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8 LONG TITLE
9 General Description:
10 This joint rules resolution establishes rules governing legislative committees that meet
11 during the interim.
12 Highlighted Provisions:
13 This resolution:
14 ▸ defines terms;
15 ▸ establishes interim committees and provides for the appointment of interim
16 committee members and interim committee chairs;
17 ▸ creates procedural rules for legislative committees that are not standing committees,
18 including requirements related to quorum, voting, meeting location, meeting date,
19 meeting time, order of business, and motions;
20 ▸ provides the powers and duties of a chair;
21 ▸ addresses the powers and duties of an interim committee, including the process by
22 which an interim committee receives study assignments and the manner in which an
23 interim committee reports on the results of its studies;
24 ▸ provides that a legislative committee may open one or more committee bill files and
25 adopt one or more committee bills;
26 ▸ allows a legislative committee to hold an electronic meeting;
27 ▸ authorizes a legislative committee to create one or more subcommittees;
28 ▸ addresses the manner in which a legislative committee considers draft legislation;
29 and
30 ▸ makes technical and conforming changes.
31 Special Clauses:
32 None
33 Legislative Rules Affected:
34 AMENDS:
35 JR1-1-102
36 JR4-2-102
37 ENACTS:
38 JR7-1-101
39 JR7-1-102
40 JR7-1-201
41 JR7-1-202
42 JR7-1-203
43 JR7-1-204
44 JR7-1-301
45 JR7-1-302
46 JR7-1-303
47 JR7-1-304
48 JR7-1-305
49 JR7-1-306
50 JR7-1-307
51 JR7-1-308
52 JR7-1-309
53 JR7-1-310
54 JR7-1-311
55 JR7-1-312
56 JR7-1-401
57 JR7-1-402
58 JR7-1-403
59 JR7-1-404
60 JR7-1-405
61 JR7-1-406
62 JR7-1-407
63 JR7-1-408
64 JR7-1-409
65 JR7-1-410
66 JR7-1-411
67 JR7-1-501
68 JR7-1-502
69 JR7-1-503
70 JR7-1-504
71 JR7-1-505
72 JR7-1-506
73 JR7-1-507
74 JR7-1-508
75 JR7-1-509
76 JR7-1-510
77 JR7-1-511
78 JR7-1-512
79 JR7-1-601
80 JR7-1-602
81 JR7-1-603
82 JR7-1-604
83 JR7-1-605
84 JR7-1-606
85 JR7-1-607
86 JR7-1-608
87 JR7-1-609
88 JR7-1-610
89 JR7-1-611
90 REPEALS:
91 IR1-1-101
92 IR1-1-201
93 IR1-1-202
94 IR1-1-203
95 IR2-1-101
96 IR2-1-102
97 IR2-2-101
98 IR2-2-102
99 IR2-2-103
100 IR2-2-104
101 IR3-1-101
102 IR3-1-102
103 IR3-1-103
104 IR3-1-104
105 IR3-1-105
106 IR3-2-101
107 IR3-2-102
108 IR3-2-201
109 IR3-3-101
110 IR3-3-102
111 IR3-3-103
112 IR3-3-201
113 IR3-4-101
114 IR3-4-102
115 IR3-4-103
116 IR3-4-104
117 IR3-4-105
118 IR3-4-201
119 IR3-4-202
120
121 Be it resolved by the Legislature of the state of Utah:
122 Section 1. JR1-1-102 is amended to read:
123 JR1-1-102. Adoption of legislative rules.
124 (1) (a) At the beginning of each legislative session, the Legislature shall adopt Joint
125 Rules [
126 representatives.
127 (b) Except as provided in Subsection (1)(c), after the initial adoption of Joint [
128
129 repeal existing Joint [
130 (c) The Legislature may adopt or amend a Joint [
131 voting requirement of more than a constitutional majority only by a constitutional two-thirds
132 vote of all senators and representatives.
133 (2) The Senate and House Rules Committees shall:
134 (a) meet before each annual general session of the Legislature convenes;
135 (b) review Joint Rules [
136 (c) recommend to the Legislature any modifications that they consider necessary.
137 Section 2. JR4-2-102 is amended to read:
138 JR4-2-102. Drafting and prioritizing legislation.
139 (1) As used in this section, "interim committee" means a committee established under
140 [
141 (2) (a) Requests for legislation shall be drafted on a first-in, first-out basis, except for
142 legislation that is prioritized under the provisions of this section.
143 (b) [
144 legislation shall be drafted before other requests for legislation [
145
146 (i) a committee bill file, as defined in JR7-1-101; and
147 [
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149 [
150
151 [
152
153
154 [
155
156 [
157
158 [
159
160 [
161
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163 [
164
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167 (3) (a) Beginning on the first day on which a request for legislation may be filed under
168 JR4-2-101, a legislator may designate up to three requests for legislation as priority requests
169 subject to the following deadlines:
170 (i) priority request number one must be requested on or before the first Thursday in
171 December, or the following business day if the first Thursday falls on a holiday;
172 (ii) priority request number two must be requested on or before the first Thursday in
173 January, or the following business day if the first Thursday falls on a holiday; and
174 (iii) priority request number three must be requested on or before the first Thursday of
175 the annual general session.
176 (b) A legislator who fails to make a priority request on or before a deadline loses that
177 priority request. However, the legislator is not prohibited from using any remaining priority
178 requests that are associated with a later deadline, if available.
179 (c) A legislator who begins serving after a deadline has passed is entitled to use only
180 those priority requests that are available under an unexpired deadline.
