1     
JOINT RULES RESOLUTION ESTABLISHING INTERIM

2     
COMMITTEE RULES

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: James A. Dunnigan

6     
Senate Sponsor: Deidre M. Henderson

7     

8     LONG TITLE
9     General Description:
10          This bill modifies and establishes interim committee rules.
11     Highlighted Provisions:
12          This resolution:
13          ▸     defines terms;
14          ▸     repeals and reenacts provisions establishing interim committees;
15          ▸     requires the speaker and president to appoint interim committee members and
16     chairs;
17          ▸     establishes quorum, voting, and order of business requirements for interim
18     committees;
19          ▸     defines the powers and duties of interim committee chairs;
20          ▸     requires a chair to recognize a committee member that desires to speak in a
21     committee meeting;
22          ▸     defines the powers and duties of interim committees;
23          ▸     provides for procedures in receiving study assignments from the Legislature,
24     president, and speaker;
25          ▸     establishes parliamentary procedures for interim committees; and
26          ▸     provides verbal amendment procedures for interim committees.
27     Special Clauses:

28          None
29     Legislative Rules Affected:
30     ENACTS:
31          IR1-1-204
32          IR1-1-205
33          IR1-1-301
34          IR1-1-302
35          IR1-1-303
36          IR1-1-304
37          IR1-1-305
38          IR1-1-306
39          IR1-1-307
40          IR1-1-308
41          IR1-1-309
42          IR1-1-310
43          IR1-1-311
44          IR1-1-312
45          IR1-1-313
46          IR1-1-314
47          IR1-1-315
48          IR1-1-316
49          IR1-1-317
50          IR1-1-318
51          IR1-1-401
52          IR1-1-402
53          IR1-1-403
54          IR1-1-404
55          IR1-1-405
56          IR1-1-406
57          IR1-1-407
58          IR1-1-408

59          IR1-1-409
60          IR1-1-410
61          IR1-1-411
62          IR1-1-412
63          IR1-1-413
64          IR1-1-414
65          IR1-1-415
66          IR1-1-416
67          IR1-1-417
68          IR1-1-418
69          IR1-1-419
70          IR1-1-420
71          IR1-1-501
72          IR1-1-502
73          IR1-1-503
74          IR1-1-504
75          IR1-1-505
76          IR1-1-506
77          IR1-1-507
78          IR1-1-508
79          IR1-1-509
80          IR1-1-510
81          IR1-1-511
82     REPEALS AND REENACTS:
83          IR1-1-101
84          IR1-1-201
85          IR1-1-202
86          IR1-1-203
87     REPEALS:
88          IR2-1-101
89          IR2-1-102

90          IR2-2-101
91          IR2-2-102
92          IR2-2-103
93          IR3-1-101
94          IR3-1-102
95          IR3-1-103
96          IR3-1-104
97          IR3-1-105
98          IR3-2-101
99          IR3-2-102
100          IR3-2-201
101          IR3-3-101
102          IR3-3-102
103          IR3-3-103
104          IR3-3-201
105          IR3-4-101
106          IR3-4-102
107          IR3-4-103
108          IR3-4-104
109          IR3-4-105
110          IR3-4-201
111          IR3-4-202
112     

113     Be it resolved by the Legislature of the state of Utah:
114          Section 1. IR1-1-101 is repealed and reenacted to read:
115     
TITLE 1. RULES GOVERNING INTERIM COMMITTEE MEETINGS

116     
OF THE UTAH LEGISLATURE

117     
CHAPTER 1. INTERIM COMMITTEES

118     
Part 1. General Provisions

119          IR1-1-101. Definitions.
120          As used in this title:

121          (1) "Committee chair or chair" means:
122          (a) the member of the House of Representatives appointed as chair by the speaker
123     under IR1-1-202;
124          (b) the member of the Senate appointed as chair by the president of the Senate under
125     IR1-1-202; or
126          (c) a member of the interim committee who is authorized to act as chair under
127     IR1-2-202.
128          (2) "Committee" or "interim committee" means a committee created under IR1-1-201.
129          (3) "Committee bill" means draft legislation that received a favorable recommendation
130     from an interim committee.
131          (4) "Committee bill file" means a bill file opened by a majority vote of an interim
132     committee.
133          (5) "Committee note" refers to a notice attached to a numbered bill indicating that an
134     interim committee favorably recommended the legislation.
135          (6) "Favorable recommendation" refers to an interim committee motion to endorse
136     draft legislation as a bill that results in the bill receiving a committee note and authorizes the
137     rules committees to send the legislation directly to a reading calendar.
138          (7) "Draft legislation" means a draft of a proposed Senate bill, House bill, Senate
139     resolution, House resolution, joint resolution, or concurrent resolution that has not received a
140     bill number and has not been introduced in a general or special session.
141          (8) "Majority vote" means a majority of a quorum as provided in IR1-1-204.
142          (9) "Original motion" means a nonprivileged motion that is accepted by the chair when
143     no other motion is pending.
144          (10) "Pending motion" refers to a motion starting when a chair accepts a motion and
145     ending when the motion is withdrawn or when the chair calls for a vote on the motion.
146          (11) (a) "Privileged motion" refers to a procedural motion to adjourn, set a time to
147     adjourn, recess, end debate, extend debate, or limit debate.
148          (b) Privileged motions are not original motions or substitute motions.
149          (12) "Subcommittee" means members of an interim committee that are authorized by a
150     majority vote of an interim committee and the Legislative Management Committee to study an
151     issue and report the subcommittee's recommendations as described in IR1-1-417 to the interim

