1st Sub. H.R. 4
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: C.R. Gilbert 6
6 02-26-23 2:17 PM 6
H.R. 4
1st Sub. (Buff)
Representative James A. Dunnigan proposes the following substitute bill:
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:
*HR0004S01* 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
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26AMENDS:
27 HR1-4-201
28 HR1-4-202
29 HR1-5-201
30 HR1-5-202
31 HR1-5-301
32 HR3-1-101
33 HR3-1-102
34 HR3-1-103
35 HR3-2-306
36 HR3-2-310
37 HR3-2-318
38 HR3-2-319
39 HR3-2-401
40 HR3-2-402
41 HR3-2-405
42 HR3-2-406
43 HR3-2-408
44 HR3-2-510
45 HR4-2-201
46 HR4-4-101
47 HR4-4-201
48 HR4-4-202
49 HR4-4-301
50 HR4-4-501
51 HR4-6-105.5
52 HR4-7-102
53 HR4-7-104
54 HR4-8-104
55 HR4-9-101
56 HR4-9-103 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
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57ENACTS:
58 HR1-4-301
59 HR1-4-302
60REPEALS AND REENACTS:
61 HR1-4-101
62 HR1-4-102
63Legislative Rules Affected by Coordination Clause:
64 HR3-3-101
65
66Be it resolved by the House of Representatives of the state of Utah:
67 Section 1. HR1-4-101 is repealed and reenacted to read:
68 Part 1. House Chief of Staff
69 HR1-4-101. Appointment of the House chief of staff.
70 The speaker or speaker-elect of the House shall appoint an individual to serve as chief
71of staff of the House.
72 Section 2. HR1-4-102 is repealed and reenacted to read:
73 HR1-4-102. Duties of the House chief of staff.
74 The chief of staff shall perform duties as assigned by the speaker or speaker-elect.
75 Section 3. HR1-4-201 is amended to read:
76 HR1-4-201. Appointment of sergeant-at-arms.
77 [The speaker or speaker-elect of the House] The chief of staff or the chief of staff's
78designee shall appoint a person to serve as sergeant-at-arms of the Utah House of
79Representatives.
80 Section 4. HR1-4-202 is amended to read:
81 HR1-4-202. Duties of the sergeant-at-arms.
82 [The] Subject to the chief of staff's or the chief of staff's designee's direction, the
83sergeant-at-arms and the employees under the sergeant's direction shall:
84 (1) maintain security in areas controlled by the House;
85 (2) enforce the House Rules [at the direction of the presiding officer of the House];
86 (3) enforce the [provision] provisions of Utah Code Title 26, Chapter 38, Utah Indoor
87Clean Air Act, in areas controlled by the House; 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
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88 (4) when the House is convened in annual general session or special session, receive
89and, in coordination with [the chief clerk] House staff, transmit written messages to
90representatives on the House floor from or on behalf of individuals who are present at the
91capitol; and
92 (5) provide other service as requested by the [chief clerk] chief of staff or the speaker.
93 Section 5. HR1-4-301 is enacted to read:
94 Part 3. Chief Clerk of the House
95 HR1-4-301. Appointment of the chief clerk.
96 (1) The speaker or speaker-elect of the House shall appoint an individual to serve as
97chief clerk of the House.
98 (2) The chief clerk reports to the chief of staff.
99 Section 6. HR1-4-302 is enacted to read:
100 HR1-4-302. Duties of the chief clerk.
101The chief clerk shall perform the following duties:
102 (1) certify and transmit legislation to the Senate and inform the Senate of all House
103action;
104 (2) assist in the preparation of the House Journal and certify it as an accurate reflection
105of House action;
106 (3) make the following technical corrections to legislation either before or following
107final passage:
108 (a) correct the spelling of words;
109 (b) correct the erroneous division and hyphenation of words;
110 (c) correct mistakes in numbering sections and their references;
111 (d) capitalize words or change capitalized words to lower case;
112 (e) change numbers from words to figures or from figures to words; or
113 (f) underscore or remove underscoring in legislation without a motion to amend;
114 (4) modify the long title of a piece of legislation to ensure that the long title accurately
115reflects any changes to the legislation made by amendment or substitute;
116 (5) act as custodian of all official documents related to legislation;
117 (6) receive all numbered legislation from the Office of Legislative Research and
118General Counsel; 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
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119 (7) record the number, title, sponsor, each action, and final disposition of each piece of
120legislation on the legislation;
121 (8) prepare and distribute the daily order of business each day;
122 (9) advise the speaker on parliamentary procedure, Joint Rules, and House Rules;
123 (10) assist with amendments to legislation;
124 (11) record votes and, if requested, present the results to the speaker;
125 (12) record the votes of any member who is present in the House chamber who
126requests assistance of the chief clerk;
127 (13) transmit all enrolled House bills and House concurrent resolutions to the
128governor;
129 (14) approve material for placement on the representatives' desks if a representative has
130authorized that distribution;
131 (15) maintain all calendars for the House floor; and
132 (16) other duties as assigned by the chief of staff.
