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H.R. 3 Enrolled
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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:
16 ENACTS:
17 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
48 HR2-2-106
49 HR2-3-101
50 HR2-4-101
51 HR2-4-102
52 HR2-4-103
53 HR2-4-104
54 HR2-4-105
55 HR2-5-101
56 HR3-1-101
57 HR3-1-102
58 HR3-1-103
59 HR3-1-104
60 HR3-1-105
61 HR3-1-201
62 HR3-2-101
63 HR3-2-102
64 HR3-2-103
65 HR3-2-104
66 HR3-2-201
67 HR3-2-202
68 HR3-2-301
69 HR3-2-302
70 HR3-2-303
71 HR3-2-304
72 HR3-2-401
73 HR3-2-402
74 HR3-2-403
75 HR3-2-404
76 HR3-2-405
77 HR3-2-406
78 HR3-2-407
79 HR3-2-408
80 HR3-2-409
81 HR3-2-410
82 HR3-2-501
83 HR3-2-502
84 HR3-2-503
85 HR3-2-504
86 HR3-2-505
87 HR3-2-506
88 HR3-2-601
89 HR4-1-101
90 HR4-2-101
91 HR4-2-102
92 HR4-2-103
93 HR4-2-104
94 HR4-2-201
95 HR4-2-202
96 HR4-3-101
97 HR4-3-102
98 HR4-3-103
99 HR4-3-104
100 HR4-3-201
101 HR4-3-202
102 HR4-3-301
103 HR4-3-302
104 HR4-4-101
105 HR4-4-201
106 HR4-4-202
107 HR4-4-203
108 HR4-4-301
109 HR4-4-401
110 HR4-4-501
111 HR4-5-101
112 HR4-5-102
113 HR4-5-103
114 HR4-6-101
115 HR4-6-102
116 HR4-6-103
117 HR4-6-104
118 HR4-6-105
119 HR4-6-106
120 HR4-6-107
121 HR4-6-108
122 HR4-6-109
123 HR4-6-110
124 HR4-6-201
125 HR4-6-202
126 HR4-6-203
127 HR4-7-101
128 HR4-7-102
129 HR4-7-103
130 HR4-7-104
131 HR4-7-105
132 HR4-7-106
133 HR4-7-201
134 HR4-7-202
135 HR4-7-203
136 HR4-8-101
137 HR4-8-102
138 HR4-8-103
139 HR4-8-104
140 HR4-8-105
141 HR4-9-101
142 HR4-9-102
143 HR4-9-103
144 HR5-1-101
145 HR5-2-101
146 HR5-3-101
147 HR5-3-102
148 HR5-3-103
149 HR5-3-104
150 REPEALS:
151 HR-20.01
152 HR-20.02
153 HR-20.03
154 HR-20.04
155 HR-20.05
156 HR-20.06
157 HR-20.07
158 HR-20.08
159 HR-21.01
160 HR-21.02
161 HR-22.01
162 HR-22.02
163 HR-22.03
164 HR-22.04
165 HR-22.05
166 HR-22.06
167 HR-22.07
168 HR-22.08
169 HR-22.09
170 HR-22.10
171 HR-23.01
172 HR-23.02
173 HR-23.03
174 HR-23.04
175 HR-23.05
176 HR-23.06
177 HR-23.07
178 HR-23.08
179 HR-23.09
180 HR-23.10
181 HR-23.11
182 HR-23.13
183 HR-24.01
184 HR-24.02
185 HR-24.03
186 HR-24.05
187 HR-24.06
188 HR-24.07
189 HR-24.08
190 HR-24.09
191 HR-24.10
192 HR-24.11
193 HR-24.12
194 HR-24.14
195 HR-24.15
196 HR-24.16
197 HR-24.17
198 HR-24.18
199 HR-24.19
200 HR-24.20
201 HR-24.21
202 HR-24.22
203 HR-24.23
204 HR-24.24
205 HR-24.25
206 HR-24.26
207 HR-24.27
208 HR-24.28
209 HR-24.29
210 HR-24.30
211 HR-24.33
212 HR-25.01
213 HR-25.03
214 HR-25.04
215 HR-25.05
216 HR-25.08
217 HR-25.09
218 HR-25.10
219 HR-25.11
220 HR-25.12
221 HR-25.13
222 HR-25.14
223 HR-25.15
224 HR-26.01
225 HR-26.02
226 HR-27.01
227 HR-27.02
228 HR-27.03
229 HR-27.04
230 HR-27.05
231 HR-27.07
232 HR-27.08
233 HR-27.09
234 HR-27.10
235 HR-27.11
236 HR-27.12
237 HR-27.13
238 HR-27.14
239 HR-27.15
240 HR-27.16
241 HR-27.17
242 HR-28.01
243 HR-28.02
244 HR-28.03
245 HR-28.04
246 HR-28.05
247 HR-28.06
248 HR-29.01
249 HR-29.02
250 HR-29.03
251 HR-29.04
252 HR-29.05
253 HR-29.06
254 HR-30.01
255 HR-30.02
256 HR-30.03
257 HR-30.04
258 HR-30.05
259 HR-30.06
260 HR-30.07
261 HR-30.08
262 HR-30.09
263 HR-31.01
264 HR-31.02
265 HR-31.03
266 HR-31.04
267 HR-31.05
268 HR-31.06
269 HR-32.01
270 HR-32.02
271 HR-32.03
272 HR-32.04
273 HR-33.01
274 HR-33.02
275 HR-33.03
276 HR-33.04
277 HR-33.05
278 HR-33.06
279 HR-34.01
280 HR-34.02
281 HR-34.03
282 HR-35.01
283 HR-36.01
284 HR-36.03
285 HR-36.04
286 HR-36.05
287 HR-37.10
288 HR-38.01
289 HR-38.02
290 HR-38.03
291 HR-38.04
292 HR-38.05
293 HR-38.06
294 HR-38.07
295
296 Be it resolved by the House of Representatives of the state of Utah:
297 Section 1. HR1-1-101 is enacted to read:
298
299
300
301 HR1-1-101. Adoption, Amendment, or Suspension of House Rules.
302 (1) The House of Representatives shall adopt House rules at the beginning of each
303 legislative session by a constitutional two-thirds vote.
304 (2) Except as provided in this Subsection (2) and in Subsection (3), after the initial
305 adoption of House rules, additional rules may be adopted or existing rules may be suspended,
306 amended, or repealed by a majority vote, except the following, which require a two-thirds vote
307 to adopt, suspend, amend, or repeal:
308 (a) rules governing limitation of debate;
309 (b) rules governing a motion to end debate (call the previous question);
310 (c) rules governing motions for lifting tabled legislation from committee;
311 (d) rules governing consideration of legislation during the last three days of a session;
312 and
313 (e) rules governing voting in Title 4, Chapter 7, Voting.
314 (3) (a) A rule that includes a voting requirement of more than a constitutional majority
315 must be adopted and may only be amended, suspended, or repealed by a constitutional
316 two-thirds vote of all Representatives.
317 (b) If the suspension of any House Rule is governed by the Utah Constitution or Utah
318 statutes, the House may suspend that rule only as provided by that constitutional or statutory
319 provision.
320 Section 2. HR1-1-102 is enacted to read:
321 HR1-1-102. Constitutional Motion.
322 At the beginning of each session of the House, before the reading of any piece of
323 legislation, the House Rules Committee chair shall make the following motion:
324 "Mr. (Madam) Speaker, as allowed by the Utah Constitution and the Joint Rules of the
325 Legislature, I move that the House continue its practice of reading only the short title of bills
326 and resolutions as they are introduced or considered on a House calendar and not read the long
327 title of the bills and resolutions unless a majority of the House directs the reading of the long
328 title, short title, or both of any House or Senate bill or resolution."
329 Section 3. HR1-1-103 is enacted to read:
330 HR1-1-103. Mason's Manual of Legislative Procedure -- Reference.
331 In addition to House Rules and other applicable legislative rules, the presiding officer
332 may use Mason's Manual of Legislative Procedure as a reference when a question arises about
333 parliamentary practice, legislative process, or legislative procedure that is not resolved by
334 reference to legislative rules.
335 Section 4. HR1-2-101 is enacted to read:
336
337 HR1-2-101. Calling the House to Order.
338 (1) Except as provided in Subsection (2), on the first day of each annual general
339 session of the Legislature during odd-numbered years, the person whose term as Speaker of the
340 House most recently expired shall call the House to order and preside until the Representatives
341 have taken the oath of office and elected a new Speaker.
342 (2) If the Speaker-elect was Speaker during the previous Legislature or if the former
343 Speaker is unavailable, the Speaker-elect shall designate a person to call the House to order
344 and preside until the Representatives have taken the oath of office and elected a Speaker.
345 Section 5. HR1-3-101 is enacted to read:
346
347 HR1-3-101. Election of Speaker.
348 The House of Representatives shall elect a Speaker from among its members to
349 perform the duties established by this chapter.
350 Section 6. HR1-3-102 is enacted to read:
351 HR1-3-102. Duties of the Speaker.
352 (1) The general duties of the Speaker are to:
353 (a) call the House to order at the time scheduled for convening, and proceed with the
354 daily order of business;
355 (b) announce the business before the House in the order that it is to be acted upon;
356 (c) receive and submit in the proper manner all motions and proposals presented by
357 Representatives;
358 (d) put to a vote all questions that arise in the course of proceedings, and announce the
359 results of the vote;
360 (e) enforce the House Rules governing debates;
361 (f) enforce observance of order and decorum;
362 (g) inform the House on any point of order or practice;
363 (h) receive and announce to the House any official messages and communications;
364 (i) sign all acts, orders, and proceedings of the House;
365 (j) appoint the members of committees;
366 (k) assign responsibilities to, and supervise the officers and employees of, the House;
367 (l) assign places and determine access for news media representatives; and
368 (m) represent the House, declaring its will and obeying its commands.