152     committee.
153          (13) "Substitute motion" means a nonprivileged motion that is made when a
154     nonprivileged motion is pending.
155          (14) "Under consideration" means the time starting when a chair opens a discussion on
156     a subject or draft that is listed on a committee agenda and ending when the committee disposes
157     of the draft legislation, moves on to another item on the agenda, or adjourns.
158          Section 2. IR1-1-201 is repealed and reenacted to read:
159     
Part 2. Creation and Organization of Interim Committees

160          IR1-1-201. Interim committees -- Creation.
161          There are created the following interim committees:
162          (1) Business and Labor Interim Committee;
163          (2) Economic Development and Workforce Services Interim Committee;
164          (3) Education Interim Committee;
165          (4) Government Operations Interim Committee;
166          (5) Health and Human Services Interim Committee;
167          (6) Judiciary Interim Committee;
168          (7) Law Enforcement and Criminal Justice Interim Committee;
169          (8) Natural Resources, Agriculture, and Environment Interim Committee;
170          (9) Political Subdivisions Interim Committee;
171          (10) Public Utilities, Energy, and Technology Interim Committee;
172          (11) Retirement and Independent Entities Interim Committee;
173          (12) Revenue and Taxation Interim Committee; and
174          (13) Transportation Interim Committee.
175          Section 3. IR1-1-202 is repealed and reenacted to read:
176          IR1-1-202. Speaker and president to appoint interim committee members and
177     chairs.
178          (1) The president of the Senate shall appoint:
179          (a) members of the Senate to each interim committee; and
180          (b) one member of the Senate to serve as Senate chair of each interim committee.
181          (2) The speaker of the House of Representatives shall appoint:
182          (a) members of the House to each interim committee; and

183          (b) one member of the House to serve as House chair of each interim committee.
184          (3) Committee chairs may designate a member of the interim committee to conduct an
185     interim committee meeting when the committee chairs are unable to attend a meeting.
186          (4) An interim committee member designated under Subsection (3) may conduct an
187     interim committee meeting but may not perform the duties of a chair described in IR1-1-302,
188     IR1-1-303, and IR1-2-422.
189          Section 4. IR1-1-203 is repealed and reenacted to read:
190          IR1-1-203. Quorum requirements.
191          (1) A quorum of an interim committee is at least 50% in one house and more than 50%
192     in the other.
193          (2) If a member of an interim committee does not attend two consecutive meetings in
194     any calendar year, that legislator is not counted for the rest of that calendar year in determining
195     a quorum, except for meetings that the legislator actually attends.
196          (3) Except for meetings that the legislator actually attends, legislators who are
197     members of the Legislative Management Committee are not counted in determining a quorum.
198          (4) Notwithstanding Subsections (2) and (3), at least one senator shall be present in
199     order to have an interim committee quorum.
200          Section 5. IR1-1-204 is enacted to read:
201          IR1-1-204. Voting requirements.
202          A majority vote of an interim committee is at least 50% of a quorum in one house and
203     more than 50% of a quorum in the other.
204          Section 6. IR1-1-205 is enacted to read:
205          IR1-1-205. Committee order of business.
206          Unless an interim committee chair, or an interim committee by majority vote,
207     determines otherwise, the order of business for an interim committee is:
208          (1) call to order by the chair;
209          (2) approval of the minutes of previous meetings;
210          (3) announcement of the agenda;
211          (4) announcement of time restrictions, if any, subject to the requirements of IR1-1-304;
212     and
213          (5) consideration of interim committee business.

214          Section 7. IR1-1-301 is enacted to read:
215     
Part 3. Duties of Interim Committee Chairs

216          IR1-1-301. Chairs to enforce legislative rules and procedures.
217          Interim committee chairs are mutually responsible to ensure the integrity of the interim
218     committee process by enforcing legislative rules and parliamentary procedure without delay.
219          Section 8. IR1-1-302 is enacted to read:
220          IR1-1-302. Chair to set agenda.
221          As described under IR1-1-401, the chair shall set the agenda for an interim committee
222     meeting.
223          Section 9. IR1-1-303 is enacted to read:
224          IR1-1-303. Chair to post notice and agenda.
225          The chair shall cause a public notice and agenda to be posted at least 24 hours before
226     each interim committee meeting as required under Utah Code, Title 52, Chapter 4, Open and
227     Public Meetings Act.
228          Section 10. IR1-1-304 is enacted to read:
229          IR1-1-304. Chair may direct order of agenda -- Time restrictions.
230          The chair, or an interim committee by majority vote, may adopt committee procedures
231     and time restrictions, including:
232          (1) directing the order of the agenda;
233          (2) directing the order in which a witness or presenter will be heard;
234          (3) directing the number of witnesses or presenters that will be heard; and
235          (4) limiting the time the committee will spend on:
236          (a) an item on the agenda; or
237          (b) a witness or presenter.
238          Section 11. IR1-1-305 is enacted to read:
239          IR1-1-305. Four phases when considering draft legislation.
240          (1) Draft legislation under consideration by an interim committee is subject to four
241     distinct phases:
242          (a) if the draft legislation:
243          (i) has a sponsor, the chair shall permit the sponsor to make the presentation as
244     provided in IR1-1-306; or

