This document includes Senate Committee Amendments incorporated into the bill on Fri, Mar 1, 2019 at 1:46 PM by lpoole.
1     
JOINT RULES RESOLUTION ESTABLISHING INTERIM

2     
COMMITTEE RULES

3     
2019 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: James A. Dunnigan

6     
Senate Sponsor: Deidre M. Henderson

7     

8     LONG TITLE
9     Committee Note:
10          The Legislative Process Committee recommended this bill.
11               Legislative Vote:     8 voting for     0 voting against     0 absent
12     General Description:
13          This joint rules resolution establishes rules governing legislative committees that meet
14     during the interim.
15     Highlighted Provisions:
16          This resolution:
17          ▸     defines terms;
18          ▸     establishes interim committees and provides for the appointment of interim
19     committee members and interim committee chairs;
20          ▸     creates procedural rules for legislative committees that are not standing committees,
21     including requirements related to quorum, voting, meeting location, meeting date,
22     meeting time, order of business, and motions;
23          ▸     provides the powers and duties of a chair;
24          ▸     addresses the powers and duties of an interim committee, including the process by
25     which an interim committee receives study assignments and the manner in which an
26     interim committee reports on the results of its studies;
27          ▸     provides that a legislative committee may open one or more committee bill files and

28     adopt one or more committee bills;
29          ▸     allows a legislative committee to hold an electronic meeting;
30          ▸     authorizes a legislative committee to create one or more subcommittees;
31          ▸     addresses the manner in which a legislative committee considers draft legislation;
32     and
33          ▸     makes technical and conforming changes.
34     Special Clauses:
35          None
36     Legislative Rules Affected:
37     AMENDS:
38          JR1-1-102
39          JR4-2-102
40     ENACTS:
41          JR7-1-101
42          JR7-1-102
43          JR7-1-201
44          JR7-1-202
45          JR7-1-203
46          JR7-1-204
47          JR7-1-301
48          JR7-1-302
49          JR7-1-303
50          JR7-1-304
51          JR7-1-305
52          JR7-1-306
53          JR7-1-307
54          JR7-1-308
55          JR7-1-309
56          JR7-1-310
57          JR7-1-311
58          JR7-1-312

59          JR7-1-401
60          JR7-1-402
61          JR7-1-403
62          JR7-1-404
63          JR7-1-405
64          JR7-1-406
65          JR7-1-407
66          JR7-1-408
67          JR7-1-409
68          JR7-1-410
69          JR7-1-411
70          JR7-1-501
71          JR7-1-502
72          JR7-1-503
73          JR7-1-504
74          JR7-1-505
75          JR7-1-506
76          JR7-1-507
77          JR7-1-508
78          JR7-1-509
79          JR7-1-510
80          JR7-1-511
81          JR7-1-512
82          JR7-1-601
83          JR7-1-602
84          JR7-1-603
85          JR7-1-604
86          JR7-1-605
87          JR7-1-606
88          JR7-1-607
89          JR7-1-608

90          JR7-1-609
91          JR7-1-610
92          JR7-1-611
93     REPEALS:
94          IR1-1-101
95          IR1-1-201
96          IR1-1-202
97          IR1-1-203
98          IR2-1-101
99          IR2-1-102
100          IR2-2-101
101          IR2-2-102
102          IR2-2-103
103          IR2-2-104
104          IR3-1-101
105          IR3-1-102
106          IR3-1-103
107          IR3-1-104
108          IR3-1-105
109          IR3-2-101
110          IR3-2-102
111          IR3-2-201
112          IR3-3-101
113          IR3-3-102
114          IR3-3-103
115          IR3-3-201
116          IR3-4-101
117          IR3-4-102
118          IR3-4-103
119          IR3-4-104
120          IR3-4-105

121          IR3-4-201
122          IR3-4-202
123     

124     Be it resolved by the Legislature of the state of Utah:
125          Section 1. JR1-1-102 is amended to read:
126          JR1-1-102. Adoption of legislative rules.
127          (1) (a) At the beginning of each legislative session, the Legislature shall adopt Joint
128     Rules [and the Interim Rules] by a constitutional two-thirds vote of all senators and
129     representatives.
130          (b) Except as provided in Subsection (1)(c), after the initial adoption of Joint [and
131     Interim] Rules, the Legislature may adopt additional Joint [and Interim] Rules or amend or
132     repeal existing Joint [or Interim] Rules by a constitutional majority vote.
133          (c) The Legislature may adopt or amend a Joint [or Interim Rule] Rule that includes a
134     voting requirement of more than a constitutional majority only by a constitutional two-thirds
135     vote of all senators and representatives.
136          (2) The Senate and House Rules Committees shall:
137          (a) meet before each annual general session of the Legislature convenes;
138          (b) review Joint Rules [and Interim Rules]; and
139          (c) recommend to the Legislature any modifications that they consider necessary.
140          Section 2. JR4-2-102 is amended to read:
141          JR4-2-102. Drafting and prioritizing legislation.
142          (1) As used in this section, "interim committee" means a committee established under
143     [IR1-1-201] JR7-1-201.
144          (2) (a) Requests for legislation shall be drafted on a first-in, first-out basis, except for
145     legislation that is prioritized under the provisions of this section.
146          (b) [The] When sufficient drafting information is available, the following requests for
147     legislation shall be drafted before other requests for legislation [when sufficient drafting
148     information or sponsor instruction is available], in the following order of priority:
149          (i) a committee bill file, as defined in JR7-1-101; and
150          [(i)] (ii) a request for legislation that is prioritized by a legislator under Subsection (3)[;
151     and].