181 (d) A legislator may not designate a request for legislation as a priority request unless
182 the request:
183 (i) provides specific or conceptual information concerning the change or addition to
184 law or policy that the legislator intends the proposed legislation to make; or
185 (ii) identifies the specific situation or concern that the legislator intends the legislation
186 to address.
187 (4) A legislator may not:
188 (a) revoke a priority designation once it has been requested;
189 (b) transfer a priority designation to a different request for legislation; or
190 (c) transfer a priority designation to another legislator.
191 (5) Except as provided under JR4-2-502 or as otherwise provided in these rules, the
192 Office of Legislative Research and General Counsel shall:
193 (a) reserve as many bill numbers as necessary to number the bills recommended by an
194 interim committee; and
195 (b) number all other legislation in the order in which the legislation is approved by the
196 sponsor for numbering.
197 Section 3. JR7-1-101 is enacted to read:
198
199
200
201 JR7-1-101. Definitions.
202 (1) "Anchor location" means the physical location from which:
203 (a) an electronic meeting originates; or
204 (b) the participants are connected.
205 (2) "Bill" means the same as that term is defined in JR4-1-101.
206 (3) "Chair" except as otherwise expressly provided, means:
207 (a) the member of the Senate appointed as chair of an interim committee by the
208 president of the Senate under JR7-1-202;
209 (b) the member of the House of Representatives appointed as chair of an interim
210 committee by the speaker of the House of Representatives under JR7-1-202;
211 (c) a member of a special committee appointed as chair of the special committee; or
212 (d) a member of a legislative committee designated by the chair of the legislative
213 committee under Subsection (3)(a), (b), or (c) to act as chair under JR7-1-202.
214 (4) "Committee bill" means draft legislation that receives a favorable recommendation.
215 (5) "Committee bill file" means a request for legislation made by:
216 (a) a majority vote of a legislative committee; or
217 (b) the chairs of an interim committee, if the interim committee authorizes the chairs to
218 open one or more committee bill files in accordance with JR7-1-602.
219 (6) "Committee note" means a note that the Office of Legislative Research and General
220 Counsel places on legislation in accordance with JR4-2-401.
221 (7) "Draft legislation" means a draft of a bill or resolution before it is numbered by the
222 Office of Legislative Research and General Counsel.
223 (8) "Electronic meeting" means a public meeting of a legislative committee that is
224 partially convened or conducted by means of a voice telephone or computer web or video
225 conference.
226 (9) "Electronic notice" means electronic mail or fax.
227 (10) "Favorable recommendation" means an action of a legislative committee by
228 majority vote to favorably recommend legislation.
229 (11) "Legislative committee" means:
230 (a) an interim committee; or
231 (b) a special committee.
232 (12) "Interim committee" means a committee created under JR7-1-201.
233 (13) "Legislative sponsor" means:
234 (a) for a committee bill file, the chairs of the legislative committee that opened the
235 committee bill file or the chairs' designee; or
236 (b) for a request for legislation that is not a committee bill file, the legislator who
237 requested the request for legislation or the legislator's designee.
238 (14) "Majority vote" means:
239 (a) with respect to an interim committee, an affirmative vote of at least 50% of a
240 quorum of members of the interim committee from one chamber and more than 50% of a
241 quorum of members of the interim committee from the other chamber; or
242 (b) with respect to a special committee, an affirmative vote of more than 50% of a
243 quorum.
244 (15) "Mixed special committee" means a special committee that is composed of one or
245 more members who are legislators and one or more members who are not legislators.
246 (16) "Monitor" means to:
247 (a) hear live, by speaker, or by other equipment, all of the public statements of each
248 member of the legislative committee who is participating in a meeting; or
249 (b) see and hear, by computer screen or other visual medium, all of the public
250 statements of each member of the legislative committee who is participating in a meeting.
251 (17) "Original motion" means a nonprivileged motion that is accepted by the chair
252 when no other motion is pending.
253 (18) "Participate" means the ability to communicate with all of the members of a
254 legislative committee, either verbally or electronically, so that each member of the legislative
255 committee can hear or see the communication.
256 (19) "Pending motion" means a motion described in JR7-1-307.
257 (20) "Privileged motion" means a motion to adjourn, set a time to adjourn, recess, end
258 debate, extend debate, or limit debate.
259 (21) "Public statement" means a statement made in the ordinary course of business of a
260 legislative committee with the intent that all other members of the legislative committee
261 receive it.
262 (22) "Remote location" means a location other than the anchor location from which a
263 member of a legislative committee may participate in the meeting.
264 (23) "Request for legislation" means the same as that term is defined in JR4-1-101.
265 (24) "Resolution" means the same as that term is defined in JR4-1-101.
266 (25) (a) "Special committee" means a committee, commission, or task force that is:
267 (i) created by legislation; and
268 (ii) staffed by:
269 (A) the Office of Legislative Research and General Counsel; or
270 (B) the Office of the Legislative Fiscal Analyst.
271 (b) "Special committee" does not include:
272 (i) an interim committee;
273 (ii) a standing committee created under SR3-2-201 or HR3-2-201; or
274 (iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
275 (26) "Subcommittee" means a subsidiary unit of a legislative committee formed in
276 accordance with JR7-1-411.
277 (27) "Substitute motion" means a nonprivileged motion that a member of a legislative
278 committee makes when there is a nonprivileged motion pending.
279 Section 4. JR7-1-102 is enacted to read:
280 JR7-1-102. Application of rules for special committees -- Priority in the event of
281 conflict.
282 If a provision of this chapter conflicts with a provision in legislation or rule that is
283 specific to a special committee, the provision in the legislation or rule that is specific to the
284 special committee controls.
285 Section 5. JR7-1-201 is enacted to read:
286
287 JR7-1-201. Interim committees -- Creation.
288 There are created the following interim committees:
289 (1) Business and Labor Interim Committee;
290 (2) Economic Development and Workforce Services Interim Committee;
291 (3) Education Interim Committee;
292 (4) Government Operations Interim Committee;
293 (5) Health and Human Services Interim Committee;
294 (6) Judiciary Interim Committee;
295 (7) Law Enforcement and Criminal Justice Interim Committee;
296 (8) Natural Resources, Agriculture, and Environment Interim Committee;
297 (9) Political Subdivisions Interim Committee;
298 (10) Public Utilities, Energy, and Technology Interim Committee;
299 (11) Retirement and Independent Entities Interim Committee;
300 (12) Revenue and Taxation Interim Committee; and
301 (13) Transportation Interim Committee.
302 Section 6. JR7-1-202 is enacted to read:
303 JR7-1-202. President and speaker to appoint legislative committee members and
304 chairs.
305 (1) The president of the Senate shall appoint:
306 (a) one or more senators to each legislative committee; and
307 (b) one senator to serve as a chair of each legislative committee.
308 (2) The speaker of the House of Representatives shall appoint:
309 (a) one or more representatives to each legislative committee; and
310 (b) one representative to serve as a chair under each legislative committee.
311 (3) A chair may designate a member of the legislative committee to act as a chair for
312 all or part of a legislative committee meeting if neither chair is present at the meeting.
313 Section 7. JR7-1-203 is enacted to read:
314 JR7-1-203. Quorum requirements.
315 (1) Except as provided in Subsection (2) and subject to the other provisions of this rule,
316 a quorum of a legislative committee:
317 (a) is at least 50% of the members of the legislative committee from one chamber and
318 more than 50% of the members of the legislative committee from the other chamber; and
319 (b) notwithstanding Subsection (2) or (3), shall include at least one member of the
320 legislative committee from the Senate.
321 (2) A quorum of a mixed special committee is:
322 (a) at least 50% of the legislator members of the mixed special committee from one
323 chamber and more than 50% of the legislator members of the mixed special committee from
324 the other chamber; and
325 (b) more than 50% of the nonlegislator members of the mixed special committee.
326 (3) If a member of a legislative committee does not attend two consecutive meetings of
327 the legislative committee in a calendar year, the member is not counted for purposes of
328 determining a quorum for the remainder of the calendar year, unless the member is present at
329 the meeting when the action requiring a quorum occurs.
330 (4) The following individuals are not counted for purposes of determining a quorum,
331 unless the member is present at the legislative committee meeting when the action requiring a
332 quorum occurs:
333 (a) a member of the Legislative Management Committee;
334 (b) the Senate chair and vice chair of the Executive Appropriations Committee;
335 (c) the House chair and vice chair of the Executive Appropriations Committee;
336 (d) the chair of the Senate Rules Committee;
337 (e) the chair of the House Rules Committee;
338 (f) the fourth member of leadership from the minority party in the Senate; and
339 (g) the fourth member of leadership from the minority party in the House of
340 Representatives.
341 Section 8. JR7-1-204 is enacted to read:
342 JR7-1-204. Committee order of business.
343 Unless a chair, or the legislative committee by majority vote, determines otherwise, the
344 order of business for a legislative committee is:
345 (1) call to order;
346 (2) approval of the minutes of the immediately preceding meeting;
347 (3) brief description of each item on the agenda;
348 (4) announcement of any time restrictions, subject to JR7-1-305;
349 (5) consideration of legislative committee business for the meeting; and
350 (6) adjournment.
351 Section 9. JR7-1-301 is enacted to read:
352
353 JR7-1-301. Chairs to enforce legislative rules and procedures.
354 Each chair is responsible for ensuring the integrity of the committee process by
355 enforcing legislative rules and parliamentary procedure without delay.
356 Section 10. JR7-1-302 is enacted to read:
357 JR7-1-302. Chairs to preserve order -- Powers to preserve order.
358 (1) A chair shall preserve order and decorum during a meeting of the legislative
359 committee by:
360 (a) controlling outbursts or demonstrations; and
361 (b) ensuring that each legislative committee member, presenter, witness, or visitor acts
362 in a dignified and respectful manner.
363 (2) To preserve order and decorum, a chair may:
364 (a) remove from the meeting room any individual who engages in disorderly conduct;
365 (b) recess a meeting of the legislative committee; or
366 (c) request assistance from the Utah Highway Patrol.
367 Section 11. JR7-1-303 is enacted to read:
368 JR7-1-303. Chairs to set agenda.
369 Subject to the other provisions of this chapter, including JR7-1-401 and JR7-1-402, the
370 agenda for a legislative committee meeting shall be set by the chairs of the legislative
371 committee.
372 Section 12. JR7-1-304 is enacted to read:
373 JR7-1-304. Chairs to post notice and agenda.
374 The chairs of each legislative committee shall cause a public notice and agenda for each
375 meeting of the legislative committee to be posted at least 24 hours before the meeting as
376 required by Utah Code, Title 52, Chapter 4, Open and Public Meetings Act.
377 Section 13. JR7-1-305 is enacted to read:
378 JR7-1-305. Chairs may direct order of agenda -- Time restrictions.
379 A chair, or a legislative committee by majority vote, may adopt one or more committee
380 procedures or time restrictions related to the manner in which the legislative committee hears
381 the items on an agenda, including:
382 (1) directing the order of the agenda;
383 (2) directing the order in which the legislative committee hears a witness or presenter;
384 (3) directing the number of witnesses or presenters that the legislative committee hears;
385 or
386 (4) limiting the time the legislative committee spends:
387 (a) on an item on an agenda; or
388 (b) hearing from a witness or presenter.
389 Section 14. JR7-1-306 is enacted to read:
390 JR7-1-306. Chairs to recognize committee members.
391 A chair shall recognize any member of the legislative committee who desires to speak
392 on a subject that is under consideration by the legislative committee.
393 Section 15. JR7-1-307 is enacted to read:
394 JR7-1-307. Chairs to accept all motions that are in order.
395 (1) A chair shall accept any motion made by a member of the legislative committee
396 who the chair has recognized, unless the motion is prohibited by this chapter.
397 (2) To accept a motion, the chair shall restate the motion.
398 (3) If a chair accepts a motion, the motion is pending.
399 Section 16. JR7-1-308 is enacted to read:
400 JR7-1-308. Chairs to allow response to motions before placing motions for a vote.
401 After a chair accepts a motion and before the chair places the motion for a vote, the
402 chair shall allow:
403 (1) any member of the legislative committee to ask one or more questions about the
404 motion of the member who made the motion;
405 (2) members of the legislative committee to debate the motion;
406 (3) if the legislative committee is considering draft legislation, the legislative sponsor
407 to respond to the motion; and
408 (4) the member of the legislative committee who made the motion to provide a
409 summation on the motion.
410 Section 17. JR7-1-309 is enacted to read:
411 JR7-1-309. Chairs to place motions for vote.
412 Unless withdrawn in accordance with JR7-1-508, the chair shall place a pending motion
413 for a vote after the member of the legislative committee who made the motion provides a
414 summation on the motion or waives the opportunity to provide a summation on the motion.
415 Section 18. JR7-1-310 is enacted to read:
416 JR7-1-310. Chairs to verbally announce vote on motions -- Motions pass with
417 majority vote.
418 After a legislative committee votes on a motion, the chair shall:
419 (1) determine and verbally announce whether the motion passed or failed; and
420 (2) unless the vote on the motion is unanimous, verbally identify by name each
421 committee member who voted "yes" or each committee member who voted "no."
422 Section 19. JR7-1-311 is enacted to read:
423 JR7-1-311. Chairs may direct a roll call vote.
424 A chair, or the legislative committee by majority vote, may require a roll call vote.
425 Section 20. JR7-1-312 is enacted to read:
426 JR7-1-312. Chairs to ensure integrity of minutes -- Retention of minutes --
427 Content requirements.
428 (1) Each chair shall:
429 (a) cause a draft of the minutes of the chair's legislative committee to be available for
430 each member of the legislative committee to review before the legislative committee approves
431 the minutes; and
432 (b) ensure that the minutes of each meeting of the legislative committee include:
433 (i) each item required by Utah Code Title 52, Chapter 4, Open and Public Meetings
434 Act; and
435 (ii) each motion, point of order, or appeal of a decision on a point of order.
436 (2) The Office of Legislative Research and General Counsel shall retain a physical or
437 electronic copy of the minutes for each meeting of a legislative committee for three years.
438 Section 21. JR7-1-401 is enacted to read:
439
440 JR7-1-401. Interim committees to receive study assignments.
441 (1) Each interim committee shall:
442 (a) study issues assigned:
443 (i) by passed legislation; or
444 (ii) the Legislative Management Committee; and
445 (b) review programs and hear reports as required by statute.
446 (2) Each interim committee may:
447 (a) investigate and study possibilities for improvement in government services within
448 the interim committee's subject area;
449 (b) receive research reports from interim committee staff pertaining to the interim
450 committee's study agenda;
451 (c) request testimony from government officials, private organizations, or members of
452 the public on issues being studied by the interim committee;
453 (d) make recommendations to the Legislature for legislative action; or
454 (e) prepare one or more committee bills based on the interim committee's studies.
455 (3) During the interim committee's first meeting of each calendar year, the interim
456 committee:
457 (a) shall review the interim committee's study items described in Subsection (1)(a);
458 (b) may, by majority vote, modify or add to the study items described in Subsection
459 (1)(a), provided any modification or addition is within the interim committee's subject area;
460 and
461 (c) shall adopt the study items described in Subsection (1)(a), with any modifications
462 or additions, by majority vote.
463 Section 22. JR7-1-402 is enacted to read:
464 JR7-1-402. Review of audit reports.
465 If a legislative committee receives an audit report from the Audit Subcommittee of the
466 Legislative Management Committee for review, the legislative committee shall:
467 (1) review the audit report and make an affirmative decision whether each
468 recommendation in the audit report should be implemented;
469 (2) if necessary, open a committee bill file to implement any recommendation the
470 legislative committee recommends the Legislature implement; and
471 (3) recommend an appropriation to the Executive Appropriations Committee, if
472 appropriate.
473 Section 23. JR7-1-403 is enacted to read:
474 JR7-1-403. Review rules referred by Administrative Rules Review Committee.
475 If a legislative committee receives an administrative rule for review from the
476 Administrative Rules Review Committee, the legislative committee may:
477 (1) review the administrative rule; and
478 (2) (a) recommend to the Administrative Rules Review Committee whether the
479 Legislature should reauthorize the administrative rule; or
480 (b) decide whether to recommend any related statutory change to the Legislature.
481 Section 24. JR7-1-404 is enacted to read:
482 JR7-1-404. Location of interim committee meetings -- Additional meetings.
483 (1) Unless approved by the Legislative Management Committee, an interim committee
484 shall meet at the time and in the room assigned by the Legislative Management Committee.
485 (2) Notwithstanding Subsection (1), a chair of an interim committee may start a
486 meeting of the interim committee earlier or end a meeting of the interim committee later than
487 the time assigned by the Legislative Management Committee if:
488 (a) the chair complies with:
489 (i) Utah Code Title 52, Chapter 4, Open and Public Meetings Act; and
490 (ii) JR7-1-405; and
491 (b) the meeting does not interfere with a caucus meeting.
492 Section 25. JR7-1-405 is enacted to read:
493 JR7-1-405. Prohibited meeting times -- Exceptions.
494 (1) A legislative committee may not meet:
495 (a) while the Senate or the House of Representatives is in session, unless the meeting is
496 approved by:
497 (i) the president of the Senate and the speaker of the House of Representatives; or
498 (ii) (A) a majority vote of the Senate; and
499 (B) a majority vote of the House of Representatives; or
500 (b) except as provided in Subsection (2), during the period that begins January 1 and
501 ends the day after the day on which the Legislature adjourns that year's general session sine die.
502 (2) Subsection (1)(b) does not apply to:
503 (a) a meeting of the Administrative Rules Review Committee for the purpose of
504 considering draft legislation reauthorizing agency rules in accordance with Utah Code Section
505 63G-3-502; or
506 (b) the Legislative Process Committee.
507 (3) An action of a legislative committee that occurs during a meeting that violates this
508 rule is invalid.
509 Section 26. JR7-1-406 is enacted to read:
510 JR7-1-406. Closed legislative committee meetings.
511 A meeting of a legislative committee is open to the public unless closed in accordance
512 with Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
513 Section 27. JR7-1-407 is enacted to read:
514 JR7-1-407. Electronic legislative committee meetings.
515 (1) A chair may, by following the procedures and requirements of this rule, convene
516 and conduct an electronic meeting of a legislative committee.
517 (2) (a) A member of a legislative committee who will be more than 50 miles away
518 from the anchor location on the day and at the time of a scheduled meeting of the legislative
519 committee may request that the chair allow the member to participate from a remote location.
520 (b) If a member of a legislative committee wishes to participate in a meeting of the
521 legislative committee from a remote location, the member shall, at least three days before the
522 meeting, contact the chair and request that the chair convene and conduct an electronic
523 meeting.
524 (c) After receiving the request, the chair shall:
525 (i) determine whether the member will be more than 50 miles away from the anchor
526 location on the day and at the time of the scheduled meeting;
527 (ii) if the chair determines that the member will be more than 50 miles away from the
528 anchor location on that day and time, consult with committee staff to determine whether there
529 are sufficient equipment and connections to allow the member to participate from a remote
530 location; and
531 (iii) obtain permission from the president of the Senate and the speaker of the House of
532 Representatives to conduct an electronic meeting.
533 (d) If the requirements of Subsection (2)(c) are satisfied, the chair may grant the
534 member's request to participate from a remote location.
535 (3) A chair convening or conducting an electronic meeting shall, if necessary, establish
536 and communicate protocols and procedures governing the electronic meeting to ensure order
537 and fair opportunities for all members of the legislative committee to participate.
538 (4) A chair convening or conducting an electronic meeting shall ensure that:
539 (a) public notice of the meeting, as required by Utah Code Section 52-4-202, is given
540 including posting written notice at the anchor location; and
541 (b) notice of the electronic meeting describing how the members will be connected to
542 the electronic meeting is given to each member of the legislative committee at least 24 hours
543 before the meeting.
544 (5) A member of a legislative committee participating from a remote location is
545 included in calculating a quorum and may vote.
546 Section 28. JR7-1-408 is enacted to read:
547 JR7-1-408. Testimony may be taken under oath.
548 (1) At the direction of a chair of the legislative committee, or upon majority vote of the
549 legislative committee, a legislative committee may take the testimony of a witness, presenter,
550 or visitor under oath.
551 (2) A chair of the legislative committee or committee staff shall administer the oath.
552 Section 29. JR7-1-409 is enacted to read:
553 JR7-1-409. Subpoena powers.
554 A chair may subpoena testimony or documents in accordance with Utah Code Title 36,
555 Chapter 14, Legislative Subpoena Powers.
556 Section 30. JR7-1-410 is enacted to read:
557 JR7-1-410. Right of legislators to attend legislative committee meetings.
558 (1) Any member of the Legislature may:
559 (a) attend any meeting of a legislative committee or a subcommittee, unless the
560 meeting is closed in accordance with Utah Code Title 52, Chapter 4, Open and Public Meetings
561 Act; and
562 (b) if recognized by the chair, present the legislator's views on the subject under
563 consideration.
564 (2) A legislator who attends a meeting of a legislative committee of which the
565 legislator is not a member or a meeting of a subcommittee of which the legislator is not a
566 member may not:
567 (a) make a motion;
568 (b) vote; or
569 (c) receive compensation for attending the meeting, unless approved by the Legislative
570 Expenses Oversight Committee for the chamber of which the legislator is a member.
571 Section 31. JR7-1-411 is enacted to read:
572 JR7-1-411. Creation and organization of subcommittees.
573 (1) A legislative committee may establish one or more subcommittees if approved by:
574 (a) a majority vote of the legislative committee; and
575 (b) the Legislative Management Committee.
576 (2) The legislative committee shall establish each study assignment of a subcommittee
577 by majority vote.
578 (3) After a legislative committee establishes a subcommittee, the chairs of the
579 legislative committee shall:
580 (a) appoint at least four members of the legislative committee to serve on the
581 subcommittee;
582 (b) appoint at least one and no more than two additional members of the legislative
583 committee as chair or cochairs of the subcommittee; and
584 (c) establish the subcommittee's powers, duties, and reporting requirements.
585 (4) Each member of a subcommittee shall receive compensation and expenses.
586 Section 32. JR7-1-501 is enacted to read:
587
588 JR7-1-501. Obtaining the floor in legislative committee meeting -- Remarks to be
589 germane.
590 (1) An individual may not speak to a legislative committee unless recognized by the
591 chair.
592 (2) In accordance with JR7-1-306, the chair shall recognize a member of a legislative
593 committee who requests to speak to the legislative committee.
594 (3) After the chair recognizes a member of a legislative committee, the member:
595 (a) shall ensure that the member's remarks are germane to the subject under
596 consideration; and
597 (b) may make a motion consistent with the requirements of this chapter.
598 Section 33. JR7-1-502 is enacted to read:
599 JR7-1-502. Members shall vote when present.
600 Each member of a legislative committee who is present when the legislative committee
601 votes on a motion shall vote on the motion.
602 Section 34. JR7-1-503 is enacted to read:
603 JR7-1-503. Privileged motions -- General requirements, procedures, and priority.
604 (1) A privileged motion:
605 (a) is nondebatable; and
606 (b) takes precedence over a nonprivileged motion.
607 (2) If a member of a legislative committee makes a privileged motion while another
608 privileged motion is pending, the chair shall place the motions in the following order:
609 (a) adjourn;
610 (b) set a time to adjourn;
611 (c) recess;
612 (d) end debate or call the question;
613 (e) extend debate; and
614 (f) limit debate.
615 (3) Except for a motion to adjourn, a privileged motion, if approved, does not dispose
616 of any other pending motion.
617 Section 35. JR7-1-504 is enacted to read:
618 JR7-1-504. Original motions -- General requirements and procedures.
619 (1) An original motion:
620 (a) is debatable; and
621 (b) may be replaced with a substitute motion.
622 (2) A member of a legislative committee may not make an original motion if:
623 (a) a privileged motion is pending; or
624 (b) a substitute motion is pending.
625 Section 36. JR7-1-505 is enacted to read:
626 JR7-1-505. Substitute motions -- General requirements and procedures.
627 (1) A substitute motion:
628 (a) is debatable; and
629 (b) takes precedence over an original motion.
630 (2) A member of a legislative committee may not make a substitute motion if:
631 (a) a privileged motion is pending; or
632 (b) another substitute motion is pending.
633 (3) If a substitute motion is adopted, the adoption disposes of the original motion.
634 (4) If a substitute motion is not adopted, the original motion is pending.
635 Section 37. JR7-1-506 is enacted to read:
636 JR7-1-506. Reconsideration of action.
637 (1) Except as provided in Subsection (2), a member of a legislative committee may
638 make a motion to reconsider an action of the legislative committee if:
639 (a) the issue or draft legislation that is the subject of the action being reconsidered is on
640 the legislative committee's agenda as required by Utah Code Title 52, Chapter 4, Open and
641 Public Meetings Act; and
642 (b) the legislative committee considered other business after the legislative committee
643 voted to take the action that is being reconsidered.
644 (2) A legislative committee may not reconsider an action more than once.
645 Section 38. JR7-1-507 is enacted to read:
646 JR7-1-507. Repeating a defeated motion.
647 If a legislative committee defeats a motion made by a member of the legislative
648 committee, a member of the legislative committee may not make the motion again until the
649 legislative committee considers other committee business.
650 Section 39. JR7-1-508 is enacted to read:
651 JR7-1-508. Withdrawing a motion.
652 A member of a legislative committee who makes a motion may withdraw the motion at
653 any time before the motion is placed for a vote.
654 Section 40. JR7-1-509 is enacted to read:
655 JR7-1-509. Point of order -- Appeal of chair's decision.
656 (1) (a) If a member of a legislative committee is concerned that the chair is not
657 following or enforcing legislative rule or procedure, the member may make a point of order.
658 (b) A point of order is not a motion.
659 (2) Except during a vote, a member of a legislative committee may make a point of
660 order at any time during a meeting of the legislative committee without recognition by the
661 chair.
662 (3) If a member of a legislative committee makes a point of order, the chair shall:
663 (a) immediately allow the member to state the member's point of order; and
664 (b) rule on the point of order without discussion or debate.
665 (4) (a) A member of the legislative committee may appeal the chair's ruling on a point
666 of order.
667 (b) An appeal of the chair's ruling on a point of order is not a motion.
668 (5) Except during a vote, a member of a legislative committee may appeal the chair's
669 ruling on a point of order at any time during a meeting of the legislative committee without
670 recognition by the chair.
671 (6) (a) If a member of the legislative committee appeals the chair's ruling on a point of
672 order, the chair shall place a vote asking the members of the legislative committee whether to
673 override the chair's ruling on the point of order.
674 (b) The legislative committee may overrule the chair's ruling by a majority vote.
675 (7) (a) If the legislative committee overrides the chair's ruling, the ruling of the
676 legislative committee is final.
677 (b) If the legislative committee does not override the chair's ruling, the ruling of the
678 chair is final.
679 Section 41. JR7-1-510 is enacted to read:
680 JR7-1-510. Point of information.
681 (1) (a) If a member of a legislative committee desires clarification on any aspect of a
682 legislative committee meeting, the member may make a point of information.
683 (b) A point of information is not a motion.
684 (2) Except during a vote, a member of a legislative committee may make a point of
685 information at any time during a meeting of the legislative committee.
686 (3) If a member of a legislative committee makes a point of information, the chair shall
687 immediately allow the member to state the member's point of information.
688 Section 42. JR7-1-511 is enacted to read:
689 JR7-1-511. Division of a motion.
690 (1) (a) Except during a vote, a member of a legislative committee may request division
691 of a motion at any time during a meeting of the legislative committee without being recognized
692 by the chair.
693 (b) A request for division is not a motion.
694 (2) If a member of a legislative committee requests division of a motion:
695 (a) the member shall clearly state how the motion is to be divided; and
696 (b) the chair shall:
697 (i) restate how the motion is to be divided; and
698 (ii) place each motion that results from the divided motion.
699 (3) A member of a legislative committee may not divide a motion to amend draft
700 legislation if the division could create an unintelligible or ambiguous result.
701 Section 43. JR7-1-512 is enacted to read:
702 JR7-1-512. Prohibited motions and requests.
703 (1) (a) Except a motion to adjourn, a member of a legislative committee may not make
704 a motion unless a quorum of the legislative committee is present.
705 (b) If a member of a legislative committee makes a motion to adjourn when a quorum
706 of the legislative committee is not present, the motion passes by an affirmative vote of a
707 majority of the legislative committee members present.
708 (2) The following are not in order during a vote:
709 (a) a motion;
710 (b) a point of order;
711 (c) a point of information; or
712 (d) a request for division.
713 (3) A member of a legislative committee may not make a motion to favorably
714 recommend draft legislation unless the legislation is drafted and distributed to the members of
715 the legislative committee.
716 Section 44. JR7-1-601 is enacted to read:
717
718 JR7-1-601. Opening committee bill files.
719 (1) Except as provided in Subsection (3), a member of a legislative committee may
720 make a motion to open a committee bill file if:
721 (a) the member describes the general subject matter of the legislation;
722 (b) the subject matter is germane to the subject matter over which the legislative
723 committee has jurisdiction; and
724 (c) the member intends that the legislative committee take action on the resulting draft
725 legislation before the next general session in a meeting of the legislative committee.
726 (2) Except as provided in JR7-1-602, a legislative committee may not authorize any
727 individual or group of individuals to open a committee bill file.
728 (3) A legislative committee may not open a committee bill file during the period that
729 begins January 1 and ends the day after the day on which the Legislature adjourns that year's
730 general session sine die.
731 Section 45. JR7-1-602 is enacted to read:
732 JR7-1-602. Interim committee chairs' authority to open committee bill files.
733 During an interim committee's first meeting of a calendar year, the interim committee
734 may, by motion and majority vote, authorize the chairs to do one of the following:
735 (1) open one or more committee bill files related to any study item adopted by the
736 interim committee under JR7-1-401(3), as the chairs deem necessary; or
737 (2) open one or more committee bill files related to one or more study items that are:
738 (a) adopted by the interim committee under JR7-1-401(3); and
739 (b) specified in the motion.
740 Section 46. JR7-1-603 is enacted to read:
741 JR7-1-603. Four phases when considering draft legislation -- Exception.
742 (1) Subject to Subsection (2), a legislative committee shall consider draft legislation in
743 the following four phases:
744 (a) the presentation phase as described in JR7-1-604;
745 (b) the clarifying questions phase as described in JR7-1-605;
746 (c) the public comment phase as described in JR7-1-606; and
747 (d) the legislative committee action phase as described in JR7-1-607.
748 (2) The chair, or the legislative committee by majority vote, may elect to have the
749 legislative committee consider draft legislation in a manner different from the four phases
750 described in this part.
751 Section 47. JR7-1-604 is enacted to read:
752 JR7-1-604. Presentation phase.
753 (1) During the presentation phase:
754 (a) the chair shall permit the legislative sponsor of the draft legislation to present the
755 draft legislation to the legislative committee; and
756 (b) a member of the legislative committee may not make a motion to amend the draft
757 legislation or dispose of the draft legislation.
758 (2) At the election of the legislative sponsor, the chair shall allow another individual to
759 assist with the legislative sponsor's presentation if the individual has expertise related to the
760 draft legislation.
761 Section 48. JR7-1-605 is enacted to read:
762 JR7-1-605. Clarifying questions phase.
763 (1) During the clarifying questions phase:
764 (a) the chair shall allow members of the legislative committee to ask the legislative
765 sponsor questions to help clarify:
766 (i) the intent or purpose of the draft legislation; or
767 (ii) the meaning of the language of the draft legislation; and
768 (b) a member of the legislative committee may not make a motion to amend the draft
769 legislation or dispose of the draft legislation.
770 (2) The chair shall allow the legislative sponsor to respond to any clarifying question
771 from a member of the legislative committee.
772 Section 49. JR7-1-606 is enacted to read:
773 JR7-1-606. Public comment phase.
774 (1) Except as otherwise provided in this rule, during the public comment phase:
775 (a) the chair shall take comment from one or more members of the public; and
776 (b) a member of the legislative committee may not make a motion to amend the draft
777 legislation or dispose of the draft legislation.
778 (2) The chair, or the legislative committee by majority vote, may preclude or terminate
779 the public comment phase.
780 Section 50. JR7-1-607 is enacted to read:
781 JR7-1-607. Committee action phase.
782 During the committee action phase, a member of the legislative committee may make a
783 motion authorized by this chapter, including a motion to amend the draft legislation or
784 favorably recommend the draft legislation.
785 Section 51. JR7-1-608 is enacted to read:
786 JR7-1-608. Motions related to draft legislation.
787 A legislative committee may approve one or more of the following motions with
788 respect to draft legislation it considers:
789 (1) move to the next item on the agenda;
790 (2) amend the draft legislation, subject to the requirements of JR7-1-609; or
791 (3) favorably recommend the draft legislation as a committee bill.