245          (ii) does not have a sponsor, the chair shall designate a member of the committee or
246     committee staff to make the presentation;
247          (b) clarifying questions as provided in IR1-1-307;
248          (c) public comment as provided in IR1-1-308; and
249          (d) committee action as provided in IR1-1-309.
250          (2) The four phases described in Subsection (1) only apply when draft legislation is
251     under consideration.
252          Section 12. IR1-1-306 is enacted to read:
253          IR1-1-306. Sponsor presentation.
254          (1) Except as provided in Subsection (2), during the presentation phase, a committee
255     member may not amend draft legislation, substitute draft legislation, or dispose of draft
256     legislation. All other motions are in order during the presentation phase.
257          (2) During the presentation phase of an interim committee meeting, the chair may
258     accept a simple motion to amend draft legislation if the chair permits:
259          (a) committee questions and debate;
260          (b) public comment as provided in IR1-1-308;
261          (c) the sponsor of the draft legislation affected by the amendment to respond to the
262     motion to amend; and
263          (d) the committee member who made the motion to amend to have the final word on
264     the motion as required under IR1-1-313.
265          (3) During the presentation phase of an interim committee meeting, the chair shall,
266     except as provided in Subsection (4), and at the election of a legislative sponsor, permit
267     persons who have expertise on the draft legislation to assist with the presentation as provided
268     in IR1-1-307.
269          (4) Except as permitted in Subsection (5), the chair may not permit:
270          (a) draft legislation to be presented if the legislative sponsor or the sponsor's designee
271     is not present; or
272          (b) legislative interns or legislative aides to present draft legislation.
273          (5) If a committee bill file does not have a legislative sponsor, the chair of an interim
274     committee may assign a member of the interim committee or committee staff to present the
275     draft legislation.

276          Section 13. IR1-1-307 is enacted to read:
277          IR1-1-307. Clarifying questions.
278          (1) During the clarifying question phase, a committee member may not amend draft
279     legislation, substitute draft legislation, or dispose of draft legislation. All other motions are in
280     order during the clarifying questions phase.
281          (2) The chair shall allow members of the committee to ask the legislative sponsor
282     questions, provided that the questions help to clarify the intent or purpose of the draft
283     legislation or the meaning of the language of the legislation.
284          (3) The chair shall allow the legislative sponsor to respond to clarifying questions.
285          (4) The chair may allow, with the legislative sponsor's approval, a person authorized
286     under IR1-1-306 to respond to clarifying questions.
287          Section 14. IR1-1-308 is enacted to read:
288          IR1-1-308. Public comment.
289          (1) During the public comment phase, a committee member may not amend draft
290     legislation, substitute draft legislation, or dispose of draft legislation. All other motions are in
291     order during the public comment phase.
292          (2) During the public comment phase of a committee meeting:
293          (a) the chair, or a committee by majority vote, may limit the time a witness or presenter
294     speaks to a committee as authorized under IR1-1-304; and
295          (b) the chair, or the committee by majority vote, may preclude or terminate the public
296     comment phase.
297          (3) Unless the chair, or a committee by majority vote, permits additional public
298     comment, once the public comment phase has ended only committee members, legislative
299     sponsors, staff, and those authorized under IR1-1-306 may address the committee.
300          Section 15. IR1-1-309 is enacted to read:
301          IR1-1-309. Committee action.
302          During the committee action phase, a committee member may make motions to amend
303     the draft legislation, to substitute the draft legislation, or to adopt the draft legislation as a
304     committee bill. All other motions authorized by this chapter are in order during the committee
305     action phase of a committee meeting.
306          Section 16. IR1-1-310 is enacted to read:

307          IR1-1-310. Chairs to preserve order -- Powers to preserve order.
308          (1) The chair shall preserve order and decorum during an interim committee meeting
309     by:
310          (a) controlling outbursts and demonstrations; and
311          (b) ensuring that committee members, presenters, witnesses, and visitors act in a
312     dignified and respectful manner.
313          (2) To preserve order, the chair may:
314          (a) clear the committee room of any person who engages in disorderly conduct;
315          (b) recess an interim committee meeting; or
316          (c) request assistance from the Utah Highway Patrol.
317          Section 17. IR1-1-311 is enacted to read:
318          IR1-1-311. Chairs to recognize committee members -- Remarks to be germane --
319     Committee members may make motions when recognized -- Permission to address
320     committee.
321          (1) The chair shall recognize a committee member who desires to speak to a subject
322     that is under consideration by an interim committee.
323          (2) Upon recognition by the chair, a committee member:
324          (a) shall ensure that the member's remarks are germane to the subject under
325     consideration; and
326          (b) may make a motion that is authorized by this chapter.
327          (3) Presenters, witnesses, visitors, staff, and committee members may not speak to an
328     interim committee unless recognized by the chair.
329          Section 18. IR1-1-312 is enacted to read:
330          IR1-1-312. Chairs to accept all motions that are in order -- Once accepted, the
331     motion is pending.
332          (1) The chair shall accept a motion requested by a member of an interim committee
333     who has been properly recognized unless the motion is prohibited by this chapter or by
334     parliamentary procedure.
335          (2) To properly accept a motion, the chair shall:
336          (a) restate the motion; and
337          (b) if the motion is a written motion to amend or substitute, identify the number of the