152          [(ii) a request for legislation that is adopted as a committee bill by an interim
153     committee as follows:]
154          [(A) a member of the interim committee makes a motion to open a new request for
155     legislation to be sponsored by the committee or to convert an existing request for legislation to
156     committee-sponsored legislation;]
157          [(B) the interim committee adopts the motion by a majority vote after a description or
158     discussion of the general subject matter of the legislation;]
159          [(C) the subject matter of the legislation is germane to the oversight assignment of the
160     interim committee; and]
161          [(D) the interim committee intends to take action on the legislation in a meeting of the
162     committee held before the next general session.]
163          [(c) (i) Except as permitted under IR2-2-103(3), the committee may not delegate the
164     authority to designate committee bills on behalf of an interim committee under Subsection
165     (2)(b)(ii) to committee chairs or any other subset of the membership of an interim committee.]
166          [(ii) During the interim, the drafting of committee bills that are adopted under
167     Subsection (2)(b)(ii), and for which sufficient drafting information is available, shall take
168     precedence in drafting priority over bills that have been prioritized by an individual legislator
169     under Subsection (2)(b)(i).]
170          (3) (a) Beginning on the first day on which a request for legislation may be filed under
171     JR4-2-101, a legislator may designate up to three requests for legislation as priority requests
172     subject to the following deadlines:
173          (i) priority request number one must be requested on or before the first Thursday in
174     December, or the following business day if the first Thursday falls on a holiday;
175          (ii) priority request number two must be requested on or before the first Thursday in
176     January, or the following business day if the first Thursday falls on a holiday; and
177          (iii) priority request number three must be requested on or before the first Thursday of
178     the annual general session.
179          (b) A legislator who fails to make a priority request on or before a deadline loses that
180     priority request. However, the legislator is not prohibited from using any remaining priority
181     requests that are associated with a later deadline, if available.
182          (c) A legislator who begins serving after a deadline has passed is entitled to use only

183     those priority requests that are available under an unexpired deadline.
184          (d) A legislator may not designate a request for legislation as a priority request unless
185     the request:
186          (i) provides specific or conceptual information concerning the change or addition to
187     law or policy that the legislator intends the proposed legislation to make; or
188          (ii) identifies the specific situation or concern that the legislator intends the legislation
189     to address.
190          (4) A legislator may not:
191          (a) revoke a priority designation once it has been requested;
192          (b) transfer a priority designation to a different request for legislation; or
193          (c) transfer a priority designation to another legislator.
194          (5) Except as provided under JR4-2-502 or as otherwise provided in these rules, the
195     Office of Legislative Research and General Counsel shall:
196          (a) reserve as many bill numbers as necessary to number the bills recommended by an
197     interim committee; and
198          (b) number all other legislation in the order in which the legislation is approved by the
199     sponsor for numbering.
200          Section 3. JR7-1-101 is enacted to read:
201     
TITLE 7. INTERIM

202     
CHAPTER 1. INTERIM AND SPECIAL COMMITTEES

203     
Part 1. General Provisions

204          JR7-1-101. Definitions.
205          (1) "Anchor location" means the physical location from which:
206          (a) an electronic meeting originates; or
207          (b) the participants are connected.
208          (2) "Bill" means the same as that term is defined in JR4-1-101.
209          (3) "Chair" except as otherwise expressly provided, means:
210          (a) the member of the Senate appointed as chair of an interim committee by the
211     president of the Senate under JR7-1-202;
212          (b) the member of the House of Representatives appointed as chair of an interim
213     committee by the speaker of the House of Representatives under JR7-1-202;

214          (c) a member of a special committee appointed as chair of the special committee; or
215          (d) a member of a legislative committee designated by the chair of the legislative
216     committee under Subsection (3)(a), (b), or (c) to act as chair under JR7-1-202.
217          (4) "Committee bill" means draft legislation that receives a favorable recommendation.
218          (5) "Committee bill file" means a request for legislation made by:
219          (a) a majority vote of a legislative committee; or
220          (b) the chairs of an interim committee, if the interim committee authorizes the chairs to
221     open one or more committee bill files in accordance with JR7-1-602.
222          (6) "Committee note" means a note that the Office of Legislative Research and General
223     Counsel places on legislation in accordance with JR4-2-401.
224          (7) "Draft legislation" means a draft of a bill or resolution before it is numbered by the
225     Office of Legislative Research and General Counsel.
226          (8) "Electronic meeting" means a public meeting of a legislative committee that is
227     partially convened or conducted by means of a voice telephone or computer web or video
228     conference.
229          (9) "Electronic notice" means electronic mail or fax.
230          (10) "Favorable recommendation" means an action of a legislative committee by
231     majority vote to favorably recommend legislation.
232          (11) "Legislative committee" means:
233          (a) an interim committee; or
234          (b) a special committee.
235          (12) "Interim committee" means a committee created under JR7-1-201.
236          (13) "Legislative sponsor" means:
237          (a) for a committee bill file, the chairs of the legislative committee that opened the
238     committee bill file or the chairs' designee; or
239          (b) for a request for legislation that is not a committee bill file, the legislator who
240     requested the request for legislation or the legislator's designee.
241          (14) "Majority vote" means:
242          (a) with respect to an interim committee, an affirmative vote of at least 50% of a
243     quorum of members of the interim committee from one chamber and more than 50% of a
244     quorum of members of the interim committee from the other chamber; or

245          (b) with respect to a special committee, an affirmative vote of more than 50% of a
246     quorum.
247          (15) "Mixed special committee" means a special committee that is composed of one or
248     more members who are legislators and one or more members who are not legislators.
249          (16) "Monitor" means to:
250          (a) hear live, by speaker, or by other equipment, all of the public statements of each
251     member of the legislative committee who is participating in a meeting; or
252          (b) see and hear, by computer screen or other visual medium, all of the public
253     statements of each member of the legislative committee who is participating in a meeting.
254          (17) "Original motion" means a nonprivileged motion that is accepted by the chair
255     when no other motion is pending.
256          (18) "Participate" means the ability to communicate with all of the members of a
257     legislative committee, either verbally or electronically, so that each member of the legislative
258     committee can hear or see the communication.
259          (19) "Pending motion" means a motion described in JR7-1-307.
260          (20) "Privileged motion" means a motion to adjourn, set a time to adjourn, recess, end
261     debate, extend debate, or limit debate.
262          (21) "Public statement" means a statement made in the ordinary course of business of a
263     legislative committee with the intent that all other members of the legislative committee
264     receive it.
265          (22) "Remote location" means a location other than the anchor location from which a
266     member of a legislative committee may participate in the meeting.
267          (23) "Request for legislation" means the same as that term is defined in JR4-1-101.
268          (24) "Resolution" means the same as that term is defined in JR4-1-101.
269          (25) (a) "Special committee" means a committee, commission, or task force that is:
270          (i) created by legislation; and
271          (ii) staffed by:
272          (A) the Office of Legislative Research and General Counsel; or
273          (B) the Office of the Legislative Fiscal Analyst.
274          (b) "Special committee" does not include:
275          (i) an interim committee;

