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H.R. 3
This document includes House Committee Amendments incorporated into the bill on Fri,
Jan 29, 2010 at 10:53 AM by jeyring. -->
This document includes House Floor Amendments incorporated into the bill on Fri, Feb 5,
2010 at 11:50 AM by jeyring. -->
1
HOUSE RULES RESOLUTION -
2
RECODIFICATION AND REVISIONS
3
2010 GENERAL SESSION
4
STATE OF UTAH
5
Chief Sponsor: Ben C. Ferry
6
7
LONG TITLE
8
General Description:
9
This resolution recodifies and revises House Rules.
10
Highlighted Provisions:
11
This resolution:
12
. reorganizes, renumbers, and makes corrections and additions to House Rules.
13
Special Clauses:
14
None
15
Legislative Rules Affected:
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ENACTS:
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HR1-1-101
18
HR1-1-102
19
HR1-1-103
20
HR1-2-101
21
HR1-3-101
22
HR1-3-102
23
HR1-3-103
24
HR1-4-101
25
HR1-4-102
26
HR1-4-201
27
HR1-4-202
28
HR1-5-101
29
HR1-5-102
30
HR1-5-103
31
HR1-5-201
32
HR1-5-202
33
HR1-5-301
34
HR1-5-302
35
HR1-5-303
36
HR1-6-101
37
HR1-7-101
38
HR1-7-102
39
HR1-7-103
40
HR1-7-104
41
HR2-1-101
42
HR2-1-102
43
HR2-2-101
44
HR2-2-102
45
HR2-2-103
46
HR2-2-104
47
HR2-2-105
47a
H. HR2-2-106 .H
48
HR2-3-101
49
HR2-4-101
50
HR2-4-102
51
HR2-4-103
52
HR2-4-104
53
HR2-4-105
54
HR2-5-101
55
HR3-1-101
56
HR3-1-102
57
HR3-1-103
58
HR3-1-104
59
HR3-1-105
60
HR3-1-201
61
HR3-2-101
62
HR3-2-102
63
HR3-2-103
64
HR3-2-104
65
HR3-2-201
66
HR3-2-202
67
HR3-2-301
68
HR3-2-302
69
HR3-2-303
70
HR3-2-304
71
HR3-2-401
72
HR3-2-402
73
HR3-2-403
74
HR3-2-404
75
HR3-2-405
76
HR3-2-406
77
HR3-2-407
78
HR3-2-408
79
HR3-2-409
80
HR3-2-410
81
HR3-2-501
82
HR3-2-502
83
HR3-2-503
84
HR3-2-504
85
HR3-2-505
86
HR3-2-506
87
HR3-2-601
88
HR4-1-101
89
HR4-2-101
90
HR4-2-102
91
HR4-2-103
92
HR4-2-104
93
HR4-2-201
94
HR4-2-202
95
HR4-3-101
96
HR4-3-102
97
HR4-3-103
98
HR4-3-104
99
HR4-3-201
100
HR4-3-202
101
HR4-3-301
102
HR4-3-302
103
HR4-4-101
104
HR4-4-201
105
HR4-4-202
106
HR4-4-203
107
HR4-4-301
108
HR4-4-401
109
HR4-4-501
110
HR4-5-101
111
HR4-5-102
112
HR4-5-103
113
HR4-6-101
114
HR4-6-102
115
HR4-6-103
116
HR4-6-104
117
HR4-6-105
118
HR4-6-106
119
HR4-6-107
120
HR4-6-108
121
HR4-6-109
122
HR4-6-110
123
HR4-6-201
124
HR4-6-202
125
HR4-6-203
126
HR4-7-101
127
HR4-7-102
128
HR4-7-103
129
HR4-7-104
130
HR4-7-105
131
HR4-7-106
132
HR4-7-201
133
HR4-7-202
134
HR4-7-203
135
HR4-8-101
136
HR4-8-102
137
HR4-8-103
138
HR4-8-104
139
HR4-8-105
140
HR4-9-101
141
HR4-9-102
142
HR4-9-103
143
HR5-1-101
144
HR5-2-101
145
HR5-3-101
146
HR5-3-102
147
HR5-3-103
148
HR5-3-104
149
REPEALS:
150
HR-20.01
151
HR-20.02
152
HR-20.03
153
HR-20.04
154
HR-20.05
155
HR-20.06
156
HR-20.07
157
HR-20.08
158
HR-21.01
159
HR-21.02
160
HR-22.01
161
HR-22.02
162
HR-22.03
163
HR-22.04
164
HR-22.05
165
HR-22.06
166
HR-22.07
167
HR-22.08
168
HR-22.09
169
HR-22.10
170
HR-23.01
171
HR-23.02
172
HR-23.03
173
HR-23.04
174
HR-23.05
175
HR-23.06
176
HR-23.07
177
HR-23.08
178
HR-23.09
179
HR-23.10
180
HR-23.11
181
HR-23.13
182
HR-24.01
183
HR-24.02
184
HR-24.03
185
HR-24.05
186
HR-24.06
187
HR-24.07
188
HR-24.08
189
HR-24.09
190
HR-24.10
191
HR-24.11
192
HR-24.12
193
HR-24.14
194
HR-24.15
195
HR-24.16
196
HR-24.17
197
HR-24.18
198
HR-24.19
199
HR-24.20
200
HR-24.21
201
HR-24.22
202
HR-24.23
203
HR-24.24
204
HR-24.25
205
HR-24.26
206
HR-24.27
207
HR-24.28
208
HR-24.29
209
HR-24.30
210
HR-24.33
211
HR-25.01
212
HR-25.03
213
HR-25.04
214
HR-25.05
215
HR-25.08
216
HR-25.09
217
HR-25.10
218
HR-25.11
219
HR-25.12
220
HR-25.13
221
HR-25.14
222
HR-25.15
223
HR-26.01
224
HR-26.02
225
HR-27.01
226
HR-27.02
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HR-27.03
228
HR-27.04
229
HR-27.05
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HR-27.07
231
HR-27.08
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HR-27.09
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HR-27.10
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HR-27.11
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HR-27.12
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HR-27.13
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HR-27.14
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HR-27.15
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HR-27.16
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HR-27.17
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HR-28.01
242
HR-28.02
243
HR-28.03
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HR-28.04
245
HR-28.05
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HR-28.06
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HR-29.01
248
HR-29.02
249
HR-29.03
250
HR-29.04
251
HR-29.05
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HR-29.06
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HR-30.01
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HR-30.02
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HR-30.03
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HR-30.04
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HR-30.05
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HR-30.06
259
HR-30.07
260
HR-30.08
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HR-30.09
262
HR-31.01
263
HR-31.02
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HR-31.03
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HR-31.04
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HR-31.05
267
HR-31.06
268
HR-32.01
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HR-32.02
270
HR-32.03
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HR-32.04
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HR-33.01
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HR-33.02
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HR-33.03
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HR-33.04
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HR-33.05
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HR-33.06
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HR-34.01
279
HR-34.02
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HR-34.03
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HR-35.01
282
HR-36.01
283
HR-36.03
284
HR-36.04
285
HR-36.05
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HR-37.10
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HR-38.01
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HR-38.02
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HR-38.03
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HR-38.04
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HR-38.05
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HR-38.06
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HR-38.07
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Be it resolved by the House of Representatives of the state of Utah:
296
Section 1.
HR1-1-101
is enacted to read:
297
TITLE 1. RULES GOVERNING ORGANIZATION AND MANAGEMENT OF THE
298
UTAH HOUSE OF REPRESENTATIVES
299
CHAPTER 1. ADOPTION OF RULES AND PRACTICES
300
HR1-1-101. Adoption, Amendment, or Suspension of House Rules.
301
(1) The House of Representatives shall adopt House rules at the beginning of each
302
legislative session by a constitutional two-thirds vote.
303
(2) Except as provided in this Subsection (2) and in Subsection (3), after the initial
304
adoption of House rules, additional rules may be adopted or existing rules may be suspended,
305
amended, or repealed by a majority vote, except the following, which require a two-thirds vote
306
to adopt, suspend, amend, or repeal:
307
(a) rules governing limitation of debate;
308
(b) rules governing a motion to end debate (call the previous question);
309
(c) rules governing motions for lifting tabled legislation from committee;
310
(d) rules governing consideration of legislation during the last three days of a session;
311
and
312
(e) rules governing voting in Title 4, Chapter 7, Voting.
313
(3) (a) A rule that includes a voting requirement of more than a constitutional majority
314
must be adopted and may only be amended, suspended, or repealed by a constitutional
315
two-thirds vote of all Representatives.
316
(b) If the suspension of any House Rule is governed by the Utah Constitution or Utah
317
statutes, the House may suspend that rule only as provided by that constitutional or statutory
318
provision.
319
Section 2.
HR1-1-102
is enacted to read:
320
HR1-1-102. Constitutional Motion.
321
At the beginning of each session of the House, before the reading of any piece of
322
legislation, the House Rules Committee chair shall make the following motion:
323
"Mr. (Madam) Speaker, as allowed by the Utah Constitution and the Joint Rules of the
324
Legislature, I move that the House continue its practice of reading only the short title of bills
325
and resolutions as they are introduced or considered on a House calendar and not read the long
326
title of the bills and resolutions unless a majority of the House directs the reading of the long
327
title, short title, or both of any House or Senate bill or resolution."
328
Section 3.
HR1-1-103
is enacted to read:
329
HR1-1-103. Mason's Manual of Legislative Procedure -- Reference.
330
In addition to House Rules and other applicable legislative rules, the presiding officer
331
may use Mason's Manual of Legislative Procedure as a reference when a question arises about
332
parliamentary practice, legislative process, or legislative procedure that is not resolved by
333
reference to legislative rules.
334
Section 4.
HR1-2-101
is enacted to read:
335
CHAPTER 2. INITIAL ORGANIZATION
336
HR1-2-101. Calling the House to Order.
337
(1) Except as provided in Subsection (2), on the first day of each annual general
338
session of the Legislature during odd-numbered years, the person whose term as Speaker of the
339
House most recently expired shall call the House to order and preside until the Representatives
340
have taken the oath of office and elected a new Speaker.