792 Section 52. JR7-1-609 is enacted to read:
793 JR7-1-609. Amending draft legislation -- Verbal amendments -- Amendments
794 must be germane.
795 (1) Subject to Subsection (2), when timely and when recognized by the chair, a
796 member of a legislative committee may make a motion to amend the draft legislation under
797 consideration.
798 (2) (a) A member of the legislative committee may make a motion to amend the draft
799 legislation only if the subject of the proposed amendment is germane to the subject of the draft
800 legislation.
801 (b) If a member of the legislative committee believes a proposed amendment is not
802 germane to the subject of the draft legislation, the member may make a point of order in
803 accordance with JR7-1-509.
804 (3) During a legislative committee's last meeting before the start of a general session, a
805 member of the legislative committee may make a motion for a verbal amendment only if the
806 verbal amendment is sufficiently clear to allow the members of the legislative committee to
807 know how the draft legislation will read when the verbal amendment is incorporated into the
808 draft legislation.
809 Section 53. JR7-1-610 is enacted to read:
810 JR7-1-610. Committee bill files -- Effect of favorable recommendation --
811 Committee bill files without recommendation abandoned.
812 (1) After a legislative committee reviews draft legislation the legislative committee
813 may give the draft legislation a favorable recommendation.
814 (2) If a legislative committee gives draft legislation a favorable recommendation, the
815 Office of Legislative Research and General Counsel shall:
816 (a) attach a committee note to the committee bill, as required under JR4-2-401; and
817 (b) assign the committee bill a bill number in accordance with JR4-2-501.
818 (3) (a) Except as provided in Subsection (3)(b), a committee bill file that does not
819 receive a favorable recommendation before December 31 of the year in which the committee
820 bill file was opened is abandoned.
821 (b) Subsection (3)(a) does not apply to a committee bill file opened by:
822 (i) the Administrative Rules Review Committee for the purpose of reauthorizing
823 agency rules in accordance with Utah Code Section 63G-3-502; or
824 (ii) the Legislative Process Committee.
825 (4) (a) Nothing in this rule prohibits a legislator from making a request for legislation
826 in the legislator's name to sponsor legislation that was abandoned in accordance with
827 Subsection (3).
828 (b) A request for legislation described in Subsection (4)(a) is subject to the drafting
829 priority described in JR4-2-102.
830 Section 54. JR7-1-611 is enacted to read:
831 JR7-1-611. Assignment of committee bills -- Report on committee bills and study
832 items.
833 (1) The chairs of each legislative committee shall:
834 (a) assign each of the legislative committee's bills a chief sponsor and a floor sponsor
835 from the opposite chamber; and
836 (b) deliver to the Senate Rules Committee and the House Rules Committee a report
837 that includes, for each of the legislative committee's committee bills:
838 (i) the short title;
839 (ii) the chief sponsor;
840 (iii) the floor sponsor; and
841 (iv) how each member of the interim committee voted when the interim committee
842 gave the committee bill a favorable recommendation, including whether a member was absent
843 at the time of the vote.
844 (2) In addition to the items described in Subsection (1), the chairs of each interim
845 committee shall deliver to the Legislative Management Committee:
846 (a) a copy of the report described in Subsection (1)(b); and
847 (b) the disposition of each issue assigned to or studied by the interim committee during
848 the preceding calendar year.
849 (3) (a) The chairs of an interim committee shall comply with this rule on or before
850 December 15.
851 (b) The chairs of a special committee shall comply with this rule as soon as practicable.
852 Section 55. Repealer.
853 This resolution repeals:
854 IR1-1-101, Definitions.
855 IR1-1-201, Interim committees established -- Membership -- Chairs -- Chair
856 duties.
857 IR1-1-202, Interim committees -- Creation and organization of subcommittees.
858 IR1-1-203, Special committees -- Creation and organization of subcommittees.
859 IR2-1-101, Interim committees -- General duties.
860 IR2-1-102, Favorable recommendation of legislation to the Legislature.
861 IR2-2-101, Interim committees -- Reviewing audit reports.
862 IR2-2-102, Interim committees -- Review of rules referred by Administrative Rules
863 Review Committee.
864 IR2-2-103, Interim committees -- First meeting of interim -- List of study items --
865 Long-term planning emphasis.
866 IR2-2-104, Interim committees and task forces -- Recommendation of legislation --
867 Abandonment and assignment of committee bills.
868 IR3-1-101, Interim committees -- Joint meetings -- Location of meetings -- Notice
869 of meetings.
870 IR3-1-102, Rights of members to attend meetings -- Nonmembers of the committee
871 or subcommittee may not vote.
872 IR3-1-103, Order and decorum -- Points of order.
873 IR3-1-104, Visitors.
874 IR3-1-105, Electronic meetings.
875 IR3-2-101, Quorum requirements.
876 IR3-2-102, Voting requirements.
877 IR3-2-201, Minutes.
878 IR3-3-101, Order of business.
879 IR3-3-102, Obtaining the floor in committee -- Remarks to be germane.
880 IR3-3-103, Members required to vote.
881 IR3-3-201, Public hearings.
882 IR3-4-101, Motions to be stated before debate -- Dividing a motion -- Withdrawing
883 a motion.
884 IR3-4-102, Motions in order during debate.
885 IR3-4-103, Motions to be decided without debate.
886 IR3-4-104, Substitute motions.
887 IR3-4-105, Which motions may be amended (Masons Sec. 396).
888 IR3-4-201, Motion to adjourn.
889 IR3-4-202, Motion to end debate.