276          (ii) a standing committee created under SR3-2-201 or HR3-2-201; or
277          (iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
278          (26) "Subcommittee" means a subsidiary unit of a legislative committee formed in
279     accordance with JR7-1-411.
280          (27) "Substitute motion" means a nonprivileged motion that a member of a legislative
281     committee makes when there is a nonprivileged motion pending.
282          Section 4. JR7-1-102 is enacted to read:
283          JR7-1-102. Application of rules for special committees -- Priority in the event of
284     conflict.
285          If a provision of this chapter conflicts with a provision in legislation or rule that is
286     specific to a special committee, the provision in the legislation or rule that is specific to the
287     special committee controls.
288          Section 5. JR7-1-201 is enacted to read:
289     
Part 2. Creation and Organization of Legislative Committees

290          JR7-1-201. Interim committees -- Creation.
291          There are created the following interim committees:
292          (1) Business and Labor Interim Committee;
293          (2) Economic Development and Workforce Services Interim Committee;
294          (3) Education Interim Committee;
295          (4) Government Operations Interim Committee;
296          (5) Health and Human Services Interim Committee;
297          (6) Judiciary Interim Committee;
298          (7) Law Enforcement and Criminal Justice Interim Committee;
299          (8) Natural Resources, Agriculture, and Environment Interim Committee;
300          (9) Political Subdivisions Interim Committee;
301          (10) Public Utilities, Energy, and Technology Interim Committee;
302          (11) Retirement and Independent Entities Interim Committee;
303          (12) Revenue and Taxation Interim Committee; and
304          (13) Transportation Interim Committee.
305          Section 6. JR7-1-202 is enacted to read:
306          JR7-1-202. President and speaker to appoint legislative committee members and

307     chairs.
308          (1) The president of the Senate shall appoint:
309          (a) one or more senators to each legislative committee; and
310          (b) one senator to serve as a chair of each legislative committee.
311          (2) The speaker of the House of Representatives shall appoint:
312          (a) one or more representatives to each legislative committee; and
313          (b) one representative to serve as a chair under each legislative committee.
314          (3) A chair may designate a member of the legislative committee to act as a chair for
315     all or part of a legislative committee meeting if neither chair is present at the meeting.
316          Section 7. JR7-1-203 is enacted to read:
317          JR7-1-203. Quorum requirements.
318          (1) Except as provided in Subsection (2) and subject to the other provisions of this rule,
319     a quorum of a legislative committee:
320          (a) is at least 50% of the members of the legislative committee from one chamber and
321     more than 50% of the members of the legislative committee from the other chamber; and
322          (b) notwithstanding Subsection (2) or (3), shall include at least one member of the
323     legislative committee from the Senate.
324          (2) A quorum of a mixed special committee is:
325          (a) at least 50% of the legislator members of the mixed special committee from one
326     chamber and more than 50% of the legislator members of the mixed special committee from
327     the other chamber; and
328          (b) more than 50% of the nonlegislator members of the mixed special committee.
329          (3) If a member of a legislative committee does not attend two consecutive meetings of
330     the legislative committee in a calendar year, the member is not counted for purposes of
331     determining a quorum for the remainder of the calendar year, unless the member is present at
332     the meeting when the action requiring a quorum occurs.
333          (4) The following individuals are not counted for purposes of determining a quorum,
334     unless the member is present at the legislative committee meeting when the action requiring a
335     quorum occurs:
336          (a) a member of the Legislative Management Committee;
337          (b) the Senate chair and vice chair of the Executive Appropriations Committee;

338          (c) the House chair and vice chair of the Executive Appropriations Committee;
339          (d) the chair of the Senate Rules Committee;
340          (e) the chair of the House Rules Committee;
341          (f) the fourth member of leadership from the minority party in the Senate; and
342          (g) the fourth member of leadership from the minority party in the House of
343     Representatives.
344          Section 8. JR7-1-204 is enacted to read:
345          JR7-1-204. Committee order of business.
346          Unless a chair, or the legislative committee by majority vote, determines otherwise, the
347     order of business for a legislative committee is:
348          (1) call to order;
349          (2) approval of the minutes of the immediately preceding meeting;
350          (3) brief description of each item on the agenda;
351          (4) announcement of any time restrictions, subject to JR7-1-305;
352          (5) consideration of legislative committee business for the meeting; and
353          (6) adjournment.
354          Section 9. JR7-1-301 is enacted to read:
355     
Part 3. Duties of Legislative Committee Chairs

356          JR7-1-301. Chairs to enforce legislative rules and procedures.
357          Each chair is responsible for ensuring the integrity of the committee process by
358     enforcing legislative rules and parliamentary procedure without delay.
359          Section 10. JR7-1-302 is enacted to read:
360          JR7-1-302. Chairs to preserve order -- Powers to preserve order.
361          (1) A chair shall preserve order and decorum during a meeting of the legislative
362     committee by:
363          (a) controlling outbursts or demonstrations; and
364          (b) ensuring that each legislative committee member, presenter, witness, or visitor acts
365     in a dignified and respectful manner.
366          (2) To preserve order and decorum, a chair may:
367          (a) remove from the meeting room any individual who engages in disorderly conduct;
368          (b) recess a meeting of the legislative committee; or

