Download Zipped Enrolled WP 6.1 HR0003.ZIP 10,404 Bytes
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]

H.R. 3 Enrolled

    

RESOLUTION AMENDING HOUSE RULES

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: John W. Hickman

    Greg J. Curtis
    Jeff Alexander
Steve Barth
Neal B. Hendrickson
Raymond W. Short
David Ure


    A RESOLUTION OF THE HOUSE OF REPRESENTATIVES MODIFYING COMMITTEE
    QUORUM REQUIREMENTS; MODIFYING RULES RELATING TO THE CONSENT
    CALENDAR AND MOTIONS TO CIRCLE; CLARIFYING HOUSE STANDING
    COMMITTEES; CLARIFYING RULES COMMITTEE RESPONSIBILITIES AND
    PROCEDURES; CLARIFYING MOTIONS THAT ARE IN ORDER IN HOUSE
    COMMITTEE MEETINGS; CLARIFYING ISSUES RELATING TO MOTIONS TO
    RECONSIDER IN COMMITTEE; MAKING TECHNICAL CORRECTIONS; AND
    PROVIDING AN EFFECTIVE DATE.
    This resolution affects legislative rules as follows:
    AMENDS:
         HR-24.01
         HR-24.05
         HR-24.11
         HR-24.24
         HR-25.14
         HR-27.07
         HR-32.01
         HR-32.02
         HR-32.03
    REPEALS:
         HR-27.17
    Be it resolved by the House of Representatives of the state of Utah:
        Section 1. HR-24.01 is amended to read:


         HR-24.01. House Rules Committee.
        All legislation introduced shall be submitted to the House Rules Committee.
        (1) (a) This committee has all the powers, functions, and duties of a standing committee
    when it:
        (i) prepares the House Rules and Joint Rules and presents them to the House before
    adjournment on the second day of each annual general session; or
        (ii) reviews all House Rules or Joint Rules resolutions.
        (b) Rules resolutions reviewed by House Rules Committee shall be reported directly to the
    House for its approval, amendment, or disapproval.
        (2) [Except as provided in Subsection (1), as to] For all [other] legislation not specified in
    Subsection (1) that is referred to the House Rules Committee, [this] the committee shall:
        (a) (i) examine each bill for proper form, including fiscal note and interim committee note,
    if any, and when in proper form order the bills printed; and
        (ii) in extraordinary circumstances, recommend to the House that a bill be printed without
    a fiscal note;
        (b) refer each bill to the House with a recommendation:
        (i) that the legislation be held in the House Rules Committee;
        (ii) that the legislation be referred to a standing committee for consideration; or
        (iii) that the legislation be read the second time and placed on the third reading calendar.
        (c) In carrying out the functions and responsibilities under Subsection (2), this committee
    may not:
        (i) table a bill without the written consent of the sponsor;
        (ii) report out any bill that has been tabled by a standing committee[, which bill has been
    referred to the House Rules Committee];
        (iii) amend a bill without the written consent of the sponsor;
        (iv) substitute a bill without the written consent of the sponsor; or
        (v) sponsor a bill, except for the revisor's bill.
        [(d)] (3) When this committee is carrying out the functions and responsibilities of Subsection

- 2 -


    (2), this committee shall:
        [(i) shall] (a) provide oral notice from the floor of the time and place of its next meeting or
    post written notice of its next meeting during a legislative session when oral notice is impractical
    or outside of a legislative session, 24 hour notice shall be given;
        [(ii) shall] (b) have as its agenda all bills in its possession for assignment to committee; and
        [(iii) shall] (c) prepare minutes [which] that include a record, by individual legislator, of
    votes taken[;].
        [(iv) shall be open to the public, however,] (4) Anyone may attend a meeting of the rules
    committee, but comments and discussion are limited to members of the committee.
        Section 2. HR-24.05 is amended to read:
         HR-24.05. Standing Committees.
        The Speaker shall appoint the following standing committees:
        (1) Business, Labor, and Economic Development;
        (2) Education;
        (3) Government Operations;
        (4) Health and [Environment] Human Services;
        (5) House Rules (Sifting);
        [(7)] (6) Judiciary;
        [(10) State and Local Affairs; and] (7) Law Enforcement and Criminal Justice;
        [(3) Energy,] (8) Natural Resources, [and] Agriculture, and Environment;
        (9) Political Subdivisions;
        [(6) Human Services] (10) Public Utilities and Technology;
        [(8)] (11) Retirement;
        [(9)] (12) Revenue and Taxation;
        [(11)] (13) Transportation [and Public Safety.]; and
        (14) Workforce Services.
        Section 3. HR-24.11 is amended to read:
         HR-24.11. Committee Attendance; Quorum.

- 3 -


        (1) A majority of any committee or subcommittee constitutes a quorum for the transaction
    of business.
        (2) (a) If a member of a committee fails to attend two consecutive meetings of a committee
    or subcommittee, that legislator's membership in the committee or subcommittee is not counted in
    determining a quorum, except for meetings the legislator actually attends.
        (b) The Speaker, Majority Leader, Majority Whip, Assistant Majority Whip, House Rules
    Committee Chair, House Appropriations Committee Chair, Minority Leader, Minority Whip, and
    Assistant Minority Whip, and the fourth member of leadership from the minority party are not
    counted in determining a quorum, except for meetings the legislator actually attends.
        Section 4. HR-24.24 is amended to read:
         HR-24.24. Motions.
        House Rules regarding motions govern committee meetings and hearings with the following
    [exception] exceptions:
        (1) A motion to strike the enacting clause is never in order.
        (2) A motion to circle is never in order. A bill may, however, be held in committee within
    the time limit imposed by HR-24.19.
        Section 5. HR-25.14 is amended to read:
         HR-25.14. Consent Calendar.
        (1) Standing committees may report a bill to the House with the recommendation that it be
    placed on the consent calendar if:
        (a) the sponsor has requested it; [and]
        (b) [the bill has received the unanimous recommendation of the committee when a quorum
    is present.] the committee has passed the bill out favorably by an unanimous vote with a quorum
    present; and
        (c) in a separate motion and vote, the committee has, with a quorum present, unanimously
    recommended that the bill be placed on the consent calendar.
        (2) [The] Upon adoption of the committee report by the House, the Chief Clerk of the
    House[, upon receipt of the committee report from the committee chairman,] shall place the bill on