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(2) If the Speaker-elect was Speaker during the previous Legislature or if the former
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Speaker is unavailable, the Speaker-elect shall designate a person to call the House to order and
343
preside until the Representatives have taken the oath of office and elected a Speaker.
344
Section 5.
HR1-3-101
is enacted to read:
345
CHAPTER 3. SPEAKER OF THE HOUSE
346
HR1-3-101. Election of Speaker.
347
The House of Representatives shall elect a Speaker from among its members to perform
348
the duties established by this chapter.
349
Section 6.
HR1-3-102
is enacted to read:
350
HR1-3-102. Duties of the Speaker.
351
(1) The general duties of the Speaker are to:
352
(a) call the House to order at the time scheduled for convening, and proceed with the
353
daily order of business;
354
(b) announce the business before the House in the order that it is to be acted upon;
355
(c) receive and submit in the proper manner all motions and proposals presented by
356
Representatives;
357
(d) put to a vote all questions that arise in the course of proceedings, and announce the
358
results of the vote;
359
(e) enforce the House Rules governing debates;
360
(f) enforce observance of order and decorum;
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(g) inform the House on any point of order or practice;
362
(h) receive and announce to the House any official messages and communications;
363
(i) sign all acts, orders, and proceedings of the House;
364
(j) appoint the members of committees;
365
(k) assign responsibilities to, and supervise the officers and employees of, the House;
366
(l) assign places and determine access for news media representatives; and
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(m) represent the House, declaring its will and obeying its commands.
368
(2) The Speaker shall:
369
(a) sign, or authorize a designee to sign, all requisitions on the Division of Finance to
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pay House expenses; and
371
(b) give final approval of all expenditure requests as authorized by the majority and
372
minority leaders of the House, including per diem compensation, travel expenses, and expenses
373
for in-state and out-of-state travel on legislative business.
374
Section 7.
HR1-3-103
is enacted to read:
375
HR1-3-103. Temporary Presiding Officer in Speaker's Absence.
376
(1) (a) The Speaker shall name a Representative to act as Speaker Pro Tempore during
377
the absence of the Speaker.
378
(b) If an interim vacancy in the office of Speaker occurs because of the death,
379
resignation, or disability of the Speaker, the Speaker Pro Tempore shall conduct the necessary
380
business of the House only until an election is held by the House to fill the vacancy.
381
(2) Notwithstanding Subsection (1), the Speaker may name any other Representative to
382
perform the duties of presiding officer for a period not to exceed one legislative day.
383
(3) If the Speaker and the Speaker Pro Tempore are absent at the time the session is
384
scheduled to convene, and the Speaker has not designated another Representative to perform
385
the duties of presiding officer, the Representative of the majority party who is senior in House
386
service shall call the House to order and preside until one of them returns.
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(4) The Speaker Pro Tempore, and each Representative authorized to preside by the
388
Speaker or this rule, has all the powers and responsibilities of the Speaker while presiding.
389
Section 8.
HR1-4-101
is enacted to read:
390
CHAPTER 4. OTHER HOUSE OFFICERS
391
Part 1. Chief Clerk
392
HR1-4-101. Appointment of Chief Clerk.
393
The Speaker or Speaker-elect of the House shall appoint a person to serve as Chief
394
Clerk of the Utah House of Representatives.
395
Section 9.
HR1-4-102
is enacted to read:
396
HR1-4-102. Duties of the Chief Clerk.
397
The general duties of the Chief Clerk are to:
398
(1) act as chief administrative officer of the House, subject to direction by the Speaker
399
of the House;
400
(2) certify and transmit legislation to the Senate and inform the Senate of all House
401
action;
402
(3) assist in the preparation of the House Journal and certify it as an accurate reflection
403
of House action;
404
(4) make the following technical corrections to legislation either before or following
405
final passage:
406
(a) correct the spelling of words;
407
(b) correct the erroneous division and hyphenation of words;
408
(c) correct mistakes in numbering sections and their references;
409
(d) capitalize words or change capitalized words to lower case;
410
(e) change numbers from words to figures or from figures to words; and
411
(f) underscore or remove underscoring in legislation without a motion to amend;
412
(5) modify the long title of a piece of legislation to ensure that the long title accurately
413
reflects any changes to the legislation made by amendment or substitute;
414
(6) supervise all House of Representatives' non-partisan personnel H. during a
414a
session .H and assign them
415
duties and responsibilities;
416
(7) keep a record of the attendance of H. [
all House of Representatives' employees
] each
416a
in-session employee .H and
417
ensure that H. [
any
] each .H in-session employee H. [
who is absent is not paid for the days of
417a
absence
] is paid only for hours worked .H ;
418
(8) be the custodian of all official documents;
419
(9) receive all numbered legislation from the Office of Legislative Research and
420
General Counsel;
421
(10) record the number, title, sponsor, each action, and final disposition of each piece
422
of legislation on the legislation;
423
(11) prepare and distribute the daily order of business each day;
424
(12) advise the Speaker on parliamentary procedure, constitutional requirements, and
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Joint and House Rules;
426
(13) assist with amendments to legislation;
427
(14) record votes and present the results to the Speaker;
428
(15) transmit all enrolled House bills and House concurrent resolutions to the
429
Governor;
430
(16) approve material for placement on the Representatives' desks if a Representative
431
has authorized that distribution;
432
(17) maintain all calendars for the House floor; and
433
(18) record the votes of any member who is present in the House chamber who
434
requests assistance of the Chief Clerk.
435
Section 10.
HR1-4-201
is enacted to read:
436
Part 2. Sergeant at Arms.
437
HR1-4-201. Appointment of Sergeant-at-Arms.
438
The Speaker or Speaker-elect of the House shall appoint a person to serve as
439
Sergeant-at-Arms of the Utah House of Representatives.
440
Section 11.
HR1-4-202
is enacted to read:
441
HR1-4-202. Duties of the Sergeant-at-Arms.
442
The Sergeant-at-Arms and the employees under the Sergeant's direction shall:
443
(1) maintain security;
444
(2) enforce the House Rules at the direction of the presiding officer of the House;
445
(3) enforce the provision of Utah Code Title 26, Chapter 38, Utah Indoor Clean Air
446
Act, in areas controlled by the House; and
447
(4) provide other service as requested by the Chief Clerk or the Speaker.
448
Section 12.
HR1-5-101
is enacted to read:
449
CHAPTER 5. SCHEDULE FOR THE HOUSE OF REPRESENTATIVES
450
Part 1. Convening and Daily Schedule
451
HR1-5-101. Hour of Meeting.
452
During the regular general session, the House shall meet at 10:00 a.m. daily except
453
Saturdays and Sundays, unless otherwise announced by the presiding officer.
454
Section 13.
HR1-5-102
is enacted to read:
455
HR1-5-102. Roll Call -- Quorum.
456
(1) The presiding officer or the presiding officer's designee shall:
457
(a) take a roll call of Representatives at the beginning of each day's session; and
458
(b) ensure that the names of those present and absent are recorded in the journal.
459
(2) (a) The House may not begin House business until a constitutional majority of
460
Representatives are present as a quorum.
461
(b) Notwithstanding Subsection (2)(a), less than a majority of Representatives may:
462
(i) convene each day; and
463
(ii) compel the attendance of absent members.
464
Section 14.
HR1-5-103
is enacted to read:
465
HR1-5-103. Daily Order of Business.
466
(1) The daily order of business is:
467
(a) call to order by the presiding officer;
468
(b) prayer and Pledge of Allegiance;
469
(c) roll call;
470
(d) announcement of excused absences;
471
(e) communications from the Governor;
472
(f) communications from the Senate;
473
(g) reports from committees;
474
(h) introduction of legislation given to the Chief Clerk at least one hour before the
475
beginning of the session for inclusion in that day's agenda;
476
(i) unfinished business;
477
(j) consideration of legislation on consent calendar;
478
(k) consideration of legislation on the concurrence calendar;
479
(l) consideration of legislation on the third reading calendars; and
480
(m) miscellaneous business.
481
(2) With the approval of a constitutional majority of Representatives, the House may,
482
at any time, proceed out of order to any business.
483
(3) The presiding officer shall decide all questions of priority of House business
484
without debate.
485
Section 15.
HR1-5-201
is enacted to read:
486
Part 2. Guest Speakers and Executive Sessions
487
HR1-5-201. Scheduling Guest Speakers.
488
(1) As used in this rule:
489
(a) "Guest speaker" means a person who is scheduled to address the House of
490
Representatives who is not a Representative.
491
(b) "Guest speaker" does not include:
492
(i) a person who is called to address the House on a particular piece of legislation or
493
issue under consideration by the House; or
494
(ii) a Representative's introduction or acknowledgment of a visitor or special guest who
495
does not address the House.
496
(2) Before a guest speaker may address the House, the Chief Clerk, under the direction
497
of the Speaker, must schedule the guest speaker for a time certain on the House Daily Order of
498
Business.
499
Section 16.
HR1-5-202
is enacted to read:
500
HR1-5-202. Executive Session.
501
(1) When the House of Representatives approves a motion to go into executive session,
502
the Sergeant-at-Arms shall close the House chamber doors.
503
(2) The presiding officer may require that all persons, except the Representatives,
504
Chief Clerk, Journal Clerk, and Sergeant-at-Arms leave the chamber.
505
(3) During the executive session, everyone present must remain within the chamber.
506
(4) Everyone present shall keep all matters discussed in executive session confidential.
507
Section 17.
HR1-5-301
is enacted to read:
508
Part 3. Miscellaneous Requirements Relating to the House Schedule
509
HR1-5-301. Special Order of Business -- Time Certain.
510
(1) (a) A Representative may make a motion, or the House Rules committee may
511
recommend, that a piece of legislation become a special order of business on the time certain
512
calendar.
513
(b) If the motion is approved by a majority of the members present, the Chief Clerk
514
shall place the legislation on the time certain calendar.