133 Section 7. HR1-5-201 is amended to read:
134 HR1-5-201. Scheduling guest speakers.
135 (1) As used in this rule:
136 (a) "Guest speaker" means a person who is scheduled to address the House of
137Representatives who is not a representative.
138 (b) "Guest speaker" does not include:
139 (i) a person who is called to address the House on a particular piece of legislation or
140issue under consideration by the House; or
141 (ii) a representative's introduction or acknowledgment of a visitor or special guest who
142does not address the House.
143 (2) Before a guest speaker may address the House, the [chief clerk, under the direction
144of the speaker,] speaker must schedule the guest speaker for a time certain on the House daily
145order of business.
146 Section 8. HR1-5-202 is amended to read:
147 HR1-5-202. Executive session.
148 (1) The House of Representatives shall comply with the requirements of Utah Code
149Title 52, Chapter 4, Open and Public Meetings Act, when holding an executive session. 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
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150 (2) When the House of Representatives approves a motion to go into executive session,
151the sergeant-at-arms shall close the House chamber doors.
152 (3) The presiding officer may require that all persons, except the representatives[, chief
153clerk, journal clerk, and sergeant-at-arms] and specified staff leave the chamber, halls, gallery,
154and lounge.
155 (4) During the executive session, everyone present must remain within the chamber.
156 (5) Everyone present shall keep all matters discussed in executive session confidential.
157 (6) During the executive session, those within the chamber may not communicate with
158anyone outside the chamber by verbal, written, electronic, or any other means.
159 Section 9. HR1-5-301 is amended to read:
160 HR1-5-301. Special order of business -- Time certain.
161 (1) (a) Except as provided in Subsection (2), a representative may make a motion, or
162the House Rules committee may recommend, that a piece of legislation become a special order
163of business on the time certain calendar.
164 (b) If the motion is approved by a majority of the members present, the [chief clerk]
165presiding officer shall place the legislation on the time certain calendar.
166 (2) A motion to place a piece of legislation as a special order of business on the time
167certain calendar may not be made if the legislation has not yet been placed on the third reading
168calendar or the consent calendar.
169 (3) At the time set for consideration of the legislation, the presiding officer shall place
170the legislation before the House.
171 Section 10. HR3-1-101 is amended to read:
172 HR3-1-101. House Rules Committee -- Appointment -- General responsibilities.
173 (1) The speaker shall appoint members of the House of Representatives to serve on the
174House Rules Committee.
175 (2) The House Rules Committee shall perform the following functions as further
176elaborated in this part:
177 (a) receive introduced legislation from the House and recommend that the legislation
178be assigned to a House standing committee or to the House third reading calendar;
179 (b) receive legislation from the House that has been sent back to the House Rules
180Committee from the third reading calendar, and recommend to the House which legislation 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
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181should be assigned to the third reading calendar and the order in which it should be heard; and
182 (c) function as a standing committee or interim committee when reviewing Joint Rules,
183[Interim Rules,] House Rules, or other legislation.
184 Section 11. HR3-1-102 is amended to read:
185 HR3-1-102. House Rules Committee -- Assignment duties.
186 (1) The presiding officer shall submit all legislation introduced in the House of
187Representatives to the House Rules Committee.
188 (2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
189Committee, the committee shall examine the legislation [referred to it] for proper form,
190including fiscal note and committee note, if any, and either:
191 (a) refer the legislation to the House with a recommendation that the legislation be:
192 (i) referred to a standing committee for consideration; or
193 (ii) read the second time and placed on the third reading calendar if the legislation:
194 (A) has received a favorable recommendation from a House standing committee;
195 (B) is exempted from the House standing committee review requirements under
196HR3-2-401; or
197 (C) has received a favorable recommendation from the House Rules Committee
198meeting as a standing committee as permitted under HR3-1-101; or
199 [(D) was approved by a unanimous vote of the members present at an interim
200committee meeting and met the posting requirements of JR7-1-602.5; or]
201 (b) hold the legislation.