369          (c) request assistance from the Utah Highway Patrol.
370          Section 11. JR7-1-303 is enacted to read:
371          JR7-1-303. Chairs to set agenda.
372          Subject to the other provisions of this chapter, including JR7-1-401 and JR7-1-402, the
373     agenda for a legislative committee meeting shall be set by the chairs of the legislative
374     committee.
375          Section 12. JR7-1-304 is enacted to read:
376          JR7-1-304. Chairs to post notice and agenda.
377          The chairs of each legislative committee shall cause a public notice and agenda for each
378     meeting of the legislative committee to be posted at least 24 hours before the meeting as
379     required by Utah Code, Title 52, Chapter 4, Open and Public Meetings Act.
380          Section 13. JR7-1-305 is enacted to read:
381          JR7-1-305. Chairs may direct order of agenda -- Time restrictions.
382          A chair, or a legislative committee by majority vote, may adopt one or more committee
383     procedures or time restrictions related to the manner in which the legislative committee hears
384     the items on an agenda, including:
385          (1) directing the order of the agenda;
386          (2) directing the order in which the legislative committee hears a witness or presenter;
387          (3) directing the number of witnesses or presenters that the legislative committee hears;
388     or
389          (4) limiting the time the legislative committee spends:
390          (a) on an item on an agenda; or
391          (b) hearing from a witness or presenter.
392          Section 14. JR7-1-306 is enacted to read:
393          JR7-1-306. Chairs to recognize committee members.
394          A chair shall recognize any member of the legislative committee who desires to speak
395     on a subject that is under consideration by the legislative committee.
396          Section 15. JR7-1-307 is enacted to read:
397          JR7-1-307. Chairs to accept all motions that are in order.
398          (1) A chair shall accept any motion made by a member of the legislative committee
399     who the chair has recognized, unless the motion is prohibited by this chapter.

400          (2) To accept a motion, the chair shall restate the motion.
401          (3) If a chair accepts a motion, the motion is pending.
402          Section 16. JR7-1-308 is enacted to read:
403          JR7-1-308. Chairs to allow response to motions before placing motions for a vote.
404          After a chair accepts a motion and before the chair places the motion for a vote, the
405     chair shall allow:
406          (1) any member of the legislative committee to ask one or more questions about the
407     motion of the member who made the motion;
408          (2) members of the legislative committee to debate the motion;
409          (3) if the legislative committee is considering draft legislation, the legislative sponsor
410     to respond to the motion; and
411          (4) the member of the legislative committee who made the motion to provide a
412     summation on the motion.
413          Section 17. JR7-1-309 is enacted to read:
414          JR7-1-309. Chairs to place motions for vote.
415          Unless withdrawn in accordance with JR7-1-508, the chair shall place a pending motion
416     for a vote after the member of the legislative committee who made the motion provides a
417     summation on the motion or waives the opportunity to provide a summation on the motion.
418          Section 18. JR7-1-310 is enacted to read:
419          JR7-1-310. Chairs to verbally announce vote on motions -- Motions pass with
420     majority vote.
421          After a legislative committee votes on a motion, the chair shall:
422          (1) determine and verbally announce whether the motion passed or failed; and
423          (2) unless the vote on the motion is unanimous, verbally identify by name each
424     committee member who voted "yes" or each committee member who voted "no."
425          Section 19. JR7-1-311 is enacted to read:
426          JR7-1-311. Chairs may direct a roll call vote.
427          A chair, or the legislative committee by majority vote, may require a roll call vote.
428          Section 20. JR7-1-312 is enacted to read:
429          JR7-1-312. Chairs to ensure integrity of minutes -- Retention of minutes --
430     Content requirements.

431          (1) Each chair shall:
432          (a) cause a draft of the minutes of the chair's legislative committee to be available for
433     each member of the legislative committee to review before the legislative committee approves
434     the minutes; and
435          (b) ensure that the minutes of each meeting of the legislative committee include:
436          (i) each item required by Utah Code Title 52, Chapter 4, Open and Public Meetings
437     Act; and
438          (ii) each motion, point of order, or appeal of a decision on a point of order.
439          (2) The Office of Legislative Research and General Counsel shall retain a physical or
440     electronic copy of the minutes for each meeting of a legislative committee for three years.
441          Section 21. JR7-1-401 is enacted to read:
442     
Part 4. Powers and Duties of Legislative Committees

443          JR7-1-401. Interim committees to receive study assignments.
444          (1) Each interim committee shall:
445          (a) study issues assigned:
446          (i) by passed legislation; or
447          (ii) the Legislative Management Committee; and
448          (b) review programs and hear reports as required by statute.
449          (2) Each interim committee may:
450          (a) investigate and study possibilities for improvement in government services within
451     the interim committee's subject area;
452          (b) receive research reports from interim committee staff pertaining to the interim
453     committee's study agenda;
454          (c) request testimony from government officials, private organizations, or members of
455     the public on issues being studied by the interim committee;
456          (d) make recommendations to the Legislature for legislative action; or
457          (e) prepare one or more committee bills based on the interim committee's studies.
458          (3) During the interim committee's first meeting of each calendar year, the interim
459     committee:
460          (a) shall review the interim committee's study items described in Subsection (1)(a);
461          (b) may, by majority vote, modify or add to the study items described in Subsection