338     amendment and distribute copies of the amendment to members of the committee.
339          (3) When a chair accepts a motion under Subsection (2), the motion is pending.
340          Section 19. IR1-1-313 is enacted to read:
341          IR1-1-313. Chair to allow response to motions before placing motions for a vote.
342          After a motion has been accepted, and before the chair places a motion for a vote, the
343     chair shall permit:
344          (1) members of the committee to ask the committee member who placed the motion
345     questions about the motion;
346          (2) members of the committee to debate the motion;
347          (3) if draft legislation is being considered that has a chief sponsor, the chief sponsor or
348     the chief sponsor's designee to respond to the motion; and
349          (4) the committee member who placed the motion to have the final word on the
350     motion.
351          Section 20. IR1-1-314 is enacted to read:
352          IR1-1-314. Chair to place motions for vote.
353          After the chair has permitted a committee member to summarize a motion as required
354     under IR1-1-313, the chair shall place the motion for a vote unless the motion is withdrawn
355     subject to the requirements of IR1-1-511.
356          Section 21. IR1-1-315 is enacted to read:
357          IR1-1-315. Chair to verbally announce vote on motions -- Motions pass with
358     majority vote -- Exceptions.
359          (1) After an interim committee votes on a motion, the chair shall:
360          (a) determine whether the motion passed or failed in each house of the interim
361     committee;
362          (b) verbally announce that the motion passed or that the motion failed; and
363          (c) if the vote on the motion is not unanimous, verbally identify by name the committee
364     members in each house who voted "yes" or the committee members who voted "no."
365          (2) Unless otherwise specifically indicated in this chapter, motions pass with a majority
366     vote of a quorum as defined in IR1-1-204.
367          Section 22. IR1-1-316 is enacted to read:
368          IR1-1-316. Chair may direct a roll call vote.

369          The chair, or a committee by majority vote, may require a roll call vote.
370          Section 23. IR1-1-317 is enacted to read:
371          IR1-1-317. Chair to decide points of order -- Committee members may appeal
372     chair's decision.
373          (1) The chair shall rule on a point of order without committee discussion or debate.
374          (2) As provided in IR1-1-506, a committee member may:
375          (a) make a point of order; or
376          (b) appeal the decision of the chair.
377          Section 24. IR1-1-318 is enacted to read:
378          IR1-1-318. Chair to ensure integrity of minutes -- Retention of minutes -- Content
379     requirements.
380          (1) The chair shall cause the minutes of the interim committee to be available for the
381     committee to review prior to approval.
382          (2) The Office of Legislative Research and General Counsel shall retain a physical or
383     electronic copy of interim committee minutes for three years.
384          (3) The chair shall ensure that committee minutes comply with the requirements of
385     Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
386          (4) The chair shall ensure that committee minutes include:
387          (a) the date, time, and place of each committee meeting;
388          (b) a list of committee members present;
389          (c) each motion made;
390          (d) the vote on each motion;
391          (e) points of order; and
392          (f) the outcome of each appeal of the decision of the chair.
393          Section 25. IR1-1-401 is enacted to read:
394     
Part 4. Powers and Duties of Interim Committees

395          IR1-1-401. Receive study assignments from the Legislature.
396          (1) Each interim committee shall:
397          (a) study issues required by a joint resolution of the Legislature;
398          (b) study issues assigned jointly by the president of the Senate and speaker of the
399     House of Representatives;

400          (c) solicit and receive approval from the Legislative Management Committee for study
401     items;
402          (d) review programs and hear reports as required by statute;
403          (e) make recommendations to the Legislature for legislative action;
404          (f) prepare and affirmatively decide if committee bill files should receive a favorable
405     recommendation; and
406          (g) receive research reports from professional legislative staff pertaining to its study
407     agenda.
408          (2) In addition to study assignments received by Subsections (1)(a) through (d), interim
409     committee chairs, or an interim committee by majority vote, may investigate and study issues
410     within its subject area.
411          Section 26. IR1-1-402 is enacted to read:
412          IR1-1-402. Committee bills.
413          (1) After review, an interim committee may favorably recommend, by majority vote, a
414     committee bill file or an individual legislator's bill file as a committee bill.
415          (2) As required under JR4-2-401, the Office of Legislative Research and General
416     Counsel shall attach a committee note to draft legislation that has received a favorable
417     recommendation by an interim committee.
418          (3) If a committee bill receives a unanimous vote from an interim committee, the
419     House or Senate Rules Committee may assign the bill directly to a reading calendar without
420     standing committee review as authorized under HR3-1-102 or SR3-1-102.
421          (4) Draft legislation that does not receive a unanimous vote of an interim committee is
422     required to receive a standing committee review unless the legislation is exempted from this
423     requirement under HR3-2-401 or SR3-2-401.
424          Section 27. IR1-1-403 is enacted to read:
425          IR1-1-403. Review audit reports.
426          When an interim committee receives an audit report from the Audit Subcommittee of
427     the Legislative Management Committee for its review, the committee shall:
428          (1) review the audit and make an affirmative decision whether the recommendations in
429     the audit report should be implemented;
430          (2) open a committee bill file to implement the audit recommendations, if appropriate;