202 [(3) If the chair of the House Rules Committee receives a summary report from the
203Occupational and Professional Licensure Review Committee related to newly regulating an
204occupation or profession within the two calendar years immediately preceding the session in
205which a piece of legislation is introduced related to the regulation by the Division of
206Occupational and Professional Licensing of that occupation or profession:]
207 [(a) the chair of the House Rules Committee shall ensure that the House Rules
208Committee is informed of the summary report before the House Rules Committee takes action
209on the legislation; and]
210 [(b) if the House Rules Committee refers the legislation to the House as provided for in
211Subsection (2)(a):] 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
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212 [(i) the Office of Legislative Research and General Counsel shall make the summary
213report reasonably available to the public and to legislators; and]
214 [(ii) if the legislation is referred to a standing committee, the House Rules Committee
215shall forward the summary report to the standing committee.]
216 [(4)] (3) In carrying out the House Rules Committee's functions and responsibilities
217under this rule, the committee may not:
218 (a) table legislation without the written consent of the sponsor;
219 (b) report out any legislation that has been tabled by a standing committee;
220 (c) amend legislation without the written consent of the sponsor; or
221 (d) substitute legislation without the written consent of the sponsor.
222 [(5)] (4) The House Rules Committee may recommend a time certain for floor
223consideration of any legislation when [it] the legislation is reported out of the House Rules
224Committee, or at any other time.
225 [(6)] (5) When the House Rules Committee is carrying out the committee's functions
226and responsibilities under this rule, the committee shall:
227 (a) when the Legislature is in session, give notice of the committee's meetings
228according to the requirements of HR3-1-106;
229 (b) when the Legislature is not in session, post a notice of meeting at least 24 hours
230before the meeting convenes;
231 (c) have as the committee's agenda all legislation in the committee's possession for
232assignment to committee or to the House calendars; and
233 (d) prepare minutes that include a record, by individual representative, of votes taken.
234 [(7)] (6) House Rules Committee meetings are open to the public, but comments and
235discussion are limited to members of the committee and the committee's staff.
236 Section 12. HR3-1-103 is amended to read:
237 HR3-1-103. House Rules Committee -- Standing and interim committee duties.
238 (1) The House Rules Committee has all the powers, functions, and duties of a standing
239committee or interim committee when it reviews proposed House Rules, [Interim Rules,] Joint
240Rules resolutions, or other legislation.
241 (2) Any rules resolutions or legislation reviewed and approved by the House Rules
242Committee may be reported directly to the House for [its approval, amendment, or disapproval] 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
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243consideration.
244 (3) When meeting as a standing committee or interim committee under this rule,
245[persons] individuals other than committee members may address the committee at the
246discretion of the chair.
247 (4) When meeting as a standing committee or interim committee under this rule, the
248House Rules Committee shall comply with the provisions of Utah Code Title 52, Chapter 4,
249Open and Public Meetings Act.
250 Section 13. HR3-2-306 is amended to read:
251 HR3-2-306. Sponsor presentation.
252 (1) (a) Except as provided in Subsection (2), during the presentation phase, a
253committee member may not amend legislation, substitute legislation, or dispose of legislation.
254 (b) All other motions are in order during the presentation phase.
255 (2) During the presentation phase of a committee meeting, the chair may accept a
256[simple] motion to amend legislation if the chair permits:
257 (a) committee questions and debate;
258 (b) public comment as provided in HR3-2-308;
259 (c) the sponsor of the legislation affected by the amendment to respond to the motion
260to amend; and
261 (d) the committee member who made the motion to amend to have the final word on
262the motion as required under HR3-2-313.
263 (3) During the presentation phase of a standing committee meeting, the chair shall:
264 (a) permit the legislative sponsor to present the sponsor's legislation; and
265 (b) except as provided in Subsection (4), and at the election of the legislative sponsor,
266permit [persons] individuals who have expertise on the legislation to assist with the
267presentation as provided in HR3-2-304.
268 (4) The chair may not permit a legislative intern or a legislative aide to present
269legislation.
270 Section 14. HR3-2-310 is amended to read:
271 HR3-2-310. Chair to preserve order -- Powers to preserve order.
272 (1) The chair shall preserve order and decorum during standing committee meetings
273by: 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
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274 (a) controlling outbursts and demonstrations; and
275 (b) ensuring that committee members, presenters, witnesses, and visitors act in a
276dignified and respectful manner.
277 (2) To preserve order, the chair may:
278 (a) clear the committee room of any person who engages in disorderly conduct;
279 (b) recess a standing committee meeting without a motion; or
280 (c) request assistance from:
281 (i) the sergeant-at-arms; or
282 (ii) the Utah Highway Patrol.
283 Section 15. HR3-2-318 is amended to read:
284 HR3-2-318. Chair to send standing committee reports to the House.
285 (1) When a standing committee approves a motion to dispose of legislation under the
286requirements of HR3-2-408 or HR3-2-403, the chair shall, no later than the next legislative
287day, submit to the chief clerk of the House:
288 (a) the official version of the legislation; and
289 (b) a committee report, signed by the chair, describing the committee's action.
290 (2) (a) A committee member who dissents from a motion to dispose of legislation may
291request to be listed by name on the committee report.
292 (b) If a committee member requests to be listed by name on a committee report, the
293committee report shall include the name of the committee member.
294 (3) If, for any reason, the chair does not submit a committee report to the chief clerk of
295the House as required in Subsection (1), the chief clerk of the House shall ensure that the
296official version of the legislation and the committee report are submitted before the end of the
297second legislative day after the [legislation was acted on by a standing committee] committee
298disposed of the legislation.
299 Section 16. HR3-2-319 is amended to read:
300 HR3-2-319. Chair to ensure integrity of minutes -- Retention of minutes.
301 (1) The chair shall:
302 (a) ensure that a secretary takes minutes of standing committee meetings;
303 (b) present the minutes to the committee for approval; and
304 (c) send the approved minutes to [the office of the chief clerk of] the House. 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
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305 [(2) The chief clerk of the House shall retain committee minutes for three years.]
306 [(3)] (2) The chair shall ensure that committee minutes comply with the requirements
307of Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
308 [(4) The chair shall ensure that committee minutes include:]
309 [(a) the date, time, and place of each committee meeting;]
310 [(b) a list of committee members present;]
311 [(c) each motion made;]
312 [(d) the vote on each motion;]
313 [(e) points of order; and]
314 [(f) the outcome of each appeal of the decision of the chair.]
315 Section 17. HR3-2-401 is amended to read:
316 HR3-2-401. Standing committee review required -- Exceptions.
317 (1) Except as provided in Subsection (2), the House of Representatives may not pass a
318bill, joint resolution, or concurrent resolution during the annual general session unless a House
319standing committee has given a favorable recommendation to the legislation.
320 (2) Subsection (1) does not apply to:
321 (a) a resolution regarding legislative rules or legislative personnel;
322 (b) legislation that [has been approved by a unanimous vote of the members present at
323an interim committee meeting] is a committee bill as defined in JR7-1-101 that:
324 (i) received its favorable recommendation by a unanimous vote of the members present
325at the authorized legislative committee; and
326 (ii) satisfied the posting requirements described in JR7-1-602.5;
327 (c) the revisor's statute; or
328 (d) if the legislation was reviewed and approved by the Executive Appropriations
329Committee, legislation that:
330 (i) exclusively appropriates money;
331 (ii) amends Utah Code Title 53F, Chapter 2, State Funding -- Minimum School
332Program;
333 (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
334 (iv) authorizes the issuance of general obligation or revenue bonds.
335 Section 18. HR3-2-402 is amended to read: 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
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336 HR3-2-402. Standing committee review of legislation with a fiscal impact.
337 (1) (a) A standing committee may not review legislation unless the legislation has an
338approved fiscal note.
339 (b) Notwithstanding Subsection (1)(a), a standing committee may consider a substitute
340not previously adopted, regardless of whether the substitute has an approved fiscal note.
341 (2) Except as provided in HR3-2-401, a standing committee in one or both houses shall
342review legislation before the legislation is held in the opposite house because of its fiscal
343impact.
344 Section 19. HR3-2-405 is amended to read:
345 HR3-2-405. Consent calendar -- Nonbinding resolutions -- Committee
346recommendations .
347 (1) As used in this rule, "nonbinding resolution":
348 (a) means a resolution that:
349 (i) is primarily for the purpose of recognizing, honoring, or memorializing an
350individual, group, or event;
351 (ii) requests, rather than compels, action or awareness by an individual or group; or
352 (iii) is informational or promotional in nature; and
353 (b) does not mean:
354 (i) a rules resolution;
355 (ii) a resolution for a constitutional amendment; or
356 (iii) any resolution that approves or authorizes any action, requires any substantive
357action to be taken, or results in a change in law, policy, or funding.
358 (2) (a) A nonbinding resolution shall be placed on the consent calendar.
359 (b) A nonbinding resolution may be moved to the time certain calendar or other
360calendar by a majority vote of those present.
361 (3) A standing committee may recommend that legislation in the standing committee's
362possession be placed on the consent calendar if:
363 (a) the committee approves a motion, by a unanimous vote of those present, to give the
364legislation a favorable recommendation; and
365 (b) immediately subsequent to that action, the committee approves a separate motion,
366by a unanimous vote of those present, to recommend that the legislation be placed on the 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
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367consent calendar[; and].
368 [(c) the legislation has a fiscal note that is less than $10,000.]
369 [(4) If, in accordance with HR3-1-102, the House Rules Committee forwards a
370summary report from the Occupational and Professional Licensure Review Committee in
371conjunction with legislation referred to a standing committee, the chair shall ensure that the
372summary report is read orally to the committee before action is taken by the committee on the
373legislation that is related to the summary report.]
374 Section 20. HR3-2-406 is amended to read:
375 HR3-2-406. Amending legislation -- Verbal amendments -- Amendments must be
376germane.
377 (1) (a) Subject to Subsection (2) and HR3-2-306, and if recognized by the chair during
378the [sponsor] presentation phase or the committee action phase, a committee member may
379make a motion to amend the legislation that is under consideration.
380 (b) (i) A committee member may propose a verbal amendment to the legislation under
381consideration if the amendment contains 15 or fewer words.
382 (ii) Unless the amendment contains 15 or fewer words, before proposing a motion to
383amend, a committee member shall ensure that a copy of the proposed amendment is available
384online.
385 (iii) Each word inserted shall count as one of the 15 words permitted under a verbal
386amendment, except that:
387 (A) numbering shall not be counted as a word;
388 (B) instructions to delete a word or words shall not count as a word; and
389 (C) a word or an exact phrase that is inserted in multiple locations shall only be
390counted for the first insertion.
391 (2) (a) A committee member may only make a motion to amend that is germane to the
392subject of the legislation under consideration.
393 (b) A committee member who believes that an amendment is not germane to the
394subject of the legislation may make a point of order or appeal as described in HR3-2-506.
395 Section 21. HR3-2-408 is amended to read:
396 HR3-2-408. Legislation tabled in a standing committee -- Requirements.
397 (1) If legislation is tabled, the chair shall list the tabled legislation on the committee 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
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398agenda for the next committee meeting.
399 (2) At the next committee meeting, the committee may, by a two-thirds vote, lift the
400tabled legislation from the table.
401 (3) If a motion to lift tabled legislation is successful, the standing committee may make
402any motion on the legislation that is authorized under this chapter.
403 (4) (a) If legislation is tabled by a committee and the legislation is not lifted from the
404table at the committee's next meeting, the committee chair shall submit a committee report to
405the chief clerk of the House informing the House that the legislation was tabled.
406 (b) After reading the committee report on the tabled legislation, the [chief clerk of the
407House] presiding officer shall send the tabled legislation to the House Rules Committee for
408filing.
409 (5) After tabled legislation is sent to the House Rules Committee for filing, a
410representative may not make a motion to:
411 (a) lift the tabled legislation from the House Rules Committee and place it on the third
412reading calendar; or
413 (b) lift the tabled legislation from the House Rules Committee and refer it to a standing
414committee for consideration.
415 Section 22. HR3-2-510 is amended to read:
416 HR3-2-510. Prohibited motions.
417 (1) (a) Except for a motion to adjourn or a motion to recess, a committee member may
418not make a motion unless a quorum of the standing committee is present.
419 (b) When a quorum is not present, a motion to adjourn or a motion to recess is passed
420with a majority vote of those present.
421 (2) No motion is in order during a vote.
422 (3) A point of order is not in order during a vote.
423 (4) A committee member may not make a motion to:
424 (a) strike the enacting clause of legislation;
425 (b) strike the resolving clause of a resolution;
426 (c) circle legislation;
427 (d) place legislation on a time certain calendar;
428 (e) postpone legislation to a day certain; or 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
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429 (f) postpone legislation indefinitely.
430 Section 23. HR4-2-201 is amended to read:
431 HR4-2-201. Point of order.
432 (1) (a) If a representative believes that there has been a breach of order, a breach of
433rules, or a breach of established parliamentary practice, the representative may rise and,
434without being recognized, state: "point of order."
435 (b) When a representative raises a point of order:
436 (i) the presiding officer shall interrupt the proceedings;
437 (ii) the representative who has the floor shall yield the floor; and
438 (iii) the presiding officer shall ask the representative raising the point of order to "state
439your point."
440 (c) When the presiding officer responds "state your point," the representative shall
441briefly explain the alleged breach to the body, citing to appropriate authority if possible.
442 (2) (a) The presiding officer may:
443 (i) speak to points of order in preference to other representatives rising for that
444purpose;
445 (ii) rule on the point of order immediately;
446 (iii) consult with [the chief clerk] staff, the parliamentarian, or both before ruling on
447the point of order; or
448 (iv) suggest that the House recess until the presiding officer can research and rule on
449the point of order.
450 (b) (i) Although points of order are generally decided without debate, the presiding
451officer may submit the point of order to the House for decision in doubtful cases.
452 (ii) If submitted to the House for decision, a presiding officer shall allow debate or
453discussion on the point of order by recognizing members of the House who wish to speak to the
454point of order.
455 (iii) A decision by the House deciding a point of order is not subject to appeal.
456 (3) When the presiding officer rules on the point of order, any representative who
457disagrees with the presiding officer's decision may appeal that decision to the House by
458following the procedures and requirements of HR4-2-202.
459 Section 24. HR4-4-101 is amended to read: 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
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460 HR4-4-101. Committee reports -- Second reading calendar.
461 (1) [The chief clerk of the House or the chief clerk's designee] House staff shall:
462 (a) read to the House each standing committee report submitted to the House; and
463 (b) read the legislation by title unless the House suspends this requirement by a
464two-thirds vote.
465 (2) (a) If the House passes a motion to adopt the committee report, the amendments
466and substitutes adopted by the committee and identified on the committee report become
467legally part of the legislation.
468 (b) If a motion to adopt the committee report fails, the [chief clerk] presiding officer
469shall return the legislation to the House Rules Committee.
470 (3) A majority vote of the House is required to:
471 (a) approve a motion to adopt the committee report; and
472 (b) pass the legislation on second reading to the third reading or consent calendar.
473 (4) The placement of a piece of legislation on a House reading calendar is the second
474reading of that legislation.
475 Section 25. HR4-4-201 is amended to read:
476 HR4-4-201. Third reading calendar -- Procedures.
477 (1) (a) For the third reading on a piece of legislation, [the chief clerk of the House or
478the chief clerk's designee] House staff shall read the legislation by title unless the House
479suspends this requirement by a two-thirds vote.
480 (b) (i) After reading the title of the legislation, [the chief clerk or the chief clerk's
481designee] House staff shall identify the House standing committee that reviewed the legislation
482and the vote in that committee.
483 (ii) If the legislation has not been reviewed by a House standing committee, [the chief
484clerk or the chief clerk's designee] House staff shall announce that the legislation was not
485reviewed by a House standing committee.
486 (2) When [the chief clerk or the chief clerk's designee] House staff has completed the
487third reading of the legislation, the legislation is before the House for debate.
488 (3) When debate on the legislation is complete, the presiding officer shall take the final
489vote on the legislation.
490 Section 26. HR4-4-202 is amended to read: 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
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491 HR4-4-202. Disposition of legislation voted on third reading.
