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;
33 ▸ makes technical and conforming changes.
34 Special Clauses:
36 Legislative Rules Affected:
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 [
130 (b) Except as provided in Subsection (1)(c), after the initial adoption of Joint [
132 repeal existing Joint [
133 (c) The Legislature may adopt or amend a Joint [
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 [
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
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) [
147 legislation shall be drafted before other requests for legislation [
149 (i) a committee bill file, as defined in JR7-1-101; and
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:
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
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
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
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:
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
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
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:
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
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;
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:
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
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;
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
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
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
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
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:
591 JR7-1-501. Obtaining the floor in legislative committee meeting -- Remarks to be
593 (1) An individual may not speak to a legislative committee unless recognized by the
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
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:
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→ [
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
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
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
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
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.