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S.J.R. 4 Enrolled
LONG TITLE
General Description:
This resolution recodifies interim rules.
Highlighted Provisions:
This resolution:
. renumbers and rewrites rules governing interim committees and special committees.
Special Clauses:
This resolution takes effect immediately.
Legislative Rules Affected:
ENACTS:
IR1-1-101
IR1-1-201
IR1-1-202
IR1-1-203
IR2-1-101
IR2-1-102
IR2-2-101
IR2-2-102
IR3-1-101
IR3-1-102
IR3-1-103
IR3-1-104
IR3-2-101
IR3-2-102
IR3-2-201
IR3-3-101
IR3-3-102
IR3-3-103
IR3-3-201
IR3-4-101
IR3-4-102
IR3-4-201
IR3-4-202
IR3-4-203
IR3-4-204
IR3-4-301
IR3-4-302
IR3-4-303
REPEALS:
IR-1.01
IR-1.02
IR-2.01
IR-2.02
IR-2.03
IR-2.04
IR-2.05
IR-2.06
IR-2.07
IR-2.08
IR-2.09
IR-3.01
IR-3.02
IR-3.03
IR-3.05
IR-4.01
IR-4.02
IR-4.03
IR-4.04
IR-4.05
IR-4.06
IR-4.07
IR-4.08
IR-4.09
IR-4.10
IR-5.01
IR-5.02
Be it resolved by the Legislature of the state of Utah:
Section 1. IR1-1-101 is enacted to read:
IR1-1-101. Definitions.
As used in this title:
(1) (a) "Interim Committee" means a committee established in Rule IR1-1-201 that is
composed of members of the Senate and House, meeting jointly.
(b) "Interim committee" does not mean a standing committee as designated in SR-24.05
and HR-24.05.
(2) "Special Committee" means a legislative committee or task force that is not an
interim committee.
(3) "Subcommittee" means a subsidiary unit of an interim committee or special
committee.
Section 2. IR1-1-201 is enacted to read:
IR1-1-201. Interim Committees Established -- Membership -- Chairs -- Chair
Duties.
(1) The President of the Senate and the Speaker of the House shall:
(a) appoint members from their respective chambers to serve on the following joint
interim committees:
(i) Business and Labor Interim Committee;
(ii) Education Interim Committee;
(iii) Government Operations Interim Committee;
(iv) Health and Human Services Interim Committee;
(v) Judiciary Interim Committee;
(vi) Law Enforcement and Criminal Justice Interim Committee;
(vii) Natural Resources, Agriculture, and Environment Interim Committee;
(viii) Political Subdivisions Interim Committee;
(ix) Public Utilities and Technology Interim Committee;
(x) Retirement and Independent Entities Interim Committee;
(xi) Revenue and Taxation Interim Committee;
(xii) Transportation Interim Committee; and
(xiii) Workforce Services and Community and Economic Development Interim
Committee; and
(b) appoint one member from their chamber to serve as cochair of each interim
committee.
(2) The chairs of each interim committee, meeting jointly, shall:
(a) determine the agenda for committee meetings;
(b) assist and give direction to staff in the conduct of the committee's business; and
(c) perform other duties assigned by the committee.
Section 3. IR1-1-202 is enacted to read:
IR1-1-202. Interim Committees -- Creation and Organization of Subcommittees.
(1) An interim committee may establish one or more subcommittees if:
(a) a majority of the interim committee votes to create the subcommittee;
(b) the per diem and expenses of the subcommittee members can be adequately covered
within the budget of the interim committee; and
(c) the interim committee solicits and receives approval from the Legislative
Management Committee to create the subcommittee.
(2) The interim committee shall establish the powers and duties of the subcommittee.
(3) The cochairs of the interim committee shall:
(a) appoint at least four legislators to serve on the subcommittee from the membership of
the interim committee that created the subcommittee; and
(b) appoint at least one legislator who is a member of the interim committee that created
the subcommittee as chair of the subcommittee.
Section 4. IR1-1-203 is enacted to read:
IR1-1-203. Special Committees -- Creation and Organization of Subcommittees.
(1) A special committee may not create a subcommittee unless:
(a) the legislation creating the special committee authorizes the creation of a
subcommittee; and
(b) the per diem and expenses of the subcommittee members can be adequately covered
from the budget of the special committee.