369 (2) The Speaker shall:
370 (a) sign, or authorize a designee to sign, all requisitions on the Division of Finance to
371 pay House expenses; and
372 (b) give final approval of all expenditure requests as authorized by the majority and
373 minority leaders of the House, including per diem compensation, travel expenses, and
374 expenses for in-state and out-of-state travel on legislative business.
375 Section 7. HR1-3-103 is enacted to read:
376 HR1-3-103. Temporary Presiding Officer in Speaker's Absence.
377 (1) (a) The Speaker shall name a Representative to act as Speaker Pro Tempore during
378 the absence of the Speaker.
379 (b) If an interim vacancy in the office of Speaker occurs because of the death,
380 resignation, or disability of the Speaker, the Speaker Pro Tempore shall conduct the necessary
381 business of the House only until an election is held by the House to fill the vacancy.
382 (2) Notwithstanding Subsection (1), the Speaker may name any other Representative
383 to perform the duties of presiding officer for a period not to exceed one legislative day.
384 (3) If the Speaker and the Speaker Pro Tempore are absent at the time the session is
385 scheduled to convene, and the Speaker has not designated another Representative to perform
386 the duties of presiding officer, the Representative of the majority party who is senior in House
387 service shall call the House to order and preside until one of them returns.
388 (4) The Speaker Pro Tempore, and each Representative authorized to preside by the
389 Speaker or this rule, has all the powers and responsibilities of the Speaker while presiding.
390 Section 8. HR1-4-101 is enacted to read:
391
392
393 HR1-4-101. Appointment of Chief Clerk.
394 The Speaker or Speaker-elect of the House shall appoint a person to serve as Chief
395 Clerk of the Utah House of Representatives.
396 Section 9. HR1-4-102 is enacted to read:
397 HR1-4-102. Duties of the Chief Clerk.
398 The general duties of the Chief Clerk are to:
399 (1) act as chief administrative officer of the House, subject to direction by the Speaker
400 of the House;
401 (2) certify and transmit legislation to the Senate and inform the Senate of all House
402 action;
403 (3) assist in the preparation of the House Journal and certify it as an accurate
404 reflection of House action;
405 (4) make the following technical corrections to legislation either before or following
406 final passage:
407 (a) correct the spelling of words;
408 (b) correct the erroneous division and hyphenation of words;
409 (c) correct mistakes in numbering sections and their references;
410 (d) capitalize words or change capitalized words to lower case;
411 (e) change numbers from words to figures or from figures to words; and
412 (f) underscore or remove underscoring in legislation without a motion to amend;
413 (5) modify the long title of a piece of legislation to ensure that the long title accurately
414 reflects any changes to the legislation made by amendment or substitute;
415 (6) supervise all House of Representatives' non-partisan personnel during a session
416 and assign them duties and responsibilities;
417 (7) keep a record of the attendance of each in-session employee and ensure that each
418 in-session employee is paid only for hours worked;
419 (8) be the custodian of all official documents;
420 (9) receive all numbered legislation from the Office of Legislative Research and
421 General Counsel;
422 (10) record the number, title, sponsor, each action, and final disposition of each piece
423 of legislation on the legislation;
424 (11) prepare and distribute the daily order of business each day;
425 (12) advise the Speaker on parliamentary procedure, constitutional requirements, and
426 Joint and House Rules;
427 (13) assist with amendments to legislation;
428 (14) record votes and present the results to the Speaker;
429 (15) transmit all enrolled House bills and House concurrent resolutions to the
430 Governor;
431 (16) approve material for placement on the Representatives' desks if a Representative
432 has authorized that distribution;
433 (17) maintain all calendars for the House floor; and
434 (18) record the votes of any member who is present in the House chamber who
435 requests assistance of the Chief Clerk.
436 Section 10. HR1-4-201 is enacted to read:
437
438 HR1-4-201. Appointment of Sergeant-at-Arms.
439 The Speaker or Speaker-elect of the House shall appoint a person to serve as
440 Sergeant-at-Arms of the Utah House of Representatives.
441 Section 11. HR1-4-202 is enacted to read:
442 HR1-4-202. Duties of the Sergeant-at-Arms.
443 The Sergeant-at-Arms and the employees under the Sergeant's direction shall:
444 (1) maintain security;
445 (2) enforce the House Rules at the direction of the presiding officer of the House;
446 (3) enforce the provision of Utah Code Title 26, Chapter 38, Utah Indoor Clean Air
447 Act, in areas controlled by the House; and
448 (4) provide other service as requested by the Chief Clerk or the Speaker.
449 Section 12. HR1-5-101 is enacted to read:
450
451
452 HR1-5-101. Hour of Meeting.
453 During the regular general session, the House shall meet at 10:00 a.m. daily except
454 Saturdays and Sundays, unless otherwise announced by the presiding officer.
455 Section 13. HR1-5-102 is enacted to read:
456 HR1-5-102. Roll Call -- Quorum.
457 (1) The presiding officer or the presiding officer's designee shall:
458 (a) take a roll call of Representatives at the beginning of each day's session; and
459 (b) ensure that the names of those present and absent are recorded in the journal.
460 (2) (a) The House may not begin House business until a constitutional majority of
461 Representatives are present as a quorum.
462 (b) Notwithstanding Subsection (2)(a), less than a majority of Representatives may:
463 (i) convene each day; and
464 (ii) compel the attendance of absent members.
465 Section 14. HR1-5-103 is enacted to read:
466 HR1-5-103. Daily Order of Business.
467 (1) The daily order of business is:
468 (a) call to order by the presiding officer;
469 (b) prayer and Pledge of Allegiance;
470 (c) roll call;
471 (d) announcement of excused absences;
472 (e) communications from the Governor;
473 (f) communications from the Senate;
474 (g) reports from committees;
475 (h) introduction of legislation given to the Chief Clerk at least one hour before the
476 beginning of the session for inclusion in that day's agenda;
477 (i) unfinished business;
478 (j) consideration of legislation on consent calendar;
479 (k) consideration of legislation on the concurrence calendar;
480 (l) consideration of legislation on the third reading calendars; and
481 (m) miscellaneous business.
482 (2) With the approval of a constitutional majority of Representatives, the House may,
483 at any time, proceed out of order to any business.
484 (3) The presiding officer shall decide all questions of priority of House business
485 without debate.
486 Section 15. HR1-5-201 is enacted to read:
487
488 HR1-5-201. Scheduling Guest Speakers.
489 (1) As used in this rule:
490 (a) "Guest speaker" means a person who is scheduled to address the House of
491 Representatives who is not a Representative.
492 (b) "Guest speaker" does not include:
493 (i) a person who is called to address the House on a particular piece of legislation or
494 issue under consideration by the House; or
495 (ii) a Representative's introduction or acknowledgment of a visitor or special guest
496 who does not address the House.
497 (2) Before a guest speaker may address the House, the Chief Clerk, under the direction
498 of the Speaker, must schedule the guest speaker for a time certain on the House Daily Order of
499 Business.
500 Section 16. HR1-5-202 is enacted to read:
501 HR1-5-202. Executive Session.
502 (1) When the House of Representatives approves a motion to go into executive
503 session, the Sergeant-at-Arms shall close the House chamber doors.
504 (2) The presiding officer may require that all persons, except the Representatives,
505 Chief Clerk, Journal Clerk, and Sergeant-at-Arms leave the chamber.
506 (3) During the executive session, everyone present must remain within the chamber.
507 (4) Everyone present shall keep all matters discussed in executive session confidential.
508 Section 17. HR1-5-301 is enacted to read:
509
510 HR1-5-301. Special Order of Business -- Time Certain.
511 (1) (a) A Representative may make a motion, or the House Rules committee may
512 recommend, that a piece of legislation become a special order of business on the time certain
513 calendar.
514 (b) If the motion is approved by a majority of the members present, the Chief Clerk
515 shall place the legislation on the time certain calendar.
516 (2) At the time set for consideration of the legislation, the presiding officer shall place
517 the legislation before the House.
518 Section 18. HR1-5-302 is enacted to read:
519 HR1-5-302. Messages and Reports Received at any Time.
520 The presiding officer may present communications from the Governor, the Senate,
521 other state officers, and the House Rules Committee at any time, unless the presiding officer is
522 presenting a question or a vote is being taken.
523 Section 19. HR1-5-303 is enacted to read:
524 HR1-5-303. Unfinished Business.
525 When the House has unfinished business at the time of recess or adjournment, that
526 unfinished business has priority on the daily order of business on the next legislative day.
527 Section 20. HR1-6-101 is enacted to read:
528
529 HR1-6-101. Impeachment.
530 If any Representative submits a resolution to the House to begin impeachment
531 proceedings, the House shall adopt, by constitutional majority vote, policies establishing
532 procedures for, and governing the conduct of, the impeachment process.
533 Section 21. HR1-7-101 is enacted to read:
534
535
536 HR1-7-101. Commendation or Condolence Citations -- Types of Citations -- Use
537 of Citations.