492 (1) Except as provided in Subsection (2), the chief clerk or the chief clerk's designee
493shall:
494 (a) for a piece of House legislation passed by the House on third reading but not yet
495acted upon by the Senate, transmit the House legislation to the Senate for its further action;
496 (b) for a piece of House legislation that fails to pass the House on third reading, file the
497legislation;
498 (c) for a piece of House legislation that has passed both houses, follow the procedures
499and requirements of JR4-5-101;
500 (d) for a piece of Senate legislation passed by the House on third reading and not
501amended or substituted in the House, transmit the Senate legislation to the presiding officer of
502the House for the presiding officer's signature and return the legislation to the Senate for the
503signature of the president of the Senate;
504 (e) for a piece of Senate legislation passed by the House on third reading that was
505amended or substituted in the House, transmit the legislation to the Senate with the
506amendments or substitute for further action by the Senate; and
507 (f) for a piece of Senate legislation that fails to pass the House on third reading,
508transmit the legislation to the Senate with notice of the House's action.
509 (2) (a) The chief clerk shall ensure that the House retains possession of a piece of
510legislation for no more than one legislative day when:
511 (i) a representative gives notice of intention to move for reconsideration to the chief
512clerk or the presiding officer;
513 (ii) a representative requests that the chief clerk hold the legislation; or
514 (iii) the House passes a motion to retain possession of the legislation.
515 (b) When a representative moves for reconsideration or requests a hold under
516Subsection (2)(a)(i) or (2)(a)(ii), the chief clerk shall give notice of the action to the speaker
517and to the sponsor of the legislation.
518 (c) Notwithstanding the requirements of Subsection (2)(a), a piece of legislation may
519be released earlier than 24 hours if the hold is released.
520 Section 27. HR4-4-301 is amended to read:
521 HR4-4-301. Consent calendar. 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
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522 (1) The [chief clerk or the chief clerk's designee] presiding officer shall place
523legislation on the consent calendar if:
524 (a) a standing committee report recommends that the legislation be placed on the
525consent calendar and the standing committee report is adopted by the House; or
526 (b) the legislation is a nonbinding resolution as provided in HR3-2-405.
527 (2) If the chief clerk receives written objections to a piece of legislation from six or
528more representatives, the chief clerk shall:
529 (a) remove the legislation from the consent calendar;
530 (b) inform the sponsor that the legislation has been removed from the consent calendar;
531and
532 (c) place the legislation at the bottom of the third reading calendar.
533 (3) When legislation is removed from the consent calendar, the presiding officer shall
534inform the House of its removal.
535 (4) (a) If, after two calendar days, no more than five members have registered written
536objections to the legislation with the chief clerk:
537 (i) the legislation shall be read the third time;
538 (ii) the presiding officer shall grant the sponsor of the legislation two minutes to
539introduce and explain the legislation; and
540 (iii) the presiding officer shall pose the question and take the final vote on the
541legislation.
542 (b) The presiding officer may not allow debate on legislation on the consent calendar.
543 (5) (a) If the representative sponsoring the legislation on the consent calendar is absent
544from the floor when the legislation is ready to be read for the third time and considered for
545passage, a representative may make a motion to circle the legislation.
546 (b) If the motion to circle is successful and the representative sponsoring the legislation
547has not moved to uncircle the legislation before floor time is recessed or adjourned, the bill
548shall be placed on the bottom of the third reading calendar.
549 Section 28. HR4-4-501 is amended to read:
550 HR4-4-501. Time certain calendar.
551 The [chief clerk or the clerk's designee] presiding officer shall place on the time certain
552calendar legislation or other matters approved by the House for a time certain under: 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
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553 (1) HR1-5-301; or
554 (2) other rules allowing matters to be set for a time certain.
555 Section 29. HR4-6-105.5 is amended to read:
556 HR4-6-105.5. Prohibited references during debate.
557 (1) During debate on the House floor, a representative may not:
558 (a) allude to or discuss what was done or said in committee in relation to the legislation
559under debate, except that a representative may allude to or discuss information contained on a
560House or Senate committee report[.];
561 (b) use a display, exhibit, demonstration, or prop, including an individual who is
562present on the House floor, to illustrate the representative's remarks or to emphasize the
563representative's position; or
564 (c) read from a written, prepared speech.
565 (2) During debate on the House floor, a representative may use notes when delivering a
566speech.
567 (3) Nothing in this rule affects a representative's ability to seek approval in accordance
568with HR1-4-302(14) to have material placed on the representatives' desks.