462     (1)(a), provided any modification or addition is within the interim committee's subject area;
463     and
464          (c) shall adopt the study items described in Subsection (1)(a), with any modifications
465     or additions, by majority vote.
466          Section 22. JR7-1-402 is enacted to read:
467          JR7-1-402. Review of audit reports.
468          If a legislative committee receives an audit report from the Audit Subcommittee of the
469     Legislative Management Committee for review, the legislative committee shall:
470          (1) review the audit report and make an affirmative decision whether each
471     recommendation in the audit report should be implemented;
472          (2) if necessary, open a committee bill file to implement any recommendation the
473     legislative committee recommends the Legislature implement; and
474          (3) recommend an appropriation to the Executive Appropriations Committee, if
475     appropriate.
476          Section 23. JR7-1-403 is enacted to read:
477          JR7-1-403. Review rules referred by Administrative Rules Review Committee.
478          If a legislative committee receives an administrative rule for review from the
479     Administrative Rules Review Committee, the legislative committee may:
480          (1) review the administrative rule; and
481          (2) (a) recommend to the Administrative Rules Review Committee whether the
482     Legislature should reauthorize the administrative rule; or
483          (b) decide whether to recommend any related statutory change to the Legislature.
484          Section 24. JR7-1-404 is enacted to read:
485          JR7-1-404. Location of interim committee meetings -- Additional meetings.
486          (1) Unless approved by the Legislative Management Committee, an interim committee
487     shall meet at the time and in the room assigned by the Legislative Management Committee.
488          (2) Notwithstanding Subsection (1), a chair of an interim committee may start a
489     meeting of the interim committee earlier or end a meeting of the interim committee later than
490     the time assigned by the Legislative Management Committee if:
491          (a) the chair complies with:
492          (i) Utah Code Title 52, Chapter 4, Open and Public Meetings Act; and

493          (ii) JR7-1-405; and
494          (b) the meeting does not interfere with a caucus meeting.
495          Section 25. JR7-1-405 is enacted to read:
496          JR7-1-405. Prohibited meeting times -- Exceptions.
497          (1) A legislative committee may not meet:
498          (a) while the Senate or the House of Representatives is in session, unless the meeting is
499     approved by:
500          (i) the president of the Senate and the speaker of the House of Representatives; or
501          (ii) (A) a majority vote of the Senate; and
502          (B) a majority vote of the House of Representatives; or
503          (b) except as provided in Subsection (2), during the period that begins January 1 and
504     ends the day after the day on which the Legislature adjourns that year's general session sine die.
505          (2) Subsection (1)(b) does not apply to:
506          (a) a meeting of the Administrative Rules Review Committee for the purpose of
507     considering draft legislation reauthorizing agency rules in accordance with Utah Code Section
508     63G-3-502; or
509          (b) the Legislative Process Committee.
510          (3) An action of a legislative committee that occurs during a meeting that violates this
511     rule is invalid.
512          Section 26. JR7-1-406 is enacted to read:
513          JR7-1-406. Closed legislative committee meetings.
514          A meeting of a legislative committee is open to the public unless closed in accordance
515     with Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
516          Section 27. JR7-1-407 is enacted to read:
517          JR7-1-407. Electronic legislative committee meetings.
518          (1) A chair may, by following the procedures and requirements of this rule, convene
519     and conduct an electronic meeting of a legislative committee.
520          (2) (a) A member of a legislative committee who will be more than 50 miles away
521     from the anchor location on the day and at the time of a scheduled meeting of the legislative
522     committee may request that the chair allow the member to participate from a remote location.
523          (b) If a member of a legislative committee wishes to participate in a meeting of the

524     legislative committee from a remote location, the member shall, at least three days before the
525     meeting, contact the chair and request that the chair convene and conduct an electronic
526     meeting.
527          (c) After receiving the request, the chair shall:
528          (i) determine whether the member will be more than 50 miles away from the anchor
529     location on the day and at the time of the scheduled meeting;
530          (ii) if the chair determines that the member will be more than 50 miles away from the
531     anchor location on that day and time, consult with committee staff to determine whether there
532     are sufficient equipment and connections to allow the member to participate from a remote
533     location; and
534          (iii) obtain permission from the president of the Senate and the speaker of the House of
535     Representatives to conduct an electronic meeting.
536          (d) If the requirements of Subsection (2)(c) are satisfied, the chair may grant the
537     member's request to participate from a remote location.
538          (3) A chair convening or conducting an electronic meeting shall, if necessary, establish
539     and communicate protocols and procedures governing the electronic meeting to ensure order
540     and fair opportunities for all members of the legislative committee to participate.
541          (4) A chair convening or conducting an electronic meeting shall ensure that:
542          (a) public notice of the meeting, as required by Utah Code Section 52-4-202, is given
543     including posting written notice at the anchor location; and
544          (b) notice of the electronic meeting describing how the members will be connected to
545     the electronic meeting is given to each member of the legislative committee at least 24 hours
546     before the meeting.
547          (5) A member of a legislative committee participating from a remote location is
548     included in calculating a quorum and may vote.
549          Section 28. JR7-1-408 is enacted to read:
550          JR7-1-408. Testimony may be taken under oath.
551          (1) At the direction of a chair of the legislative committee, or upon majority vote of the
552     legislative committee, a legislative committee may take the testimony of a witness, presenter,
553     or visitor under oath.
554          (2) A chair of the legislative committee or committee staff shall administer the oath.

555          Section 29. JR7-1-409 is enacted to read:
556          JR7-1-409. Subpoena powers.
557          A chair may subpoena testimony or documents in accordance with Utah Code Title 36,
558     Chapter 14, Legislative Subpoena Powers.
559          Section 30. JR7-1-410 is enacted to read:
560          JR7-1-410. Right of legislators to attend legislative committee meetings.
561          (1) Any member of the Legislature may:
562          (a) attend any meeting of a legislative committee or a subcommittee, unless the
563     meeting is closed in accordance with Utah Code Title 52, Chapter 4, Open and Public Meetings
564     Act; and
565          (b) if recognized by the chair, present the legislator's views on the subject under
566     consideration.
567          (2) A legislator who attends a meeting of a legislative committee of which the
568     legislator is not a member or a meeting of a subcommittee of which the legislator is not a
569     member may not:
570          (a) make a motion;
571          (b) vote; or
572          (c) receive compensation for attending the meeting, unless approved by the Legislative
573     Expenses Oversight Committee for the chamber of which the legislator is a member.
574          Section 31. JR7-1-411 is enacted to read:
575          JR7-1-411. Creation and organization of subcommittees.
576          (1) A legislative committee may establish one or more subcommittees if approved by:
577          (a) a majority vote of the legislative committee; and
578          (b) the Legislative Management Committee.
579          (2) The legislative committee shall establish each study assignment of a subcommittee
580     by majority vote.
581          (3) After a legislative committee establishes a subcommittee, the chairs of the
582     legislative committee shall:
583          (a) appoint at least four members of the legislative committee to serve on the
584     subcommittee;
585          (b) appoint at least one and no more than two additional members of the legislative