538 (1) As used in this chapter:
539 (a) (i) "Citation" means a certificate issued to honor or commend an individual or
540 group, or to express condolences to the family of a deceased individual.
541 (ii) "Citation" includes a legislator citation, a House of Representatives citation, and a
542 Utah Legislature citation.
543 (b) "House of Representatives citation" means a citation issued on behalf of the Utah
544 House of Representatives.
545 (c) "Legislator citation" means a citation issued on behalf of an individual
546 Representative.
547 (d) "Utah Legislature citation" means a citation issued on behalf of both houses of the
548 Utah Legislature.
549 (2) Representatives shall use a citation to express the commendation or condolence of
550 a Representative, the Utah House of Representatives, or the Utah Legislature.
551 Section 22. HR1-7-102 is enacted to read:
552 HR1-7-102. Obtaining a Legislator Citation.
553 (1) With the approval of the presiding officer, a Representative may request that the
554 Chief Clerk of the House prepare a citation for the Representative's own signature.
555 (2) A Legislator citation does not require any floor action by the House of
556 Representatives.
557 Section 23. HR1-7-103 is enacted to read:
558 HR1-7-103. Obtaining a House of Representatives Citation.
559 (1) During any legislative session, a Representative may:
560 (a) request that the Chief Clerk of the House prepare a citation for the Representative's
561 signature; and
562 (b) after requesting and receiving permission for personal privilege, make a motion on
563 the floor of the House to:
564 (i) approve the citation; and
565 (ii) authorize the Speaker of the House to sign the citation on behalf of the House of
566 Representatives.
567 (2) When the Legislature is not in session, a Representative may request a citation for
568 the sponsor's and the Speaker's signature.
569 Section 24. HR1-7-104 is enacted to read:
570 HR1-7-104. Obtaining a Utah Legislature Citation.
571 (1) During any legislative session, a Representative may:
572 (a) request that the Chief Clerk of the House prepare a citation for the Representative's
573 signature; and
574 (b) after requesting and receiving permission for personal privilege, make a motion of
575 the floor of the House to:
576 (i) approve the citation;
577 (ii) authorize the Speaker of the House to sign the citation on behalf of the House of
578 Representatives; and
579 (iii) present the proposed citation to the Senate for its approval.
580 (2) When the Legislature is not in session, a Representative may request a citation for
581 the sponsor's and the Speaker's and the President's signature.
582 Section 25. HR2-1-101 is enacted to read:
583
584
585
586 HR2-1-101. Representatives Shall be Present.
587 A member of the Utah House of Representatives shall be present within the House
588 chamber during a session of the House, unless excused or unavoidably absent.
589 Section 26. HR2-1-102 is enacted to read:
590 HR2-1-102. Absent Representatives.
591 If a quorum of the Utah House of Representatives is not present at the time the House
592 is scheduled to convene, the presiding officer or the presiding officer's designee shall direct the
593 Sergeant-at-Arms to:
594 (1) find sufficient absent Representatives to make a quorum for the transaction of
595 business; and
596 (2) escort them to the chamber.
597 Section 27. HR2-2-101 is enacted to read:
598
599 HR2-2-101. Speaker to Maintain Order.
600 The Speaker or presiding officer shall maintain order and decorum during sessions of
601 the House.
602 Section 28. HR2-2-102 is enacted to read:
603 HR2-2-102. Breaches of the Order of the House.
604 (1) The Speaker or presiding officer may call a Representative to order if the
605 Representative is speaking impertinently, superfluously, tediously, or irrelevantly.
606 (2) If called to order, the Representative shall sit down, unless granted permission to
607 explain the speech.
608 Section 29. HR2-2-103 is enacted to read:
609 HR2-2-103. Disorderly Conduct in House.
610 (1) The Speaker or presiding officer may order the House areas or gallery cleared if a
611 disturbance occurs.
612 (2) The Sergeant-at-Arms shall enforce this rule in the areas controlled by the House.
613 Section 30. HR2-2-104 is enacted to read:
614 HR2-2-104. Impugning Motives of a Representative.
615 (1) A Representative may not impugn the motives of any other Representative either
616 on the floor of the House or in committee.
617 (2) A Representative who believes that the motives of any Representative has been
618 impugned by another Representative may raise a point of order.
619 Section 31. HR2-2-105 is enacted to read:
620 HR2-2-105. Movement Out of and Within the House Chamber.
621 (1) When the Speaker or presiding officer is presenting a question, a Representative
622 may not leave the House chamber.
623 (2) When a Representative is speaking, no person may walk between the
624 Representative and the Speaker or presiding officer.
625 Section 32. HR2-2-106 is enacted to read:
626 HR2-2-106. Smoking and Electronic Cigarettes Prohibited.
627 (1) As used in this section, "electronic cigarette" means any device, other than a
628 combustible cigarette or cigar, intended to deliver vapor containing nicotine into a person's
629 respiratory system.
630 (2) A person may not smoke or use an electronic cigarette in the House chamber or
631 other house controlled areas.
632 (3) The Sergeant-at-Arms shall enforce this rule.
633 Section 33. HR2-3-101 is enacted to read:
634
635 HR2-3-101. Reporting Conflicts of Interest.
636 (1) (a) Except as provided in Subsection (1)(b), a Representative satisfies the
637 requirement of Utah Code Section 76-8-109 to disclose a conflict of interest by filing the
638 Declaration of Conflict of Interest form required by JR6-1-201 with the Chief Clerk of the
639 House.
640 (b) (i) In addition to the Declaration of Conflict of Interest form required by Section
641 76-8-109 and JR6-1-201, before or during any vote on legislation or any legislative matter in
642 which a Representative has actual knowledge that the Representative has a conflict of interest
643 that is not stated on the conflict of interest form, that Representative shall orally declare to the
644 committee or body before which the matter is pending that the Representative may have a
645 conflict of interest and what that conflict is.
646 (ii) The declaration of conflict of interest shall be noted in the minutes of any
647 committee meeting or in the Senate or House Journal.
648 (2) (a) Before speaking on the floor of the House on any legislation or legislative
649 matter in which a Representative reasonably believes that the Representative may have a
650 conflict of interest, the Representative should orally disclose to the House that the
651 Representative may have a conflict of interest and what that conflict is.
652 (b) The Chief Clerk shall ensure that the declaration of the conflict of interest is noted
653 in the House Journal.
654 (3) Nothing in this House rule requires a Representative with a conflict of interest on
655 legislation or a legislative matter pending before the House to orally disclose that conflict of
656 interest if the Representative does not speak on the legislation or legislative matter and the
657 conflict has been disclosed on the Representative's conflict of interest form.
658 Section 34. HR2-4-101 is enacted to read:
659
660 HR2-4-101. Admittance to House Chamber.
661 (1) As used in this rule:
662 (a) "Former legislator" means a person who is not a current member of the Legislature,
663 but who served in the Utah House or Utah Senate at one time.
664 (b) "Governor's staff" means:
665 (i) a person employed directly by the Office of the Governor or the Office of the
666 Lieutenant Governor; and
667 (ii) the director of the Office of Planning and Budget.
668 (c) "Guest" means a person who is not a legislator, legislative employee, a member of
669 professional legislative staff, an intern, a lobbyist, the governor, or the lieutenant governor.
670 (d) "House conference rooms" means one of the conference rooms adjacent to the
671 House lounge, Speaker's office, or the majority caucus room.
672 (e) "House halls" means the passageways that allow access to:
673 (i) the House chamber;
674 (ii) the House lounge;
675 (iii) the House offices; and
676 (iv) other areas behind and adjoining the House chamber.
677 (f) (i) "House offices" means the offices behind and adjacent to the House chamber
678 and the reception areas connected to them.
679 (ii) "House offices" includes each House conference room.
680 (g) (i) "House space" means the House chamber, House lounge, House offices, the
681 House halls, and the other areas behind and adjoining the House chamber.
682 (ii) "House space" does not mean the common public space outside the front of the
683 House chamber.
684 (h) "Immediate family" means any parent, spouse, child, grandparent, grandchild,
685 great-grandparent, great-grandchild, or sibling of a member of the House who is not a lobbyist.
686 (i) "Intern" means a person who is an official participant in the intern program
687 sponsored by the Utah Legislature.
688 (j) "Legislative employee" means persons employed directly by the House or Senate.
689 (k) (i) "Lobbyist" means either:
690 (A) a person required to register as a lobbyist by Section 36-11-103 ; or
691 (B) a person who is seeking to influence any legislator to vote for or vote against any
692 legislation.
693 (ii) "Lobbyist" does not mean the governor or lieutenant governor.
694 (l) "Professional legislative staff" means persons employed by the Office of Legislative
695 Research and General Counsel, the Office of Legislative Fiscal Analyst, the Office of the
696 Legislative Auditor General, and the Office of Legislative Printing.
697 (2) (a) While the House is convened in annual general session or special session and
698 except as provided in Subsections (2)(b), (c), (d), and (e):
699 (i) only legislators, legislative employees, professional legislative staff, interns, former
700 legislators who are not lobbyists, the governor, and the lieutenant governor are allowed in the
701 House chamber; and
702 (ii) a Representative may have no more than one guest in the House chamber at any
703 one time.
704 (b) A Representative may invite only one of the following to sit next to the
705 Representative in the House chamber:
706 (i) a member of the Representative's immediate family;
707 (ii) another legislator;
708 (iii) a legislative employee;
709 (iv) a member of professional legislative staff; or
710 (v) an intern.