431     and
432          (3) recommend appropriations to the Executive Appropriations Committee, if
433     appropriate.
434          Section 28. IR1-1-404 is enacted to read:
435          IR1-1-404. Review rules referred by Administrative Rules Review Committee.
436          When an interim committee receives an administrative rule for review from the
437     Administrative Rules Review Committee, the interim committee may review that rule and
438     make recommendations to the Administrative Rules Review Committee about whether the rule
439     should be amended or repealed.
440          Section 29. IR1-1-405 is enacted to read:
441          IR1-1-405. Devote time to long-term planning.
442          (1) Each interim committee shall devote part of its May interim meeting to long-term
443     planning for the areas over which the committee has jurisdiction.
444          (2) As part of the meeting, the committee may:
445          (a) review economic and demographic trends and other applicable data;
446          (b) identify current, emerging, and future issues and challenges; and
447          (c) develop an action plan to address the issues and challenges identified.
448          (3) The action plan under Subsection (2)(c) may include plans to:
449          (a) perform additional research into specific issues and challenges;
450          (b) develop options to address specific issues and challenges; and
451          (c) prepare draft legislation to address specific issues and challenges.
452          (4) The chair of each interim committee is encouraged to seek information, ideas, and
453     assistance from committee members, state agencies, local government, education, business,
454     industry, and interest groups in preparing for the meeting, providing presentations for the
455     meeting, and making assignments related to an action plan.
456          Section 30. IR1-1-406 is enacted to read:
457          IR1-1-406. Assignment of committee bills -- Receive study assignments from the
458     Legislature or the Legislative Management Committee -- Report disposition of committee
459     bills and study assignments.
460          No later than December 15, the chair of each interim committee shall:
461          (1) assign each committee bill file that received a favorable recommendation a chief

462     sponsor and an opposite house floor sponsor;
463          (2) deliver to the rules committees in both the House and Senate a report that includes:
464          (a) a list of committee bills;
465          (b) the chief sponsor of each committee bill;
466          (c) the opposite house floor sponsor of each committee bill; and
467          (d) a list of committee members from each house who voted "yes," "no," or who were
468     absent when the motion to recommend the committee bill was made; and
469          (3) deliver to the Legislative Management Committee:
470          (a) a list of each committee bill;
471          (b) the chief sponsor of each committee bill;
472          (c) the opposite house floor sponsor of each committee bill;
473          (d) a list of committee members by each house who voted "yes," "no," or who were
474     absent on each motion to approve each committee bill; and
475          (e) the disposition of each issue that was assigned to or studied by the interim
476     committee.
477          Section 31. IR1-1-407 is enacted to read:
478          IR1-1-407. Motions to hold, amend, substitute, or favorably recommend draft
479     legislation.
480          An interim committee may approve one or more of the following motions on draft
481     legislation:
482          (1) hold the draft legislation;
483          (2) move to the next item on an agenda;
484          (3) amend the draft legislation, subject to the requirements of IR1-1-408;
485          (4) substitute the draft legislation, subject to the requirements of IR1-1-409; or
486          (5) favorably recommend the draft legislation as an interim committee bill.
487          Section 32. IR1-1-408 is enacted to read:
488          IR1-1-408. Amending draft legislation -- Verbal amendments -- Amendments
489     must be germane.
490          (1) Except as provided in Subsection (2), and if recognized by the chair during the
491     committee action phase, a committee member may make a motion to amend draft legislation
492     that is under consideration.

493          (2) (a) A committee member may only make a motion to amend draft legislation that is
494     germane to the subject of the draft legislation under consideration.
495          (b) A committee member who believes that an amendment is not germane to the
496     subject of the draft legislation may make a point of order or appeal as described in IR1-1-507.
497          (3) At the last interim committee of a calendar year, an interim committee may only
498     approve a motion to adopt draft legislation as a committee bill with a verbal amendment if the
499     verbal amendment is of sufficient clarity and specificity that the interim committee knows how
500     the legislation will read when the amendment is incorporated in the legislation.
501          Section 33. IR1-1-409 is enacted to read:
502          IR1-1-409. Substitute draft legislation -- Substitutes must be germane.
503          (1) Except as provided in Subsection (2), and if recognized by the chair during the
504     committee action phase, a committee member may make a motion to substitute draft legislation
505     that is under consideration.
506          (2) (a) A committee member may only make a motion to substitute that is germane to
507     the subject of the draft legislation under consideration.
508          (b) A committee member who believes that a substitute is not germane to the subject of
509     the draft legislation may make a point of order or appeal as described in IR1-1-506.
510          Section 34. IR1-1-410 is enacted to read:
511          IR1-1-410. Favorably recommend draft legislation as a committee bill.
512          (1) An interim committee may favorably recommend draft legislation.
513          (2) If draft legislation receives a favorable recommendation from an interim
514     committee:
515          (a) a committee note shall be attached to the draft legislation as required under
516     JR4-2-401; and
517          (b) the Office of Legislative Research and General Counsel shall assign the bill a
518     number.
519          Section 35. IR1-1-411 is enacted to read:
520          IR1-1-411. Reconsideration of action.
521          (1) Except as provided in Subsection (2), a committee member may make a motion to
522     reconsider an action of the interim committee if:
523          (a) the issue or draft legislation that is being reconsidered is on the committee agenda