515
(2) At the time set for consideration of the legislation, the presiding officer shall place
516
the legislation before the House.
517
Section 18.
HR1-5-302
is enacted to read:
518
HR1-5-302. Messages and Reports Received at any Time.
519
The presiding officer may present communications from the Governor, the Senate,
520
other state officers, and the House Rules Committee at any time, unless the presiding officer is
521
presenting a question or a vote is being taken.
522
Section 19.
HR1-5-303
is enacted to read:
523
HR1-5-303. Unfinished Business.
524
When the House has unfinished business at the time of recess or adjournment, that
525
unfinished business has priority on the daily order of business on the next legislative day.
526
Section 20.
HR1-6-101
is enacted to read:
527
CHAPTER 6. IMPEACHMENT
528
HR1-6-101. Impeachment.
529
If any Representative submits a resolution to the House to begin impeachment
530
proceedings, the House shall adopt, by constitutional majority vote, policies establishing
531
procedures for, and governing the conduct of, the impeachment process.
532
Section 21.
HR1-7-101
is enacted to read:
533
CHAPTER 7. COMMENDING OR EXPRESSING CONDOLENCES TO UTAH
534
CITIZEN
535
HR1-7-101. Commendation or Condolence Citations -- Types of Citations -- Use
536
of Citations.
537
(1) As used in this chapter:
538
(a) (i) "Citation" means a certificate issued to honor or commend an individual or
539
group, or to express condolences to the family of a deceased individual.
540
(ii) "Citation" includes a legislator citation, a House of Representatives citation, and a
541
Utah Legislature citation.
542
(b) "House of Representatives citation" means a citation issued on behalf of the Utah
543
House of Representatives.
544
(c) "Legislator citation" means a citation issued on behalf of an individual
545
Representative.
546
(d) "Utah Legislature citation" means a citation issued on behalf of both houses of the
547
Utah Legislature.
548
(2) Representatives shall use a citation to express the commendation or condolence of a
549
Representative, the Utah House of Representatives, or the Utah Legislature.
550
Section 22.
HR1-7-102
is enacted to read:
551
HR1-7-102. Obtaining a Legislator Citation.
552
(1) With the approval of the presiding officer, a Representative may request that the
553
Chief Clerk of the House prepare a citation for the Representative's own signature.
554
(2) A Legislator citation does not require any floor action by the House of
555
Representatives.
556
Section 23.
HR1-7-103
is enacted to read:
557
HR1-7-103. Obtaining a House of Representatives Citation.
558
(1) During any legislative session, a Representative may:
559
(a) request that the Chief Clerk of the House prepare a citation for the Representative's
560
signature; and
561
(b) after requesting and receiving permission for personal privilege, make a motion on
562
the floor of the House to:
563
(i) approve the citation; and
564
(ii) authorize the Speaker of the House to sign the citation on behalf of the House of
565
Representatives.
566
(2) When the Legislature is not in session, a Representative may request a citation for
567
the sponsor's and the Speaker's signature.
568
Section 24.
HR1-7-104
is enacted to read:
569
HR1-7-104. Obtaining a Utah Legislature citation.
570
(1) During any legislative session, a Representative may:
571
(a) request that the Chief Clerk of the House prepare a citation for the Representative's
572
signature; and
573
(b) after requesting and receiving permission for personal privilege, make a motion of
574
the floor of the House to:
575
(i) approve the citation;
576
(ii) authorize the Speaker of the House to sign the citation on behalf of the House of
577
Representatives; and
578
(iii) present the proposed citation to the Senate for its approval.
579
(2) When the Legislature is not in session, a Representative may request a citation for
580
the sponsor's and the Speaker's and the President's signature.
581
Section 25.
HR2-1-101
is enacted to read:
582
TITLE 2. RULES GOVERNING ATTENDANCE, BEHAVIOR, AND DECORUM IN
583
THE UTAH HOUSE OF REPRESENTATIVES
584
CHAPTER 1. ATTENDANCE
585
HR2-1-101. Representatives Shall be Present.
586
A member of the Utah House of Representatives shall be present within the House
587
chamber during a session of the House, unless excused or unavoidably absent.
588
Section 26.
HR2-1-102
is enacted to read:
589
HR2-1-102. Absent Representatives.
590
If a quorum of the Utah House of Representatives is not present at the time the House is
591
scheduled to convene, the presiding officer or the presiding officer's designee shall direct the
592
Sergeant-at-Arms to:
593
(1) find sufficient absent Representatives to make a quorum for the transaction of
594
business; and
595
(2) escort them to the chamber.
596
Section 27.
HR2-2-101
is enacted to read:
597
CHAPTER 2. DECORUM
598
HR2-2-101. Speaker to Maintain Order.
599
The Speaker or presiding officer shall maintain order and decorum during sessions of
600
the House.
601
Section 28.
HR2-2-102
is enacted to read:
602
HR2-2-102. Breaches of the Order of the House.
603
(1) The Speaker or presiding officer may call a Representative to order if the
604
Representative is speaking impertinently, superfluously, tediously, or irrelevantly.
605
(2) If called to order, the Representative shall sit down, unless granted permission to
606
explain the speech.
607
Section 29.
HR2-2-103
is enacted to read:
608
HR2-2-103. Disorderly Conduct in House.
609
(1) The Speaker or presiding officer may order the House areas or gallery cleared if a
610
disturbance occurs.
611
(2) The Sergeant-at-Arms shall enforce this rule in the areas controlled by the House.
612
Section 30.
HR2-2-104
is enacted to read:
613
HR2-2-104. Impugning Motives of a Representative.
614
(1) A Representative may not impugn the motives of any other Representative either on
615
the floor of the House or in committee.
616
(2) A Representative who believes that the motives of any Representative has been
617
impugned by another Representative may raise a point of order.
618
Section 31.
HR2-2-105
is enacted to read:
619
HR2-2-105. Movement out of and within the House Chamber.
620
(1) When the Speaker or presiding officer is presenting a question, a Representative
621
may not leave the House chamber.
622
(2) When a Representative is speaking, no person may walk between the
623
Representative and the Speaker or presiding officer.
623a
H. Section 31a. HR2-2-106 is enacted to read:
623b
HR2-2-106. Smoking and electronic cigarettes prohibited
623c
(1) As used in this section, "electronic cigarette" means any device, other than a
623d
combustible cigarette or cigar, intended to deliver vapor containing nicotine into a person's
623e
respiratory system.
623f
(2) A person may not smoke or use an electronic cigarette in the House chamber or
623g
other house controlled areas.
623h
(3) The sergeant at arms shall enforce this rule. .H
624
Section 32.
HR2-3-101
is enacted to read:
625
CHAPTER 3. CONFLICTS OF INTEREST
626
HR2-3-101. Reporting Conflicts of Interest.
627
(1) (a) Except as provided in Subsection (1)(b), a Representative satisfies the
628
requirement of Utah Code Section
76-8-109
to disclose a conflict of interest by filing the
629
Declaration of Conflict of Interest form required by JR6-1-201 with the Chief Clerk of the
630
House.
631
(b) (i) In addition to the Declaration of Conflict of Interest form required by Section
632
76-8-109
and JR6-1-201, before or during any vote on legislation or any legislative matter in
633
which a Representative has actual knowledge that the Representative has a conflict of interest
634
that is not stated on the conflict of interest form, that Representative shall orally declare to the
635
committee or body before which the matter is pending that the Representative may have a
636
conflict of interest and what that conflict is.
637
(ii) The declaration of conflict of interest shall be noted in the minutes of any
638
committee meeting or in the Senate or House Journal.
639
(2) (a) Before speaking on the floor of the House on any legislation or legislative
640
matter in which a Representative reasonably believes that the Representative may have a
641
conflict of interest, the Representative should orally disclose to the House that the
642
Representative may have a conflict of interest and what that conflict is.
643
(b) The Chief Clerk shall ensure that the declaration of the conflict of interest is noted
644
in the House Journal.
645
(3) Nothing in this House rule requires a Representative with a conflict of interest on
646
legislation or a legislative matter pending before the House to orally disclose that conflict of
647
interest if the Representative does not speak on the legislation or legislative matter and the
648
conflict has been disclosed on the Representative's conflict of interest form.
649
Section 33.
HR2-4-101
is enacted to read:
650
CHAPTER 4. GENERAL RULES GOVERNING THE HOUSE FLOOR
651
HR2-4-101. Admittance to House Chamber.
652
(1) As used in this rule:
653
(a) "Former legislator" means a person who is not a current member of the Legislature,
654
but who served in the Utah House or Utah Senate at one time.
655
(b) "Governor's staff" means:
656
(i) a person employed directly by the Office of the Governor or the Office of the
657
Lieutenant Governor; and
658
(ii) the director of the Office of Planning and Budget.
659
(c) "Guest" means a person who is not a legislator, legislative employee, a member of
660
professional legislative staff, an intern, a lobbyist, the governor, or the lieutenant governor.
661
(d) "House conference rooms" means one of the conference rooms adjacent to the
662
House lounge, Speaker's office, or the majority caucus room.
663
(e) "House halls" means the passageways that allow access to:
664
(i) the House chamber;
665
(ii) the House lounge;
666
(iii) the House offices; and
667
(iv) other areas behind and adjoining the House chamber.
668
(f) (i) "House offices" means the offices behind and adjacent to the House chamber and
669
the reception areas connected to them.
670
(ii) "House offices" includes each House conference room.
671
(g) (i) "House space" means the House chamber, House lounge, House offices, the
672
House halls, and the other areas behind and adjoining the House chamber.
673
(ii) "House space" does not mean the common public space outside the front of the
674
House chamber.
675
(h) "Immediate family" means any parent, spouse, child, grandparent, grandchild,
676
great-grandparent, great-grandchild, or sibling of a member of the House who is not a lobbyist.
677
(i) "Intern" means a person who is an official participant in the intern program
678
sponsored by the Utah Legislature.
679
(j) "Legislative employee" means persons employed directly by the House or Senate.