711 (c) The Speaker or the Speaker's designee may authorize special guests to be present in
712 the chamber or to sit with a Representative.
713 (d) (i) Except as provided in Subsection (2)(d)(ii), lobbyists do not have access to the
714 floor of the House.
715 (ii) (A) The Representative sponsoring a piece of legislation being debated by the
716 House may invite one lobbyist with expertise on the legislation being considered to be present
717 in the chamber.
718 (B) The Representative shall inform the Sergeant-at-Arms that the lobbyist is present.
719 (C) The Representative shall ensure that the lobbyist is seated on a bench in the rear of
720 the chamber during the presentation and debate on the legislation.
721 (D) If, during the course of debate on the legislation, the Representative needs the
722 assistance of the lobbyist, the Representative may request the permission of the Speaker to
723 have the lobbyist approach the Representative sponsoring the legislation to provide the needed
724 information.
725 (E) When the House moves to another item of business, the lobbyist shall leave the
726 House floor.
727 (e) Representatives who invite guests who are not lobbyists into the chamber shall:
728 (i) unless the guest is authorized by this rule to sit next to the Representative, ensure
729 that the guest sits on a bench in the rear of the chamber; and
730 (ii) inform the guest that they may stay only for a short visit not to exceed one hour.
731 (f) Representatives who are visited by groups shall arrange with the Sergeant-at-Arms
732 for them to be seated in the gallery.
733 (3) (a) While the House is convened in annual general session or special session and
734 except as provided in Subsection (3)(b), only legislators, legislative employees, professional
735 legislative staff, immediate family, interns, former legislators who are not lobbyists, the
736 governor, the lieutenant governor, and the governor's staff are allowed in the House lounge.
737 (b) (i) A Representative may invite a small number of lobbyists or guests to meet with
738 the Representative in the House lounge to educate them about the legislative process or to
739 discuss specific legislative issues.
740 (ii) The Representative shall ensure that the lobbyists and guests leave the House
741 space when the meeting is over.
742 (4) (a) While the House is convened in annual general session or special session and
743 except as provided in Subsection (4)(b), only legislators, legislative employees, professional
744 legislative staff, immediate family, interns, and former legislators who are not lobbyists are
745 allowed in the House offices.
746 (b) (i) A Representative may invite a small number of lobbyists or guests to meet with
747 the Representative in the Representative's House office or a House conference room to discuss
748 specific legislative issues.
749 (ii) The Representative shall ensure that the lobbyists and guests leave the House
750 space when the meeting is over.
751 (5) (a) While the House is convened as a body in House chambers, and except as
752 provided in Subsection (5)(b), only the following persons are allowed in the House halls:
753 (i) legislators;
754 (ii) legislative employees;
755 (iii) professional legislative staff;
756 (iv) interns;
757 (v) former legislators who are not lobbyists;
758 (vi) the governor; and
759 (vii) the lieutenant governor.
760 (b) Immediate family, lobbyists, and guests in transit to the House chamber, House
761 lounge, or House offices may pass through the House halls.
762 (6) The Sergeant-at-Arms, under the direction of the Speaker, shall enforce the
763 requirements of this rule.
764 Section 35. HR2-4-102 is enacted to read:
765 HR2-4-102. Representatives' Chairs Not To Be Occupied by Others.
766 When the House is convened in session, no one other than the Speaker or a member
767 may occupy the chair or use the desk of the Speaker or any Representative.
768 Section 36. HR2-4-103 is enacted to read:
769 HR2-4-103. Lobbying Prohibited.
770 Lobbying is not permitted in the House chamber.
771 Section 37. HR2-4-104 is enacted to read:
772 HR2-4-104. Recognition of Visiting Groups and Individuals.
773 (1) The presiding officer may recognize visiting groups and individuals.
774 (2) A Representative who requests and receives personal privilege from the Speaker or
775 the Speaker's designee may introduce visiting groups or individuals.
776 Section 38. HR2-4-105 is enacted to read:
777 HR2-4-105. News Media.
778 (1) (a) News media with House press credentials shall be admitted to the House
779 chamber, halls, lounge, and committee rooms.
780 (b) While the House is convened in House chambers, news media representatives shall
781 remain in the area designated for the news media and may not enter the floor of the House, the
782 circle, or the Speaker's dais.
783 (2) With permission of the Speaker or the Speaker's designee, the news media may
784 conduct and record interviews in the House lounge, halls, available committee rooms, or in the
785 House chamber or gallery.
786 (3) The news media shall also comply with the other provisions in HR2-4-102 and
787 HR2-4-103.
788 (4) The Sergeant-at-Arms, under the direction of the Speaker, shall enforce the
789 requirements of this rule.
790 Section 39. HR2-5-101 is enacted to read:
791
792 HR2-5-101. Representatives May Request and Sponsor Legislation --
793 Substituting a Sponsor -- Withdrawing as a Cosponsor.
794 (1) A Representative may request and sponsor legislation as provided in Joint Rules
795 Title 4, Bills and Resolutions.
796 (2) (a) After a piece of legislation has been introduced, the chief Representative
797 sponsor of the legislation may withdraw from sponsoring the legislation by:
798 (i) finding another Representative to act as chief sponsor of the legislation; and
799 (ii) filing a substitution of sponsorship form with the Chief Clerk before final passage
800 of the legislation in the House.
801 (b) A Representative seeking to withdraw as the chief sponsor need not obtain
802 permission from the House to withdraw.
803 (3) (a) Before final passage of the legislation in the House, a Representative cosponsor
804 of a bill may withdraw as a cosponsor of that legislation.
805 (b) A Representative seeking to withdraw as a cosponsor need not:
806 (i) obtain permission from the House to withdraw; or
807 (ii) provide a substitute cosponsor for the legislation.
808 Section 40. HR3-1-101 is enacted to read:
809
810
811
812
813
814 HR3-1-101. House Rules Committee -- Appointment -- General Responsibilities.
815 (1) The Speaker shall appoint members of the House of Representatives to serve on
816 the House Rules Committee.
817 (2) The House Rules Committee shall perform the following functions as further
818 elaborated in this part:
819 (a) receive introduced legislation from the House and recommend that the legislation
820 be assigned to a House standing committee or to the House third reading calendar;
821 (b) receive legislation from the House that has been sent back to the House Rules
822 Committee from the third reading calendar, and recommend to the House which legislation
823 should be assigned to the third reading calendar and the order in which it should be heard; and
824 (c) function as a standing committee or interim committee when reviewing Joint
825 Rules, Interim Rules, and House Rules.
826 Section 41. HR3-1-102 is enacted to read:
827 HR3-1-102. House Rules Committee -- Assignment Duties.
828 (1) The presiding officer shall submit all legislation introduced in the House of
829 Representatives to the House Rules Committee.
830 (2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
831 Committee, the committee shall:
832 (a) examine the legislation for proper form, including fiscal note and interim
833 committee note, if any; and
834 (b) either:
835 (i) refer legislation to the House with a recommendation:
836 (A) that the legislation be referred to a standing committee for consideration; or
837 (B) that the legislation be read the second time and placed on the third reading
838 calendar; or
839 (ii) hold the legislation.
840 (c) If the chair of the House Rules Committee receives a summary report from the
841 Occupational and Professional Licensure Review Committee related to newly regulating an
842 occupation or profession within the two calendar years immediately preceding the session in
843 which a piece of legislation is introduced related to the regulation by the Division of
844 Occupational and Professional Licensing of that occupation or profession:
845 (i) the chair of the House Rules Committee shall ensure that the House Rules
846 Committee is informed of the summary report before the House Rules Committee takes action
847 on the legislation; and
848 (ii) if the House Rules Committee refers the legislation to the House as provided for in
849 Subsection (2)(a)(i):
850 (A) the Office of Legislative Research and General Counsel shall make the summary
851 report reasonably available to the public and to legislators; and
852 (B) if the legislation is referred to a standing committee, the House Rules Committee
853 shall forward the summary report to the standing committee.
854 (3) In carrying out its functions and responsibilities under this rule, the House Rules
855 Committee may not:
856 (a) table legislation without the written consent of the sponsor;
857 (b) report out any legislation that has been tabled by a standing committee;
858 (c) amend legislation without the written consent of the sponsor; or
859 (d) substitute legislation without the written consent of the sponsor.
860 (4) The House Rules Committee may recommend a time certain for floor
861 consideration of any legislation when it is reported out of the House Rules Committee, or at
862 any other time.
863 (5) When the committee is carrying out its functions and responsibilities under this
864 rule, the committee shall:
865 (a) during a legislative session, give notice of its meetings by either:
866 (i) providing oral notice from the House floor of the time and place of its next
867 meeting; or
868 (ii) when oral notice is impractical, post written notice of its next meeting;
869 (b) when the Legislature is not in session, post a notice of meeting at least 24 hours
870 before the meeting convenes;
871 (c) have as its agenda all legislation in its possession for assignment to committee or
872 to the House calendars; and
873 (d) prepare minutes that include a record, by individual Representative, of votes taken.
874 (6) Anyone may attend a meeting of the rules committee, but comments and
875 discussion are limited to members of the committee and the committee's staff.