(2) Notwithstanding Subsection (1), a special committee may create a subcommittee if:
(a) the legislation creating the special committee does not explicitly prohibit the creation
of a subcommittee;
(b) the Legislative Management Committee approves creation of the subcommittee; and
(c) the per diem and expenses of the subcommittee members can be adequately covered
from the budget of the special committee.
Section 5. IR2-1-101 is enacted to read:
IR2-1-101. Interim Committees -- General Duties.
Each interim committee shall:
(1) receive study assignments by resolution from the Legislature;
(2) receive study assignments from the Legislative Management Committee;
(3) investigate and study possibilities for improvement in government services within its
subject area;
(4) request and receive research reports from professional legislative staff pertaining to
the committee's study agenda;
(5) if useful, request, and if necessary, subpoena, testimony from government officials,
private organizations, and members of the public on issues being studied by the committee;
(6) make recommendations to the Legislature for legislative action; and
(7) prepare and recommend legislation to the Legislature based upon the committee's
studies.
Section 6. IR2-1-102 is enacted to read:
IR2-1-102. Interim Committees -- Initiating its Own Studies -- Process.
(1) (a) An interim committee that wishes to study one or more matters not assigned to it
may submit a written request for permission to study the matter to the Legislative Management
Committee.
(b) The committee shall ensure that the request contains a brief description of the
proposed study and the name of the sponsor, if one exists.
(c) The interim committee or the sponsor may attach any explanatory or supplementary
materials to the request to assist the Legislative Management Committee in its deliberations.
(2) An interim committee may place matters on its agenda in addition to those assigned
to it when, after requesting permission from the Legislative Management Committee to study a
matter:
(a) it receives explicit permission or direction from the Legislative Management
Committee to study the matter; or
(b) the request has not been affirmatively disapproved by the Legislative Management
Committee within 30 days of receipt of the request.
Section 7. IR2-2-101 is enacted to read:
IR2-2-101. Interim Committees -- Reviewing Audit Reports.
When an interim committee or a special committee receives an audit report from the
Audit Subcommittee of the Legislative Management Committee for its review, the committee
shall:
(1) review and consider whether or not the recommendations in the audit report should
be implemented;
(2) request legislation or recommend appropriations to the Executive Appropriations
Committee, if appropriate; and
(3) report its actions to the Audit Subcommittee.
Section 8. IR2-2-102 is enacted to read:
IR2-2-102. Interim Committees -- Review of Rules Referred by Administrative
Rules Review Committee.
When an interim committee receives an administrative rule for review from the
Administrative Rules Review Committee, the interim committee may review that rule and make
recommendations to the Legislative Management Committee and the Administrative Rules
Review Committee about whether or not the rule should be repealed.
Section 9. IR3-1-101 is enacted to read:
IR3-1-101. Interim Committees -- Joint Meetings -- Location of Meetings -- Notice
of Meetings.
(1) The corresponding interim committees of each chamber shall meet jointly, unless
otherwise determined by the chair of each interim committee.
(2) (a) Each interim committee shall meet at the time and in the room assigned by the
Legislative Management Committee.
(b) An interim committee may meet at additional times or in other locations as
determined by the chairs, if reasonable notice is issued as required by Utah Code Title 52,
Chapter 4, Open and Public Meetings.
(3) Each committee chair shall ensure that each interim committee meeting is open to the
public, except as otherwise provided in Utah Code Title 52, Chapter 4, Open and Public
Meetings.
(4) Each committee chair shall ensure that the time, location, and agenda of each interim
committee meeting is posted in the places designated by the Legislative Management Committee.
Section 10. IR3-1-102 is enacted to read:
IR3-1-102. Rights of Members to Attend Meetings -- Nonmembers of the
Committee or Subcommittee May Not Vote.
(1) Any member of the Legislature may:
(a) attend any meeting of an interim committee or any of its subcommittees; and
(b) if recognized by the chair, present the member's views on any subject under
consideration by the committee or subcommittee.
(2) Notwithstanding Subsection (1), a legislator must be a member of the committee or
subcommittee in order to vote on any decision of the committee or subcommittee.
Section 11. IR3-1-103 is enacted to read:
IR3-1-103. Order and Decorum -- Points of Order.
(1) (a) The chair shall preserve order and decorum in committee meetings and hearings.
(b) The chair may order the committee room cleared of visitors if visitors engage in
disorderly conduct.