- 4 -


    the consent calendar.
        (3) (a) [The sponsor of a bill on consent calendar may take two minutes to introduce and
    explain the bill.] Each day, the Speaker shall call the attention of the members of the House to the
    bills on the consent calendar and [inquire if there are] inform them that if they have any objections
    to any of these bills, they should register them with the Chief Clerk.
        (b) If objections are registered by six or more members of the House, the bill shall be
    removed from the consent calendar, and placed on the bottom of the third reading calendar.
        (c) No debate is in order on a bill on consent calendar.
        (4) If after three days during which the House has floor time, no more than five members
    have registered objections to the bill with the Chief Clerk[,]:
        (a) the bill shall be read the third time (cf. HR-27.16)[,];
        (b) the sponsor of the bill may take two minutes to introduce and explain the bill; and
        (c) the bill shall be placed before the House, and considered for final passage.
        Section 6. HR-27.07 is amended to read:
         HR-27.07. Motion to Circle.
        (1) A motion to circle any bill temporarily holds the bill in place on the calendar.
        (2) (a) A motion to circle preserves all amendments already adopted by the House.
        (b) A motion to circle extinguishes all amendments pending at the time that the motion is
    made.
        (3) When a motion to uncircle is made:
        (a) amendments already adopted by the House are part of the bill; and
        (b) any amendments that were being discussed at the time the bill was circled are
    extinguished and a new motion to amend must be made in order to revive them.
        Section 7. HR-32.01 is amended to read:
         HR-32.01. Floor Reconsideration Requires Majority Vote.
        (1) A motion to reconsider a vote on the final passage of a bill requires approval by a
    constitutional majority of Representatives.
        (2) Upon adoption of a motion to reconsider, the bill shall be placed at the top of the third

- 5 -


    reading calendar.
        (3) No bill may be reconsidered by the House of Representatives more than once.
        (4) This rule does not apply to a motion to reconsider made in a committee.
        Section 8. HR-32.02 is amended to read:
         HR-32.02. Motion to Reconsider.
        (1) (a) When a question has been decided on the floor of the House, any Representative
    voting with the prevailing side may:
        (i) move for reconsideration after intervening business[,]; or [may]
        (ii) give notice that the motion will be made.
        (b) If a motion for reconsideration is made on the floor of the House after a bill has left the
    possession of the House, the Chief Clerk shall request the bill be returned to the House.
        (c) A motion for reconsideration is [not in] out of order unless the motion is made [prior to
    adjournment of the next legislative day,]:
        (i) before the House adjourns on the legislative day after the action occurred upon which the
    reconsideration is sought; and
        (ii) by a Representative who previously served notice[, in the case of floor action, or the next
    committee meeting, in the case of committee action].
        (2) (a) When a question has been decided in a committee meeting, any Representative voting
    with the prevailing side may move for reconsideration after intervening business.
        (b) A motion for reconsideration of a motion disposing of a bill is out of order unless the
    motion is made at the same committee meeting at which the action occurred upon which the
    reconsideration is sought.
        (3) (a) On the House floor and in committee:
        (i) A motion to reconsider takes precedence over all other motions and questions, except a
    motion to adjourn.
        (ii) A motion to reconsider is only nondebatable if the action it seeks to reconsider is
    nondebatable.
        (iii) When a motion to reconsider is made, the proponents shall be given five minutes to

- 6 -


    address the issue, the opponents of the motion shall be given five minutes to address the issue, and
    the proponents shall be given one minute to sum up.
        (b) A floor motion to reconsider passage of a bill shall include the number and short title of
    the bill.
        Section 9. HR-32.03 is amended to read:
         HR-32.03. Notice of Motion to Reconsider -- Floor notice.
        (1) (a) When a Representative gives notice of intention to move for reconsideration of floor
    action, the [Minute] Journal Clerk shall record the notice in the journal.
        (b) The Chief Clerk shall retain the bill until the time for reconsideration has expired or the
    bill has been reconsidered.
        [(2) If a Representative gives notice of intention to move for reconsideration to the Chief
    Clerk, or if the Representative requests the circle to hold a bill or a motion is passed to hold a bill,
    that bill shall be held by the body in possession for at least 24 hours. A bill may be released earlier
    than this only if the body in possession of the bill, whether it is a committee or the House, is given
    prior public notice of the release.]
        (2) (a) The Chief Clerk shall ensure that the House retains possession of a bill for at least
    24 hours when:
        (i) a Representative gives notice of intention to move for reconsideration to the Chief Clerk;
        (ii) a Representative requests the circle to hold a bill; or
        (iii) a motion is passed to retain possession of a bill.
        (b) Notwithstanding the requirements of Subsection (2)(a), a bill may be released earlier than
    24 hours if the House is given prior public notice of the release.
        Section 10. Repealer.
        This act repeals:
        Rule HR-27.17, Holding a Bill.
        Section 11. Effective date.
        This resolution takes effect upon approval by a constitutional majority vote of all members
    of the House of Representatives.

- 7 -


    

- 8 -


[Bill Documents][Bills Directory]