680
(k) (i) "Lobbyist" means either:
681
(A) a person required to register as a lobbyist by Section
36-11-103
; or
682
(B) a person who is seeking to influence any legislator to vote for or vote against any
683
legislation.
684
(ii) "Lobbyist" does not mean the governor or lieutenant governor.
685
(l) "Professional legislative staff" means persons employed by the Office of Legislative
686
Research and General Counsel, the Office of Legislative Fiscal Analyst, the Office of the
687
Legislative Auditor General, and the Office of Legislative Printing.
688
(2) (a) While the House is convened in annual general session or special session and
689
except as provided in Subsections (2)(b), (c), (d), and (e):
690
(i) only legislators, legislative employees, professional legislative staff, interns, former
691
legislators who are not lobbyists, the governor, and the lieutenant governor are allowed in the
692
House chamber; and
693
(ii) a Representative may have no more than one guest in the House chamber at any
694
one time.
695
(b) A Representative may invite only one of the following to sit next to the
696
Representative in the House chamber:
697
(i) a member of the Representative's immediate family;
698
(ii) another legislator;
699
(iii) a legislative employee;
700
(iv) a member of professional legislative staff; or
701
(v) an intern.
702
(c) The Speaker or the Speaker's designee may authorize special guests to be present in
703
the chamber or to sit with a Representative.
704
(d) (i) Except as provided in Subsection (2)(d)(ii), lobbyists do not have access to the
705
floor of the House.
706
(ii) (A) The Representative sponsoring a piece of legislation being debated by the
707
House may invite one lobbyist with expertise on the legislation being considered to be present
708
in the chamber.
709
(B) The Representative shall inform the Sergeant-at-Arms that the lobbyist is present.
710
(C) The Representative shall ensure that the lobbyist is seated on a bench in the rear of
711
the chamber during the presentation and debate on the legislation.
712
(D) If, during the course of debate on the legislation, the Representative needs the
713
assistance of the lobbyist, the Representative may request the permission of the Speaker to
714
have the lobbyist approach the Representative sponsoring the legislation to provide the needed
715
information.
716
(E) When the House moves to another item of business, the lobbyist shall leave the
717
House floor.
718
(e) Representatives who invite guests who are not lobbyists into the chamber shall:
719
(i) unless the guest is authorized by this rule to sit next to the Representative, ensure
720
that the guest sits on a bench in the rear of the chamber; and
721
(ii) inform the guest that they may stay only for a short visit not to exceed one hour.
722
(f) Representatives who are visited by groups shall arrange with the Sergeant-at-Arms
723
for them to be seated in the gallery.
724
(3) (a) While the House is convened in annual general session or special session and
725
except as provided in Subsection (3)(b), only legislators, legislative employees, professional
726
legislative staff, immediate family, interns, former legislators who are not lobbyists, the
727
governor, the lieutenant governor, and the governor's staff are allowed in the House lounge.
728
(b) (i) A Representative may invite a small number of lobbyists or guests to meet with
729
the Representative in the House lounge to educate them about the legislative process or to
730
discuss specific legislative issues.
731
(ii) The Representative shall ensure that the lobbyists and guests leave the House space
732
when the meeting is over.
733
(4) (a) While the House is convened in annual general session or special session and
734
except as provided in Subsection (4)(b), only legislators, legislative employees, professional
735
legislative staff, immediate family, interns, and former legislators who are not lobbyists are
736
allowed in the House offices.
737
(b) (i) A Representative may invite a small number of lobbyists or guests to meet with
738
the Representative in the Representative's House office or a House conference room to discuss
739
specific legislative issues.
740
(ii) The Representative shall ensure that the lobbyists and guests leave the House space
741
when the meeting is over.
742
(5) (a) While the House is convened as a body in House chambers, and except as
743
provided in Subsection (5)(b), only the following persons are allowed in the House halls:
744
(i) legislators;
745
(ii) legislative employees;
746
(iii) professional legislative staff;
747
(iv) interns;
748
(v) former legislators who are not lobbyists;
749
(vi) the governor; and
750
(vii) the lieutenant governor.
751
(b) Immediate family, lobbyists, and guests in transit to the House chamber, House
752
lounge, or House offices may pass through the House halls.
753
(6) The Sergeant-at-Arms, under the direction of the Speaker, shall enforce the
754
requirements of this rule.
755
Section 34.
HR2-4-102
is enacted to read:
756
HR2-4-102. Representatives' Chairs Not To Be Occupied by Others.
757
When the House is convened in session, no one other than the Speaker or a member
758
may occupy the chair or use the desk of the Speaker or any Representative.
759
Section 35.
HR2-4-103
is enacted to read:
760
HR2-4-103. Lobbying Prohibited.
761
Lobbying is not permitted in the House chamber.
762
Section 36.
HR2-4-104
is enacted to read:
763
HR2-4-104. Recognition of Visiting Groups and Individuals.
764
(1) The presiding officer may recognize visiting groups and individuals.
765
(2) A Representative who requests and receives personal privilege from the Speaker or
766
the Speaker's designee may introduce visiting groups or individuals.
767
Section 37.
HR2-4-105
is enacted to read:
768
HR2-4-105. News Media.
769
(1) (a) News media with House press credentials shall be admitted to the House
770
chamber, halls, lounge, and committee rooms.
771
(b) While the House is convened in House chambers, news media representatives shall
772
remain in the area designated for the news media and may not enter the floor of the House, the
773
circle, or the Speaker's dais.
774
(2) With permission of the Speaker or the Speaker's designee, the news media may
775
conduct and record interviews in the House lounge, halls, available committee rooms, or in the
776
House chamber or gallery.
777
(3) The news media shall also comply with the other provisions in HR2-4-102 and
778
HR2-4-103.
779
(4) The Sergeant-at-Arms, under the direction of the Speaker, shall enforce the
780
requirements of this rule.
781
Section 38.
HR2-5-101
is enacted to read:
782
CHAPTER 5. RULES GOVERNING SPONSORING LEGISLATION
783
HR2-5-101. Representatives May Request and Sponsor Legislation -- Substituting
784
a Sponsor -- Withdrawing as a Cosponsor.
785
(1) A Representative may request and sponsor legislation as provided in Joint Rules
786
Title 4, Bills and Resolutions.
787
(2) (a) After a piece of legislation has been introduced, the chief Representative
788
sponsor of the legislation may withdraw from sponsoring the legislation by:
789
(i) finding another Representative to act as chief sponsor of the legislation; and
790
(ii) filing a substitution of sponsorship form with the Chief Clerk before final passage
791
of the legislation in the House.
792
(b) A Representative seeking to withdraw as the chief sponsor need not obtain
793
permission from the House to withdraw.
794
(3) (a) Before final passage of the legislation in the House, a Representative cosponsor
795
of a bill may withdraw as a cosponsor of that legislation.
796
(b) A Representative seeking to withdraw as a cosponsor need not:
797
(i) obtain permission from the House to withdraw; or
798
(ii) provide a substitute cosponsor for the legislation.
799
Section 39.
HR3-1-101
is enacted to read:
800
TITLE 3. RULES GOVERNING THE RULES COMMITTEE AND THE STANDING
801
COMMITTEES OF THE UTAH HOUSE OF REPRESENTATIVES
802
CHAPTER 1. HOUSE RULES COMMITTEE AND OTHER SPECIAL
803
COMMITTEES
804
Part 1. House Rules Committee
805
HR3-1-101. House Rules Committee -- Appointment -- General Responsibilities.
806
(1) The Speaker shall appoint members of the House of Representatives to serve on the
807
House Rules Committee.
808
(2) The House Rules Committee shall perform the following functions as further
809
elaborated in this part:
810
(a) receive introduced legislation from the House and recommend that the legislation
811
be assigned to a House standing committee or to the House third reading calendar;
812
(b) receive legislation from the House that has been sent back to the House Rules
813
Committee from the third reading calendar, and recommend to the House which legislation
814
should be assigned to the third reading calendar and the order in which it should be heard; and
815
(c) function as a standing committee or interim committee when reviewing Joint Rules,
816
Interim Rules, and House Rules.
817
Section 40.
HR3-1-102
is enacted to read:
818
HR3-1-102. House Rules Committee -- Assignment duties.
819
(1) The presiding officer shall submit all legislation introduced in the House of
820
Representatives to the House Rules Committee.
821
(2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
822
Committee, the committee shall:
823
(a) (i) examine the legislation for proper form, including fiscal note and interim
824
committee note, if any; and
825
(b) either:
826
(i) refer legislation to the House with a recommendation:
827
(A) that the legislation be referred to a standing committee for consideration; or
828
(B) that the legislation be read the second time and placed on the third reading
829
calendar; or
830
(ii) hold the legislation.
831
(c) If the chair of the House Rules Committee receives a summary report from the
832
Occupational and Professional Licensure Review Committee related to newly regulating an
833
occupation or profession within the two calendar years immediately preceding the session in
834
which a piece of legislation is introduced related to the regulation by the Division of
835
Occupational and Professional Licensing of that occupation or profession:
836
(i) the chair of the House Rules Committee shall ensure that the House Rules
837
Committee is informed of the summary report before the House Rules Committee takes action
838
on the legislation; and
839
(ii) if the House Rules Committee refers the legislation to the House as provided for in
840
Subsection (2)(a)(i):
841
(A) the Office of Legislative Research and General Counsel shall make the summary
842
report reasonably available to the public and to legislators; and
843
(B) if the legislation is referred to a standing committee, the House Rules Committee
844
shall forward the summary report to the standing committee.
845
(3) In carrying out its functions and responsibilities under this rule, the House Rules
846
Committee may not:
847
(a) table legislation without the written consent of the sponsor;
848
(b) report out any legislation that has been tabled by a standing committee;
849
(c) amend legislation without the written consent of the sponsor; or
850
(d) substitute legislation without the written consent of the sponsor.
851
(4) The House Rules Committee may recommend a time certain for floor consideration
852
of any legislation when it is reported out of the House Rules Committee, or at any other time.