524     as required by Utah Code Title 52, Chapter 4, Open and Public Meetings Act; and
525          (b) the committee considered other business after it voted to take the action that is
526     being reconsidered.
527          (2) An interim committee may not reconsider its action more than once.
528          Section 36. IR1-1-412 is enacted to read:
529          IR1-1-412. Testimony may be taken under oath.
530          (1) At the direction of the chair, or upon a majority vote of the committee, the
531     testimony of a witness, presenter, or visitor who speaks to a committee may be taken under
532     oath.
533          (2) The chair or committee staff shall administer the oath.
534          Section 37. IR1-1-413 is enacted to read:
535          IR1-1-413. Location of interim committee meetings -- Additional interim
536     committee meetings.
537          (1) Each interim committee shall meet at the time and in the room assigned by the
538     Legislative Management Committee.
539          (2) Notwithstanding Subsection (1), an interim committee chair may start an interim
540     committee earlier or extend a meeting later than the time assigned by the Legislative
541     Management Committee if:
542          (a) notice of the meeting meets the requirements of Utah Code Title 52, Chapter 4,
543     Open and Public Meetings Act;
544          (b) the meeting does not interfere with a House or Senate caucus meeting; and
545          (c) the meeting does not violate IR1-1-415.
546          (3) The chair of an interim committee may only schedule additional interim committee
547     meetings with the approval of the Legislative Management Committee.
548          Section 38. IR1-1-414 is enacted to read:
549          IR1-1-414. Closed interim committee meetings.
550          An interim committee may only close a meeting in accordance with the procedures and
551     requirements of Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
552          Section 39. IR1-1-415 is enacted to read:
553          IR1-1-415. Prohibited from meeting while the House or Senate is in special or
554     extraordinary session -- Exceptions.

555          (1) An interim committee may not meet while the House of Representatives or Senate
556     is in a special or extraordinary session unless:
557          (a) the chairs receive permission from both the speaker of the House of Representatives
558     and the president of the Senate to meet; or
559          (b) a majority of the House of Representatives and a majority of the Senate approves a
560     motion for the interim committee to meet while the House or Senate is in session.
561          (2) Unless a committee is authorized to meet as provided in Subsection (1), any action
562     taken by an interim committee while the House or Senate is in session is invalid.
563          Section 40. IR1-1-416 is enacted to read:
564          IR1-1-416. Creation and organization of subcommittees.
565          (1) An interim committee may establish one or more subcommittees if:
566          (a) a majority of the interim committee votes to create the subcommittee; and
567          (b) the interim committee solicits and receives approval from the Legislative
568     Management Committee to create the subcommittee.
569          (2) The interim committee, by majority vote, shall establish the study assignments of
570     subcommittees.
571          (3) Interim committee chairs shall jointly:
572          (a) appoint at least four legislators to serve on the subcommittee from the membership
573     of the interim committee that created the subcommittee;
574          (b) appoint at least one additional legislator who is a member of the interim committee
575     that created the subcommittee as chair of the subcommittee; and
576          (c) establish the powers, duties, and reporting requirements of the subcommittee.
577          (4) The chair of a subcommittee shall enforce interim committee rules and
578     parliamentary procedure without delay.
579          (5) Members of a subcommittee shall receive compensation and expenses.
580          Section 41. IR1-1-417 is enacted to read:
581          IR1-1-417. Interim committees meet jointly.
582          The corresponding interim committees of each house shall meet jointly, unless the chair
583     of the interim committee solicits and receives approval from the Legislative Management
584     Committee to meet separately.
585          Section 42. IR1-1-418 is enacted to read:

586          IR1-1-418. Rights of legislators to attend interim meetings -- Nonmembers of an
587     interim committee may not vote.
588          (1) Any member of the Legislature may:
589          (a) attend any meeting of an interim committee, subcommittee, or workgroup that is
590     not closed; and
591          (b) if recognized by the chair, present the member's views on any subject under
592     consideration by the committee, subcommittee, or workgroup.
593          (2) (a) Notwithstanding Subsection (1), a legislator must be a member of an interim
594     committee, subcommittee, or workgroup in order to make a motion or vote on any motion.
595          (b) Legislators may not receive compensation for attending an interim or subcommittee
596     meeting unless:
597          (i) the legislator is a member of the interim committee or subcommittee; or
598          (ii) the Legislative Expenses Oversight Committee of the chamber in which the
599     legislator is a member approves a request by the legislator to receive compensation for
600     attending an interim or subcommittee meeting.
601          Section 43. IR1-1-419 is enacted to read:
602          IR1-1-419. Electronic meetings.
603          (1) As used in this rule:
604          (a) "Anchor location" means the physical location in the building and city where the
605     committee would normally meet and from which the electronic meeting originates or from
606     which the participants are connected.
607          (b) "Committee" means an interim committee, special committee, or subcommittee of
608     the Legislature.
609          (c) "Electronic meeting" means a public meeting of a committee that is partially
610     convened or conducted by means of a voice telephone or computer web or video conference.
611          (d) "Electronic notice" means electronic mail or fax.
612          (e) "Monitor" means to:
613          (i) hear live, by speaker, or by other equipment, all of the public statements of each
614     member of the committee who is participating in a meeting; or
615          (ii) see and hear, by computer screen or other visual medium, all of the public
616     statements of each member of the committee who is participating in a meeting.

