Utah 2025 2025 Regular Session

Utah House Bill HR0001 Substitute / Bill

Filed 01/20/2025

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James A. Dunnigan proposes the following substitute bill:
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House Rules Resolution - Amendments to House Rules
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
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LONG TITLE
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General Description:
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This resolution modifies House rules.
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Highlighted Provisions:
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This resolution:
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▸ updates outdated language;
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▸ changes the name of the House Business and Labor Standing Committee to the House
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Business, Labor, and Commerce Standing Committee;
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▸ requires certain changes to legislation to be made by a motion to substitute the legislation
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rather than a motion to amend the legislation;
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▸ prohibits a committee member from requesting a personal privilege during a committee
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meeting;
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▸ clarifies House floor procedures related to substitute and privileged motions; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Legislative Rules Affected:
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AMENDS:
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HR2-4-101
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HR3-2-201
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HR3-2-406
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HR3-2-510
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HR4-3-301
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HR4-6-107
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HR4-6-110
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HR5-2-101 1st Sub. (Buff) H.R. 1	01-20 20:46
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Be it resolved by the House of Representatives of the state of Utah:
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Section 1.  HR2-4-101 is amended to read:
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HR2-4-101 . Definitions.
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      As used in this chapter:
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(1) "Department head" means the same as that term is defined in Utah Code Section
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63A-17-807 or a department head's designee.
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(2) "Former legislator" means a person who is not a current member of the Legislature, but
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who served in the Utah House or Utah Senate at one time.
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(3)(a) "Guest" means an individual who is afforded access to the House space under a
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provision of this chapter, who is not an individual described in Subsection (3)(c) or a
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special guest as described under HR2-4-101.2(5).
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(b) "Guest" includes:
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(i) the governor, the lieutenant governor, the state attorney general, the state treasurer,
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the state auditor, and governor's staff; and
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(ii) a former legislator who is an individual described in Subsection (3)(b)(i).
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(c) "Guest" does not mean a legislator, a member of House or Senate staff, a member of
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professional legislative staff, a House intern, or a lobbyist.
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(4) "House conference rooms" means one of the conference rooms adjacent to the House
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lounge, speaker's office, or the majority caucus room.
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(5) "House halls" means the passageways that allow access to:
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(a) the House chamber;
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(b) the House lounge;
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(c) the House offices; or
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(d) any other nonpublic areas adjoining the House chamber.
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(6) "House intern" means an individual who is:
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(a) an official participant in the student intern program sponsored by the Utah
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Legislature and administered by the Office of Legislative [Research and General
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Counsel] Services; and
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(b) is assigned to a representative.
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(7) "House offices" means:
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(a) Representatives' offices adjacent to the House chamber;
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(b) Representatives' offices on the third and fourth floors of the capitol building;
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(c) Representatives' offices in the House building; and
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(d) kitchens, restrooms, elevators, and any auxiliary rooms in the nonpublic areas
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connected with the offices listed above.
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(8) "House or Senate staff" means an individual who is employed directly by the House or
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Senate.
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(9)(a) "House space" means the House chamber, House lounge, House offices, House
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halls, and House conference rooms.
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(b) "House space" does not mean the common public space outside the House chamber.
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(10) "Immediate family" means any parent, spouse, child, grandparent, grandchild,
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great-grandparent, great-grandchild, sibling, aunt, uncle, niece, or nephew of a member
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of the House, provided that the individual is not a lobbyist.
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(11) "Lobbying" means communicating with a legislator for the purpose of influencing the
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passage, defeat, amendment, or postponement of legislative action.
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(12) "Lobbyist" means an individual who is required to register as a lobbyist by Utah Code
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Section 36-11-103.
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(13) "Professional legislative staff" means an individual employed by one of the
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Legislature's profession-based staff offices, namely the Office of Legislative Research
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and General Counsel, the Office of the Legislative Fiscal Analyst, the Office of the
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Legislative Auditor General, or the Office of Legislative [Printing] Services.
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Section 2.  HR3-2-201 is amended to read:
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HR3-2-201 . Standing committees -- Creation.