(2) (a) The chair shall decide points of order, subject to an appeal to the committee by
any member of the committee.
(b) A committee member wishing to appeal a decision of the chair shall make a motion
appealing the decision of the chair.
(c) The committee shall decide the point of order by a majority vote of the committee
members present.
Section 12. IR3-1-104 is enacted to read:
IR3-1-104. Visitors.
(1) (a) The chair shall ensure that visitors to a committee meeting or hearing sit in chairs
designated for that purpose.
(b) The chair may not allow visitors to speak during a committee meeting unless:
(i) the chair specifically invites them to speak; or
(ii) the meeting has been designated a public hearing and the visitors agree to comply
with any restrictions on time and order announced by the chair.
(2) The chair shall:
(a) ensure that the number of visitors, members, and staff at a hearing or meeting does
not exceed the number posted by the state fire marshal as the limit of occupancy for the room
where the meeting is held; and
(b) announce when the limit is reached and prevent the entry of additional persons into
the room.
Section 13. IR3-2-101 is enacted to read:
IR3-2-101. Quorum Requirements.
(1) For the purpose of determining a committee or subcommittee quorum, a majority is at
least 50% in one house and more than 50% in the other.
(2) If a member of the committee or subcommittee fails to attend two consecutive
meetings of a committee or subcommittee, that legislator's membership in the committee or
subcommittee is not counted in determining a quorum, except for meetings that the legislator
actually attends.
Section 14. IR3-2-102 is enacted to read:
IR3-2-102. Voting Requirements.
(1) For the purpose of voting in a meeting, a majority is at least 50% in one house and
more than 50% in the other.
(2) After the committee votes, the chair shall:
(a) determine whether the motion passed or failed;
(b) verbally announce that the motion passed or that the motion failed; and
(c) verbally identify by name either the committee members who voted "yes" or the
committee members who voted "no."
Section 15. IR3-2-201 is enacted to read:
IR3-2-201. Minutes.
(1) (a) Each interim committee and each subcommittee shall keep minutes of meetings as
required by Utah Code Title 52, Chapter 4, Open and Public Meetings.
(b) Meetings of interim committees and subcommittees may be electronically recorded to
assist in preparing accurate minutes of the meeting.
(2) Upon approval of the minutes by the committee, the minutes are the official record of
the proceedings of the committee and the electronic record, if any, may be destroyed unless the
committee or subcommittee, by majority vote, directs that the electronic record be preserved.
(3) (a) Except as provided in Subsection (3)(b), each interim committee and each
subcommittee shall ensure that the vote of each member on any question is recorded in the
minutes of the meeting.
(b) 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 16. IR3-3-101 is enacted to read:
IR3-3-101. Order of Business.
Unless otherwise determined by the chair or by a majority vote of the interim committee,
each committee or subcommittee shall substantially follow this order of business:
(1) call of the committee to order by the chair;
(2) approval of the minutes of any previous meeting;
(3) announcement of the order of consideration of agenda items;
(4) announcement of time restrictions, if any;
(5) announcement of communications sent to the committee by the Legislative
Management Committee or other entities; and
(6) agenda business.
Section 17. IR3-3-102 is enacted to read:
IR3-3-102. Obtaining the Floor in Committee -- Remarks to be Germane.
(1) The chair may recognize any committee member who wishes to speak to a matter of
business before the committee.
(2) Upon being recognized, the committee member shall confine his remarks to the
subject under discussion.
Section 18. IR3-3-103 is enacted to read:
IR3-3-103. Members Required to Vote.
Each committee member present at the committee meeting shall vote "yea" or "nay" on
each question put to a vote by the chair.
Section 19. IR3-3-201 is enacted to read:
IR3-3-201. Public Hearings.
(1) An interim committee or subcommittee may hold public hearings in addition to or
instead of regular committee meetings.
(2) The 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 presenters, and the order in which those presenting shall address the
committee.
(3) The committee may, at any time, close the public hearing and begin a regular
committee meeting.
(4) Upon majority vote of the committee, any presenter's testimony may be taken under
oath.
Section 20. IR3-4-101 is enacted to read:
IR3-4-101. Mason's Manual of Legislative Procedure.
Where not otherwise specified in these rules, the proceedings of the interim committees
and their subcommittees shall be conducted in accordance with Mason's Manual of Legislative
Procedure.