876 Section 42. HR3-1-103 is enacted to read:
877 HR3-1-103. House Rules Committee -Standing and Interim Committee Duties.
878 (1) The House Rules Committee has all the powers, functions, and duties of a standing
879 committee or interim committee when it:
880 (a) prepares the House Rules, Interim Rules, and Joint Rules and presents them to the
881 House before adjournment on the second day of each annual general session; or
882 (b) reviews all proposed House Rules, Interim Rules, or Joint Rules resolutions.
883 (2) Any rules resolutions reviewed and approved by the House Rules Committee may
884 be reported directly to the House for its approval, amendment, or disapproval.
885 (3) When meeting as a standing committee or interim committee under this rule,
886 persons other than committee members may address the committee at the discretion of the
887 chair.
888 (4) When meeting as a standing committee or interim committee under this rule, the
889 House Rules Committee shall comply with the provisions of Utah Code Title 52, Chapter 4,
890 Open and Public Meetings Act.
891 Section 43. HR3-1-104 is enacted to read:
892 HR3-1-104. Rules Committee Duties During Sifting.
893 (1) Upon motion from the floor, the House Rules Committee shall prioritize legislation
894 for floor action and review and update this priority as necessary for the calendars.
895 (2) The House Rules Committee may recommend a time certain for floor
896 consideration of any legislation when it is reported out of the House Rules Committee, or at
897 any other time.
898 (3) When the House Rules Committee is carrying out its functions and responsibilities
899 under this rule, the committee shall:
900 (a) during a legislative session, give notice of its meetings by either:
901 (i) providing oral notice from the floor of the time and place of its next meeting; or
902 (ii) when oral notice is impractical, post written notice of its next meeting;
903 (b) when the Legislature is not in session, post a notice of meeting at least 24 hours
904 before the meeting convenes;
905 (c) have as its agenda all legislation in its possession; and
906 (d) prepare minutes that include a record, by individual Representative, of votes taken.
907 (4) Anyone may attend a meeting of the rules committee, but comments and
908 discussion are limited to members of the committee and committee staff.
909 Section 44. HR3-1-105 is enacted to read:
910 HR3-1-105. Calendaring Interim Committee Legislation.
911 (1) The presiding officer shall have interim committee legislation that was approved
912 by a majority vote of the interim committee members, read for the first time and referred to the
913 House Rules Committee for calendaring.
914 (2) (a) The House Rules Committee may refer the legislation to the calendar without
915 standing committee review, or it may recommend that the legislation be referred to a standing
916 committee.
917 (b) If the House Rules Committee recommends that the legislation be placed on the
918 Third Reading Calendar without standing committee review, the sponsor or any other
919 Representative may move that the legislation be reviewed by a standing committee before the
920 legislation's consideration on the floor.
921 (c) If this motion is approved by a majority of the Representatives present, the
922 legislation shall be referred to a standing committee for consideration.
923 Section 45. HR3-1-201 is enacted to read:
924
925 HR3-1-201. Special Committees.
926 (1) The House may form special committees, including task forces, by motion or
927 resolution.
928 (2) The Speaker shall appoint the members of those special committees.
929 Section 46. HR3-2-101 is enacted to read:
930
931
932 HR3-2-101. Definitions.
933 As used in this chapter, "standing committee chair" means the chair of a standing
934 committee or the chair's designee.
935 Section 47. HR3-2-102 is enacted to read:
936 HR3-2-102. Standing Committee Review Required -- Exceptions.
937 (1) The House of Representatives may not pass a bill, joint resolution, or concurrent
938 resolution during the annual general session that has not been reviewed by a House standing
939 committee.
940 (2) This rule does not apply to:
941 (a) a resolution regarding legislative rules or legislative personnel;
942 (b) legislation that has been approved by an interim committee;
943 (c) the revisor's statute; or
944 (d) if the legislation was reviewed and approved by the Executive Appropriations
945 Committee, legislation that:
946 (i) exclusively appropriates monies;
947 (ii) amends Utah Code Title 53A, Chapter 17a, Minimum School Program Act;
948 (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; and
949 (iv) authorizes the issuance of general obligation or revenue bonds.
950 Section 48. HR3-2-103 is enacted to read:
951 HR3-2-103. Standing Committee Review of Legislation with Fiscal Impact.
952 Except as provided in HR3-2-102, a standing committee open to the public in one or
953 both houses shall review a piece of legislation before the legislation is held in the opposite
954 house because of its fiscal impact.
955 Section 49. HR3-2-104 is enacted to read:
956 HR3-2-104. Standing Committees Prohibited from Meeting While House is in
957 Session -- Exceptions.
958 A standing committee may not meet while the House is in session unless:
959 (1) the chair receives permission to meet from the Speaker; or
960 (2) a floor motion for the committee to meet while the House is in session is approved
961 by a majority of the Representatives present on the floor.
962 Section 50. HR3-2-201 is enacted to read:
963
964 HR3-2-201. Standing Committees.
965 (1) The Speaker shall appoint the following standing committees, including
966 appointing a chair and vice-chair:
967 (a) Business and Labor;
968 (b) Education;
969 (c) Government Operations;
970 (d) Health and Human Services;
971 (e) House Rules;
972 (f) Judiciary;
973 (g) Law Enforcement and Criminal Justice;
974 (h) Natural Resources, Agriculture, and Environment;
975 (i) Political Subdivisions;
976 (j) Public Utilities and Technology;
977 (k) Revenue and Taxation;
978 (l) Transportation; and
979 (m) Workforce Services and Community and Economic Development.
980 (2) The members of the Retirement and Independent Entities Committee created in
981 Utah Code Section 63E-1-201 who are appointed from the House of Representatives are a
982 standing committee.
983 Section 51. HR3-2-202 is enacted to read:
984 HR3-2-202. Committee Attendance -- Quorum.
985 (1) Except as provided in Subsection (2), a majority of a standing committee is a
986 quorum for the transaction of business.
987 (2) In determining whether or not a quorum is present, the Speaker, Majority Leader,
988 Majority Whip, Assistant Majority Whip, House Rules Committee Chair, House
989 Appropriations Committee Chair, Minority Leader, Minority Whip, Assistant Minority Whip,
990 and the fourth member of leadership from the minority party are not counted in determining a
991 quorum, except during the time that the Representative is present at the meeting.
992 Section 52. HR3-2-301 is enacted to read:
993
994 HR3-2-301. Chair to Set Agenda.
995 The standing committee chair, or the standing committee chair's designee, shall set the
996 agenda for standing committee meetings.
997 Section 53. HR3-2-302 is enacted to read:
998 HR3-2-302. Notice of Standing Committee Meetings.
999 (1) (a) The standing committee chair may call committee meetings after giving not
1000 less than 24 hours public notice as required under Utah Code Title 52, Chapter 4, Open and
1001 Public Meetings Act.
1002 (b) Staff shall post the time, room number, and agenda of a committee meeting in an
1003 area accessible to the public.
1004 (2) The standing committee chair shall:
1005 (a) notify the sponsor of legislation pending before the committee of the time and
1006 place of the committee meeting in which the legislation will be considered; and
1007 (b) invite the chief sponsor to present the legislation to the committee before the
1008 committee acts on it.
1009 Section 54. HR3-2-303 is enacted to read:
1010 HR3-2-303. Legislation Scheduled for Time Certain Has Priority in Committee.
1011 If legislation assigned to a standing committee has been placed on the time certain
1012 calendar, the standing committee chair shall place that legislation on an agenda for the
1013 standing committee's review so that the committee's report on the legislation is received by the
1014 floor before the time set for consideration of the legislation.
1015 Section 55. HR3-2-304 is enacted to read:
1016 HR3-2-304. Agenda to Include Tabled Legislation.
1017 (1) A standing committee chair shall ensure that the standing committee's agenda lists
1018 the number, title, and sponsor of any legislation tabled by the standing committee at the
1019 previous standing committee meeting.
1020 (2) As provided in HR3-2-408, the standing committee may lift the tabled legislation
1021 from the table at the meeting following the one at which it was tabled.
1022 Section 56. HR3-2-401 is enacted to read:
1023
1024 HR3-2-401. Chair to Set the Agenda -- Chair to Preserve Order -- Appeal --
1025 Restrictions on Visitors -- Disorderly Conduct in Committee Meeting.
1026 (1) (a) The standing committee chair shall decide points of order.
1027 (b) On motion and approval by a majority vote of the committee members present, the
1028 committee may override the chair's decision on any point of order.
1029 (c) The motion and action shall be entered in the standing committee minutes.
1030 (2) (a) A visitor may not speak or address the committee unless the visitor is
1031 recognized by the standing committee chair.
1032 (b) The standing committee chair may impose restrictions on the time a visitor is
1033 allowed to speak.
1034 (c) A visitor may not sit in Representatives' chairs.
1035 (d) The standing committee chair may order the committee room cleared of visitors if
1036 there is disorderly conduct.
1037 Section 57. HR3-2-402 is enacted to read:
1038 HR3-2-402. Voting -- Chair to Verbally Announce the Vote -- Dissenting
1039 Members to Be Reported -- Division of the Question.
1040 (1) A committee member present shall vote on every question.
1041 (2) (a) If requested by a committee member or at the discretion of the chair, the
1042 standing committee chair may direct a roll call vote.
1043 (b) During a vote, the standing committee chair may not take any motions or conduct
1044 any other business.
1045 (3) (a) If a question contains several points, a committee member may, except as
1046 provided in Subsection (3)(d), request to have the question divided for purposes of voting.
1047 (b) The committee member requesting division of the question shall clearly state how
1048 the question is to be divided.