617          (f) "Participate" means the ability to communicate with all of the members of a
618     committee, either verbally or electronically, so that each member of the committee can hear or
619     see the communication.
620          (g) "Public statement" means a statement made in the ordinary course of business of
621     the committee with the intent that all other members of the public body receive it.
622          (h) "Remote location" means a location other than the anchor location from which a
623     committee member may participate in the meeting.
624          (2) A committee chair may, by following the procedures and requirements of this
625     section, convene and conduct an electronic meeting.
626          (3) (a) A committee member who will be more than 50 miles away from the anchor
627     location on the day and at the time of a scheduled meeting may request that the chair allow the
628     member to participate from a remote location.
629          (b) If a committee member wishes to participate in a committee meeting from a remote
630     location, the committee member shall, at least three days before the meeting, contact the
631     committee chair and request that the chair convene and conduct an electronic meeting.
632          (c) After receiving the request, the chair shall:
633          (i) determine whether or not the committee member will be more than 50 miles away
634     from the anchor location on the day and at the time of a scheduled meeting;
635          (ii) if the committee member will be more than 50 miles away from the anchor location
636     on that day and time, consult with committee staff to determine whether there are sufficient
637     equipment and connections to allow the committee member to participate from a remote
638     location; and
639          (iii) obtain permission from the president of the Senate and the speaker of the House of
640     Representatives to conduct an electronic meeting.
641          (d) If the president and speaker approve, and if sufficient equipment and connections
642     exist, the chair may grant the committee member's request to participate from a remote
643     location.
644          (4) A chair convening or conducting an electronic meeting shall:
645          (a) establish the anchor location for the public meeting in the building and city where
646     the committee would normally meet if it were not holding an electronic meeting;
647          (b) provide space and facilities at the anchor location so that interested persons and the

648     public may attend and monitor the open portions of the meeting; and
649          (c) if necessary, establish and communicate protocols and procedures governing the
650     electronic meeting to ensure order and fair opportunities to participate by those committee
651     members participating electronically at one or more remote locations and at the anchor
652     location.
653          (5) A chair convening or conducting an electronic meeting shall ensure that:
654          (a) public notice of the meeting, as required by Utah Code Section 52-4-202, is given
655     including posting written notice at the anchor location; and
656          (b) in addition to giving public notice required by Subsection (5)(a), notice of the
657     electronic meeting given to committee members at least 24 hours before the meeting shall
658     describe how the committee members will be connected to the electronic meeting.
659          (6) A committee member participating from a remote location is included in
660     calculating a quorum and may vote.
661          Section 44. IR1-1-420 is enacted to read:
662          IR1-1-420. Subpoena powers.
663          Interim committee chairs may subpoena testimony or documents as authorized under
664     Utah Code Title 36, Chapter 14, Legislative Subpoena Powers.
665          Section 45. IR1-1-501 is enacted to read:
666     
Part 5. Interim Committee Parliamentary Procedures

667          IR1-1-501. Obtaining the floor in committee.
668          (1) As required in IR1-1-311, a chair shall recognize a committee member who
669     requests to speak to the committee.
670          (2) A member of an interim committee who is recognized by the chair may make a
671     motion consistent with the requirements of this chapter.
672          Section 46. IR1-1-502 is enacted to read:
673          IR1-1-502. Committee members shall vote.
674          A member of an interim committee, subcommittee, or workgroup shall vote on every
675     motion placed for a vote while the committee member is present at a meeting.
676          Section 47. IR1-1-503 is enacted to read:
677          IR1-1-503. Privileged motions in committee -- General requirements, procedure,
678     and priority.

679          (1) Privileged motions:
680          (a) are nondebatable; and
681          (b) take precedence over nonprivileged motions.
682          (2) If a privileged motion is requested while another privileged motion is pending, the
683     chair shall grant priority to the privileged motions in the following order:
684          (a) adjourn;
685          (b) set time to adjourn;
686          (c) recess;
687          (d) end debate or call the question;
688          (e) extend debate; and
689          (f) limit debate.
690          (3) Except for a motion to adjourn, a privileged motion, if adopted, does not dispose of
691     other pending motions.
692          Section 48. IR1-1-504 is enacted to read:
693          IR1-1-504. Original motions in committee -- General requirements, procedure,
694     and priority.
695          (1) An original motion:
696          (a) is debatable; and
697          (b) may be replaced with a substitute motion.
698          (2) A committee member may not make an original motion if:
699          (a) a privileged motion is pending; or
700          (b) a substitute motion is pending.
701          Section 49. IR1-1-505 is enacted to read:
702          IR1-1-505. Substitute motions in committee -- General requirements, procedure,
703     and priority.
704          (1) Substitute motions:
705          (a) are debatable; and
706          (b) take precedence over original motions.
707          (2) (a) A committee member may make a substitute motion only if an original motion
708     is pending.
709          (b) A committee member may not make a substitute motion if:

