Utah 2023 Regular Session

Utah House Bill HR0004 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.R. 4
	1	+	1st Sub. H.R. 4
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: C.R. Gilbert 6
	4	+	6 02-26-23 2:17 PM 6
	5	+	H.R. 4
	6	+	1st Sub. (Buff)
	7	+	Representative James A. Dunnigan proposes the following substitute bill:
2	8		1 HOUSE RULES RESOLUTION - AMENDMENTS TO HOUSE
3	9		2 RULES
4	10		3 2023 GENERAL SESSION
5	11		4 STATE OF UTAH
6	12		5 Chief Sponsor: James A. Dunnigan
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This resolution modifies legislative rules governing the House of Representatives.
11	17		10Highlighted Provisions:
12	18		11 This resolution:
13	19		12 <modifies references to members of House staff;
14	20		13 <prohibits a standing committee from reviewing legislation without an approved
15	21		14fiscal note;
16	22		15 <amends the circumstances under which a standing committee may recommend
17	23		16legislation be placed on the consent calendar;
18	24		17 <allows a standing committee member to make a motion to recess without a quorum
19	25		18present;
20	26		19 <prohibits a representative from reading a written speech or using a display, exhibit,
21	27		20demonstration, or prop during debate on the House floor; and
22	28		21 <makes corrections to House rules, including eliminating obsolete language and
23	29		22clarifying existing requirements.
24	30		23Special Clauses:
25	31		24 This resolution provides a coordination clause.
26	32		25Legislative Rules Affected:
	33	+	HR0004S01 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
	34	+	- 2 -
27	35		26AMENDS:
28	36		27 HR1-4-201
29	37		28 HR1-4-202
30		-	29 HR1-5-201 H.R. 4 Enrolled Copy
31		-	- 2 -
	38	+	29 HR1-5-201
32	39		30 HR1-5-202
33	40		31 HR1-5-301
34	41		32 HR3-1-101
35	42		33 HR3-1-102
36	43		34 HR3-1-103
37	44		35 HR3-2-306
38	45		36 HR3-2-310
39	46		37 HR3-2-318
40	47		38 HR3-2-319
41	48		39 HR3-2-401
42	49		40 HR3-2-402
43	50		41 HR3-2-405
44	51		42 HR3-2-406
45	52		43 HR3-2-408
46	53		44 HR3-2-510
47	54		45 HR4-2-201
48	55		46 HR4-4-101
49	56		47 HR4-4-201
50	57		48 HR4-4-202
51	58		49 HR4-4-301
52	59		50 HR4-4-501
53	60		51 HR4-6-105.5
54	61		52 HR4-7-102
55	62		53 HR4-7-104
56	63		54 HR4-8-104
57	64		55 HR4-9-101
58		-	56 HR4-9-103
59		-	57ENACTS: Enrolled Copy H.R. 4
	65	+	56 HR4-9-103 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
60	66		- 3 -
	67	+	57ENACTS:
61	68		58 HR1-4-301
62	69		59 HR1-4-302
63	70		60REPEALS AND REENACTS:
64	71		61 HR1-4-101
65	72		62 HR1-4-102
66	73		63Legislative Rules Affected by Coordination Clause:
67	74		64 HR3-3-101
68	75		65
69	76		66Be it resolved by the House of Representatives of the state of Utah:
70	77		67 Section 1. HR1-4-101 is repealed and reenacted to read:
71	78		68 Part 1. House Chief of Staff
72	79		69 HR1-4-101. Appointment of the House chief of staff.
73	80		70 The speaker or speaker-elect of the House shall appoint an individual to serve as chief
74	81		71of staff of the House.
75	82		72 Section 2. HR1-4-102 is repealed and reenacted to read:
76	83		73 HR1-4-102. Duties of the House chief of staff.
77	84		74 The chief of staff shall perform duties as assigned by the speaker or speaker-elect.
78	85		75 Section 3. HR1-4-201 is amended to read:
79	86		76 HR1-4-201. Appointment of sergeant-at-arms.
80	87		77 [The speaker or speaker-elect of the House] The chief of staff or the chief of staff's
81	88		78designee shall appoint a person to serve as sergeant-at-arms of the Utah House of
82	89		79Representatives.
83	90		80 Section 4. HR1-4-202 is amended to read:
84	91		81 HR1-4-202. Duties of the sergeant-at-arms.
85	92		82 [The] Subject to the chief of staff's or the chief of staff's designee's direction, the
86	93		83sergeant-at-arms and the employees under the sergeant's direction shall:
87	94		84 (1) maintain security in areas controlled by the House;
88		-	85 (2) enforce the House Rules [at the direction of the presiding officer of the House]; H.R. 4 Enrolled Copy
	95	+	85 (2) enforce the House Rules [at the direction of the presiding officer of the House];
	96	+	86 (3) enforce the [provision] provisions of Utah Code Title 26, Chapter 38, Utah Indoor
	97	+	87Clean Air Act, in areas controlled by the House; 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
89	98		- 4 -
90		-	86 (3) enforce the [provision] provisions of Utah Code Title 26, Chapter 38, Utah Indoor
91		-	87Clean Air Act, in areas controlled by the House;
92	99		88 (4) when the House is convened in annual general session or special session, receive
93	100		89and, in coordination with [the chief clerk] House staff, transmit written messages to
94	101		90representatives on the House floor from or on behalf of individuals who are present at the
95	102		91capitol; and
96	103		92 (5) provide other service as requested by the [chief clerk] chief of staff or the speaker.
97	104		93 Section 5. HR1-4-301 is enacted to read:
98	105		94 Part 3. Chief Clerk of the House
99	106		95 HR1-4-301. Appointment of the chief clerk.
100	107		96 (1) The speaker or speaker-elect of the House shall appoint an individual to serve as
101	108		97chief clerk of the House.
