S.J.R. 13

1

JOINT RESOLUTION AMENDING INTERIM
2 LEGISLATIVE RULES
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Michael G. Waddoups
6
7 LONG TITLE
8 General Description:
9 This bill modifies joint interim rules.
10 Highlighted Provisions:
11 This resolution:
12 . expands the minimum number of subcommittee members from four to five;
13 . requires a legislator to obtain approval from the Legislative Expenses Oversight
14 Committee for the legislator's chamber before qualifying for per diem for attending
15 a committee or subcommittee meeting of which the legislator is not a member;
16 . modifies requirements governing the treatment of disorderly visitors;
17 . clarifies and modifies quorum requirements;
18 . modifies requirements governing sources of legislative procedure;
19 . clarifies requirements governing division of motions;
20 . clarifies requirements governing substitute motions;
21 . clarifies which motions may be amended;
22 . repeals the requirement governing suspension of the rules; and
23 . repeals the rule governing motions to hold.
24 Special Clauses:
25 None
26 Legislative Rules Affected:
27 AMENDS:

28 IR1-1-202
29 IR3-1-102
30 IR3-1-103
31 IR3-2-101
32 IR3-4-201
33 IR3-4-204
34 ENACTS:
35 IR3-4-205
36 REPEALS:
37 IR2-1-102
38 IR3-4-101
39 IR3-4-102
40 IR3-4-302
41
42 Be it resolved by the Legislature of the state of Utah:
43 Section 1. IR1-1-202 is amended to read:
44 IR1-1-202. Interim Committees -- Creation and Organization of Subcommittees.
45 (1) An interim committee may establish one or more subcommittees if:
46 (a) a majority of the interim committee votes to create the subcommittee;
47 (b) the per diem and expenses of the subcommittee members can be adequately
48 covered within the budget of the interim committee; and
49 (c) the interim committee solicits and receives approval from the Legislative
50 Management Committee to create the subcommittee.
51 (2) The interim committee shall establish the powers and duties of the subcommittee.
52 (3) The cochairs of the interim committee shall:
53 (a) appoint at least four legislators to serve on the subcommittee from the membership
54 of the interim committee that created the subcommittee; and
55 (b) appoint at least one additional legislator who is a member of the interim committee
56 that created the subcommittee as chair of the subcommittee.
57 Section 2. IR3-1-102 is amended to read:
58 IR3-1-102. Rights of Members to Attend Meetings -- Nonmembers of the

59 Committee or Subcommittee May Not Vote.
60 (1) Any member of the Legislature may:
61 (a) attend any meeting of an interim committee or any of its subcommittees; and
62 (b) if recognized by the chair, present the member's views on any subject under
63 consideration by the committee or subcommittee.
64 (2) Notwithstanding Subsection (1), a legislator must be a member of the committee or
65 subcommittee in order to:
66 (a) vote on any decision of the committee or subcommittee; or
67 (b) receive per diem for attending the meeting unless approval for receiving per diem is
68 obtained from the Legislative Expenses Oversight Committee of the chamber in which the
69 legislator is a member.
70 Section 3. IR3-1-103 is amended to read:
71 IR3-1-103. Order and Decorum -- Points of Order.
72 (1) (a) The chair shall preserve order and decorum in committee meetings and
73 hearings.
74 (b) The chair may order the committee room cleared of [visitors if visitors engage in
75 disorderly conduct] any disorderly visitor.
76 (2) (a) The chair shall decide points of order, subject to an appeal to the committee by
77 any member of the committee.
78 (b) A committee member wishing to appeal a decision of the chair shall make a motion
79 appealing the decision of the chair.
80 (c) The committee shall decide the point of order by a majority vote of the committee
81 members present.
82 Section 4. IR3-2-101 is amended to read:
83 IR3-2-101. Quorum Requirements.
84 (1) For the purpose of determining a committee or subcommittee quorum, a majority is
85 at least 50% in one house and more than 50% in the other.
86 (2) If a member of the committee or subcommittee fails to attend two consecutive
87 meetings of a committee or subcommittee in any calendar year, that legislator's membership in
88 the committee or subcommittee is not counted for that calendar year in determining a quorum,
89 except for meetings that the legislator actually attends.

90 (3) Except for meetings that the legislator actually attends, legislators who are
91 members of the Legislative Management Committee are not counted in determining a quorum.
92 Section 5. IR3-4-201 is amended to read:
93 IR3-4-201. Motions to be Stated Before Debate -- Dividing a motion --
94 Withdrawing a Motion.
95 (1) When a motion is made, it shall be stated by the chair before debate.
96 (2) When a motion is stated by the chair, it is in the possession of the committee.
97 (3) (a) If a motion contains several points, a committee member may request that the
98 motion be divided and that each part be voted upon separately.
99 (b) To be in order, the request to divide must clearly state how the question is to be
100 divided.
101 (c) Except as provided in Subsections (3)(d) and (e), if the request is in order, the chair
102 must divide the motion and take a separate vote on each part of the divided motion.
103 (d) (i) Except as provided in Subsections (3)(d)(ii) and (iii), a motion to strike out and
104 insert, or to delete and insert, is not subject to division.
105 (ii) If the committee rejects a motion to strike out and insert one proposition, a motion
106 to strike out and insert a different proposition is in order.
107 (iii) If the committee rejects a motion to delete and insert one proposition, a motion to
108 delete and insert a different proposition is in order.
109 (e) (i) The presiding officer shall determine how many divisions may be made to any
110 question.
111 (ii) The committee may seek to overrule this decision only once.
112 [(3)] (4) (a) A motion may be withdrawn at any time by the sponsor before it is divided
113 or amended.
114 (b) After a motion has been divided or amended, it may be withdrawn by the sponsor
115 only if the withdrawal of the motion is approved by a majority of the committee members
116 present.
117 Section 6. IR3-4-204 is amended to read:
118 IR3-4-204. Substitute Motions.
119 (1) A substitute motion, or any part of the substitute motion, if adopted by a majority of
120 the committee members present, disposes of the original motion.

121 (2) The chair may not accept a substitute motion to a substitute motion.
122 Section 7. IR3-4-205 is enacted to read:
123 IR3-4-205. Which Motions May Be Amended (Masons Sec. 396).
124 Each original main motion may be amended, and all other motions may be amended,
125 except the following motions:
126 (1) to adjourn;
127 (2) to appeal the decision of the chair;
128 (3) to raise a point of order;
129 (4) to divide another motion;
130 (5) to table;
131 (6) to remove from the table;
132 (7) to call the previous question;
133 (8) to amend an amendment;
134 (9) to move to the next item on the agenda;
135 (10) to call for division; or
136 (11) to reconsider.
137 Section 8. Repealer.
138 This resolution repeals:
139 IR2-1-102, Interim Committees -- Initiating its Own Studies -- Process.
140 IR3-4-101, Mason's Manual of Legislative Procedure.
141 IR3-4-102, Suspension of Rules.
142 IR3-4-302, Motion to Hold.




Legislative Review Note
as of 1-31-05 8:58 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel