H.R. 4
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: C.R. Gilbert 6
6 02-24-23 7:52 AM 6
H.R. 4
1 HOUSE RULES RESOLUTION - AMENDMENTS TO HOUSE
2 RULES
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: James A. Dunnigan
6
7LONG TITLE
8General Description:
9 This resolution modifies legislative rules governing the House of Representatives.
10Highlighted Provisions:
11 This resolution:
12 <modifies references to members of House staff;
13 <prohibits a standing committee from reviewing legislation without an approved
14fiscal note;
15 <amends the circumstances under which a standing committee may recommend
16legislation be placed on the consent calendar;
17 <allows a standing committee member to make a motion to recess without a quorum
18present;
19 <prohibits a representative from reading a written speech or using a display, exhibit,
20demonstration, or prop during debate on the House floor; and
21 <makes corrections to House rules, including eliminating obsolete language and
22clarifying existing requirements.
23Special Clauses:
24 This resolution provides a coordination clause.
25Legislative Rules Affected:
26AMENDS:
27 HR1-1-101
*HR0004* H.R. 4 02-24-23 7:52 AM
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28 HR1-4-201
29 HR1-4-202
30 HR1-5-201
31 HR1-5-202
32 HR1-5-301
33 HR3-1-101
34 HR3-1-102
35 HR3-1-103
36 HR3-2-306
37 HR3-2-310
38 HR3-2-318
39 HR3-2-319
40 HR3-2-401
41 HR3-2-402
42 HR3-2-405
43 HR3-2-406
44 HR3-2-408
45 HR3-2-510
46 HR4-2-201
47 HR4-4-101
48 HR4-4-201
49 HR4-4-202
50 HR4-4-301
51 HR4-4-501
52 HR4-6-105.5
53 HR4-7-102
54 HR4-7-104
55 HR4-8-104
56 HR4-9-101
57 HR4-9-103
58ENACTS: 02-24-23 7:52 AM H.R. 4
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59 HR1-4-301
60 HR1-4-302
61REPEALS AND REENACTS:
62 HR1-4-101
63 HR1-4-102
64Legislative Rules Affected by Coordination Clause:
65 HR3-3-101
66
67Be it resolved by the House of Representatives of the state of Utah:
68 Section 1. HR1-1-101 is amended to read:
69 HR1-1-101. Adoption, amendment, or suspension of House Rules.
70 (1) The House of Representatives shall adopt House rules, by a constitutional
71two-thirds vote, at the beginning of each new Legislature convening in odd-numbered years.
72 (2) Except as provided in this rule:
73 (a) (i) during an annual general session held in an even-numbered year, rules adopted
74by the House of Representatives during the immediately preceding general session, as amended
75during that general session and any intervening session, apply to the conduct of the House; and
76 (ii) during any special session, House rules apply as provided in JR2-1-101.
77 (b) for a session described in this Subsection (2), the [chief clerk] presiding officer
78shall announce to the House that the previously adopted rules apply to the newly convened
79session.
80 (3) (a) Except as otherwise provided in this Subsection (3), additional rules may be
81adopted and existing rules may be suspended, amended, or repealed by a majority vote.
82 (b) The following rules require a two-thirds vote to suspend:
83 (i) rules governing limitation of debate;
84 (ii) rules governing a motion to end debate (call the previous question);
85 (iii) rules governing motions for lifting tabled legislation from committee;
86 (iv) rules governing consideration or reconsideration of legislation during the last three
87days of a session;
88 (v) rules governing voting in Title 4, Chapter 7, Voting; and
89 (vi) rules that include a two-thirds voting requirement. H.R. 4 02-24-23 7:52 AM
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90 (c) A rule that includes a constitutional majority voting requirement may only be
91suspended by a constitutional majority vote.
92 (d) A rule that includes a constitutional two-thirds voting requirement may only be
93suspended by a constitutional two-thirds vote.
94 (e) If the suspension of any House rule is governed by the Utah Constitution or Utah
95statutes, the House may suspend that rule only as provided by that constitutional or statutory
96provision.
97 (4) If a motion to adopt the rules under Subsection (1) meets or exceeds a majority vote
98but fails to reach a constitutional two-thirds vote:
99 (a) rules adopted by the House of Representatives during the immediately preceding
100general session, as amended during that general session and any intervening session, apply to
101the conduct of the House; and
102 (b) the [chief clerk] presiding officer shall announce to the House that the previously
103adopted rules apply to the newly convened Legislature.
104 Section 2. HR1-4-101 is repealed and reenacted to read:
105 Part 1. House Chief of Staff
106 HR1-4-101. Appointment of the House chief of staff.
107 The speaker or speaker-elect of the House shall appoint an individual to serve as chief
108of staff of the House.
109 Section 3. HR1-4-102 is repealed and reenacted to read:
110 HR1-4-102. Duties of the House chief of staff.
111 The chief of staff shall perform duties as assigned by the speaker.
112 Section 4. HR1-4-201 is amended to read:
113 HR1-4-201. Appointment of sergeant-at-arms.
114 [The speaker or speaker-elect of the House] The chief of staff or the chief of staff's
115designee shall appoint a person to serve as sergeant-at-arms of the Utah House of
116Representatives.
117 Section 5. HR1-4-202 is amended to read:
118 HR1-4-202. Duties of the sergeant-at-arms.
119 [The] Subject to the chief of staff's or the chief of staff's designee's direction, the
120sergeant-at-arms and the employees under the sergeant's direction shall: 02-24-23 7:52 AM H.R. 4
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121 (1) maintain security in areas controlled by the House;
122 (2) enforce the House Rules [at the direction of the presiding officer of the House];
123 (3) enforce the [provision] provisions of Utah Code Title 26, Chapter 38, Utah Indoor
124Clean Air Act, in areas controlled by the House;
125 (4) when the House is convened in annual general session or special session, receive
126and, in coordination with [the chief clerk] House staff, transmit written messages to
127representatives on the House floor from or on behalf of individuals who are present at the
128capitol; and
129 (5) provide other service as requested by the [chief clerk] chief of staff or the speaker.
130 Section 6. HR1-4-301 is enacted to read:
131 Part 3. Chief Clerk of the House
132 HR1-4-301. Appointment of the chief clerk.
133 (1) The speaker or speaker-elect of the House, or the speaker's or speaker-elect's
134designee, shall appoint an individual to serve as chief clerk of the House.
135 (2) The chief clerk reports to the chief of staff.
136 Section 7. HR1-4-302 is enacted to read:
137 HR1-4-302. Duties of the chief clerk.
138 Subject to the chief of staff's direction, the chief clerk shall perform the following
139duties:
140 (1) certify and transmit legislation to the Senate and inform the Senate of all House
141action;
142 (2) assist in the preparation of the House Journal and certify it as an accurate reflection
143of House action;
144 (3) make the following technical corrections to legislation either before or following
145final passage:
146 (a) correct the spelling of words;
147 (b) correct the erroneous division and hyphenation of words;
148 (c) correct mistakes in numbering sections and their references;
149 (d) capitalize words or change capitalized words to lower case;
150 (e) change numbers from words to figures or from figures to words; or
151 (f) underscore or remove underscoring in legislation without a motion to amend; H.R. 4 02-24-23 7:52 AM
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152 (4) modify the long title of a piece of legislation to ensure that the long title accurately
153reflects any changes to the legislation made by amendment or substitute;
154 (5) act as custodian of all official documents related to legislation;
155 (6) receive all numbered legislation from the Office of Legislative Research and
156General Counsel;
157 (7) record the number, title, sponsor, each action, and final disposition of each piece of
158legislation on the legislation;
159 (8) prepare and distribute the daily order of business each day;
160 (9) advise the speaker on parliamentary procedure, Joint Rules, and House Rules;
161 (10) assist with amendments to legislation;
162 (11) record votes and, if requested, present the results to the speaker;
163 (12) record the votes of any member who is present in the House chamber who
164requests assistance of the chief clerk;
165 (13) transmit all enrolled House bills and House concurrent resolutions to the
166governor;
167 (14) maintain all calendars for the House floor; and
168 (15) other duties as assigned by the chief of staff.
169 Section 8. HR1-5-201 is amended to read:
170 HR1-5-201. Scheduling guest speakers.
171 (1) As used in this rule:
172 (a) "Guest speaker" means a person who is scheduled to address the House of
173Representatives who is not a representative.
174 (b) "Guest speaker" does not include:
175 (i) a person who is called to address the House on a particular piece of legislation or
176issue under consideration by the House; or
177 (ii) a representative's introduction or acknowledgment of a visitor or special guest who
178does not address the House.
179 (2) Before a guest speaker may address the House, the [chief clerk, under the direction
180of the speaker,] speaker must schedule the guest speaker for a time certain on the House daily
181order of business.
182 Section 9. HR1-5-202 is amended to read: 02-24-23 7:52 AM H.R. 4
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183 HR1-5-202. Executive session.
184 (1) The House of Representatives shall comply with the requirements of Utah Code
185Title 52, Chapter 4, Open and Public Meetings Act, when holding an executive session.
186 (2) When the House of Representatives approves a motion to go into executive session,
187the sergeant-at-arms shall close the House chamber doors.
188 (3) The presiding officer may require that all persons, except the representatives[, chief
189clerk, journal clerk, and sergeant-at-arms] and specified staff leave the chamber, halls, gallery,
190and lounge.
191 (4) During the executive session, everyone present must remain within the chamber.
192 (5) Everyone present shall keep all matters discussed in executive session confidential.
193 (6) During the executive session, those within the chamber may not communicate with
194anyone outside the chamber by verbal, written, electronic, or any other means.
195 Section 10. HR1-5-301 is amended to read:
196 HR1-5-301. Special order of business -- Time certain.
197 (1) (a) Except as provided in Subsection (2), a representative may make a motion, or
198the House Rules committee may recommend, that a piece of legislation become a special order
199of business on the time certain calendar.
200 (b) If the motion is approved by a majority of the members present, the [chief clerk]
201presiding officer shall place the legislation on the time certain calendar.
202 (2) A motion to place a piece of legislation as a special order of business on the time
203certain calendar may not be made if the legislation has not yet been placed on the third reading
204calendar or the consent calendar.
205 (3) At the time set for consideration of the legislation, the presiding officer shall place
206the legislation before the House.
207 Section 11. HR3-1-101 is amended to read:
208 HR3-1-101. House Rules Committee -- Appointment -- General responsibilities.
209 (1) The speaker shall appoint members of the House of Representatives to serve on the
210House Rules Committee.
211 (2) The House Rules Committee shall perform the following functions as further
212elaborated in this part:
213 (a) receive introduced legislation from the House and recommend that the legislation H.R. 4 02-24-23 7:52 AM
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214be assigned to a House standing committee or to the House third reading calendar;
215 (b) receive legislation from the House that has been sent back to the House Rules
216Committee from the third reading calendar, and recommend to the House which legislation
217should be assigned to the third reading calendar and the order in which it should be heard; and
218 (c) function as a standing committee or interim committee when reviewing Joint Rules,
219[Interim Rules,] House Rules, or other legislation.
220 Section 12. HR3-1-102 is amended to read:
221 HR3-1-102. House Rules Committee -- Assignment duties.
222 (1) The presiding officer shall submit all legislation introduced in the House of
223Representatives to the House Rules Committee.
224 (2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
225Committee, the committee shall examine the legislation [referred to it] for proper form,
226including fiscal note and committee note, if any, and either:
227 (a) refer the legislation to the House with a recommendation that the legislation be:
228 (i) referred to a standing committee for consideration; or
229 (ii) read the second time and placed on the third reading calendar if the legislation:
230 (A) has received a favorable recommendation from a House standing committee;
231 (B) is exempted from the House standing committee review requirements under
232HR3-2-401; or
233 (C) has received a favorable recommendation from the House Rules Committee
234meeting as a standing committee as permitted under HR3-1-101; or
235 [(D) was approved by a unanimous vote of the members present at an interim
236committee meeting and met the posting requirements of JR7-1-602.5; or]
237 (b) hold the legislation.
238 [(3) If the chair of the House Rules Committee receives a summary report from the
239Occupational and Professional Licensure Review Committee related to newly regulating an
240occupation or profession within the two calendar years immediately preceding the session in
241which a piece of legislation is introduced related to the regulation by the Division of
242Occupational and Professional Licensing of that occupation or profession:]
243 [(a) the chair of the House Rules Committee shall ensure that the House Rules
244Committee is informed of the summary report before the House Rules Committee takes action 02-24-23 7:52 AM H.R. 4
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245on the legislation; and]
246 [(b) if the House Rules Committee refers the legislation to the House as provided for in
247Subsection (2)(a):]
248 [(i) the Office of Legislative Research and General Counsel shall make the summary
249report reasonably available to the public and to legislators; and]
250 [(ii) if the legislation is referred to a standing committee, the House Rules Committee
251shall forward the summary report to the standing committee.]
252 [(4)] (3) In carrying out the House Rules Committee's functions and responsibilities
253under this rule, the committee may not:
254 (a) table legislation without the written consent of the sponsor;
255 (b) report out any legislation that has been tabled by a standing committee;
256 (c) amend legislation without the written consent of the sponsor; or
257 (d) substitute legislation without the written consent of the sponsor.
258 [(5)] (4) The House Rules Committee may recommend a time certain for floor
259consideration of any legislation when [it] the legislation is reported out of the House Rules
260Committee, or at any other time.
261 [(6)] (5) When the House Rules Committee is carrying out the committee's functions
262and responsibilities under this rule, the committee shall:
263 (a) when the Legislature is in session, give notice of the committee's meetings
264according to the requirements of HR3-1-106;
265 (b) when the Legislature is not in session, post a notice of meeting at least 24 hours
266before the meeting convenes;
267 (c) have as the committee's agenda all legislation in the committee's possession for
268assignment to committee or to the House calendars; and
269 (d) prepare minutes that include a record, by individual representative, of votes taken.
270 [(7)] (6) House Rules Committee meetings are open to the public, but comments and
271discussion are limited to members of the committee and the committee's staff.
272 Section 13. HR3-1-103 is amended to read:
273 HR3-1-103. House Rules Committee -- Standing and interim committee duties.
274 (1) The House Rules Committee has all the powers, functions, and duties of a standing
275committee or interim committee when it reviews proposed House Rules, [Interim Rules,] Joint H.R. 4 02-24-23 7:52 AM
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276Rules resolutions, or other legislation.
277 (2) Any rules resolutions or legislation reviewed and approved by the House Rules
278Committee may be reported directly to the House for [its approval, amendment, or disapproval]
279consideration.
280 (3) When meeting as a standing committee or interim committee under this rule,
281[persons] individuals other than committee members may address the committee at the
282discretion of the chair.
283 (4) When meeting as a standing committee or interim committee under this rule, the
284House Rules Committee shall comply with the provisions of Utah Code Title 52, Chapter 4,
285Open and Public Meetings Act.
286 Section 14. HR3-2-306 is amended to read:
287 HR3-2-306. Sponsor presentation.
288 (1) (a) Except as provided in Subsection (2), during the presentation phase, a
289committee member may not amend legislation, substitute legislation, or dispose of legislation.
290 (b) All other motions are in order during the presentation phase.
291 (2) During the presentation phase of a committee meeting, the chair may accept a
292[simple] motion to amend legislation if the chair permits:
293 (a) committee questions and debate;
294 (b) public comment as provided in HR3-2-308;
295 (c) the sponsor of the legislation affected by the amendment to respond to the motion
296to amend; and
297 (d) the committee member who made the motion to amend to have the final word on
298the motion as required under HR3-2-313.
299 (3) During the presentation phase of a standing committee meeting, the chair shall:
300 (a) permit the legislative sponsor to present the sponsor's legislation; and
301 (b) except as provided in Subsection (4), and at the election of the legislative sponsor,
302permit [persons] individuals who have expertise on the legislation to assist with the
303presentation as provided in HR3-2-304.
304 (4) The chair may not permit a legislative intern or a legislative aide to present
305legislation.
306 Section 15. HR3-2-310 is amended to read: 02-24-23 7:52 AM H.R. 4
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307 HR3-2-310. Chair to preserve order -- Powers to preserve order.
308 (1) The chair shall preserve order and decorum during standing committee meetings
309by:
310 (a) controlling outbursts and demonstrations; and
311 (b) ensuring that committee members, presenters, witnesses, and visitors act in a
312dignified and respectful manner.
313 (2) To preserve order, the chair may:
314 (a) clear the committee room of any person who engages in disorderly conduct;
315 (b) recess a standing committee meeting without a motion; or
316 (c) request assistance from:
317 (i) the sergeant-at-arms; or
318 (ii) the Utah Highway Patrol.
319 Section 16. HR3-2-318 is amended to read:
320 HR3-2-318. Chair to send standing committee reports to the House.
321 (1) When a standing committee approves a motion to dispose of legislation under the
322requirements of HR3-2-408 or HR3-2-403, the chair shall, no later than the next legislative
323day, submit to the chief clerk of the House:
324 (a) the official version of the legislation; and
325 (b) a committee report, signed by the chair, describing the committee's action.
326 (2) (a) A committee member who dissents from a motion to dispose of legislation may
327request to be listed by name on the committee report.
328 (b) If a committee member requests to be listed by name on a committee report, the
329committee report shall include the name of the committee member.
330 (3) If, for any reason, the chair does not submit a committee report to the chief clerk of
331the House as required in Subsection (1), the chief clerk of the House shall ensure that the
332official version of the legislation and the committee report are submitted before the end of the
333second legislative day after the [legislation was acted on by a standing committee] committee
334disposed of the legislation.
335 Section 17. HR3-2-319 is amended to read:
336 HR3-2-319. Chair to ensure integrity of minutes -- Retention of minutes.
337 (1) The chair shall: H.R. 4 02-24-23 7:52 AM
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338 (a) ensure that a secretary takes minutes of standing committee meetings;
339 (b) present the minutes to the committee for approval; and
340 (c) send the approved minutes to [the office of the chief clerk of] the House.
341 [(2) The chief clerk of the House shall retain committee minutes for three years.]
342 [(3)] (2) The chair shall ensure that committee minutes comply with the requirements
343of Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
344 [(4) The chair shall ensure that committee minutes include:]
345 [(a) the date, time, and place of each committee meeting;]
346 [(b) a list of committee members present;]
347 [(c) each motion made;]
348 [(d) the vote on each motion;]
349 [(e) points of order; and]
350 [(f) the outcome of each appeal of the decision of the chair.]
351 Section 18. HR3-2-401 is amended to read:
352 HR3-2-401. Standing committee review required -- Exceptions.
353 (1) Except as provided in Subsection (2), the House of Representatives may not pass a
354bill, joint resolution, or concurrent resolution during the annual general session unless a House
355standing committee has given a favorable recommendation to the legislation.
356 (2) Subsection (1) does not apply to:
357 (a) a resolution regarding legislative rules or legislative personnel;
358 (b) legislation that [has been approved by a unanimous vote of the members present at
359an interim committee meeting] is a committee bill as defined in JR7-1-101 that:
360 (i) received its favorable recommendation by a unanimous vote of the members present
361at the authorized legislative committee; and
362 (ii) satisfied the posting requirements described in JR7-1-602.5;
363 (c) the revisor's statute; or
364 (d) if the legislation was reviewed and approved by the Executive Appropriations
365Committee, legislation that:
366 (i) exclusively appropriates money;
367 (ii) amends Utah Code Title 53F, Chapter 2, State Funding -- Minimum School
368Program; 02-24-23 7:52 AM H.R. 4
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369 (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
370 (iv) authorizes the issuance of general obligation or revenue bonds.
371 Section 19. HR3-2-402 is amended to read:
372 HR3-2-402. Standing committee review of legislation with a fiscal impact.
373 (1) (a) A standing committee may not review legislation unless the legislation has an
374approved fiscal note.
375 (b) Notwithstanding Subsection (1)(a), a standing committee may consider a substitute
376not previously adopted, regardless of whether the substitute has an approved fiscal note.
377 (2) Except as provided in HR3-2-401, a standing committee in one or both houses shall
378review legislation before the legislation is held in the opposite house because of its fiscal
379impact.
380 Section 20. HR3-2-405 is amended to read:
381 HR3-2-405. Consent calendar -- Nonbinding resolutions -- Committee
382recommendations -- Licensure review reports.
383 (1) As used in this rule, "nonbinding resolution":
384 (a) means a resolution that:
385 (i) is primarily for the purpose of recognizing, honoring, or memorializing an
386individual, group, or event;
387 (ii) requests, rather than compels, action or awareness by an individual or group; or
388 (iii) is informational or promotional in nature; and
389 (b) does not mean:
390 (i) a rules resolution;
391 (ii) a resolution for a constitutional amendment; or
392 (iii) any resolution that approves or authorizes any action, requires any substantive
393action to be taken, or results in a change in law, policy, or funding.
394 (2) (a) A nonbinding resolution shall be placed on the consent calendar.
395 (b) A nonbinding resolution may be moved to the time certain calendar or other
396calendar by a majority vote of those present.
397 (3) A standing committee may recommend that legislation in the standing committee's
398possession be placed on the consent calendar if:
399 (a) the committee approves a motion, by a unanimous vote of those present, to give the H.R. 4 02-24-23 7:52 AM
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400legislation a favorable recommendation; and
401 (b) immediately subsequent to that action, the committee approves a separate motion,
402by a unanimous vote of those present, to recommend that the legislation be placed on the
403consent calendar[; and].
404 [(c) the legislation has a fiscal note that is less than $10,000.]
405 [(4) If, in accordance with HR3-1-102, the House Rules Committee forwards a
406summary report from the Occupational and Professional Licensure Review Committee in
407conjunction with legislation referred to a standing committee, the chair shall ensure that the
408summary report is read orally to the committee before action is taken by the committee on the
409legislation that is related to the summary report.]
410 Section 21. HR3-2-406 is amended to read:
411 HR3-2-406. Amending legislation -- Verbal amendments -- Amendments must be
412germane.
413 (1) (a) Subject to Subsection (2) and HR3-2-306, and if recognized by the chair during
414the [sponsor] presentation phase or the committee action phase, a committee member may
415make a motion to amend the legislation that is under consideration.
416 (b) (i) A committee member may propose a verbal amendment to the legislation under
417consideration if the amendment contains 15 or fewer words.
418 (ii) Unless the amendment contains 15 or fewer words, before proposing a motion to
419amend, a committee member shall ensure that a copy of the proposed amendment is available
420online.
421 (iii) Each word inserted shall count as one of the 15 words permitted under a verbal
422amendment, except that:
423 (A) numbering shall not be counted as a word;
424 (B) instructions to delete a word or words shall not count as a word; and
425 (C) a word or an exact phrase that is inserted in multiple locations shall only be
426counted for the first insertion.
427 (2) (a) A committee member may only make a motion to amend that is germane to the
428subject of the legislation under consideration.
429 (b) A committee member who believes that an amendment is not germane to the
430subject of the legislation may make a point of order or appeal as described in HR3-2-506. 02-24-23 7:52 AM H.R. 4
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431 Section 22. HR3-2-408 is amended to read:
432 HR3-2-408. Legislation tabled in a standing committee -- Requirements.
433 (1) If legislation is tabled, the chair shall list the tabled legislation on the committee
434agenda for the next committee meeting.
435 (2) At the next committee meeting, the committee may, by a two-thirds vote, lift the
436tabled legislation from the table.
437 (3) If a motion to lift tabled legislation is successful, the standing committee may make
438any motion on the legislation that is authorized under this chapter.
439 (4) (a) If legislation is tabled by a committee and the legislation is not lifted from the
440table at the committee's next meeting, the committee chair shall submit a committee report to
441the chief clerk of the House informing the House that the legislation was tabled.
442 (b) After reading the committee report on the tabled legislation, the [chief clerk of the
443House] presiding officer shall send the tabled legislation to the House Rules Committee for
444filing.
445 (5) After tabled legislation is sent to the House Rules Committee for filing, a
446representative may not make a motion to:
447 (a) lift the tabled legislation from the House Rules Committee and place it on the third
448reading calendar; or
449 (b) lift the tabled legislation from the House Rules Committee and refer it to a standing
450committee for consideration.
451 Section 23. HR3-2-510 is amended to read:
452 HR3-2-510. Prohibited motions.
453 (1) (a) Except for a motion to adjourn or a motion to recess, a committee member may
454not make a motion unless a quorum of the standing committee is present.
455 (b) When a quorum is not present, a motion to adjourn or a motion to recess is passed
456with a majority vote of those present.
457 (2) No motion is in order during a vote.
458 (3) A point of order is not in order during a vote.
459 (4) A committee member may not make a motion to:
460 (a) strike the enacting clause of legislation;
461 (b) strike the resolving clause of a resolution; H.R. 4 02-24-23 7:52 AM
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462 (c) circle legislation;
463 (d) place legislation on a time certain calendar;
464 (e) postpone legislation to a day certain; or
465 (f) postpone legislation indefinitely.
466 Section 24. HR4-2-201 is amended to read:
467 HR4-2-201. Point of order.
468 (1) (a) If a representative believes that there has been a breach of order, a breach of
469rules, or a breach of established parliamentary practice, the representative may rise and,
470without being recognized, state: "point of order."
471 (b) When a representative raises a point of order:
472 (i) the presiding officer shall interrupt the proceedings;
473 (ii) the representative who has the floor shall yield the floor; and
474 (iii) the presiding officer shall ask the representative raising the point of order to "state
475your point."
476 (c) When the presiding officer responds "state your point," the representative shall
477briefly explain the alleged breach to the body, citing to appropriate authority if possible.
478 (2) (a) The presiding officer may:
479 (i) speak to points of order in preference to other representatives rising for that
480purpose;
481 (ii) rule on the point of order immediately;
482 (iii) consult with [the chief clerk] staff, the parliamentarian, or both before ruling on
483the point of order; or
484 (iv) suggest that the House recess until the presiding officer can research and rule on
485the point of order.
486 (b) (i) Although points of order are generally decided without debate, the presiding
487officer may submit the point of order to the House for decision in doubtful cases.
488 (ii) If submitted to the House for decision, a presiding officer shall allow debate or
489discussion on the point of order by recognizing members of the House who wish to speak to the
490point of order.
491 (iii) A decision by the House deciding a point of order is not subject to appeal.
492 (3) When the presiding officer rules on the point of order, any representative who 02-24-23 7:52 AM H.R. 4
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493disagrees with the presiding officer's decision may appeal that decision to the House by
494following the procedures and requirements of HR4-2-202.
495 Section 25. HR4-4-101 is amended to read:
496 HR4-4-101. Committee reports -- Second reading calendar.
497 (1) [The chief clerk of the House or the chief clerk's designee] House staff shall:
498 (a) read to the House each standing committee report submitted to the House; and
499 (b) read the legislation by title unless the House suspends this requirement by a
500two-thirds vote.
501 (2) (a) If the House passes a motion to adopt the committee report, the amendments
502and substitutes adopted by the committee and identified on the committee report become
503legally part of the legislation.
504 (b) If a motion to adopt the committee report fails, the [chief clerk] presiding officer
505shall return the legislation to the House Rules Committee.
506 (3) A majority vote of the House is required to:
507 (a) approve a motion to adopt the committee report; and
508 (b) pass the legislation on second reading to the third reading or consent calendar.
509 (4) The placement of a piece of legislation on a House reading calendar is the second
510reading of that legislation.
511 Section 26. HR4-4-201 is amended to read:
512 HR4-4-201. Third reading calendar -- Procedures.
513 (1) (a) For the third reading on a piece of legislation, [the chief clerk of the House or
514the chief clerk's designee] House staff shall read the legislation by title unless the House
515suspends this requirement by a two-thirds vote.
516 (b) (i) After reading the title of the legislation, [the chief clerk or the chief clerk's
517designee] House staff shall identify the House standing committee that reviewed the legislation
518and the vote in that committee.
519 (ii) If the legislation has not been reviewed by a House standing committee, [the chief
520clerk or the chief clerk's designee] House staff shall announce that the legislation was not
521reviewed by a House standing committee.
522 (2) When [the chief clerk or the chief clerk's designee] House staff has completed the
523third reading of the legislation, the legislation is before the House for debate. H.R. 4 02-24-23 7:52 AM
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524 (3) When debate on the legislation is complete, the presiding officer shall take the final
525vote on the legislation.
526 Section 27. HR4-4-202 is amended to read:
527 HR4-4-202. Disposition of legislation voted on third reading.
528 (1) Except as provided in Subsection (2), [the chief clerk or the chief clerk's designee]
529the presiding officer shall:
530 (a) for a piece of House legislation passed by the House on third reading but not yet
531acted upon by the Senate, transmit the House legislation to the Senate for its further action;
532 (b) for a piece of House legislation that fails to pass the House on third reading, file the
533legislation;
534 (c) for a piece of House legislation that has passed both houses, [follow] ensure the
535procedures and requirements of JR4-5-101 are followed;
536 (d) for a piece of Senate legislation passed by the House on third reading and not
537amended or substituted in the House, transmit the Senate legislation to the presiding officer of
538the House for the presiding officer's signature and return the legislation to the Senate for the
539signature of the president of the Senate;
540 (e) for a piece of Senate legislation passed by the House on third reading that was
541amended or substituted in the House, transmit the legislation to the Senate with the
542amendments or substitute for further action by the Senate; and
543 (f) for a piece of Senate legislation that fails to pass the House on third reading,
544transmit the legislation to the Senate with notice of the House's action.
545 (2) (a) The [chief clerk shall ensure that the House retains] House shall retain
546possession of a piece of legislation for no more than one legislative day when:
547 (i) a representative gives notice of intention to move for reconsideration to the chief
548clerk or chief of staff;
549 (ii) a representative requests that the chief clerk hold the legislation; or
550 (iii) the House passes a motion to retain possession of the legislation.
551 (b) When a representative moves for reconsideration or requests a hold under
552Subsection (2)(a)(i) or (2)(a)(ii), [the chief clerk] House staff shall give notice of the action to
553the speaker and to the sponsor of the legislation.
554 (c) Notwithstanding the requirements of Subsection (2)(a), a piece of legislation may 02-24-23 7:52 AM H.R. 4
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555be released earlier than 24 hours if the hold is released.
556 Section 28. HR4-4-301 is amended to read:
557 HR4-4-301. Consent calendar.
558 (1) The [chief clerk or the chief clerk's designee] presiding officer shall place
559legislation on the consent calendar if:
560 (a) a standing committee report recommends that the legislation be placed on the
561consent calendar and the standing committee report is adopted by the House; or
562 (b) the legislation is a nonbinding resolution as provided in HR3-2-405.
563 (2) If the chief clerk receives written objections to a piece of legislation from six or
564more representatives, the [chief clerk] presiding officer shall:
565 (a) remove the legislation from the consent calendar;
566 (b) inform the sponsor that the legislation has been removed from the consent calendar;
567and
568 (c) place the legislation at the bottom of the third reading calendar.
569 (3) When legislation is removed from the consent calendar, the presiding officer shall
570inform the House of its removal.
571 (4) (a) If, after two calendar days, no more than five members have registered written
572objections to the legislation with the chief clerk:
573 (i) the legislation shall be read the third time;
574 (ii) the presiding officer shall grant the sponsor of the legislation two minutes to
575introduce and explain the legislation; and
576 (iii) the presiding officer shall pose the question and take the final vote on the
577legislation.
578 (b) The presiding officer may not allow debate on legislation on the consent calendar.
579 (5) (a) If the representative sponsoring the legislation on the consent calendar is absent
580from the floor when the legislation is ready to be read for the third time and considered for
581passage, a representative may make a motion to circle the legislation.
582 (b) If the motion to circle is successful and the representative sponsoring the legislation
583has not moved to uncircle the legislation before floor time is recessed or adjourned, the bill
584shall be placed on the bottom of the third reading calendar.
585 Section 29. HR4-4-501 is amended to read: H.R. 4 02-24-23 7:52 AM
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586 HR4-4-501. Time certain calendar.
587 The [chief clerk or the clerk's designee] presiding officer shall place on the time certain
588calendar legislation or other matters approved by the House for a time certain under:
589 (1) HR1-5-301; or
590 (2) other rules allowing matters to be set for a time certain.
591 Section 30. HR4-6-105.5 is amended to read:
592 HR4-6-105.5. Prohibited references during debate.
593 (1) During debate on the House floor, a representative may not:
594 (a) allude to or discuss what was done or said in committee in relation to the legislation
595under debate, except that a representative may allude to or discuss information contained on a
596House or Senate committee report[.];
597 (b) use a display, exhibit, demonstration, or prop, including an individual who is
598present on the House floor, to illustrate the representative's remarks or to emphasize the
599representative's position; or
600 (c) read from a written, prepared speech.