853
(5) When the committee is carrying out its functions and responsibilities under this
854
rule, the committee shall:
855
(a) during a legislative session, give notice of its meetings by either:
856
(i) providing oral notice from the House floor of the time and place of its next meeting;
857
or
858
(ii) when oral notice is impractical, post written notice of its next meeting;
859
(b) when the Legislature is not in session, post a notice of meeting at least 24 hours
860
before the meeting convenes;
861
(c) have as its agenda all legislation in its possession for assignment to committee or to
862
the House calendars; and
863
(d) prepare minutes that include a record, by individual Representative, of votes taken.
864
(6) Anyone may attend a meeting of the rules committee, but comments and discussion
865
are limited to members of the committee and the committee's staff.
866
Section 41.
HR3-1-103
is enacted to read:
867
HR3-1-103. House Rules Committee -Standing and Interim Committee duties.
868
(1) (a) The House Rules Committee has all the powers, functions, and duties of a
869
standing committee or interim committee when it:
870
(i) prepares the House Rules, Interim Rules, and Joint Rules and presents them to the
871
House before adjournment on the second day of each annual general session; or
872
(ii) reviews all proposed House Rules, Interim Rules, or Joint Rules resolutions.
873
(2) Any rules resolutions reviewed and approved by the House Rules Committee may
874
be reported directly to the House for its approval, amendment, or disapproval.
875
(3) When meeting as a standing committee or interim committee under this rule,
876
persons other than committee members may address the committee at the discretion of the
877
chair.
878
(4) When meeting as a standing committee or interim committee under this rule, the
879
House Rules Committee shall comply with the provisions of Utah Code Title 52, Chapter 4,
880
Open and Public Meetings Act.
881
Section 42.
HR3-1-104
is enacted to read:
882
HR3-1-104. Rules Committee Duties During Sifting.
883
(1) Upon motion from the floor, the House Rules Committee shall prioritize legislation
884
for floor action and review and update this priority as necessary for the calendars.
885
(2) The House Rules Committee may recommend a time certain for floor consideration
886
of any legislation when it is reported out of the House Rules Committee, or at any other time.
887
(3) When the House Rules Committee is carrying out its functions and responsibilities
888
under this rule, the committee shall:
889
(a) during a legislative session, give notice of its meetings by either:
890
(i) providing oral notice from the floor of the time and place of its next meeting; or
891
(ii) when oral notice is impractical, post written notice of its next meeting;
892
(b) when the Legislature is not in session, post a notice of meeting at least 24 hours
893
before the meeting convenes;
894
(c) have as its agenda all legislation in its possession; and
895
(d) prepare minutes that include a record, by individual Representative, of votes taken.
896
(4) Anyone may attend a meeting of the rules committee, but comments and discussion
897
are limited to members of the committee and committee staff.
898
Section 43.
HR3-1-105
is enacted to read:
899
HR3-1-105. Calendaring Interim Committee Legislation.
900
(1) The presiding officer shall have interim committee legislation that was approved by
901
a majority vote of the interim committee members, read for the first time and referred to the
902
House Rules Committee for calendaring.
903
(2) (a) The House Rules Committee may refer the legislation to the calendar without
904
standing committee review, or it may recommend that the legislation be referred to a standing
905
committee.
906
(b) If the House Rules Committee recommends that the legislation be placed on the
907
Third Reading Calendar without standing committee review, the sponsor or any other
908
Representative may move that the legislation be reviewed by a standing committee before the
909
legislation's consideration on the floor.
910
(c) If this motion is approved by a majority of the Representatives present, the
911
legislation shall be referred to a standing committee for consideration.
912
Section 44.
HR3-1-201
is enacted to read:
913
Part 2. Special Committees and Task Forces
914
HR3-1-201. Special Committees.
915
(1) The House may form special committees, including task forces, by motion or
916
resolution.
917
(2) The Speaker shall appoint the members of those special committees.
918
Section 45.
HR3-2-101
is enacted to read:
919
CHAPTER 2. HOUSE STANDING COMMITTEES
920
Part 1. General Provisions
921
HR3-2-101. Definitions.
922
As used in this chapter, "standing committee chair" means the chair of a standing
923
committee or the chair's designee.
924
Section 46.
HR3-2-102
is enacted to read:
925
HR3-2-102. Standing Committee Review Required -- Exceptions.
926
(1) The House of Representatives may not pass a bill, joint resolution, or concurrent
927
resolution during the annual general session that has not been reviewed by a House standing
928
committee.
929
(2) This rule does not apply to:
930
(a) a resolution regarding legislative rules or legislative personnel;
931
(b) legislation that has been approved by an interim committee;
932
(c) the revisor's statute; or
933
(d) if the legislation was reviewed and approved by the Executive Appropriations
934
Committee, legislation that:
935
(i) exclusively appropriates monies;
936
(ii) amends Utah Code Title 53A, Chapter 17a, Minimum School Program Act;
937
(iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; and
938
(iv) authorizes the issuance of general obligation or revenue bonds.
939
Section 47.
HR3-2-103
is enacted to read:
940
HR3-2-103. Standing Committee Review of Legislation with Fiscal Impact.
941
Except as provided in HR3-2-102, a standing committee open to the public in one or
942
both houses shall review a piece of legislation before the legislation is held in the opposite
943
house because of its fiscal impact.
944
Section 48.
HR3-2-104
is enacted to read:
945
HR3-2-104. Standing Committees Prohibited from Meeting While House is in
946
Session -- Exceptions.
947
A standing committee may not meet while the House is in session unless:
948
(1) the chair receives permission to meet from the Speaker; or
949
(2) a floor motion for the committee to meet while the House is in session is approved
950
by a majority of the Representatives present on the floor.
951
Section 49.
HR3-2-201
is enacted to read:
952
Part 2. Organization of House Standing Committees
953
HR3-2-201. Standing Committees.
954
(1) The Speaker shall appoint the following standing committees, including appointing
955
a chair and vice-chair:
956
(a) Business and Labor;
957
(b) Education;
958
(c) Government Operations;
959
(d) Health and Human Services;
960
(e) House Rules;
961
(f) Judiciary;
962
(g) Law Enforcement and Criminal Justice;
963
(h) Natural Resources, Agriculture, and Environment;
964
(i) Political Subdivisions;
965
(j) Public Utilities and Technology;
966
(k) Revenue and Taxation;
967
(l) Transportation; and
968
(m) Workforce Services and Community and Economic Development.
969
(2) The members of the Retirement and Independent Entities Committee created in
970
Utah Code Section
63E-1-201
who are appointed from the House of Representatives are a
971
standing committee.
972
Section 50.
HR3-2-202
is enacted to read:
973
HR3-2-202. Committee Attendance -- Quorum.
974
(1) Except as provided in Subsection (2), a majority of a standing committee is a
975
quorum for the transaction of business.
976
(2) In determining whether or not a quorum is present, the Speaker, Majority Leader,
977
Majority Whip, Assistant Majority Whip, House Rules Committee Chair, House
978
Appropriations Committee Chair, Minority Leader, Minority Whip, Assistant Minority Whip,
979
and the fourth member of leadership from the minority party are not counted in determining a
980
quorum, except during the time that the Representative is present at the meeting.
981
Section 51.
HR3-2-301
is enacted to read:
982
Part 3. Notice and Agendas for House Standing Committees
983
HR3-2-301. Chair to set Agenda.
984
The standing committee chair, or the standing committee chair's designee, shall set the
985
agenda for standing committee meetings.
986
Section 52.
HR3-2-302
is enacted to read:
987
HR3-2-302. Notice of Standing Committee Meetings.
988
(1) (a) The standing committee chair may call committee meetings after giving not less
989
than 24 hours public notice as required under Utah Code Title 52, Chapter 4, Open and Public
990
Meetings Act.
991
(b) Staff shall post the time, room number, and agenda of a committee meeting in an
992
area accessible to the public.
993
(2) The standing committee chair shall:
994
(a) notify the sponsor of legislation pending before the committee of the time and place
995
of the committee meeting in which the legislation will be considered; and
996
(b) invite the chief sponsor to present the legislation to the committee before the
997
committee acts on it.
998
Section 53.
HR3-2-303
is enacted to read:
999
HR3-2-303. Legislation Scheduled for Time Certain Has Priority in Committee.
1000
If legislation assigned to a standing committee has been placed on the time certain
1001
calendar, the standing committee chair shall place that legislation on an agenda for the standing
1002
committee's review so that the committee's report on the legislation is received by the floor
1003
before the time set for consideration of the legislation.
1004
Section 54.
HR3-2-304
is enacted to read:
1005
HR3-2-304. Agenda to include Tabled Legislation.
1006
(1) A standing committee chair shall ensure that the standing committee's agenda lists
1007
the number, title, and sponsor of any legislation tabled by the standing committee at the
1008
previous standing committee meeting.
1009
(2) As provided in HR3-2-408, the standing committee may lift the tabled legislation
1010
from the table at the meeting following the one at which it was tabled.
1011
Section 55.
HR3-2-401
is enacted to read:
1012
Part 4. Standing Committee Meetings
1013
HR3-2-401. Chair to Set the Agenda -- Chair to Preserve Order -- Appeal --
1014
Restrictions on Visitors -- Disorderly Conduct in Committee Meeting.
1015
(1) (a) The standing committee chair shall decide points of order.
1016
(b) On motion and approval by a majority vote of the committee members present, the
1017
committee may override the chair's decision on any point of order.
1018
(c) The motion and action shall be entered in the standing committee minutes.
1019
(2) (a) A visitor may not speak or address the committee unless the visitor is
1020
recognized by the standing committee chair.
1021
(b) The standing committee chair may impose restrictions on the time a visitor is
1022
allowed to speak.
1023
(c) A visitor may not sit in Representatives' chairs.
1024
(d) The standing committee chair may order the committee room cleared of visitors if
1025
there is disorderly conduct.
1026
Section 56.
HR3-2-402
is enacted to read:
1027
HR3-2-402. Voting -- Chair to Verbally Announce the Vote -- Dissenting
1028
Members to be Reported -- Division of the Question.
1029
(1) A committee member present shall vote on every question.