586     committee as chair or cochairs of the subcommittee; and
587          (c) establish the subcommittee's powers, duties, and reporting requirements.
588          (4) Each member of a subcommittee shall receive compensation and expenses.
589          Section 32. JR7-1-501 is enacted to read:
590     
Part 5. Legislative Committee Parliamentary Procedures

591          JR7-1-501. Obtaining the floor in legislative committee meeting -- Remarks to be
592     germane.
593          (1) An individual may not speak to a legislative committee unless recognized by the
594     chair.
595          (2) In accordance with JR7-1-306, the chair shall recognize a member of a legislative
596     committee who requests to speak to the legislative committee.
597          (3) After the chair recognizes a member of a legislative committee, the member:
598          (a) shall ensure that the member's remarks are germane to the subject under
599     consideration; and
600          (b) may make a motion consistent with the requirements of this chapter.
601          Section 33. JR7-1-502 is enacted to read:
602          JR7-1-502. Members shall vote when present.
603          Each member of a legislative committee who is present when the legislative committee
604     votes on a motion shall vote on the motion.
605          Section 34. JR7-1-503 is enacted to read:
606          JR7-1-503. Privileged motions -- General requirements, procedures, and priority.
607          (1) A privileged motion:
608          (a) is nondebatable; and
609          (b) takes precedence over a nonprivileged motion.
610          (2) If a member of a legislative committee makes a privileged motion while another
611     privileged motion is pending, the chair shall place the motions in the following order:
612          (a) adjourn;
613          (b) set a time to adjourn;
614          (c) recess;
615          (d) end debate or call the question;
616          (e) extend debate; and

617          (f) limit debate.
618          (3) Except for a motion to adjourn, a privileged motion, if approved, does not dispose
619     of any other pending motion.
620          Section 35. JR7-1-504 is enacted to read:
621          JR7-1-504. Original motions -- General requirements and procedures.
622          (1) An original motion:
623          (a) is debatable; and
624          (b) may be replaced with a substitute motion.
625          (2) A member of a legislative committee may not make an original motion if:
626          (a) a privileged motion is pending; or
627          (b) a substitute motion is pending.
628          Section 36. JR7-1-505 is enacted to read:
629          JR7-1-505. Substitute motions -- General requirements and procedures.
630          (1) A substitute motion:
631          (a) is debatable; and
632          (b) takes precedence over an original motion.
633          (2) A member of a legislative committee may not make a substitute motion if:
634          (a) a privileged motion is pending; or
635          (b) another substitute motion is pending.
636          (3) If a substitute motion is adopted, the adoption disposes of the original motion.
637          (4) If a substitute motion is not adopted, the original motion is pending.
638          Section 37. JR7-1-506 is enacted to read:
639          JR7-1-506. Reconsideration of action.
640          (1) Except as provided in Subsection (2), a member of a legislative committee may
641     make a motion to reconsider an action of the legislative committee if:
642          (a) the issue or draft legislation that is the subject of the action being reconsidered is on
643     the legislative committee's agenda as required by Utah Code Title 52, Chapter 4, Open and
644     Public Meetings Act; and
645          (b) the legislative committee considered other business after the legislative committee
646     voted to take the action that is being reconsidered.
647          (2) A legislative committee may not reconsider an action more than once.

648          Section 38. JR7-1-507 is enacted to read:
649          JR7-1-507. Repeating a defeated motion.
650          If a legislative committee defeats a motion made by a member of the legislative
651     committee, a member of the legislative committee may not make the motion again until the
652     legislative committee considers other committee business.
653          Section 39. JR7-1-508 is enacted to read:
654          JR7-1-508. Withdrawing a motion.
655          A member of a legislative committee who makes a motion may withdraw the motion at
656     any time before the motion is placed for a vote.
657          Section 40. JR7-1-509 is enacted to read:
658          JR7-1-509. Point of order -- Appeal of chair's decision.
659          (1) (a) If a member of a legislative committee is concerned that the chair is not
660     following or enforcing legislative rule or procedure, the member may make a point of order.
661          (b) A point of order is not a motion.
662          (2) Except during a vote, a member of a legislative committee may make a point of
663     order at any time during a meeting of the legislative committee without recognition by the
664     chair.
665          (3) If a member of a legislative committee makes a point of order, the chair shall:
666          (a) immediately allow the member to state the member's point of order; and
667          (b) rule on the point of order without discussion or debate.
668          (4) (a) A member of the legislative committee may appeal the chair's ruling on a point
669     of order.
670          (b) An appeal of the chair's ruling on a point of order is not a motion.
671          (5) Except during a vote, a member of a legislative committee may appeal the chair's
672     ruling on a point of order at any time during a meeting of the legislative committee without
673     recognition by the chair.
674          (6) (a) If a member of the legislative committee appeals the chair's ruling on a point of
675     order, the chair shall place a vote asking the members of the legislative committee whether to
676     override the chair's ruling on the point of order.
677          (b) The legislative committee may overrule the chair's ruling by a majority vote.
678          (7) (a) If the legislative committee overrides the chair's ruling, the ruling of the