102	109		98 (2) The chief clerk reports to the chief of staff.
103	110		99 Section 6. HR1-4-302 is enacted to read:
104	111		100 HR1-4-302. Duties of the chief clerk.
105	112		101The chief clerk shall perform the following duties:
106	113		102 (1) certify and transmit legislation to the Senate and inform the Senate of all House
107	114		103action;
108	115		104 (2) assist in the preparation of the House Journal and certify it as an accurate reflection
109	116		105of House action;
110	117		106 (3) make the following technical corrections to legislation either before or following
111	118		107final passage:
112	119		108 (a) correct the spelling of words;
113	120		109 (b) correct the erroneous division and hyphenation of words;
114	121		110 (c) correct mistakes in numbering sections and their references;
115	122		111 (d) capitalize words or change capitalized words to lower case;
116	123		112 (e) change numbers from words to figures or from figures to words; or
117		-	113 (f) underscore or remove underscoring in legislation without a motion to amend; Enrolled Copy H.R. 4
118		-	- 5 -
	124	+	113 (f) underscore or remove underscoring in legislation without a motion to amend;
119	125		114 (4) modify the long title of a piece of legislation to ensure that the long title accurately
120	126		115reflects any changes to the legislation made by amendment or substitute;
121	127		116 (5) act as custodian of all official documents related to legislation;
122	128		117 (6) receive all numbered legislation from the Office of Legislative Research and
123		-	118General Counsel;
	129	+	118General Counsel; 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
	130	+	- 5 -
124	131		119 (7) record the number, title, sponsor, each action, and final disposition of each piece of
125		-	120legislation on the ~~back of the~~ legislation;
	132	+	120legislation on the legislation;
126	133		121 (8) prepare and distribute the daily order of business each day;
127	134		122 (9) advise the speaker on parliamentary procedure, Joint Rules, and House Rules;
128	135		123 (10) assist with amendments to legislation;
129	136		124 (11) record votes and, if requested, present the results to the speaker;
130	137		125 (12) record the votes of any member who is present in the House chamber who
131	138		126requests assistance of the chief clerk;
132	139		127 (13) transmit all enrolled House bills and House concurrent resolutions to the
133	140		128governor;
134	141		129 (14) approve material for placement on the representatives' desks if a representative has
135	142		130authorized that distribution;
136	143		131 (15) maintain all calendars for the House floor; and
137	144		132 (16) other duties as assigned by the chief of staff.
138	145		133 Section 7. HR1-5-201 is amended to read:
139	146		134 HR1-5-201. Scheduling guest speakers.
140	147		135 (1) As used in this rule:
141	148		136 (a) "Guest speaker" means a person who is scheduled to address the House of
142	149		137Representatives who is not a representative.
143	150		138 (b) "Guest speaker" does not include:
144	151		139 (i) a person who is called to address the House on a particular piece of legislation or
145	152		140issue under consideration by the House; or
146		-	141 (ii) a representative's introduction or acknowledgment of a visitor or special guest who H.R. 4 Enrolled Copy
147		-	- 6 -
	153	+	141 (ii) a representative's introduction or acknowledgment of a visitor or special guest who
148	154		142does not address the House.
149	155		143 (2) Before a guest speaker may address the House, the [chief clerk, under the direction
150	156		144of the speaker,] speaker must schedule the guest speaker for a time certain on the House daily
151	157		145order of business.
152	158		146 Section 8. HR1-5-202 is amended to read:
153	159		147 HR1-5-202. Executive session.
154	160		148 (1) The House of Representatives shall comply with the requirements of Utah Code
155		-	149Title 52, Chapter 4, Open and Public Meetings Act, when holding an executive session.
	161	+	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
	162	+	- 6 -
156	163		150 (2) When the House of Representatives approves a motion to go into executive session,
157	164		151the sergeant-at-arms shall close the House chamber doors.
158	165		152 (3) The presiding officer may require that all persons, except the representatives[, chief
159	166		153clerk, journal clerk, and sergeant-at-arms] and specified staff leave the chamber, halls, gallery,
160	167		154and lounge.
161	168		155 (4) During the executive session, everyone present must remain within the chamber.
162	169		156 (5) Everyone present shall keep all matters discussed in executive session confidential.
163	170		157 (6) During the executive session, those within the chamber may not communicate with
164	171		158anyone outside the chamber by verbal, written, electronic, or any other means.
165	172		159 Section 9. HR1-5-301 is amended to read:
166	173		160 HR1-5-301. Special order of business -- Time certain.
167	174		161 (1) (a) Except as provided in Subsection (2), a representative may make a motion, or
168	175		162the House Rules committee may recommend, that a piece of legislation become a special order
169	176		163of business on the time certain calendar.
170	177		164 (b) If the motion is approved by a majority of the members present, the [chief clerk]
171	178		165presiding officer shall place the legislation on the time certain calendar.
172	179		166 (2) A motion to place a piece of legislation as a special order of business on the time
173	180		167certain calendar may not be made if the legislation has not yet been placed on the third reading
174	181		168calendar or the consent calendar.
175		-	169 (3) At the time set for consideration of the legislation, the presiding officer shall place Enrolled Copy H.R. 4
176		-	- 7 -
	182	+	169 (3) At the time set for consideration of the legislation, the presiding officer shall place
177	183		170the legislation before the House.
178	184		171 Section 10. HR3-1-101 is amended to read:
179	185		172 HR3-1-101. House Rules Committee -- Appointment -- General responsibilities.
180	186		173 (1) The speaker shall appoint members of the House of Representatives to serve on the
181	187		174House Rules Committee.