1030
(2) (a) If requested by a committee member or at the discretion of the chair, the
1031
standing committee chair may direct a roll call vote.
1032
(b) During a vote, the standing committee chair may not take any motions or conduct
1033
any other business.
1034
(3) (a) If a question contains several points, a committee member may, except as
1035
provided in Subsection (3)(d), request to have the question divided for purposes of voting.
1036
(b) The committee member requesting division of the question shall clearly state how
1037
the question is to be divided.
1038
(c) (i) The standing committee chair shall determine how many divisions may be made
1039
to any question.
1040
(ii) The committee may seek to overrule the standing committee chair's decision only
1041
once.
1042
(d) A committee member may not request, and the standing committee chair may not
1043
grant, division of the question when the motion directs that language be stricken and new
1044
language be inserted.
1045
(4) After the committee votes on a question, the standing committee chair shall:
1046
(a) determine whether the motion passed or failed;
1047
(b) verbally announce that the motion passed or that the motion failed;
1048
(c) verbally identify by name either the committee members who voted "yes" or the
1049
committee members who voted "no"; and
1050
(d) ensure that the vote is recorded in the minutes.
1051
(5) Members dissenting from a committee report may file a minority report or may be
1052
listed on the committee report as dissenting.
1053
Section 57.
HR3-2-403
is enacted to read:
1054
HR3-2-403. Committee Order of Business.
1055
Unless the standing committee chair or a majority of the committee determines
1056
otherwise, the standing committee order of business is:
1057
(1) call to order by the standing committee chair;
1058
(2) approval of the minutes of previous meetings;
1059
(3) announcement of the agenda;
1060
(4) announcement of time restrictions, if any;
1061
(5) communications, if any; and
1062
(6) consideration of standing committee business.
1063
Section 58.
HR3-2-404
is enacted to read:
1064
HR3-2-404. Public Comment During Standing Committee Meetings.
1065
(1) (a) During a standing committee meeting, the chair shall receive public comment
1066
and testimony during the public comment portion of the committee meeting, if a public
1067
comment portion is held.
1068
(b) The standing committee chair, or a majority of the standing committee, may
1069
terminate the public comment phase of the committee meeting.
1070
(c) Once any public comment phase of the committee meeting has ended,
1071
non-committee members may not provide public comment unless the standing committee chair
1072
or a majority of the standing committee authorizes additional public comment.
1073
(2) (a) At the direction of the standing committee chair, or upon a majority vote of the
1074
standing committee, the testimony of any person speaking during the public comment phase of
1075
the committee meeting may be taken under oath.
1076
(b) The standing committee chair or committee staff shall administer the oath.
1077
Section 59.
HR3-2-405
is enacted to read:
1078
HR3-2-405. Public Hearings.
1079
(1) The standing committee chair or a majority of the committee may:
1080
(a) hold a public hearing in addition to, or instead of, a regular standing committee
1081
meeting; and
1082
(b) hold the public hearing on a single piece of legislation or on a broader subject
1083
contained in one or more pieces of legislation.
1084
(2) If the standing committee holds a public hearing independent of a regular standing
1085
committee meeting, the standing committee chair shall:
1086
(a) give notice of the public hearing by complying with the procedures and
1087
requirements of Utah Code Title 52, Chapter 4, Open and Public Meetings Act; and
1088
(b) ensure that the notice includes the legislation to be considered.
1089
(3) The standing committee chair may, subject to the approval of the standing
1090
committee, adopt procedures for the orderly conduct of the hearing, including:
1091
(a) limiting the time for the public hearing;
1092
(b) limiting the time that individual speakers may speak; and
1093
(c) directing the order in which speakers will be heard.
1094
(4) During a public hearing, the standing committee may request or require testimony
1095
by persons who have expertise on the legislation under discussion.
1096
(5) (a) At the direction of the standing committee chair, or upon a majority vote of the
1097
standing committee, the testimony of any person speaking during the public hearing may be
1098
taken under oath.
1099
(b) The standing committee chair or committee staff shall administer the oath.
1100
Section 60.
HR3-2-406
is enacted to read:
1101
HR3-2-406. Standing Committee Duties -- Process.
1102
(1) With a majority vote, a standing committee may, for each piece of legislation in its
1103
possession:
1104
(a) pass the legislation out of the standing committee with a recommendation that it be
1105
read for the second time and placed on the third reading calendar;
1106
(b) pass the legislation out of committee with a recommendation that it be read for the
1107
second time and placed on the consent calendar;
1108
(c) amend the legislation;
1109
(d) substitute the legislation;
1110
(e) hold the legislation;
1111
(f) table the legislation;
1112
(g) return the legislation to the House Rules Committee; or
1113
(h) some combination of Subsections (1)(a) through (g).
1114
(2) If in accordance with HR3-1-102 the House Rules Committee forwards a summary
1115
report from the Occupational and Professional Licensure Review Committee in conjunction
1116
with legislation referred to a standing committee, the chair of the standing committee shall
1117
ensure that the summary report is read orally to the standing committee before action is taken
1118
by the standing committee on the legislation that is related to the summary report.
1119
(3) A standing committee may report a piece of legislation to the House with the
1120
recommendation that the legislation be placed on the consent calendar if:
1121
(a) the sponsor has requested that the legislation be placed on the consent calendar;
1122
(b) the committee has passed the legislation out favorably by unanimous vote with a
1123
quorum present; and
1124
(c) in a separate motion and vote, the committee has, with a quorum present,
1125
unanimously recommended that the legislation be placed on the consent calendar.
1126
(4) The standing committee chair shall ensure that:
1127
(a) the committee sends a report to the House detailing its action on each piece of
1128
legislation referred to it;
1129
(b) a secretary records attendance and takes minutes of committee action; and
1130
(c) the record of attendance and minutes are filed in the office of the Chief Clerk of the
1131
House and retained for three years.
1132
Section 61.
HR3-2-407
is enacted to read:
1133
HR3-2-407. Reconsideration of Action.
1134
(1) Except as provided in Subsection (2), a standing committee may, by majority vote
1135
of those present, reconsider any committee action at any time before the committee report is
1136
sent to the House.
1137
(2) A standing committee may not reconsider a piece of legislation more than once.
1138
Section 62.
HR3-2-408
is enacted to read:
1139
HR3-2-408. Disposition of Legislation Tabled in a Standing Committee.
1140
(1) The standing committee chair shall hold any legislation tabled in a standing
1141
committee until the next committee meeting.
1142
(2) (a) At the next committee meeting, the standing committee may, with a two-thirds
1143
vote, lift the tabled legislation from the table.
1144
(b) When a motion to lift a piece of tabled legislation is made, the standing committee
1145
chair shall:
1146
(i) give proponents five minutes to address the motion;
1147
(ii) give opponents five minutes to address the motion; and
1148
(iii) give the proponents one minute to sum up.
1149
(c) (i) If tabled legislation is lifted from the table at the next committee meeting after it
1150
was tabled, the standing committee may not take any further action on the legislation at that
1151
meeting.
1152
(ii) If the legislation is placed on an agenda for a subsequent standing committee
1153
meeting, the standing committee may take any of the actions on the legislation authorized by
1154
HR3-2-406(1).
1155
(3) The standing committee chair shall send any legislation tabled in the standing
1156
committee that is not lifted from the table at the next standing committee meeting to the House
1157
Rules Committee for filing.
1158
(4) With a constitutional two-thirds vote of the House of Representatives, the House
1159
may lift legislation tabled in a standing committee meeting from:
1160
(a) the House Rules Committee; or
1161
(b) that standing committee before the committee's next meeting.
1162
Section 63.
HR3-2-409
is enacted to read:
1163
HR3-2-409. Substitute Legislation -- Substitutes Must Be Germane.
1164
(1) Except as provided in Subsection (2), a Representative may, if recognized by the
1165
committee chair while the standing committee is debating a piece of legislation, make a motion
1166
to substitute the legislation.
1167
(2) (a) The committee member making the motion to substitute shall ensure that the
1168
substitute is germane to the subject of the original legislation under consideration.
1169
(b) If a committee member believes that a substitute is not germane to the subject of
1170
the original legislation, the committee member may raise a point of order alleging that the
1171
substitute is not germane.
1172
(c) The committee chair shall rule on the point of order by determining whether or not
1173
the substitute is germane to the subject of the original legislation.
1174
Section 64.
HR3-2-410
is enacted to read:
1175
HR3-2-410. Amending Legislation -- Amendment Must be Germane.
1176
(1) (a) Except as provided in Subsection (2), a committee member may, if recognized
1177
by the standing committee chair while the committee is debating a piece of legislation, make a
1178
motion to amend the legislation.
1179
(b) (i) A committee member may verbally propose an amendment to a piece of
1180
legislation if the amendment contains 15 words or less.
1181
(ii) A committee member shall ensure that a proposed amendment containing more
1182
than 15 words is printed and distributed to the committee staff and all committee members
1183
present before the amendment is proposed.
1184
(2) (a) The committee member making the motion to amend shall ensure that the
1185
amendment is germane to the subject of the original legislation under consideration.
1186
(b) If a committee member believes that an amendment is not germane to the subject of
1187
the original legislation, the committee member may raise a point of order alleging that the
1188
amendment is not germane.
1189
(c) The standing committee chair shall rule on the point of order by determining
1190
whether or not the amendment is germane to the subject of the original legislation.
1191
Section 65.
HR3-2-501
is enacted to read:
1192
Part 5. House Standing Committee Parliamentary Procedures
1193
HR3-2-501. Obtaining the Floor in Committee -- Remarks to be Germane.
1194
(1) The standing committee chair shall recognize any committee member who wishes
1195
to speak to the subject under consideration.
1196
(2) Upon recognition by the standing committee chair, the committee member shall
1197
ensure that the member's remarks are germane to the subject under consideration.
1198
Section 66.
HR3-2-502
is enacted to read:
1199
HR3-2-502. Motions in Committee -- General Requirements and Procedures.
1200
(1) (a) Except as provided in Subsections (2) and (3), any standing committee member
1201
who is recognized by the standing committee chair may make a motion.