1049 (c) (i) The standing committee chair shall determine how many divisions may be made
1050 to any question.
1051 (ii) The committee may seek to overrule the standing committee chair's decision only
1052 once.
1053 (d) A committee member may not request, and the standing committee chair may not
1054 grant, division of the question when the motion directs that language be stricken and new
1055 language be inserted.
1056 (4) After the committee votes on a question, the standing committee chair shall:
1057 (a) determine whether the motion passed or failed;
1058 (b) verbally announce that the motion passed or that the motion failed;
1059 (c) verbally identify by name either the committee members who voted "yes" or the
1060 committee members who voted "no"; and
1061 (d) ensure that the vote is recorded in the minutes.
1062 (5) Members dissenting from a committee report may file a minority report or may be
1063 listed on the committee report as dissenting.
1064 Section 58. HR3-2-403 is enacted to read:
1065 HR3-2-403. Committee Order of Business.
1066 Unless the standing committee chair or a majority of the committee determines
1067 otherwise, the standing committee order of business is:
1068 (1) call to order by the standing committee chair;
1069 (2) approval of the minutes of previous meetings;
1070 (3) announcement of the agenda;
1071 (4) announcement of time restrictions, if any;
1072 (5) communications, if any; and
1073 (6) consideration of standing committee business.
1074 Section 59. HR3-2-404 is enacted to read:
1075 HR3-2-404. Public Comment During Standing Committee Meetings.
1076 (1) (a) During a standing committee meeting, the chair shall receive public comment
1077 and testimony during the public comment portion of the committee meeting, if a public
1078 comment portion is held.
1079 (b) The standing committee chair, or a majority of the standing committee, may
1080 terminate the public comment phase of the committee meeting.
1081 (c) Once any public comment phase of the committee meeting has ended,
1082 non-committee members may not provide public comment unless the standing committee
1083 chair or a majority of the standing committee authorizes additional public comment.
1084 (2) (a) At the direction of the standing committee chair, or upon a majority vote of the
1085 standing committee, the testimony of any person speaking during the public comment phase of
1086 the committee meeting may be taken under oath.
1087 (b) The standing committee chair or committee staff shall administer the oath.
1088 Section 60. HR3-2-405 is enacted to read:
1089 HR3-2-405. Public Hearings.
1090 (1) The standing committee chair or a majority of the committee may:
1091 (a) hold a public hearing in addition to, or instead of, a regular standing committee
1092 meeting; and
1093 (b) hold the public hearing on a single piece of legislation or on a broader subject
1094 contained in one or more pieces of legislation.
1095 (2) If the standing committee holds a public hearing independent of a regular standing
1096 committee meeting, the standing committee chair shall:
1097 (a) give notice of the public hearing by complying with the procedures and
1098 requirements of Utah Code Title 52, Chapter 4, Open and Public Meetings Act; and
1099 (b) ensure that the notice includes the legislation to be considered.
1100 (3) The standing committee chair may, subject to the approval of the standing
1101 committee, adopt procedures for the orderly conduct of the hearing, including:
1102 (a) limiting the time for the public hearing;
1103 (b) limiting the time that individual speakers may speak; and
1104 (c) directing the order in which speakers will be heard.
1105 (4) During a public hearing, the standing committee may request or require testimony
1106 by persons who have expertise on the legislation under discussion.
1107 (5) (a) At the direction of the standing committee chair, or upon a majority vote of the
1108 standing committee, the testimony of any person speaking during the public hearing may be
1109 taken under oath.
1110 (b) The standing committee chair or committee staff shall administer the oath.
1111 Section 61. HR3-2-406 is enacted to read:
1112 HR3-2-406. Standing Committee Duties -- Process.
1113 (1) With a majority vote, a standing committee may, for each piece of legislation in its
1114 possession:
1115 (a) pass the legislation out of the standing committee with a recommendation that it be
1116 read for the second time and placed on the third reading calendar;
1117 (b) pass the legislation out of committee with a recommendation that it be read for the
1118 second time and placed on the consent calendar;
1119 (c) amend the legislation;
1120 (d) substitute the legislation;
1121 (e) hold the legislation;
1122 (f) table the legislation;
1123 (g) return the legislation to the House Rules Committee; or
1124 (h) some combination of Subsections (1)(a) through (g).
1125 (2) If in accordance with HR3-1-102 the House Rules Committee forwards a summary
1126 report from the Occupational and Professional Licensure Review Committee in conjunction
1127 with legislation referred to a standing committee, the chair of the standing committee shall
1128 ensure that the summary report is read orally to the standing committee before action is taken
1129 by the standing committee on the legislation that is related to the summary report.
1130 (3) A standing committee may report a piece of legislation to the House with the
1131 recommendation that the legislation be placed on the consent calendar if:
1132 (a) the sponsor has requested that the legislation be placed on the consent calendar;
1133 (b) the committee has passed the legislation out favorably by unanimous vote with a
1134 quorum present; and
1135 (c) in a separate motion and vote, the committee has, with a quorum present,
1136 unanimously recommended that the legislation be placed on the consent calendar.
1137 (4) The standing committee chair shall ensure that:
1138 (a) the committee sends a report to the House detailing its action on each piece of
1139 legislation referred to it;
1140 (b) a secretary records attendance and takes minutes of committee action; and
1141 (c) the record of attendance and minutes are filed in the office of the Chief Clerk of
1142 the House and retained for three years.
1143 Section 62. HR3-2-407 is enacted to read:
1144 HR3-2-407. Reconsideration of Action.
1145 (1) Except as provided in Subsection (2), a standing committee may, by majority vote
1146 of those present, reconsider any committee action at any time before the committee report is
1147 sent to the House.
1148 (2) A standing committee may not reconsider a piece of legislation more than once.
1149 Section 63. HR3-2-408 is enacted to read:
1150 HR3-2-408. Disposition of Legislation Tabled in a Standing Committee.
1151 (1) The standing committee chair shall hold any legislation tabled in a standing
1152 committee until the next committee meeting.
1153 (2) (a) At the next committee meeting, the standing committee may, with a two-thirds
1154 vote, lift the tabled legislation from the table.
1155 (b) When a motion to lift a piece of tabled legislation is made, the standing committee
1156 chair shall:
1157 (i) give proponents five minutes to address the motion;
1158 (ii) give opponents five minutes to address the motion; and
1159 (iii) give the proponents one minute to sum up.
1160 (c) (i) If tabled legislation is lifted from the table at the next committee meeting after it
1161 was tabled, the standing committee may not take any further action on the legislation at that
1162 meeting.
1163 (ii) If the legislation is placed on an agenda for a subsequent standing committee
1164 meeting, the standing committee may take any of the actions on the legislation authorized by
1165 HR3-2-406(1).
1166 (3) The standing committee chair shall send any legislation tabled in the standing
1167 committee that is not lifted from the table at the next standing committee meeting to the House
1168 Rules Committee for filing.
1169 (4) With a constitutional two-thirds vote of the House of Representatives, the House
1170 may lift legislation tabled in a standing committee meeting from:
1171 (a) the House Rules Committee; or
1172 (b) that standing committee before the committee's next meeting.
1173 Section 64. HR3-2-409 is enacted to read:
1174 HR3-2-409. Substitute Legislation -- Substitutes Must Be Germane.
1175 (1) Except as provided in Subsection (2), a Representative may, if recognized by the
1176 committee chair while the standing committee is debating a piece of legislation, make a
1177 motion to substitute the legislation.
1178 (2) (a) The committee member making the motion to substitute shall ensure that the
1179 substitute is germane to the subject of the original legislation under consideration.
1180 (b) If a committee member believes that a substitute is not germane to the subject of
1181 the original legislation, the committee member may raise a point of order alleging that the
1182 substitute is not germane.
1183 (c) The committee chair shall rule on the point of order by determining whether or not
1184 the substitute is germane to the subject of the original legislation.
1185 Section 65. HR3-2-410 is enacted to read:
1186 HR3-2-410. Amending Legislation -- Amendment Must Be Germane.
1187 (1) (a) Except as provided in Subsection (2), a committee member may, if recognized
1188 by the standing committee chair while the committee is debating a piece of legislation, make a
1189 motion to amend the legislation.
1190 (b) (i) A committee member may verbally propose an amendment to a piece of
1191 legislation if the amendment contains 15 words or less.
1192 (ii) A committee member shall ensure that a proposed amendment containing more
1193 than 15 words is printed and distributed to the committee staff and all committee members
1194 present before the amendment is proposed.
1195 (2) (a) The committee member making the motion to amend shall ensure that the
1196 amendment is germane to the subject of the original legislation under consideration.
1197 (b) If a committee member believes that an amendment is not germane to the subject
1198 of the original legislation, the committee member may raise a point of order alleging that the
1199 amendment is not germane.
1200 (c) The standing committee chair shall rule on the point of order by determining
1201 whether or not the amendment is germane to the subject of the original legislation.
1202 Section 66. HR3-2-501 is enacted to read:
1203
1204 HR3-2-501. Obtaining the Floor in Committee -- Remarks to Be Germane.
1205 (1) The standing committee chair shall recognize any committee member who wishes
1206 to speak to the subject under consideration.
1207 (2) Upon recognition by the standing committee chair, the committee member shall
1208 ensure that the member's remarks are germane to the subject under consideration.
1209 Section 67. HR3-2-502 is enacted to read:
1210 HR3-2-502. Motions in Committee -- General Requirements and Procedures.
1211 (1) (a) Except as provided in Subsections (2) and (3), any standing committee member
1212 who is recognized by the standing committee chair may make a motion.