Section 21. IR3-4-102 is enacted to read:
IR3-4-102. Suspension of Rules.
Except for rules on motions which require a two-thirds vote, any rule not constitutionally
or statutorily required may be suspended by a majority vote of a committee or subcommittee.
Section 22. IR3-4-201 is enacted to read:
IR3-4-201. Motions to be Stated Before Debate -- Withdrawing a Motion.
(1) When a motion is made, it shall be stated by the chair before debate.
(2) When a motion is stated by the chair, it is in the possession of the committee.
(3) (a) A motion may be withdrawn at any time by the sponsor before it is divided or
amended.
(b) After a motion has been divided or amended, it may be withdrawn by the sponsor
only if the withdrawal of the motion is approved by a majority of the committee members
present.
Section 23. IR3-4-202 is enacted to read:
IR3-4-202. Motions in Order During Debate.
While a question is being debated, the chair may not accept any other motion except a
motion:
(1) to fix the time at which to adjourn;
(2) to adjourn;
(3) to hold;
(4) to postpone to a time certain;
(5) to amend or substitute; or
(6) to call for the previous question.
Section 24. IR3-4-203 is enacted to read:
IR3-4-203. Motions to be Decided without Debate.
(1) The chair may not allow debate on a motion to adjourn, a motion to recess, a motion
to end debate, or an appeal of the decision of the chair on a point of order.
(2) The chair shall decide, without allowing debate, each point of order raised after a
motion to adjourn, a motion to recess, or a motion to end debate is made.
Section 25. IR3-4-204 is enacted to read:
IR3-4-204. Substitute Motions.
(1) A substitute motion, if adopted by a majority of the committee members present,
disposes of the original motion.
(2) The chair may not accept a substitute motion to a substitute motion.
Section 26. IR3-4-301 is enacted to read:
IR3-4-301. Motion to Adjourn.
A motion to adjourn is in order except:
(1) when the committee is in the process of voting;
(2) when a previous motion to adjourn has been defeated and there has been no
intervening business; or
(3) when another member of the committee has the floor.
Section 27. IR3-4-302 is enacted to read:
IR3-4-302. Motion to Hold.
(1) (a) A successful motion to hold temporarily removes the matter from consideration
by the committee.
(b) A motion to hold may include a time certain for the matter to be considered on the
committee's agenda.
(c) When a motion to hold a matter has been defeated, the chair may not accept a
subsequent motion to hold the same matter at the same meeting.
(2) The committee may consider the matter that is the subject of a successful motion to
hold if:
(a) the chair places the matter on a future agenda; or
(b) when the public notice requirements of Utah Code Title 52, Chapter 4, Open and
Public Meetings, have been met, a committee member makes a motion to consider the matter,
and the committee approves the motion.
Section 28. IR3-4-303 is enacted to read:
IR3-4-303. Motion to End Debate.
A motion to end debate passes only if it is approved by a two-thirds vote of the committee
members present.
Section 29. Repealer.
This resolution repeals:
IR-1.01, Interim Committees.
IR-1.02, Creation and Organization of Subcommittees.
IR-2.01, Meetings of Interim Committees.
IR-2.02, Committee Quorum.
IR-2.03, Committee and Subcommittee Majority; Quorum; Voting.
IR-2.04, Rights of Members to Attend Meetings.
IR-2.05, Order of Business.
IR-2.06, Public Hearing.
IR-2.07, Order and Decorum.
IR-2.08, Obtaining the Floor in Committee.
IR-2.09, Visitors.
IR-3.01, Committee Responsibilities.
IR-3.02, Minutes.
IR-3.03, Proposals for Studies.
IR-3.05, Review of Rules Referred by Administrative Rules Review Committee.
IR-4.01, Motions to be Stated Before Debate.
IR-4.02, Motions in Order During Debate.
IR-4.03, Withdrawing a Motion.
IR-4.04, Motion to Adjourn.
IR-4.05, Motions to be Decided without Debate.
IR-4.06, Substitute Motions.
IR-4.07, Motion to Hold.
IR-4.08, Motion to Postpone.
IR-4.09, Motion to End Debate.
IR-4.10, Members to Vote; Recording of Votes.
IR-5.01, Mason's Manual of Legislative Procedure.
IR-5.02, Suspension of Rules.
Section 30. 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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