1202
(b) A second to the motion is not required.
1203
(2) (a) A committee member may not speak to a matter and then make a motion unless
1204
the committee member has:
1205
(i) asked the standing committee chair to allow the member to reserve the right to make
1206
a motion; and
1207
(ii) received permission to do so from the standing committee chair.
1208
(b) In speaking to the matter, the committee member shall confine the member's
1209
remarks to the subject of the motion to be made.
1210
(c) A committee member may only reserve the right to make:
1211
(i) a motion to amend; or
1212
(ii) a substitute motion.
1213
(3) A committee member may not make:
1214
(a) a motion to strike the enacting clause of a bill;
1215
(b) a motion to strike the resolving clause of a resolution; or
1216
(c) a motion to circle.
1217
(4) The standing committee chair shall:
1218
(a) restate each oral motion made by a committee member; and
1219
(b) ensure that each written motion made by a committee member is distributed to the
1220
committee members.
1221
(5) The committee member who made a motion may withdraw it at any time before the
1222
vote on the motion, unless a substitute motion has been made and is still pending.
1223
Section 67.
HR3-2-503
is enacted to read:
1224
HR3-2-503. Substitute Motions.
1225
(1) A committee member may, upon recognition by the standing committee chair,
1226
make a substitute motion, which, if adopted by a vote of a majority of the members present,
1227
disposes of the original motion.
1228
(2) If the substitute motion is not adopted, the original motion is revived.
1229
(3) The committee member who made a substitute motion may withdraw it any time
1230
before the vote on the substitute motion.
1231
(4) A committee member may not:
1232
(a) make a substitute motion if another substitute motion has been made and is
1233
pending; or
1234
(b) make a motion to end debate (call the previous question) as a substitute motion.
1235
Section 68.
HR3-2-504
is enacted to read:
1236
HR3-2-504. Motions in Order During Debate.
1237
(1) (a) When a motion or question is being debated, the standing committee chair may
1238
not accept any other motion except a motion:
1239
(i) to adjourn, which is nondebatable;
1240
(ii) to determine the time to which to adjourn, which is debatable;
1241
(iii) to recess, which is nondebatable;
1242
(iv) to end debate (call the previous question), which is nondebatable and requires a
1243
two-thirds vote to pass;
1244
(v) to refer to another committee, which is debatable;
1245
(vi) to limit debate, which is debatable;
1246
(vii) to postpone to a time certain, which is debatable;
1247
(viii) to table, which is debatable;
1248
(ix) to adopt a substitute, which is debatable; or
1249
(x) to amend, which is debatable.
1250
(b) Points of order and appeals of the decision of the chair are not motions and are
1251
always in order.
1252
(c) The standing committee chair shall grant priority to the motions listed in Subsection
1253
(1)(a) according to the order in which they are listed in that subsection.
1254
(2) (a) If a motion to amend or substitute the legislation has been proposed and is under
1255
consideration by the committee, the standing committee chair shall treat a motion to end debate
1256
(call the previous question) as directed only toward adoption of the amendment or substitute.
1257
(b) If no motion to amend or substitute legislation has been made, the standing
1258
committee chair shall treat a motion to end debate (call the previous question) as directed
1259
toward action on the legislation itself.
1260
(3) If a motion to postpone a piece of legislation to a day certain or a motion to return a
1261
piece of legislation to the Rules committee is defeated, a committee member may not make the
1262
same motion on the same piece of legislation during the same committee meeting.
1263
Section 69.
HR3-2-505
is enacted to read:
1264
HR3-2-505. Nondebatable Motions.
1265
(1) The standing committee chair may not allow debate on a motion:
1266
(a) to adjourn;
1267
(b) to recess; and
1268
(c) to end debate (call the previous question).
1269
(2) The standing committee chair shall decide all points of order arising from one of
1270
the motions identified in Subsection (1) without debate.
1271
Section 70.
HR3-2-506
is enacted to read:
1272
HR3-2-506. Motion to Adjourn.
1273
A motion to adjourn is always in order except:
1274
(1) when a vote is being taken;
1275
(2) when a previous motion to adjourn has been defeated and no intervening business
1276
has been transacted; or
1277
(3) when another committee member has the floor.
1278
Section 71.
HR3-2-601
is enacted to read:
1279
Part 6. House Standing Committee Reports to the House
1280
HR3-2-601. Committee Reports.
1281
(1) When a piece of legislation is acted upon by a committee, the standing committee
1282
chair shall, no later than the next legislative day, submit to the Chief Clerk of the House:
1283
(a) the official version of the legislation; and
1284
(b) a committee report detailing the committee's action signed by the standing
1285
committee chair.
1286
(2) (a) If a piece of legislation is tabled by a committee and is not lifted from the table
1287
at the next standing committee, the standing committee chair shall, no later than the next
1288
legislative day, submit a committee report to the Chief Clerk of the House informing the House
1289
that the legislation was tabled.
1290
(b) After reading the committee report on the tabled legislation, the Chief Clerk shall
1291
send the legislation to the House Rules Committee.
1292
Section 72.
HR4-1-101
is enacted to read:
1293
TITLE 4. HOUSE FLOOR PROCEDURES
1294
CHAPTER 1. GENERAL PROVISIONS
1295
HR4-1-101. Definitions.
1296
(1) "Appropriations bill" means a bill that appropriates money and makes no change to
1297
statute.
1298
(2) "Constitutional majority vote" means that the matter requires 38 votes to pass on
1299
the House floor.
1300
(3) "Constitutional two-thirds vote" means that the matter requires 50 votes to pass on
1301
the House floor.
1302
(4) "Majority vote" means that the matter requires the votes of a majority of those
1303
present to pass on the House floor.
1304
(5) "Two-thirds vote" means that the matter requires the vote of two-thirds of those
1305
present to pass on the House floor.
1306
(6) "Point of order" means a question raised by a Representative about whether or not
1307
there has been a breach of order, a breach of rules, or a breach of established parliamentary
1308
practice.
1309
(7) "Presiding officer" means the person presiding over the Utah House of
1310
Representatives and includes:
1311
(a) the Speaker;
1312
(b) the Speaker Pro Tempore; and
1313
(c) any Representative presiding under HR1-3-103.
1314
Section 73.
HR4-2-101
is enacted to read:
1315
CHAPTER 2. GENERAL FLOOR PROCEDURES FOR THE UTAH HOUSE OF
1316
REPRESENTATIVES
1317
Part 1. General Guidelines
1318
HR4-2-101. Duties of Presiding Officer.
1319
The presiding officer may:
1320
(1) call the House to order at the time scheduled for convening, and proceed with the
1321
daily order of business;
1322
(2) announce the business before the House in the order that it is to be acted upon;
1323
(3) receive and submit all motions and proposals presented by Representatives;
1324
(4) put to a vote all questions that arise in the course of proceedings, and announce the
1325
results of the vote;
1326
(5) enforce the House Rules governing debates;
1327
(6) enforce observance of order and decorum;
1328
(7) inform the House on any point of order or practice;
1329
(8) receive and announce to the House any official messages and communications; and
1330
(9) sign all bills, resolutions, orders, and proceedings of the House.
1331
Section 74.
HR4-2-102
is enacted to read:
1332
HR4-2-102. Obtaining the Floor.
1333
(1) When a Representative wishes to be recognized to speak, the Representative shall:
1334
(a) notify the presiding officer by electronic means; or
1335
(b) if the electronic notification system is not operational, rise and address the
1336
presiding officer as:
1337
(i) "Mr. (Madam) Speaker"; or
1338
(ii) "Mr. (Madam) Speaker Pro Temp."
1339
(2) If two or more Representatives rise at the same time to speak, the presiding officer
1340
shall decide which Representative is to speak first.
1341
(3) After being recognized, the Representative shall confine the Representative's
1342
remarks to the issue under consideration.
1343
Section 75.
HR4-2-103
is enacted to read:
1344
HR4-2-103. Calling a Representative to Order for Violation of a Rule.
1345
(1) (a) The presiding officer may call a Representative to order for violating any House
1346
or Joint Rule.
1347
(b) Any Representative may call another Representative to order for violating any
1348
House or Joint Rule by raising a point of order under HR4-2-201.
1349
(2) If the Representative called to order appeals the ruling of the presiding officer, the
1350
House shall decide the issue without debate.
1351
(3) (a) If the decision is favorable to the Representative who has been called to order,
1352
the Representative may proceed.
1353
(b) If the decision is unfavorable, the Representative is subject to censure by the
1354
House.
1355
(4) Notwithstanding Subsection (1), a Representative may not be called to order or
1356
censured for words spoken in debate if there has been intervening business.
1357
Section 76.
HR4-2-104
is enacted to read:
1358
HR4-2-104. Motions in Writing.
1359
(1) A Representative shall submit certain motions to amend in writing as required by
1360
HR4-3-301.
1361
(2) Except as provided in Subsection (3), if a Representative requests that a motion be
1362
presented in writing, the presiding officer may require that the maker of the motion prepare and
1363
submit a written motion to the Chief Clerk.
1364
(3) The presiding officer may not require that the following motions be presented in
1365
writing:
1366
(a) a motion to adjourn;
1367
(b) a motion to circle;
1368
(c) a motion to table; or
1369
(d) a motion to refer to committee.
1370
Section 77.
HR4-2-201
is enacted to read:
1371
Part 2. Point of Order and Appeals of the Decision of the Chair
1372
HR4-2-201. Point of Order.
1373
(1) (a) If a Representative believes that there has been a breach of order, a breach of
1374
rules, or a breach of established parliamentary practice, the Representative may rise and,
1375
without being recognized, state: "point of order."
1376
(b) When a Representative raises a point of order:
1377
(i) the presiding officer shall interrupt the proceedings;
1378
(ii) the Representative who has the floor shall yield the floor; and
1379
(iii) the presiding officer shall ask the Representative raising the point of order to "state
1380
your point."
1381
(c) When the presiding officer responds "state your point," the Representative shall
1382
briefly explain the alleged breach to the body, citing to appropriate authority if possible.