679     legislative committee is final.
680          (b) If the legislative committee does not override the chair's ruling, the ruling of the
681     chair is final.
682          Section 41. JR7-1-510 is enacted to read:
683          JR7-1-510. Point of information.
684          (1) (a) If a member of a legislative committee desires clarification on any aspect of a
685     legislative committee meeting, the member may make a point of information.
686          (b) A point of information is not a motion.
687          (2) Except during a vote, a member of a legislative committee may make a point of
688     information at any time during a meeting of the legislative committee.
689          (3) If a member of a legislative committee makes a point of information, the chair shall
690     immediately allow the member to state the member's point of information.
691          Section 42. JR7-1-511 is enacted to read:
692          JR7-1-511. Division of a motion.
693          (1) (a) Except during a vote, a member of a legislative committee may request division
694     of a motion at any time during a meeting of the legislative committee without being recognized
695     by the chair.
696          (b) A request for division is not a motion.
697          (2) If a member of a legislative committee requests division of a motion:
698          (a) the member shall clearly state how the motion is to be divided; and
699          (b) the chair shall:
700          (i) restate how the motion is to be divided; and
701          (ii) place each motion that results from the divided motion.
702          (3) A member of a legislative committee may not divide a motion to amend draft
703     legislation if the division could create an unintelligible or ambiguous result.
704          Section 43. JR7-1-512 is enacted to read:
705          JR7-1-512. Prohibited motions and requests.
706          (1) (a) Except a motion to adjourn, a member of a legislative committee may not make
707     a motion unless a quorum of the legislative committee is present.
708          (b) If a member of a legislative committee makes a motion to adjourn when a quorum
709     of the legislative committee is not present, the motion passes by an affirmative vote of a

710     majority of the legislative committee members present.
711          (2) The following are not in order during a vote:
712          (a) a motion;
713          (b) a point of order;
714          (c) a point of information; or
715          (d) a request for division.
716          (3) A member of a legislative committee may not make a motion to favorably
717     recommend draft legislation unless the legislation is drafted and distributed to the members of
718     the legislative committee.
719          Section 44. JR7-1-601 is enacted to read:
720     
Part 6. Draft Legislation

721          JR7-1-601. Opening committee bill files.
722          (1) Except as provided in Subsection (3), a member of a legislative committee may
723     make a motion to open a committee bill file if:
724          (a) the member describes the general subject matter of the legislation;
725          (b) the subject matter is germane to the subject matter over which the legislative
726     committee has jurisdiction; and
727          (c) the member intends that the legislative committee take action on the resulting draft
728     legislation before the next general session in a meeting of the legislative committee.
729          (2) Except as provided in JR7-1-602, a legislative committee may not authorize any
730     individual or group of individuals to open a committee bill file.
731          (3) A legislative committee may not open a committee bill file during the period that
732     begins January 1 and ends the day after the day on which the Legislature adjourns that year's
733     general session sine die.
734          Section 45. JR7-1-602 is enacted to read:
735          JR7-1-602. Interim committee chairs' authority to open committee bill files.
736          During an interim committee's first meeting of a calendar year, the interim committee
737     may, by motion and majority vote, authorize the chairs to do one of the following:
738          Ŝ→ [
(1) for each study item adopted by the interim committee under JR7-1-401(3), open
739     one committee bill file related to the study item; or
740          (2) for one or more study items adopted by the interim committee under JR7-1-401(3)

741     ☆and specified in the motion, open one committee bill file related to the study item.
]

741a          (1) open one or more committee bill files related to any study item adopted by the
741b     interim committee under JR7-1-401(3), as the chairs deem necessary; or
741c          (2) open one or more committee bill files related to one or more study items that are:
741d          (a) adopted by the interim committee under JR7-1-401(3); and
741e          (b) specified in the motion. ←Ŝ
742          Section 46. JR7-1-603 is enacted to read:
743          JR7-1-603. Four phases when considering draft legislation -- Exception.
744          (1) Subject to Subsection (2), a legislative committee shall consider draft legislation in
745     the following four phases:
746          (a) the presentation phase as described in JR7-1-604;
747          (b) the clarifying questions phase as described in JR7-1-605;
748          (c) the public comment phase as described in JR7-1-606; and
749          (d) the legislative committee action phase as described in JR7-1-607.
750          (2) The chair, or the legislative committee by majority vote, may elect to have the
751     legislative committee consider draft legislation in a manner different from the four phases
752     described in this part.
753          Section 47. JR7-1-604 is enacted to read:
754          JR7-1-604. Presentation phase.
755          (1) During the presentation phase:
756          (a) the chair shall permit the legislative sponsor of the draft legislation to present the
757     draft legislation to the legislative committee; and
758          (b) a member of the legislative committee may not make a motion to amend the draft
759     legislation or dispose of the draft legislation.
760          (2) At the election of the legislative sponsor, the chair shall allow another individual to
761     assist with the legislative sponsor's presentation if the individual has expertise related to the
762     draft legislation.
763          Section 48. JR7-1-605 is enacted to read:
764          JR7-1-605. Clarifying questions phase.
765          (1) During the clarifying questions phase:
766          (a) the chair shall allow members of the legislative committee to ask the legislative
767     sponsor questions to help clarify:
768          (i) the intent or purpose of the draft legislation; or
769          (ii) the meaning of the language of the draft legislation; and
770          (b) a member of the legislative committee may not make a motion to amend the draft
771     legislation or dispose of the draft legislation.