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      There are created the following standing committees to consider legislation during an
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annual general or special session:
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(1) Business[ and] , Labor, and Commerce;
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(2) Economic Development and Workforce Services;
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(3) Education;
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(4) Government Operations;
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(5) Health and Human Services;
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(6) House Rules;
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(7) Judiciary;
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(8) Law Enforcement and Criminal Justice;
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(9) Natural Resources, Agriculture, and Environment;
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(10) Political Subdivisions;
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(11) Public Utilities and Energy;
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(12) Revenue and Taxation; and
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(13) Transportation.
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Section 3.  HR3-2-406 is amended to read:
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HR3-2-406 . Amending legislation -- Verbal amendments -- Amendments must
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be germane.
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(1)(a) Subject to [Subsection (2)] the provisions of this rule and HR3-2-306, and if
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recognized by the chair during the presentation phase or the committee action phase,
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a committee member may make a motion to amend the legislation that is under
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consideration.
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(b)(i) A committee member may propose a verbal amendment to the legislation under
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consideration if the amendment contains 15 or fewer words.
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(ii) Unless the amendment contains 15 or fewer words, before proposing a motion to
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amend, a committee member shall ensure that a copy of the proposed amendment
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is available online.
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(iii) Each word inserted shall count as one of the 15 words permitted under a verbal
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amendment, except that:
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(A) numbering shall not be counted as a word;
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(B) instructions to delete a word or words shall not count as a word; and
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(C) a word or an exact phrase that is inserted in multiple locations shall only be
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counted for the first insertion.
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(2)(a) A committee member may only make a motion to amend that is germane to the
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subject of the legislation under consideration.
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(b) A committee member who believes that an amendment is not germane to the subject
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of the legislation may make a point of order or appeal as described in HR3-2-506.
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(3)(a) A committee member may not propose an amendment to legislation that:
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(i) adds or removes an entire section from the legislation; or
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(ii) modifies the legislation's effective date.
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(b) To change legislation as described in Subsection (3)(a), a committee member may,
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subject to HR3-2-407, make a motion to substitute the legislation.
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Section 4.  HR3-2-510 is amended to read:
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HR3-2-510 . Prohibited motions.
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(1)(a) Except for a motion to adjourn or a motion to recess, a committee member may
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not make a motion unless a quorum of the standing committee is present.
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(b) When a quorum is not present, a motion to adjourn or a motion to recess is passed
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with a majority vote of those present.
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(2) No motion is in order during a vote.
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(3) A point of order is not in order during a vote.
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(4) A committee member may not make a motion to:
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(a) strike the enacting clause of legislation;
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(b) strike the resolving clause of a resolution;
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(c) circle legislation;
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(d) place legislation on a time certain calendar;
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(e) postpone legislation to a day certain; or
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(f) postpone legislation indefinitely.
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(5)(a) A personal privilege is not a motion.
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(b) A committee member may not request a personal privilege during a committee
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meeting.
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Section 5.  HR4-3-301 is amended to read:
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HR4-3-301 . Amendments in order on third reading -- 15 word rule -- Passage of
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amendments by a majority vote.
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(1) [A] Subject to Subsections (2) and (3), a motion to amend a piece of legislation is in
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order on third reading.
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(2)(a) A representative may verbally propose an amendment to legislation if the
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amendment contains 15 or fewer words[ ].
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(b) Unless the amendment contains 15 or fewer words, before a representative makes a
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motion to amend, the representative shall ensure that a copy of the proposed
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amendment is available online.
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(c) Each word inserted shall count as one of the 15 words permitted under a verbal
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amendment, except that:
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(i) numbering shall not be counted as a word;
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(ii) instructions to delete a word or words shall not count as a word; and
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(iii) a word or an exact phrase that is inserted in multiple locations shall only be
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counted for the first insertion.
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(3)(a) A representative may not propose an amendment to legislation that:
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(i) adds or removes an entire section from the legislation; or
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(ii) modifies the legislation's effective date.
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(b) To change legislation as described in Subsection (3)(a), a representative may, subject
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to Part 2, Substitute Legislation, make a motion to substitute the legislation.