1213 (b) A second to the motion is not required.
1214 (2) (a) A committee member may not speak to a matter and then make a motion unless
1215 the committee member has:
1216 (i) asked the standing committee chair to allow the member to reserve the right to
1217 make a motion; and
1218 (ii) received permission to do so from the standing committee chair.
1219 (b) In speaking to the matter, the committee member shall confine the member's
1220 remarks to the subject of the motion to be made.
1221 (c) A committee member may only reserve the right to make:
1222 (i) a motion to amend; or
1223 (ii) a substitute motion.
1224 (3) A committee member may not make:
1225 (a) a motion to strike the enacting clause of a bill;
1226 (b) a motion to strike the resolving clause of a resolution; or
1227 (c) a motion to circle.
1228 (4) The standing committee chair shall:
1229 (a) restate each oral motion made by a committee member; and
1230 (b) ensure that each written motion made by a committee member is distributed to the
1231 committee members.
1232 (5) The committee member who made a motion may withdraw it at any time before
1233 the vote on the motion, unless a substitute motion has been made and is still pending.
1234 Section 68. HR3-2-503 is enacted to read:
1235 HR3-2-503. Substitute Motions.
1236 (1) A committee member may, upon recognition by the standing committee chair,
1237 make a substitute motion, which, if adopted by a vote of a majority of the members present,
1238 disposes of the original motion.
1239 (2) If the substitute motion is not adopted, the original motion is revived.
1240 (3) The committee member who made a substitute motion may withdraw it any time
1241 before the vote on the substitute motion.
1242 (4) A committee member may not:
1243 (a) make a substitute motion if another substitute motion has been made and is
1244 pending; or
1245 (b) make a motion to end debate (call the previous question) as a substitute motion.
1246 Section 69. HR3-2-504 is enacted to read:
1247 HR3-2-504. Motions in Order During Debate.
1248 (1) (a) When a motion or question is being debated, the standing committee chair may
1249 not accept any other motion except a motion:
1250 (i) to adjourn, which is nondebatable;
1251 (ii) to determine the time to which to adjourn, which is debatable;
1252 (iii) to recess, which is nondebatable;
1253 (iv) to end debate (call the previous question), which is nondebatable and requires a
1254 two-thirds vote to pass;
1255 (v) to refer to another committee, which is debatable;
1256 (vi) to limit debate, which is debatable;
1257 (vii) to postpone to a time certain, which is debatable;
1258 (viii) to table, which is debatable;
1259 (ix) to adopt a substitute, which is debatable; or
1260 (x) to amend, which is debatable.
1261 (b) Points of order and appeals of the decision of the chair are not motions and are
1262 always in order.
1263 (c) The standing committee chair shall grant priority to the motions listed in
1264 Subsection (1)(a) according to the order in which they are listed in that subsection.
1265 (2) (a) If a motion to amend or substitute the legislation has been proposed and is
1266 under consideration by the committee, the standing committee chair shall treat a motion to end
1267 debate (call the previous question) as directed only toward adoption of the amendment or
1268 substitute.
1269 (b) If no motion to amend or substitute legislation has been made, the standing
1270 committee chair shall treat a motion to end debate (call the previous question) as directed
1271 toward action on the legislation itself.
1272 (3) If a motion to postpone a piece of legislation to a day certain or a motion to return
1273 a piece of legislation to the Rules committee is defeated, a committee member may not make
1274 the same motion on the same piece of legislation during the same committee meeting.
1275 Section 70. HR3-2-505 is enacted to read:
1276 HR3-2-505. Nondebatable Motions.
1277 (1) The standing committee chair may not allow debate on a motion:
1278 (a) to adjourn;
1279 (b) to recess; and
1280 (c) to end debate (call the previous question).
1281 (2) The standing committee chair shall decide all points of order arising from one of
1282 the motions identified in Subsection (1) without debate.
1283 Section 71. HR3-2-506 is enacted to read:
1284 HR3-2-506. Motion to Adjourn.
1285 A motion to adjourn is always in order except:
1286 (1) when a vote is being taken;
1287 (2) when a previous motion to adjourn has been defeated and no intervening business
1288 has been transacted; or
1289 (3) when another committee member has the floor.
1290 Section 72. HR3-2-601 is enacted to read:
1291
1292 HR3-2-601. Committee Reports.
1293 (1) When a piece of legislation is acted upon by a committee, the standing committee
1294 chair shall, no later than the next legislative day, submit to the Chief Clerk of the House:
1295 (a) the official version of the legislation; and
1296 (b) a committee report detailing the committee's action signed by the standing
1297 committee chair.
1298 (2) (a) If a piece of legislation is tabled by a committee and is not lifted from the table
1299 at the next standing committee, the standing committee chair shall, no later than the next
1300 legislative day, submit a committee report to the Chief Clerk of the House informing the
1301 House that the legislation was tabled.
1302 (b) After reading the committee report on the tabled legislation, the Chief Clerk shall
1303 send the legislation to the House Rules Committee.
1304 Section 73. HR4-1-101 is enacted to read:
1305
1306
1307 HR4-1-101. Definitions.
1308 (1) "Appropriations bill" means a bill that appropriates money and makes no change to
1309 statute.
1310 (2) "Constitutional majority vote" means that the matter requires 38 votes to pass on
1311 the House floor.
1312 (3) "Constitutional two-thirds vote" means that the matter requires 50 votes to pass on
1313 the House floor.
1314 (4) "Majority vote" means that the matter requires the votes of a majority of those
1315 present to pass on the House floor.
1316 (5) "Two-thirds vote" means that the matter requires the vote of two-thirds of those
1317 present to pass on the House floor.
1318 (6) "Point of order" means a question raised by a Representative about whether or not
1319 there has been a breach of order, a breach of rules, or a breach of established parliamentary
1320 practice.
1321 (7) "Presiding officer" means the person presiding over the Utah House of
1322 Representatives and includes:
1323 (a) the Speaker;
1324 (b) the Speaker Pro Tempore; and
1325 (c) any Representative presiding under HR1-3-103.
1326 Section 74. HR4-2-101 is enacted to read:
1327
1328
1329
1330 HR4-2-101. Duties of Presiding Officer.
1331 The presiding officer may:
1332 (1) call the House to order at the time scheduled for convening, and proceed with the
1333 daily order of business;
1334 (2) announce the business before the House in the order that it is to be acted upon;
1335 (3) receive and submit all motions and proposals presented by Representatives;
1336 (4) put to a vote all questions that arise in the course of proceedings, and announce the
1337 results of the vote;
1338 (5) enforce the House Rules governing debates;
1339 (6) enforce observance of order and decorum;
1340 (7) inform the House on any point of order or practice;
1341 (8) receive and announce to the House any official messages and communications;
1342 and
1343 (9) sign all bills, resolutions, orders, and proceedings of the House.
1344 Section 75. HR4-2-102 is enacted to read:
1345 HR4-2-102. Obtaining the Floor.
1346 (1) When a Representative wishes to be recognized to speak, the Representative shall:
1347 (a) notify the presiding officer by electronic means; or
1348 (b) if the electronic notification system is not operational, rise and address the
1349 presiding officer as:
1350 (i) "Mr. (Madam) Speaker"; or
1351 (ii) "Mr. (Madam) Speaker Pro Temp."
1352 (2) If two or more Representatives rise at the same time to speak, the presiding officer
1353 shall decide which Representative is to speak first.
1354 (3) After being recognized, the Representative shall confine the Representative's
1355 remarks to the issue under consideration.
1356 Section 76. HR4-2-103 is enacted to read:
1357 HR4-2-103. Calling a Representative to Order for Violation of a Rule.
1358 (1) (a) The presiding officer may call a Representative to order for violating any House
1359 or Joint Rule.
1360 (b) Any Representative may call another Representative to order for violating any
1361 House or Joint Rule by raising a point of order under HR4-2-201.
1362 (2) If the Representative called to order appeals the ruling of the presiding officer, the
1363 House shall decide the issue without debate.
1364 (3) (a) If the decision is favorable to the Representative who has been called to order,
1365 the Representative may proceed.
1366 (b) If the decision is unfavorable, the Representative is subject to censure by the
1367 House.
1368 (4) Notwithstanding Subsection (1), a Representative may not be called to order or
1369 censured for words spoken in debate if there has been intervening business.
1370 Section 77. HR4-2-104 is enacted to read:
1371 HR4-2-104. Motions in Writing.
1372 (1) A Representative shall submit certain motions to amend in writing as required by
1373 HR4-3-301.
1374 (2) Except as provided in Subsection (3), if a Representative requests that a motion be
1375 presented in writing, the presiding officer may require that the maker of the motion prepare
1376 and submit a written motion to the Chief Clerk.
1377 (3) The presiding officer may not require that the following motions be presented in
1378 writing:
1379 (a) a motion to adjourn;
1380 (b) a motion to circle;
1381 (c) a motion to table; or
1382 (d) a motion to refer to committee.
1383 Section 78. HR4-2-201 is enacted to read:
1384
1385 HR4-2-201. Point of Order.
1386 (1) (a) If a Representative believes that there has been a breach of order, a breach of
1387 rules, or a breach of established parliamentary practice, the Representative may rise and,
1388 without being recognized, state: "point of order."