772          (2) The chair shall allow the legislative sponsor to respond to any clarifying question
773     from a member of the legislative committee.
774          Section 49. JR7-1-606 is enacted to read:
775          JR7-1-606. Public comment phase.
776          (1) Except as otherwise provided in this rule, during the public comment phase:
777          (a) the chair shall take comment from one or more members of the public; and
778          (b) a member of the legislative committee may not make a motion to amend the draft
779     legislation or dispose of the draft legislation.
780          (2) The chair, or the legislative committee by majority vote, may preclude or terminate
781     the public comment phase.
782          Section 50. JR7-1-607 is enacted to read:
783          JR7-1-607. Committee action phase.
784          During the committee action phase, a member of the legislative committee may make a
785     motion authorized by this chapter, including a motion to amend the draft legislation or
786     favorably recommend the draft legislation.
787          Section 51. JR7-1-608 is enacted to read:
788          JR7-1-608. Motions related to draft legislation.
789          A legislative committee may approve one or more of the following motions with
790     respect to draft legislation it considers:
791          (1) move to the next item on the agenda;
792          (2) amend the draft legislation, subject to the requirements of JR7-1-609; or
793          (3) favorably recommend the draft legislation as a committee bill.
794          Section 52. JR7-1-609 is enacted to read:
795          JR7-1-609. Amending draft legislation -- Verbal amendments -- Amendments
796     must be germane.
797          (1) Subject to Subsection (2), when timely and when recognized by the chair, a
798     member of a legislative committee may make a motion to amend the draft legislation under
799     consideration.
800          (2) (a) A member of the legislative committee may make a motion to amend the draft
801     legislation only if the subject of the proposed amendment is germane to the subject of the draft
802     legislation.

803          (b) If a member of the legislative committee believes a proposed amendment is not
804     germane to the subject of the draft legislation, the member may make a point of order in
805     accordance with JR7-1-509.
806          (3) During a legislative committee's last meeting before the start of a general session, a
807     member of the legislative committee may make a motion for a verbal amendment only if the
808     verbal amendment is sufficiently clear to allow the members of the legislative committee to
809     know how the draft legislation will read when the verbal amendment is incorporated into the
810     draft legislation.
811          Section 53. JR7-1-610 is enacted to read:
812          JR7-1-610. Committee bill files -- Effect of favorable recommendation --
813     Committee bill files without recommendation abandoned.
814          (1) After a legislative committee reviews draft legislation the legislative committee
815     may give the draft legislation a favorable recommendation.
816          (2) If a legislative committee gives draft legislation a favorable recommendation, the
817     Office of Legislative Research and General Counsel shall:
818          (a) attach a committee note to the committee bill, as required under JR4-2-401; and
819          (b) assign the committee bill a bill number in accordance with JR4-2-501.
820          (3) (a) Except as provided in Subsection (3)(b), a committee bill file that does not
821     receive a favorable recommendation before December 31 of the year in which the committee
822     bill file was opened is abandoned.
823          (b) Subsection (3)(a) does not apply to a committee bill file opened by:
824          (i) the Administrative Rules Review Committee for the purpose of reauthorizing
825     agency rules in accordance with Utah Code Section 63G-3-502; or
826          (ii) the Legislative Process Committee.
827          (4) (a) Nothing in this rule prohibits a legislator from making a request for legislation
828     in the legislator's name to sponsor legislation that was abandoned in accordance with
829     Subsection (3).
830          (b) A request for legislation described in Subsection (4)(a) is subject to the drafting
831     priority described in JR4-2-102.
832          Section 54. JR7-1-611 is enacted to read:
833          JR7-1-611. Assignment of committee bills -- Report on committee bills and study

834     items.
835          (1) The chairs of each legislative committee shall:
836          (a) assign each of the legislative committee's bills a chief sponsor and a floor sponsor
837     from the opposite chamber; and
838          (b) deliver to the Senate Rules Committee and the House Rules Committee a report
839     that includes, for each of the legislative committee's committee bills:
840          (i) the short title;
841          (ii) the chief sponsor;
842          (iii) the floor sponsor; and
843          (iv) how each member of the interim committee voted when the interim committee
844     gave the committee bill a favorable recommendation, including whether a member was absent
845     at the time of the vote.
846          (2) In addition to the items described in Subsection (1), the chairs of each interim
847     committee shall deliver to the Legislative Management Committee:
848          (a) a copy of the report described in Subsection (1)(b); and
849          (b) the disposition of each issue assigned to or studied by the interim committee during
850     the preceding calendar year.
851          (3) (a) The chairs of an interim committee shall comply with this rule on or before
852     December 15.
853          (b) The chairs of a special committee shall comply with this rule as soon as practicable.
854          Section 55. Repealer.
855          This resolution repeals:
856          IR1-1-101, Definitions.
857          IR1-1-201, Interim committees established -- Membership -- Chairs -- Chair
858     duties.
859          IR1-1-202, Interim committees -- Creation and organization of subcommittees.
860          IR1-1-203, Special committees -- Creation and organization of subcommittees.
861          IR2-1-101, Interim committees -- General duties.
862          IR2-1-102, Favorable recommendation of legislation to the Legislature.
863          IR2-2-101, Interim committees -- Reviewing audit reports.
864          IR2-2-102, Interim committees -- Review of rules referred by Administrative Rules

865     Review Committee.
866          IR2-2-103, Interim committees -- First meeting of interim -- List of study items --
867     Long-term planning emphasis.
868          IR2-2-104, Interim committees and task forces -- Recommendation of legislation --
869     Abandonment and assignment of committee bills.
870          IR3-1-101, Interim committees -- Joint meetings -- Location of meetings -- Notice
871     of meetings.
872          IR3-1-102, Rights of members to attend meetings -- Nonmembers of the committee
873     or subcommittee may not vote.
874          IR3-1-103, Order and decorum -- Points of order.
875          IR3-1-104, Visitors.
876          IR3-1-105, Electronic meetings.
877          IR3-2-101, Quorum requirements.
878          IR3-2-102, Voting requirements.
879          IR3-2-201, Minutes.
880          IR3-3-101, Order of business.
881          IR3-3-102, Obtaining the floor in committee -- Remarks to be germane.
882          IR3-3-103, Members required to vote.
883          IR3-3-201, Public hearings.
884          IR3-4-101, Motions to be stated before debate -- Dividing a motion -- Withdrawing
885     a motion.
886          IR3-4-102, Motions in order during debate.
887          IR3-4-103, Motions to be decided without debate.
888          IR3-4-104, Substitute motions.
889          IR3-4-105, Which motions may be amended (Masons Sec. 396).
890          IR3-4-201, Motion to adjourn.
891          IR3-4-202, Motion to end debate.