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(4) A constitutional amendment, resolution, or bill requiring a constitutional two-thirds vote
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for final passage, may be amended by a majority vote.
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[(4)] (5) When legislation is amended by the House, the chief clerk shall:
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(a) for each page of the legislation modified by a House amendment, cause a new page
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to be printed that clearly identifies each House amendment to that page; and
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(b) print that new page on lilac-colored paper.
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Section 6.  HR4-6-107 is amended to read:
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HR4-6-107 . Substitute motions.
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(1) A representative may, upon recognition by the presiding officer, make a substitute
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motion, which, if adopted by vote of a majority of the House, disposes of the original
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motion.
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(2) If the substitute motion is not adopted, the original motion is revived.
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(3) A representative may not make a substitute motion if:
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(a) [make a substitute motion if another substitute motion has been made and is pending] 
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another substitute motion is pending; or
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(b) [make a motion to end debate (call the previous question) as a substitute motion] a
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privileged motion is pending.
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Section 7.  HR4-6-110 is amended to read:
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HR4-6-110 . Privileged motions.
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(1) A privileged motion:
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(a) is non-debatable;
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(b) is not a substitute motion; and
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(c) subject to HR4-6-109, takes precedence over a non-privileged motion.
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(2) [The presiding officer may not allow debate on a motion] If a privileged motion is
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requested while another privileged motion is pending, the presiding officer shall grant
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priority to privileged motions in the following order:
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(a) to adjourn;
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(b) to recess;
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(c) to end debate (call the previous question); or
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(d) to extend the time for debate.
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[(2)] (3) The presiding officer shall decide all points of order arising from one of the above
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privileged motions without debate.
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Section 8.  HR5-2-101 is amended to read:
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HR5-2-101 . Lobbyist code of ethics.
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      A lobbyist, volunteer lobbyist, or government official may not:
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(1) attempt to influence a representative, elected or appointed state official, state employee,
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or legislative employee by means of deceit or by threat of violence or economic or
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political reprisal against any person or property, with intent by doing so to alter or affect
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the representative's, elected or appointed state official's, state employee's, or legislative
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employee's decision, vote, opinion, or action concerning any matter that is to be
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considered or performed by the representative, official, or employee or the agency or
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body of which the representative, official, or employee is a member;
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(2) knowingly provide false information to a representative, elected or appointed state
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official, state employee, or legislative employee as to any material fact pertaining to any
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legislation;
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(3) knowingly omit, conceal, or falsify in any manner information required by the lobbyist
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registration and lobbyist disclosure reports;
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(4) participate in committee assignments or leadership races of the House of
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Representatives;
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(5) cause or influence the introduction of any piece of legislation, substitute, or amendment
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for the purpose of afterwards becoming employed to secure its passage or defeat;
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(6) misappropriate or misuse legislative office supplies;
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(7) use legislative reproduction or facsimile machines without paying for that use;
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(8) enter or use a representative's, elected or appointed state official's, state employee's, or
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legislative employee's office, phone, computer, or parking space without explicit
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permission;
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(9) attempt to remove or remove any document from any representative's or legislative
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employee's office, desk, file cabinet, reproduction machine, facsimile machine, or any
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other place without explicit permission;
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(10) [engage in sexually harassing behavior or behavior violating the state's sexual
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harassment policy toward representatives or employees of the Legislature] engage in
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discriminatory conduct, as defined in Legislative Management Committee Policy E --
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Legislative Workplace Discrimination Prevention, toward a representative or legislative
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employee;
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(11) offer employment to a representative or legislative employee that impairs the
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representative's or legislative employee's independence of judgement as to their official
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duties;
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(12) offer employment that would require or induce a representative or legislative employee
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to disclose records classified as private, protected, or controlled;
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(13) use or disclose for personal financial gain any records classified as private, protected,
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or controlled that were obtained from a representative or legislative employee or
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conspire with any person for that purpose; or
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(14) induce or seek to induce a representative or legislative employee to commit a violation
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of any provision of this House rule.
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Section 9.  Effective Date.
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This resolution takes effect upon a successful vote for final passage.
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