1383
(2) (a) The presiding officer may:
1384
(i) speak to points of order in preference to other Representatives rising for that
1385
purpose;
1386
(ii) rule on the point of order immediately;
1387
(iii) consult with the Chief Clerk, the parliamentarian, or both before ruling on the
1388
point of order; or
1389
(iv) suggest that the House recess until the presiding officer can research and rule on
1390
the point of order.
1391
(b) (i) Although points of order are generally decided without debate, the presiding
1392
officer may submit the point of order to the House for decision in doubtful cases.
1393
(ii) If submitted to the House for decision, a presiding officer shall allow debate or
1394
discussion on the point of order by recognizing members of the House who wish to speak to the
1395
point of order.
1396
(iii) A decision by the House deciding a point of order is not subject to appeal.
1397
(3) When the presiding officer rules on the point of order, any Representative who
1398
disagrees with the presiding officer's decision may appeal that decision to the House by
1399
following the procedures and requirements of HR4-2-202.
1400
Section 78.
HR4-2-202
is enacted to read:
1401
HR4-2-202. Appeals from the Decision of the Chair.
1402
(1) Although the tradition in the Utah House is to give great weight to the rulings of the
1403
presiding officer and not make appeals lightly, a Representative who disagrees with a ruling of
1404
the presiding officer may appeal that decision to the House by rising and, without waiting to be
1405
recognized, saying "I appeal the decision of the chair."
1406
(2) When a Representative appeals the decision of the chair, the presiding officer shall
1407
clearly state the decision appealed from and may state the reasons for the decision.
1408
(3) (a) An appeal is debatable.
1409
(b) A Representative may not speak more than once on the appeal without leave of the
1410
House.
1411
(4) The question on appeal is: "Shall the decision of the chair stand as the judgment of
1412
the House?"
1413
(5) When a decision of the presiding officer is appealed, a majority vote of the
1414
Representatives present is required to override that decision.
1415
(6) The Chief Clerk shall ensure that the appeal and the action of the House on the
1416
appeal are entered in the journal.
1417
Section 79.
HR4-3-101
is enacted to read:
1418
CHAPTER 3. SPECIAL HOUSE FLOOR PROCEDURES
1419
Part 1. Bills and Resolution
1420
HR4-3-101. Consideration of Bills.
1421
(1) Except for the 43rd, 44th, and 45th day of the annual general session, a piece of
1422
legislation may not be read for the third time until at least the day after it is placed on the third
1423
reading calendar.
1424
(2) Legislation on third reading calendar shall be considered in the order that it appears
1425
on the calendar unless a constitutional majority vote of the members of the House directs other
1426
action.
1427
Section 80.
HR4-3-102
is enacted to read:
1428
HR4-3-102. Re-assigning Legislation Assigned to a Standing Committee.
1429
(1) Legislation that has been assigned to a standing committee may be assigned to the
1430
Rules committee or a different standing committee by:
1431
(a) the presiding officer;
1432
(b) the House of Representatives by majority vote upon motion from the floor; or
1433
(c) the House of Representatives by majority vote if the committee to which the
1434
legislation was assigned recommends in its committee report that the legislation be returned to
1435
the House Rules Committee.
1436
Section 81.
HR4-3-103
is enacted to read:
1437
HR4-3-103. Action on Senate Legislation.
1438
(1) When a piece of Senate legislation is received by the House with a transmittal letter
1439
informing the House that it has passed the Senate, the presiding officer shall:
1440
(a) have the legislation read for the first time; and
1441
(b) refer it to the House Rules Committee.
1442
(2) Action on Senate legislation is the same as for House legislation.
1443
Section 82.
HR4-3-104
is enacted to read:
1444
HR4-3-104. Time Limit for House Legislation.
1445
(1) Except for an appropriations bill, the House may not consider a piece of legislation
1446
introduced by a House member after the 42nd day of the annual general session of the
1447
Legislature.
1448
(2) The House may suspend this rule only by a constitutional two-thirds vote.
1449
Section 83.
HR4-3-201
is enacted to read:
1450
Part 2. Substitute Legislation
1451
HR4-3-201. Substitute Legislation.
1452
(1) A motion to adopt a substitute piece of legislation is in order on third reading.
1453
(2) The Office of Legislative Research and General Counsel shall number each
1454
substitute for record keeping and tracking purposes.
1455
Section 84.
HR4-3-202
is enacted to read:
1456
HR4-3-202. Substitute Must Be Germane.
1457
(1) Except as provided in Subsection (2), a Representative may, if recognized by the
1458
presiding officer while the House is debating a piece of legislation, make a motion to substitute
1459
the legislation.
1460
(2) (a) The Representative making the motion to substitute shall ensure that the
1461
substitute is germane to the subject of the original legislation under consideration.
1462
(b) If a Representative believes that a substitute is not germane to the subject of the
1463
original legislation, the Representative may raise a point of order alleging that the substitute is
1464
not germane.
1465
(c) The presiding officer shall rule on the point of order by determining whether or not
1466
the substitute is germane to the subject of the original legislation.
1467
Section 85.
HR4-3-301
is enacted to read:
1468
Part 3. Floor Amendments
1469
HR4-3-301. Amendments in Order on Third Reading -- 15 word rule -- Passage of
1470
Amendments by a Majority Vote.
1471
(1) A motion to amend a piece of legislation is in order on third reading.
1472
(2) (a) A Representative may verbally propose an amendment to legislation if the
1473
amendment contains 15 words or less.
1474
(b) A Representative shall ensure that a proposed amendment containing more than 15
1475
words is printed on pink paper and available to the Chief Clerk and each Representative
1476
present before the motion to amend is made.
1477
(3) A constitutional amendment, resolution, or bill requiring a constitutional two-thirds
1478
vote for final passage, may be amended by a majority vote.
1479
(4) When legislation is amended by the House, the Chief Clerk shall:
1480
(a) for each page of the legislation modified by a House amendment, cause a new page
1481
to be printed that clearly identifies each House amendment to that page; and
1482
(b) print that new page on lilac-colored paper.
1483
Section 86.
HR4-3-302
is enacted to read:
1484
HR4-3-302. Amendment Must be Germane.
1485
(1) Except as provided in Subsection (2), a Representative may, if recognized by the
1486
presiding officer while the House is debating a piece of legislation, make a motion to amend
1487
the legislation.
1488
(2) (a) The Representative making the motion to amend shall ensure that the
1489
amendment is germane to the subject of the original legislation under consideration.
1490
(b) If a Representative believes that an amendment is not germane to the subject of the
1491
original legislation, the Representative may raise a point of order alleging that the amendment
1492
is not germane.
1493
(c) The presiding officer shall rule on the point of order by determining whether or not
1494
the amendment is germane to the subject of the original legislation.
1495
Section 87.
HR4-4-101
is enacted to read:
1496
CHAPTER 4. HOUSE CALENDARS
1497
Part 1. Second Reading Calendar
1498
HR4-4-101. Second Reading Calendar.
1499
(1) (a) The Chief Clerk of the House or the Chief Clerk's designee shall:
1500
(i) read to the House each standing committee report submitted to the House; and
1501
(ii) read the legislation by title unless the House suspends this requirement by a
1502
two-thirds vote.
1503
(2) The adoption of the House standing committee report is the second reading of each
1504
piece of legislation referred to in the report.
1505
(3) (a) If the House passes a motion to adopt the committee report, the amendments
1506
and substitutes adopted by the committee and identified on the committee report become
1507
legally part of the legislation.
1508
(b) If a motion to adopt the committee report fails, the Chief Clerk shall return the
1509
legislation to the House Rules Committee.
1510
(4) A majority vote of the House is required to:
1511
(a) approve a motion to adopt the committee report; and
1512
(b) pass the legislation on second reading to the third reading or consent calendar.
1513
Section 88.
HR4-4-201
is enacted to read:
1514
Part 2. Third Reading Calendar
1515
HR4-4-201. Third Reading Calendar -- Procedures.
1516
(1) (a) For the third reading on a piece of legislation, the Chief Clerk of the House or
1517
the Chief Clerk's designee shall read the legislation by title unless the House suspends this
1518
requirement by a two-thirds vote.
1519
(b) (i) After reading the title of the legislation, the Chief Clerk or the Chief Clerk's
1520
designee shall identify the House standing committee that reviewed the legislation and the vote
1521
in that committee.
1522
(ii) If the legislation has not been reviewed by a House standing committee, the Chief
1523
Clerk or the Chief Clerk's designee shall announce that the legislation was not reviewed by a
1524
House standing committee.
1525
(2) When the Chief Clerk or the Chief Clerk's designee has completed the third reading
1526
of the legislation, the legislation is before the House for debate.
1527
(3) When debate on the legislation is complete, the presiding officer shall:
1528
(a) pose the final question: "This bill (resolution) has been read three times; the
1529
question is: Shall the bill (resolution) pass?"; and
1530
(b) take the final vote on the legislation.
1531
Section 89.
HR4-4-202
is enacted to read:
1532
HR4-4-202. Disposition of Legislation Voted on Third Reading.
1533
(1) Except as provided in Subsection (2), the Chief Clerk or the Chief Clerk's designee
1534
shall:
1535
(a) for a piece of House legislation passed by the House on third reading but not yet
1536
acted upon by the Senate, transmit the House legislation to the Senate for its further action;
1537
(b) for a piece of House legislation that fails to pass the House on third reading, file the
1538
legislation;
1539
(c) for a piece of House legislation that has passed both houses, follow the procedures
1540
and requirements of JR4-6-101(1)(b);
1541
(d) for a piece of Senate legislation passed by the House on third reading and not
1542
amended or substituted in the House, transmit the Senate legislation to the presiding officer of
1543
the House for the presiding officer's signature and return the legislation to the Senate for the
1544
signature of the President of the Senate;
1545
(e) for a piece of Senate legislation passed by the House on third reading that was
1546
amended or substituted in the House, transmit the legislation to the Senate with the
1547
amendments or substitute for furthe