601 (2) During debate on the House floor, a representative may use notes when delivering a
602speech.
603 Section 31. HR4-7-102 is amended to read:
604 HR4-7-102. Number of votes required for passage.
605 Unless otherwise specified in these rules:
606 (1) each piece of legislation requires a constitutional majority vote -- 38 votes -- to
607pass;
608 (2) amendments to the Utah Constitution, legislation described in Utah Constitution,
609Article VI, Section 25 that is intended to take effect earlier than 60 days after adjournment of
610the session in which it passes, amendments to court rules, and certain motions specified in
611these rules require a constitutional two-thirds vote -- 50 votes -- to pass; and
612 (3) a motion requires a majority vote to pass.
613 Section 32. HR4-7-104 is amended to read:
614 HR4-7-104. Disturbing House staff during voting prohibited.
615 While an electronic vote or roll call vote is being taken, a person may not disturb or
616remain by the desks of [the chief clerk of the House, the docket clerk, the minute clerk, the 02-24-23 7:52 AM H.R. 4
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617voting machine operator, or the public address system operator] House staff conducting or
618helping to conduct the roll call vote.
619 Section 33. HR4-8-104 is amended to read:
620 HR4-8-104. Process for conducting a call of the House.
621 (1) During a call of the House:
622 (a) a representative present in the chamber may not leave the chamber; and
623 (b) the sergeant-at-arms or the sergeant's designees shall close the doors to the House
624chamber.
625 (2) After ordering the call of the House, the presiding officer shall:
626 (a) [in consultation with the chief clerk,] identify any absent representatives; and
627 (b) provide the sergeant-at-arms with the names of those representatives who are
628absent but who have not asked to be excused.
629 (3) The sergeant-at-arms or the sergeant's designees shall:
630 (a) search for the absent representatives;
631 (b) if they are found, escort them to the House chamber; and
632 (c) make a report to the House about the sergeant's efforts.
633 Section 34. HR4-9-101 is amended to read:
634 HR4-9-101. Motion to reconsider.
635 (1) As used in this rule, "legislative day" means a day when the House of
636Representatives convenes in the House chamber and conducts House business.
637 (2) (a) Except as provided in Subsection (3), when a question has been decided on the
638floor of the House, a representative voting with the prevailing side may move for
639reconsideration after intervening business.
640 (b) If the motion to reconsider is to reconsider passage of a piece of legislation, the
641representative making the motion shall include the number and short title of the legislation as
642part of the motion.
643 (c) If a motion for reconsideration is made on the floor of the House after a piece of
644legislation has left the possession of the House, the chief clerk shall request that the legislation
645be returned to the House.
646 (d) The presiding officer shall rule a motion for reconsideration out of order unless the
647motion is made: H.R. 4 02-24-23 7:52 AM
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648 (i) before the 43rd legislative day;
649 (ii) before the House adjourns on the legislative day after the legislative day on which
650the action sought to be reconsidered occurred; and
651 (iii) by a representative who previously served notice to the chief clerk.
652 (3) A representative may not make a motion to reconsider after the 42nd day of the
653annual general session of the Legislature.
654 Section 35. HR4-9-103 is amended to read:
655 HR4-9-103. Rules governing motions to reconsider.
656 (1) A motion to reconsider takes precedence over all other motions and questions,
657except a motion to adjourn.
658 (2) (a) Except as provided in Subsection (2)(b), a motion to reconsider is debatable.
659 (b) A motion to reconsider is nondebatable only if the action it seeks to reconsider is
660nondebatable.
661 (3) When a motion to reconsider is made, the presiding officer shall:
662 (a) allow the proponents a total of five minutes to address the issue;
663 (b) allow the opponents a total of five minutes to address the issue; and
664 (c) allow the proponents one minute to sum up.
665 (4) (a) A motion to reconsider a vote on the final passage of a piece of legislation
666requires approval by a constitutional majority of representatives.
667 (b) Upon adoption of a motion to reconsider and if the legislation is in possession of
668the House, the [chief clerk] presiding officer shall ensure that the legislation is placed at the top
669of the third reading calendar.
670 (c) The House may not reconsider a piece of legislation more than once.
671 Section 36. Coordinating H.R. 4 and H.R. 1 -- Substantive amendments.
672 If this H.R. 4 and H.R. 1, House Rules Resolution - House Committee Security, both
673pass, it is the intent of the Legislature that the Office of Legislative Research and General
674Counsel, in preparing the House Rules for publication, amend HR3-3-101(2)(c) in H.R. 1 to
675read:
676 "(c) recess the meeting without a motion; or".