569 Section 30. HR4-7-102 is amended to read:
570 HR4-7-102. Number of votes required for passage.
571 Unless otherwise specified in these rules:
572 (1) each piece of legislation requires a constitutional majority vote -- 38 votes -- to
573pass;
574 (2) amendments to the Utah Constitution, legislation described in Utah Constitution,
575Article VI, Section 25 that is intended to take effect earlier than 60 days after adjournment of
576the session in which it passes, amendments to court rules, and certain motions specified in
577these rules require a constitutional two-thirds vote -- 50 votes -- to pass; and
578 (3) a motion requires a majority vote to pass.
579 Section 31. HR4-7-104 is amended to read:
580 HR4-7-104. Disturbing House staff during voting prohibited.
581 While an electronic vote or roll call vote is being taken, a person may not disturb or
582remain by the desks of [the chief clerk of the House, the docket clerk, the minute clerk, the
583voting machine operator, or the public address system operator] House staff conducting or 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
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584helping to conduct the roll call vote.
585 Section 32. HR4-8-104 is amended to read:
586 HR4-8-104. Process for conducting a call of the House.
587 (1) During a call of the House:
588 (a) a representative present in the chamber may not leave the chamber; and
589 (b) the sergeant-at-arms or the sergeant's designees shall close the doors to the House
590chamber.
591 (2) After ordering the call of the House, the presiding officer shall:
592 (a) [in consultation with the chief clerk,] identify any absent representatives; and
593 (b) provide the sergeant-at-arms with the names of those representatives who are
594absent but who have not asked to be excused.
595 (3) The sergeant-at-arms or the sergeant's designees shall:
596 (a) search for the absent representatives;
597 (b) if they are found, escort them to the House chamber; and
598 (c) make a report to the House about the sergeant's efforts.
599 Section 33. HR4-9-101 is amended to read:
600 HR4-9-101. Motion to reconsider.
601 (1) As used in this rule, "legislative day" means a day when the House of
602Representatives convenes in the House chamber and conducts House business.
603 (2) (a) Except as provided in Subsection (3), when a question has been decided on the
604floor of the House, a representative voting with the prevailing side may move for
605reconsideration after intervening business.
606 (b) If the motion to reconsider is to reconsider passage of a piece of legislation, the
607representative making the motion shall include the number and short title of the legislation as
608part of the motion.
609 (c) If a motion for reconsideration is made on the floor of the House after a piece of
610legislation has left the possession of the House, the chief clerk shall request that the legislation
611be returned to the House.
612 (d) The presiding officer shall rule a motion for reconsideration out of order unless the
613motion is made:
614 (i) before the 43rd legislative day; 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
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615 (ii) before the House adjourns on the legislative day after the legislative day on which
616the action sought to be reconsidered occurred; and
617 (iii) by a representative who previously served notice to the chief clerk or the presiding
618officer.
619 (3) A representative may not make a motion to reconsider after the 42nd day of the
620annual general session of the Legislature.
621 Section 34. HR4-9-103 is amended to read:
622 HR4-9-103. Rules governing motions to reconsider.
623 (1) A motion to reconsider takes precedence over all other motions and questions,
624except a motion to adjourn.
625 (2) (a) Except as provided in Subsection (2)(b), a motion to reconsider is debatable.
626 (b) A motion to reconsider is nondebatable only if the action it seeks to reconsider is
627nondebatable.
628 (3) When a motion to reconsider is made, the presiding officer shall:
629 (a) allow the proponents a total of five minutes to address the issue;
630 (b) allow the opponents a total of five minutes to address the issue; and
631 (c) allow the proponents one minute to sum up.
632 (4) (a) A motion to reconsider a vote on the final passage of a piece of legislation
633requires approval by a constitutional majority of representatives.
634 (b) Upon adoption of a motion to reconsider and if the legislation is in possession of
635the House, the [chief clerk] presiding officer shall ensure that the legislation is placed at the top
636of the third reading calendar.
637 (c) The House may not reconsider a piece of legislation more than once.
638 Section 35. Coordinating H.R. 4 and H.R. 1 -- Substantive amendments.
639 If this H.R. 4 and H.R. 1, House Rules Resolution - House Committee Security, both
640pass, it is the intent of the Legislature that the Office of Legislative Research and General
641Counsel, in preparing the House Rules for publication, amend HR3-3-101(2)(c) in H.R. 1 to
642read:
643 "(c) recess the meeting without a motion; or".