710          (i) a privileged motion is pending; or
711          (ii) another substitute motion is pending.
712          (c) If a substitute motion is adopted, it disposes of the original motion.
713          (d) If a substitute motion is not adopted, the original motion is pending.
714          Section 50. IR1-1-506 is enacted to read:
715          IR1-1-506. Point of order -- Appeal of chair's decision.
716          (1) A point of order is not a motion and, except during a vote, may be made by a
717     member of an interim committee at any time during a committee meeting without being
718     recognized by a chair.
719          (2) If a member of an interim committee is concerned that legislative rules or
720     procedures are not being followed, the committee member may make a point of order.
721          (3) When a point of order is made, the chair shall immediately allow the committee
722     member to state the member's point of order.
723          (4) A chair shall rule on the point of order without committee discussion or debate as
724     provided in IR1-1-317.
725          (5) An appeal of the decision of the chair is not a motion and may be made by a
726     committee member after the chair has ruled on a point of order.
727          (6) An interim committee may, by majority vote, override the decision of the chair on a
728     point of order.
729          (a) If the committee overrides the decision of the chair, the ruling of a committee is
730     final.
731          (b) If a committee does not override the decision of the chair, the ruling of a chair is
732     final.
733          Section 51. IR1-1-507 is enacted to read:
734          IR1-1-507. Point of information.
735          (1) A point of information is not a motion and, except during summation or a vote,
736     may be made by a member of an interim committee at any time during a committee meeting.
737          (2) If a member of an interim committee desires clarification on any aspect of a
738     committee meeting, the committee member may make a point of information.
739          (3) When a point of information is made, the chair shall immediately allow the
740     committee member to state the point of information.

741          Section 52. IR1-1-508 is enacted to read:
742          IR1-1-508. Division of a motion.
743          (1) A division is not a motion and, except during a vote, may be made by a member of
744     an interim committee at any time during a committee meeting without being recognized by the
745     chair.
746          (2) (a) The committee member who divides a motion shall clearly state how the motion
747     is to be divided; and
748          (b) the chair shall restate how the motion is to be divided.
749          (3) A committee member may not divide a motion to amend draft legislation in such a
750     manner that could create an unintelligible or ambiguous result.
751          Section 53. IR1-1-509 is enacted to read:
752          IR1-1-509. Prohibited motions.
753          (1) (a) Except for a motion to adjourn, a committee member may not make a motion
754     unless a quorum of the interim committee is present.
755          (b) When a quorum is not present, a motion to adjourn is passed with a majority vote
756     of those present.
757          (2) No motion is in order during a vote.
758          (3) A point of order is not in order during a vote.
759          (4) An interim committee member may not make a motion to:
760          (a) strike the enacting clause of draft legislation; or
761          (b) circle legislation.
762          (5) A motion to favorably recommend draft legislation is out of order if the legislation
763     is not drafted and distributed to members of the interim committee.
764          Section 54. IR1-1-510 is enacted to read:
765          IR1-1-510. Repeating defeated motion.
766          A motion that is defeated may not be made again by a committee member until the
767     committee has considered other committee business.
768          Section 55. IR1-1-511 is enacted to read:
769          IR1-1-511. A motion may be withdrawn.
770          A committee member who makes a motion that is pending may withdraw that motion at
771     any time before the motion is placed for a vote.

772          Section 56. Repealer.
773          This resolution repeals:
774          IR2-1-101, Interim committees -- General duties.
775          IR2-1-102, Favorable recommendation of legislation to the Legislature.
776          IR2-2-101, Interim committees -- Reviewing audit reports.
777          IR2-2-102, Interim committees -- Review of rules referred by Administrative Rules
778     Review Committee.
779          IR2-2-103, Interim committees -- Long-term planning emphasis.
780          IR3-1-101, Interim committees -- Joint meetings -- Location of meetings -- Notice
781     of meetings.
782          IR3-1-102, Rights of members to attend meetings -- Nonmembers of the committee
783     or subcommittee may not vote.
784          IR3-1-103, Order and decorum -- Points of order.
785          IR3-1-104, Visitors.
786          IR3-1-105, Electronic meetings.
787          IR3-2-101, Quorum requirements.
788          IR3-2-102, Voting requirements.
789          IR3-2-201, Minutes.
790          IR3-3-101, Order of business.
791          IR3-3-102, Obtaining the floor in committee -- Remarks to be germane.
792          IR3-3-103, Members required to vote.
793          IR3-3-201, Public hearings.
794          IR3-4-101, Motions to be stated before debate -- Dividing a motion -- Withdrawing
795     a motion.
796          IR3-4-102, Motions in order during debate.
797          IR3-4-103, Motions to be decided without debate.
798          IR3-4-104, Substitute motions.
799          IR3-4-105, Which motions may be amended (Masons Sec. 396).
800          IR3-4-201, Motion to adjourn.
801          IR3-4-202, Motion to end debate.







Legislative Review Note
Office of Legislative Research and General Counsel