182	188		175 (2) The House Rules Committee shall perform the following functions as further
183	189		176elaborated in this part:
184	190		177 (a) receive introduced legislation from the House and recommend that the legislation
185	191		178be assigned to a House standing committee or to the House third reading calendar;
186	192		179 (b) receive legislation from the House that has been sent back to the House Rules
187		-	180Committee from the third reading calendar, and recommend to the House which legislation
	193	+	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
	194	+	- 7 -
188	195		181should be assigned to the third reading calendar and the order in which it should be heard; and
189	196		182 (c) function as a standing committee or interim committee when reviewing Joint Rules,
190	197		183[Interim Rules,] House Rules, or other legislation.
191	198		184 Section 11. HR3-1-102 is amended to read:
192	199		185 HR3-1-102. House Rules Committee -- Assignment duties.
193	200		186 (1) The presiding officer shall submit all legislation introduced in the House of
194	201		187Representatives to the House Rules Committee.
195	202		188 (2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
196	203		189Committee, the committee shall examine the legislation [referred to it] for proper form,
197	204		190including fiscal note and committee note, if any, and either:
198	205		191 (a) refer the legislation to the House with a recommendation that the legislation be:
199	206		192 (i) referred to a standing committee for consideration; or
200	207		193 (ii) read the second time and placed on the third reading calendar if the legislation:
201	208		194 (A) has received a favorable recommendation from a House standing committee;
202	209		195 (B) is exempted from the House standing committee review requirements under
203	210		196HR3-2-401; or
204		-	197 (C) has received a favorable recommendation from the House Rules Committee H.R. 4 Enrolled Copy
205		-	- 8 -
	211	+	197 (C) has received a favorable recommendation from the House Rules Committee
206	212		198meeting as a standing committee as permitted under HR3-1-101; or
207	213		199 [(D) was approved by a unanimous vote of the members present at an interim
208	214		200committee meeting and met the posting requirements of JR7-1-602.5; or]
209	215		201 (b) hold the legislation.
210	216		202 [(3) If the chair of the House Rules Committee receives a summary report from the
211	217		203Occupational and Professional Licensure Review Committee related to newly regulating an
212	218		204occupation or profession within the two calendar years immediately preceding the session in
213	219		205which a piece of legislation is introduced related to the regulation by the Division of
214	220		206Occupational and Professional Licensing of that occupation or profession:]
215	221		207 [(a) the chair of the House Rules Committee shall ensure that the House Rules
216	222		208Committee is informed of the summary report before the House Rules Committee takes action
217	223		209on the legislation; and]
218	224		210 [(b) if the House Rules Committee refers the legislation to the House as provided for in
219		-	211Subsection (2)(a):]
	225	+	211Subsection (2)(a):] 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
	226	+	- 8 -
220	227		212 [(i) the Office of Legislative Research and General Counsel shall make the summary
221	228		213report reasonably available to the public and to legislators; and]
222	229		214 [(ii) if the legislation is referred to a standing committee, the House Rules Committee
223	230		215shall forward the summary report to the standing committee.]
224	231		216 [(4)] (3) In carrying out the House Rules Committee's functions and responsibilities
225	232		217under this rule, the committee may not:
226	233		218 (a) table legislation without the written consent of the sponsor;
227	234		219 (b) report out any legislation that has been tabled by a standing committee;
228	235		220 (c) amend legislation without the written consent of the sponsor; or
229	236		221 (d) substitute legislation without the written consent of the sponsor.
230	237		222 [(5)] (4) The House Rules Committee may recommend a time certain for floor
231	238		223consideration of any legislation when [it] the legislation is reported out of the House Rules
232	239		224Committee, or at any other time.
233		-	225 [(6)] (5) When the House Rules Committee is carrying out the committee's functions Enrolled Copy H.R. 4
234		-	- 9 -
	240	+	225 [(6)] (5) When the House Rules Committee is carrying out the committee's functions
235	241		226and responsibilities under this rule, the committee shall:
236	242		227 (a) when the Legislature is in session, give notice of the committee's meetings
237	243		228according to the requirements of HR3-1-106;
238	244		229 (b) when the Legislature is not in session, post a notice of meeting at least 24 hours
239	245		230before the meeting convenes;
240	246		231 (c) have as the committee's agenda all legislation in the committee's possession for
241	247		232assignment to committee or to the House calendars; and
242	248		233 (d) prepare minutes that include a record, by individual representative, of votes taken.
243	249		234 [(7)] (6) House Rules Committee meetings are open to the public, but comments and
244	250		235discussion are limited to members of the committee and the committee's staff.
245	251		236 Section 12. HR3-1-103 is amended to read:
246	252		237 HR3-1-103. House Rules Committee -- Standing and interim committee duties.
247	253		238 (1) The House Rules Committee has all the powers, functions, and duties of a standing
248	254		239committee or interim committee when it reviews proposed House Rules, [Interim Rules,] Joint
249	255		240Rules resolutions, or other legislation.
250	256		241 (2) Any rules resolutions or legislation reviewed and approved by the House Rules
251		-	242Committee may be reported directly to the House for [its approval, amendment, or disapproval]
	257	+	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
	258	+	- 9 -
252	259		243consideration.
253	260		244 (3) When meeting as a standing committee or interim committee under this rule,
254	261		245[persons] individuals other than committee members may address the committee at the
255	262		246discretion of the chair.
256	263		247 (4) When meeting as a standing committee or interim committee under this rule, the
257	264		248House Rules Committee shall comply with the provisions of Utah Code Title 52, Chapter 4,
258	265		249Open and Public Meetings Act.
259	266		250 Section 13. HR3-2-306 is amended to read:
260	267		251 HR3-2-306. Sponsor presentation.
261	268		252 (1) (a) Except as provided in Subsection (2), during the presentation phase, a
262		-	253committee member may not amend legislation, substitute legislation, or dispose of legislation. H.R. 4 Enrolled Copy
263		-	- 10 -
	269	+	253committee member may not amend legislation, substitute legislation, or dispose of legislation.
