons' testimony be taken under oath.
209 Section 3. Repealer.
210 This bill repeals:
211 Rule HR-24.14, Public Hearing.
212 Section 4. Effective date.
213 This resolution takes effect upon approval by a constitutional majority vote of all

214 members of the House of Representatives.





Legislative Review Note
as of 1-7-04 12:59 PM

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

Office of Legislative Research and General Counsel