264	270		254 (b) All other motions are in order during the presentation phase.
265	271		255 (2) During the presentation phase of a committee meeting, the chair may accept a
266	272		256[simple] motion to amend legislation if the chair permits:
267	273		257 (a) committee questions and debate;
268	274		258 (b) public comment as provided in HR3-2-308;
269	275		259 (c) the sponsor of the legislation affected by the amendment to respond to the motion
270	276		260to amend; and
271	277		261 (d) the committee member who made the motion to amend to have the final word on
272	278		262the motion as required under HR3-2-313.
273	279		263 (3) During the presentation phase of a standing committee meeting, the chair shall:
274	280		264 (a) permit the legislative sponsor to present the sponsor's legislation; and
275	281		265 (b) except as provided in Subsection (4), and at the election of the legislative sponsor,
276	282		266permit [persons] individuals who have expertise on the legislation to assist with the
277	283		267presentation as provided in HR3-2-304.
278	284		268 (4) The chair may not permit a legislative intern or a legislative aide to present
279	285		269legislation.
280	286		270 Section 14. HR3-2-310 is amended to read:
281	287		271 HR3-2-310. Chair to preserve order -- Powers to preserve order.
282	288		272 (1) The chair shall preserve order and decorum during standing committee meetings
283		-	273by:
	289	+	273by: 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
	290	+	- 10 -
284	291		274 (a) controlling outbursts and demonstrations; and
285	292		275 (b) ensuring that committee members, presenters, witnesses, and visitors act in a
286	293		276dignified and respectful manner.
287	294		277 (2) To preserve order, the chair may:
288	295		278 (a) clear the committee room of any person who engages in disorderly conduct;
289	296		279 (b) recess a standing committee meeting without a motion; or
290	297		280 (c) request assistance from:
291		-	281 (i) the sergeant-at-arms; or Enrolled Copy H.R. 4
292		-	- 11 -
	298	+	281 (i) the sergeant-at-arms; or
293	299		282 (ii) the Utah Highway Patrol.
294	300		283 Section 15. HR3-2-318 is amended to read:
295	301		284 HR3-2-318. Chair to send standing committee reports to the House.
296	302		285 (1) When a standing committee approves a motion to dispose of legislation under the
297	303		286requirements of HR3-2-408 or HR3-2-403, the chair shall, no later than the next legislative
298	304		287day, submit to the chief clerk of the House:
299	305		288 (a) the official version of the legislation; and
300	306		289 (b) a committee report, signed by the chair, describing the committee's action.
301	307		290 (2) (a) A committee member who dissents from a motion to dispose of legislation may
302	308		291request to be listed by name on the committee report.
303	309		292 (b) If a committee member requests to be listed by name on a committee report, the
304	310		293committee report shall include the name of the committee member.
305	311		294 (3) If, for any reason, the chair does not submit a committee report to the chief clerk of
306	312		295the House as required in Subsection (1), the chief clerk of the House shall ensure that the
307	313		296official version of the legislation and the committee report are submitted before the end of the
308	314		297second legislative day after the [legislation was acted on by a standing committee] committee
309	315		298disposed of the legislation.
310	316		299 Section 16. HR3-2-319 is amended to read:
311	317		300 HR3-2-319. Chair to ensure integrity of minutes -- Retention of minutes.
312	318		301 (1) The chair shall:
313	319		302 (a) ensure that a secretary takes minutes of standing committee meetings;
314	320		303 (b) present the minutes to the committee for approval; and
315		-	304 (c) send the approved minutes to [the office of the chief clerk of] the House.
	321	+	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
	322	+	- 11 -
316	323		305 [(2) The chief clerk of the House shall retain committee minutes for three years.]
317	324		306 [(3)] (2) The chair shall ensure that committee minutes comply with the requirements
318	325		307of Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
319	326		308 [(4) The chair shall ensure that committee minutes include:]
320		-	309 [(a) the date, time, and place of each committee meeting;] H.R. 4 Enrolled Copy
321		-	- 12 -
	327	+	309 [(a) the date, time, and place of each committee meeting;]
322	328		310 [(b) a list of committee members present;]
323	329		311 [(c) each motion made;]
324	330		312 [(d) the vote on each motion;]
325	331		313 [(e) points of order; and]
326	332		314 [(f) the outcome of each appeal of the decision of the chair.]
327	333		315 Section 17. HR3-2-401 is amended to read:
328	334		316 HR3-2-401. Standing committee review required -- Exceptions.
329	335		317 (1) Except as provided in Subsection (2), the House of Representatives may not pass a
330	336		318bill, joint resolution, or concurrent resolution during the annual general session unless a House
331	337		319standing committee has given a favorable recommendation to the legislation.
332	338		320 (2) Subsection (1) does not apply to:
333	339		321 (a) a resolution regarding legislative rules or legislative personnel;
334	340		322 (b) legislation that [has been approved by a unanimous vote of the members present at
335	341		323an interim committee meeting] is a committee bill as defined in JR7-1-101 that:
336	342		324 (i) received its favorable recommendation by a unanimous vote of the members present
337	343		325at the authorized legislative committee; and
338	344		326 (ii) satisfied the posting requirements described in JR7-1-602.5;
339	345		327 (c) the revisor's statute; or
340	346		328 (d) if the legislation was reviewed and approved by the Executive Appropriations
341	347		329Committee, legislation that:
342	348		330 (i) exclusively appropriates money;
343	349		331 (ii) amends Utah Code Title 53F, Chapter 2, State Funding -- Minimum School
344	350		332Program;
345	351		333 (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
346	352		334 (iv) authorizes the issuance of general obligation or revenue bonds.
347		-	335 Section 18. HR3-2-402 is amended to read:
	353	+	335 Section 18. HR3-2-402 is amended to read: 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
	354	+	- 12 -
348	355		336 HR3-2-402. Standing committee review of legislation with a fiscal impact.
349		-	337 (1) (a) A standing committee may not review legislation unless the legislation has an Enrolled Copy H.R. 4
350		-	- 13 -
	356	+	337 (1) (a) A standing committee may not review legislation unless the legislation has an
351	357		338approved fiscal note.
352	358		339 (b) Notwithstanding Subsection (1)(a), a standing committee may consider a substitute
353	359		340not previously adopted, regardless of whether the substitute has an approved fiscal note.
354	360		341 (2) Except as provided in HR3-2-401, a standing committee in one or both houses shall
355	361		342review legislation before the legislation is held in the opposite house because of its fiscal
356	362		343impact.
357	363		344 Section 19. HR3-2-405 is amended to read:
358	364		345 HR3-2-405. Consent calendar -- Nonbinding resolutions -- Committee
359	365		346recommendations .
360	366		347 (1) As used in this rule, "nonbinding resolution":
361	367		348 (a) means a resolution that:
362	368		349 (i) is primarily for the purpose of recognizing, honoring, or memorializing an
363	369		350individual, group, or event;
364	370		351 (ii) requests, rather than compels, action or awareness by an individual or group; or
365	371		352 (iii) is informational or promotional in nature; and
366	372		353 (b) does not mean:
367	373		354 (i) a rules resolution;
368	374		355 (ii) a resolution for a constitutional amendment; or
369	375		356 (iii) any resolution that approves or authorizes any action, requires any substantive
370	376		357action to be taken, or results in a change in law, policy, or funding.
371	377		358 (2) (a) A nonbinding resolution shall be placed on the consent calendar.
372	378		359 (b) A nonbinding resolution may be moved to the time certain calendar or other
373	379		360calendar by a majority vote of those present.
374	380		361 (3) A standing committee may recommend that legislation in the standing committee's
375	381		362possession be placed on the consent calendar if:
376	382		363 (a) the committee approves a motion, by a unanimous vote of those present, to give the
377	383		364legislation a favorable recommendation; and
378		-	365 (b) immediately subsequent to that action, the committee approves a separate motion, ~~H.R. 4 Enrolled Copy~~
379		-	~~- 14 -~~
380		-	~~366by a unanimous vote of those present, to recommend that the legislation be placed on the~~
	384	+	365 (b) immediately subsequent to that action, the committee approves a separate motion,
	385	+	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
	386	+	- 13 -
381	387		367consent calendar[; and].
382	388		368 [(c) the legislation has a fiscal note that is less than $10,000.]
383	389		369 [(4) If, in accordance with HR3-1-102, the House Rules Committee forwards a
384	390		370summary report from the Occupational and Professional Licensure Review Committee in
385	391		371conjunction with legislation referred to a standing committee, the chair shall ensure that the
386	392		372summary report is read orally to the committee before action is taken by the committee on the
387	393		373legislation that is related to the summary report.]
388	394		374 Section 20. HR3-2-406 is amended to read:
389	395		375 HR3-2-406. Amending legislation -- Verbal amendments -- Amendments must be
390	396		376germane.
391	397		377 (1) (a) Subject to Subsection (2) and HR3-2-306, and if recognized by the chair during
392	398		378the [sponsor] presentation phase or the committee action phase, a committee member may
393	399		379make a motion to amend the legislation that is under consideration.
394	400		380 (b) (i) A committee member may propose a verbal amendment to the legislation under
395	401		381consideration if the amendment contains 15 or fewer words.
396	402		382 (ii) Unless the amendment contains 15 or fewer words, before proposing a motion to
397	403		383amend, a committee member shall ensure that a copy of the proposed amendment is available
398	404		384online.
399	405		385 (iii) Each word inserted shall count as one of the 15 words permitted under a verbal
400	406		386amendment, except that:
401	407		387 (A) numbering shall not be counted as a word;
402	408		388 (B) instructions to delete a word or words shall not count as a word; and
403	409		389 (C) a word or an exact phrase that is inserted in multiple locations shall only be
404	410		390counted for the first insertion.
405	411		391 (2) (a) A committee member may only make a motion to amend that is germane to the
406	412		392subject of the legislation under consideration.
407		-	393 (b) A committee member who believes that an amendment is not germane to the Enrolled Copy H.R. 4
408		-	- 15 -
	413	+	393 (b) A committee member who believes that an amendment is not germane to the
409	414		394subject of the legislation may make a point of order or appeal as described in HR3-2-506.
410	415		395 Section 21. HR3-2-408 is amended to read:
411	416		396 HR3-2-408. Legislation tabled in a standing committee -- Requirements.
412		-	397 (1) If legislation is tabled, the chair shall list the tabled legislation on the committee
	417	+	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
	418	+	- 14 -
413	419		398agenda for the next committee meeting.
414	420		399 (2) At the next committee meeting, the committee may, by a two-thirds vote, lift the
415	421		400tabled legislation from the table.
416	422		401 (3) If a motion to lift tabled legislation is successful, the standing committee may make
417	423		402any motion on the legislation that is authorized under this chapter.
418	424		403 (4) (a) If legislation is tabled by a committee and the legislation is not lifted from the
419	425		404table at the committee's next meeting, the committee chair shall submit a committee report to
420	426		405the chief clerk of the House informing the House that the legislation was tabled.
421	427		406 (b) After reading the committee report on the tabled legislation, the [chief clerk of the
422	428		407House] presiding officer shall send the tabled legislation to the House Rules Committee for
423	429		408filing.
424	430		409 (5) After tabled legislation is sent to the House Rules Committee for filing, a
425	431		410representative may not make a motion to:
426	432		411 (a) lift the tabled legislation from the House Rules Committee and place it on the third
427	433		412reading calendar; or
428	434		413 (b) lift the tabled legislation from the House Rules Committee and refer it to a standing
429	435		414committee for consideration.
430	436		415 Section 22. HR3-2-510 is amended to read:
431	437		416 HR3-2-510. Prohibited motions.
432	438		417 (1) (a) Except for a motion to adjourn or a motion to recess, a committee member may
433	439		418not make a motion unless a quorum of the standing committee is present.
434	440		419 (b) When a quorum is not present, a motion to adjourn or a motion to recess is passed
435	441		420with a majority vote of those present.
436		-	421 (2) No motion is in order during a vote. H.R. 4 Enrolled Copy
437		-	- 16 -
	442	+	421 (2) No motion is in order during a vote.
438	443		422 (3) A point of order is not in order during a vote.
439	444		423 (4) A committee member may not make a motion to:
440	445		424 (a) strike the enacting clause of legislation;
441	446		425 (b) strike the resolving clause of a resolution;
442	447		426 (c) circle legislation;
443	448		427 (d) place legislation on a time certain calendar;
444		-	428 (e) postpone legislation to a day certain; or
	449	+	428 (e) postpone legislation to a day certain; or 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
	450	+	- 15 -
445	451		429 (f) postpone legislation indefinitely.
446	452		430 Section 23. HR4-2-201 is amended to read:
447	453		431 HR4-2-201. Point of order.
448	454		432 (1) (a) If a representative believes that there has been a breach of order, a breach of
449	455		433rules, or a breach of established parliamentary practice, the representative may rise and,
450	456		434without being recognized, state: "point of order."
451	457		435 (b) When a representative raises a point of order:
452	458		436 (i) the presiding officer shall interrupt the proceedings;
453	459		437 (ii) the representative who has the floor shall yield the floor; and
454	460		438 (iii) the presiding officer shall ask the representative raising the point of order to "state
455	461		439your point."
456	462		440 (c) When the presiding officer responds "state your point," the representative shall
457	463		441briefly explain the alleged breach to the body, citing to appropriate authority if possible.
458	464		442 (2) (a) The presiding officer may:
459	465		443 (i) speak to points of order in preference to other representatives rising for that
460	466		444purpose;
461	467		445 (ii) rule on the point of order immediately;
462	468		446 (iii) consult with [the chief clerk] staff, the parliamentarian, or both before ruling on
463	469		447the point of order; or
464	470		448 (iv) suggest that the House recess until the presiding officer can research and rule on
465		-	449the point of order. Enrolled Copy H.R. 4
466		-	- 17 -
	471	+	449the point of order.
467	472		450 (b) (i) Although points of order are generally decided without debate, the presiding
468	473		451officer may submit the point of order to the House for decision in doubtful cases.
469	474		452 (ii) If submitted to the House for decision, a presiding officer shall allow debate or
470	475		453discussion on the point of order by recognizing members of the House who wish to speak to the
471	476		454point of order.
472	477		455 (iii) A decision by the House deciding a point of order is not subject to appeal.
473	478		456 (3) When the presiding officer rules on the point of order, any representative who
474	479		457disagrees with the presiding officer's decision may appeal that decision to the House by
475	480		458following the procedures and requirements of HR4-2-202.
476		-	459 Section 24. HR4-4-101 is amended to read:
	481	+	459 Section 24. HR4-4-101 is amended to read: 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
	482	+	- 16 -
477	483		460 HR4-4-101. Committee reports -- Second reading calendar.
478	484		461 (1) [The chief clerk of the House or the chief clerk's designee] House staff shall:
479	485		462 (a) read to the House each standing committee report submitted to the House; and
480	486		463 (b) read the legislation by title unless the House suspends this requirement by a
481	487		464two-thirds vote.
482	488		465 (2) (a) If the House passes a motion to adopt the committee report, the amendments
483	489		466and substitutes adopted by the committee and identified on the committee report become
484	490		467legally part of the legislation.
485	491		468 (b) If a motion to adopt the committee report fails, the [chief clerk] presiding officer
486	492		469shall return the legislation to the House Rules Committee.
487	493		470 (3) A majority vote of the House is required to:
488	494		471 (a) approve a motion to adopt the committee report; and
489	495		472 (b) pass the legislation on second reading to the third reading or consent calendar.
490	496		473 (4) The placement of a piece of legislation on a House reading calendar is the second
491	497		474reading of that legislation.
492	498		475 Section 25. HR4-4-201 is amended to read:
493	499		476 HR4-4-201. Third reading calendar -- Procedures.
494		-	477 (1) (a) For the third reading on a piece of legislation, [the chief clerk of the House or H.R. 4 Enrolled Copy
495		-	- 18 -
	500	+	477 (1) (a) For the third reading on a piece of legislation, [the chief clerk of the House or
496	501		478the chief clerk's designee] House staff shall read the legislation by title unless the House
497	502		479suspends this requirement by a two-thirds vote.
498	503		480 (b) (i) After reading the title of the legislation, [the chief clerk or the chief clerk's
499	504		481designee] House staff shall identify the House standing committee that reviewed the legislation
500	505		482and the vote in that committee.
501	506		483 (ii) If the legislation has not been reviewed by a House standing committee, [the chief
502	507		484clerk or the chief clerk's designee] House staff shall announce that the legislation was not
503	508		485reviewed by a House standing committee.
504	509		486 (2) When [the chief clerk or the chief clerk's designee] House staff has completed the
505	510		487third reading of the legislation, the legislation is before the House for debate.
506	511		488 (3) When debate on the legislation is complete, the presiding officer shall take the final
507	512		489vote on the legislation.
508		-	490 Section 26. HR4-4-202 is amended to read:
	513	+	490 Section 26. HR4-4-202 is amended to read: 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
	514	+	- 17 -
509	515		491 HR4-4-202. Disposition of legislation voted on third reading.
510	516		492 (1) Except as provided in Subsection (2), the chief clerk or the chief clerk's designee
511	517		493shall:
512	518		494 (a) for a piece of House legislation passed by the House on third reading but not yet
513	519		495acted upon by the Senate, transmit the House legislation to the Senate for its further action;
514	520		496 (b) for a piece of House legislation that fails to pass the House on third reading, file the
515	521		497legislation;
516	522		498 (c) for a piece of House legislation that has passed both houses, follow the procedures
517	523		499and requirements of JR4-5-101;
518	524		500 (d) for a piece of Senate legislation passed by the House on third reading and not
519	525		501amended or substituted in the House, transmit the Senate legislation to the presiding officer of
520	526		502the House for the presiding officer's signature and return the legislation to the Senate for the
521	527		503signature of the president of the Senate;
522	528		504 (e) for a piece of Senate legislation passed by the House on third reading that was
523		-	505amended or substituted in the House, transmit the legislation to the Senate with the Enrolled Copy H.R. 4
524		-	- 19 -
	529	+	505amended or substituted in the House, transmit the legislation to the Senate with the
525	530		506amendments or substitute for further action by the Senate; and
526	531		507 (f) for a piece of Senate legislation that fails to pass the House on third reading,
527	532		508transmit the legislation to the Senate with notice of the House's action.
528	533		509 (2) (a) The chief clerk shall ensure that the House retains possession of a piece of
529	534		510legislation for no more than one legislative day when:
530	535		511 (i) a representative gives notice of intention to move for reconsideration to the chief
531	536		512clerk or the presiding officer;
532	537		513 (ii) a representative requests that the chief clerk hold the legislation; or
533	538		514 (iii) the House passes a motion to retain possession of the legislation.
534	539		515 (b) When a representative moves for reconsideration or requests a hold under
535	540		516Subsection (2)(a)(i) or (2)(a)(ii), the chief clerk shall give notice of the action to the speaker
536	541		517and to the sponsor of the legislation.
537	542		518 (c) Notwithstanding the requirements of Subsection (2)(a), a piece of legislation may
538	543		519be released earlier than 24 hours if the hold is released.
539	544		520 Section 27. HR4-4-301 is amended to read:
540		-	521 HR4-4-301. Consent calendar.
	545	+	521 HR4-4-301. Consent calendar. 1st Sub. (Buff) H.R. 4 02-26-23 2:17 PM
	546	+	- 18 -
541	547		522 (1) The [chief clerk or the chief clerk's designee] presiding officer shall place
542	548		523legislation on the consent calendar if:
543	549		524 (a) a standing committee report recommends that the legislation be placed on the
544	550		525consent calendar and the standing committee report is adopted by the House; or
545	551		526 (b) the legislation is a nonbinding resolution as provided in HR3-2-405.
546	552		527 (2) If the chief clerk receives written objections to a piece of legislation from six or
547	553		528more representatives, the chief clerk shall:
548	554		529 (a) remove the legislation from the consent calendar;
549	555		530 (b) inform the sponsor that the legislation has been removed from the consent calendar;
550	556		531and
551	557		532 (c) place the legislation at the bottom of the third reading calendar.
552		-	533 (3) When legislation is removed from the consent calendar, the presiding officer shall H.R. 4 Enrolled Copy
553		-	- 20 -
	558	+	533 (3) When legislation is removed from the consent calendar, the presiding officer shall
554	559		534inform the House of its removal.
555	560		535 (4) (a) If, after two calendar days, no more than five members have registered written
556	561		536objections to the legislation with the chief clerk:
557	562		537 (i) the legislation shall be read the third time;
558	563		538 (ii) the presiding officer shall grant the sponsor of the legislation two minutes to
559	564		539introduce and explain the legislation; and
560	565		540 (iii) the presiding officer shall pose the question and take the final vote on the
561	566		541legislation.
562	567		542 (b) The presiding officer may not allow debate on legislation on the consent calendar.
563	568		543 (5) (a) If the representative sponsoring the legislation on the consent calendar is absent
564	569		544from the floor when the legislation is ready to be read for the third time and considered for
565	570		545passage, a representative may make a motion to circle the legislation.
566	571		546 (b) If the motion to circle is successful and the representative sponsoring the legislation
567	572		547has not moved to uncircle the legislation before floor time is recessed or adjourned, the bill
568	573		548shall be placed on the bottom of the third reading calendar.
569	574		549 Section 28. HR4-4-501 is amended to read:
570	575		550 HR4-4-501. Time certain calendar.
571	576		551 The [chief clerk or the clerk's designee] presiding officer shall place on the time certain
572		-	552calendar legislation or other matters approved by the House for a time certain under:
	577	+	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
	578	+	- 19 -
573	579		553 (1) HR1-5-301; or
574	580		554 (2) other rules allowing matters to be set for a time certain.
575	581		555 Section 29. HR4-6-105.5 is amended to read:
576	582		556 HR4-6-105.5. Prohibited references during debate.
577	583		557 (1) During debate on the House floor, a representative may not:
578	584		558 (a) allude to or discuss what was done or said in committee in relation to the legislation
579	585		559under debate, except that a representative may allude to or discuss information contained on a
580	586		560House or Senate committee report[.];
581		-	561 (b) use a display, exhibit, demonstration, or prop, including an individual who is Enrolled Copy H.R. 4
582		-	- 21 -
	587	+	561 (b) use a display, exhibit, demonstration, or prop, including an individual who is
583	588		562present on the House floor, to illustrate the representative's remarks or to emphasize the
584	589		563representative's position; or
585	590		564 (c) read from a written, prepared speech.
586	591		565 (2) During debate on the House floor, a representative may use notes when delivering a
587	592		566speech.
588	593		567 (3) Nothing in this rule affects a representative's ability to seek approval in accordance
589	594		568with HR1-4-302(14) to have material placed on the representatives' desks.
590	595		569 Section 30. HR4-7-102 is amended to read:
591	596		570 HR4-7-102. Number of votes required for passage.
592	597		571 Unless otherwise specified in these rules:
593	598		572 (1) each piece of legislation requires a constitutional majority vote -- 38 votes -- to
594	599		573pass;
595	600		574 (2) amendments to the Utah Constitution, legislation described in Utah Constitution,
596	601		575Article VI, Section 25 that is intended to take effect earlier than 60 days after adjournment of
597	602		576the session in which it passes, amendments to court rules, and certain motions specified in
598	603		577these rules require a constitutional two-thirds vote -- 50 votes -- to pass; and
599	604		578 (3) a motion requires a majority vote to pass.
600	605		579 Section 31. HR4-7-104 is amended to read:
601	606		580 HR4-7-104. Disturbing House staff during voting prohibited.
602	607		581 While an electronic vote or roll call vote is being taken, a person may not disturb or
603	608		582remain by the desks of [the chief clerk of the House, the docket clerk, the minute clerk, the
604		-	583voting machine operator, or the public address system operator] House staff conducting or
	609	+	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
	610	+	- 20 -
605	611		584helping to conduct the roll call vote.
606	612		585 Section 32. HR4-8-104 is amended to read:
607	613		586 HR4-8-104. Process for conducting a call of the House.
608	614		587 (1) During a call of the House:
609	615		588 (a) a representative present in the chamber may not leave the chamber; and
610		-	589 (b) the sergeant-at-arms or the sergeant's designees shall close the doors to the House H.R. 4 Enrolled Copy
611		-	- 22 -
	616	+	589 (b) the sergeant-at-arms or the sergeant's designees shall close the doors to the House
612	617		590chamber.
613	618		591 (2) After ordering the call of the House, the presiding officer shall:
614	619		592 (a) [in consultation with the chief clerk,] identify any absent representatives; and
615	620		593 (b) provide the sergeant-at-arms with the names of those representatives who are
616	621		594absent but who have not asked to be excused.
617	622		595 (3) The sergeant-at-arms or the sergeant's designees shall:
618	623		596 (a) search for the absent representatives;
619	624		597 (b) if they are found, escort them to the House chamber; and
620	625		598 (c) make a report to the House about the sergeant's efforts.
621	626		599 Section 33. HR4-9-101 is amended to read:
622	627		600 HR4-9-101. Motion to reconsider.
623	628		601 (1) As used in this rule, "legislative day" means a day when the House of
624	629		602Representatives convenes in the House chamber and conducts House business.
625	630		603 (2) (a) Except as provided in Subsection (3), when a question has been decided on the
626	631		604floor of the House, a representative voting with the prevailing side may move for
627	632		605reconsideration after intervening business.
628	633		606 (b) If the motion to reconsider is to reconsider passage of a piece of legislation, the
629	634		607representative making the motion shall include the number and short title of the legislation as
630	635		608part of the motion.
631	636		609 (c) If a motion for reconsideration is made on the floor of the House after a piece of
632	637		610legislation has left the possession of the House, the chief clerk shall request that the legislation
633	638		611be returned to the House.
634	639		612 (d) The presiding officer shall rule a motion for reconsideration out of order unless the
635	640		613motion is made:
636		-	614 (i) before the 43rd legislative day;
	641	+	614 (i) before the 43rd legislative day; 02-26-23 2:17 PM 1st Sub. (Buff) H.R. 4
	642	+	- 21 -
637	643		615 (ii) before the House adjourns on the legislative day after the legislative day on which
638	644		616the action sought to be reconsidered occurred; and
639		-	617 (iii) by a representative who previously served notice to the chief clerk or the presiding Enrolled Copy H.R. 4
640		-	- 23 -
	645	+	617 (iii) by a representative who previously served notice to the chief clerk or the presiding
641	646		618officer.
642	647		619 (3) A representative may not make a motion to reconsider after the 42nd day of the
643	648		620annual general session of the Legislature.
644	649		621 Section 34. HR4-9-103 is amended to read:
645	650		622 HR4-9-103. Rules governing motions to reconsider.
646	651		623 (1) A motion to reconsider takes precedence over all other motions and questions,
647	652		624except a motion to adjourn.
648	653		625 (2) (a) Except as provided in Subsection (2)(b), a motion to reconsider is debatable.
649	654		626 (b) A motion to reconsider is nondebatable only if the action it seeks to reconsider is
650	655		627nondebatable.
651	656		628 (3) When a motion to reconsider is made, the presiding officer shall:
652	657		629 (a) allow the proponents a total of five minutes to address the issue;
653	658		630 (b) allow the opponents a total of five minutes to address the issue; and
654	659		631 (c) allow the proponents one minute to sum up.
655	660		632 (4) (a) A motion to reconsider a vote on the final passage of a piece of legislation
656	661		633requires approval by a constitutional majority of representatives.
657	662		634 (b) Upon adoption of a motion to reconsider and if the legislation is in possession of
658	663		635the House, the [chief clerk] presiding officer shall ensure that the legislation is placed at the top
659	664		636of the third reading calendar.
660	665		637 (c) The House may not reconsider a piece of legislation more than once.
661	666		638 Section 35. Coordinating H.R. 4 and H.R. 1 -- Substantive amendments.
662	667		639 If this H.R. 4 and H.R. 1, House Rules Resolution - House Committee Security, both
663	668		640pass, it is the intent of the Legislature that the Office of Legislative Research and General
664	669		641Counsel, in preparing the House Rules for publication, amend HR3-3-101(2)(c) in H.R. 1 to
665	670		642read:
666	671		643 "(c) recess the meeting without a motion; or".