1389 (b) When a Representative raises a point of order:
1390 (i) the presiding officer shall interrupt the proceedings;
1391 (ii) the Representative who has the floor shall yield the floor; and
1392 (iii) the presiding officer shall ask the Representative raising the point of order to
1393 "state your point."
1394 (c) When the presiding officer responds "state your point," the Representative shall
1395 briefly explain the alleged breach to the body, citing to appropriate authority if possible.
1396 (2) (a) The presiding officer may:
1397 (i) speak to points of order in preference to other Representatives rising for that
1398 purpose;
1399 (ii) rule on the point of order immediately;
1400 (iii) consult with the Chief Clerk, the parliamentarian, or both before ruling on the
1401 point of order; or
1402 (iv) suggest that the House recess until the presiding officer can research and rule on
1403 the point of order.
1404 (b) (i) Although points of order are generally decided without debate, the presiding
1405 officer may submit the point of order to the House for decision in doubtful cases.
1406 (ii) If submitted to the House for decision, a presiding officer shall allow debate or
1407 discussion on the point of order by recognizing members of the House who wish to speak to
1408 the point of order.
1409 (iii) A decision by the House deciding a point of order is not subject to appeal.
1410 (3) When the presiding officer rules on the point of order, any Representative who
1411 disagrees with the presiding officer's decision may appeal that decision to the House by
1412 following the procedures and requirements of HR4-2-202.
1413 Section 79. HR4-2-202 is enacted to read:
1414 HR4-2-202. Appeals from the Decision of the Chair.
1415 (1) Although the tradition in the Utah House is to give great weight to the rulings of
1416 the presiding officer and not make appeals lightly, a Representative who disagrees with a
1417 ruling of the presiding officer may appeal that decision to the House by rising and, without
1418 waiting to be recognized, saying "I appeal the decision of the chair."
1419 (2) When a Representative appeals the decision of the chair, the presiding officer shall
1420 clearly state the decision appealed from and may state the reasons for the decision.
1421 (3) (a) An appeal is debatable.
1422 (b) A Representative may not speak more than once on the appeal without leave of the
1423 House.
1424 (4) The question on appeal is: "Shall the decision of the chair stand as the judgment of
1425 the House?"
1426 (5) When a decision of the presiding officer is appealed, a majority vote of the
1427 Representatives present is required to override that decision.
1428 (6) The Chief Clerk shall ensure that the appeal and the action of the House on the
1429 appeal are entered in the journal.
1430 Section 80. HR4-3-101 is enacted to read:
1431
1432
1433 HR4-3-101. Consideration of Bills.
1434 (1) Except for the 43rd, 44th, and 45th day of the annual general session, a piece of
1435 legislation may not be read for the third time until at least the day after it is placed on the third
1436 reading calendar.
1437 (2) Legislation on third reading calendar shall be considered in the order that it
1438 appears on the calendar unless a constitutional majority vote of the members of the House
1439 directs other action.
1440 Section 81. HR4-3-102 is enacted to read:
1441 HR4-3-102. Re-assigning Legislation Assigned to a Standing Committee.
1442 Legislation that has been assigned to a standing committee may be assigned to the
1443 Rules committee or a different standing committee by:
1444 (1) the presiding officer;
1445 (2) the House of Representatives by majority vote upon motion from the floor; or
1446 (3) the House of Representatives by majority vote if the committee to which the
1447 legislation was assigned recommends in its committee report that the legislation be returned to
1448 the House Rules Committee.
1449 Section 82. HR4-3-103 is enacted to read:
1450 HR4-3-103. Action on Senate Legislation.
1451 (1) When a piece of Senate legislation is received by the House with a transmittal
1452 letter informing the House that it has passed the Senate, the presiding officer shall:
1453 (a) have the legislation read for the first time; and
1454 (b) refer it to the House Rules Committee.
1455 (2) Action on Senate legislation is the same as for House legislation.
1456 Section 83. HR4-3-104 is enacted to read:
1457 HR4-3-104. Time Limit for House Legislation.
1458 (1) Except for an appropriations bill, the House may not consider a piece of legislation
1459 introduced by a House member after the 42nd day of the annual general session of the
1460 Legislature.
1461 (2) The House may suspend this rule only by a constitutional two-thirds vote.
1462 Section 84. HR4-3-201 is enacted to read:
1463
1464 HR4-3-201. Substitute Legislation.
1465 (1) A motion to adopt a substitute piece of legislation is in order on third reading.
1466 (2) The Office of Legislative Research and General Counsel shall number each
1467 substitute for record keeping and tracking purposes.
1468 Section 85. HR4-3-202 is enacted to read:
1469 HR4-3-202. Substitute Must Be Germane.
1470 (1) Except as provided in Subsection (2), a Representative may, if recognized by the
1471 presiding officer while the House is debating a piece of legislation, make a motion to
1472 substitute the legislation.
1473 (2) (a) The Representative making the motion to substitute shall ensure that the
1474 substitute is germane to the subject of the original legislation under consideration.
1475 (b) If a Representative believes that a substitute is not germane to the subject of the
1476 original legislation, the Representative may raise a point of order alleging that the substitute is
1477 not germane.
1478 (c) The presiding officer shall rule on the point of order by determining whether or not
1479 the substitute is germane to the subject of the original legislation.
1480 Section 86. HR4-3-301 is enacted to read:
1481
1482 HR4-3-301. Amendments in Order on Third Reading -- 15 Word Rule -- Passage
1483 of Amendments by a Majority Vote.
1484 (1) A motion to amend a piece of legislation is in order on third reading.
1485 (2) (a) A Representative may verbally propose an amendment to legislation if the
1486 amendment contains 15 words or less.
1487 (b) A Representative shall ensure that a proposed amendment containing more than 15
1488 words is printed on pink paper and available to the Chief Clerk and each Representative
1489 present before the motion to amend is made.
1490 (3) A constitutional amendment, resolution, or bill requiring a constitutional
1491 two-thirds vote for final passage, may be amended by a majority vote.
1492 (4) When legislation is amended by the House, the Chief Clerk shall:
1493 (a) for each page of the legislation modified by a House amendment, cause a new page
1494 to be printed that clearly identifies each House amendment to that page; and
1495 (b) print that new page on lilac-colored paper.
1496 Section 87. HR4-3-302 is enacted to read:
1497 HR4-3-302. Amendment Must Be Germane.
1498 (1) Except as provided in Subsection (2), a Representative may, if recognized by the
1499 presiding officer while the House is debating a piece of legislation, make a motion to amend
1500 the legislation.
1501 (2) (a) The Representative making the motion to amend shall ensure that the
1502 amendment is germane to the subject of the original legislation under consideration.
1503 (b) If a Representative believes that an amendment is not germane to the subject of the
1504 original legislation, the Representative may raise a point of order alleging that the amendment
1505 is not germane.
1506 (c) The presiding officer shall rule on the point of order by determining whether or not
1507 the amendment is germane to the subject of the original legislation.
1508 Section 88. HR4-4-101 is enacted to read:
1509
1510
1511 HR4-4-101. Second Reading Calendar.
1512 (1) The Chief Clerk of the House or the Chief Clerk's designee shall:
1513 (a) read to the House each standing committee report submitted to the House; and
1514 (b) read the legislation by title unless the House suspends this requirement by a
1515 two-thirds vote.
1516 (2) The adoption of the House standing committee report is the second reading of each
1517 piece of legislation referred to in the report.
1518 (3) (a) If the House passes a motion to adopt the committee report, the amendments
1519 and substitutes adopted by the committee and identified on the committee report become
1520 legally part of the legislation.
1521 (b) If a motion to adopt the committee report fails, the Chief Clerk shall return the
1522 legislation to the House Rules Committee.
1523 (4) A majority vote of the House is required to:
1524 (a) approve a motion to adopt the committee report; and
1525 (b) pass the legislation on second reading to the third reading or consent calendar.
1526 Section 89. HR4-4-201 is enacted to read:
1527
1528 HR4-4-201. Third Reading Calendar -- Procedures.
1529 (1) (a) For the third reading on a piece of legislation, the Chief Clerk of the House or
1530 the Chief Clerk's designee shall read the legislation by title unless the House suspends this
1531 requirement by a two-thirds vote.
1532 (b) (i) After reading the title of the legislation, the Chief Clerk or the Chief Clerk's
1533 designee shall identify the House standing committee that reviewed the legislation and the
1534 vote in that committee.
1535 (ii) If the legislation has not been reviewed by a House standing committee, the Chief
1536 Clerk or the Chief Clerk's designee shall announce that the legislation was not reviewed by a
1537 House standing committee.
1538 (2) When the Chief Clerk or the Chief Clerk's designee has completed the third
1539 reading of the legislation, the legislation is before the House for debate.
1540 (3) When debate on the legislation is complete, the presiding officer shall:
1541 (a) pose the final question: "This bill (resolution) has been read three times; the
1542 question is: Shall the bill (resolution) pass?"; and
1543 (b) take the final vote on the legislation.
1544 Section 90. HR4-4-202 is enacted to read:
1545 HR4-4-202. Disposition of Legislation Voted on Third Reading.
1546 (1) Except as provided in Subsection (2), the Chief Clerk or the Chief Clerk's designee
1547 shall:
1548 (a) for a piece of House legislation passed by the House on third reading but not yet
1549 acted upon by the Senate, transmit the House legislation to the Senate for its further action;
1550 (b) for a piece of House legislation that fails to pass the House on third reading, file
1551 the legislation;
1552 (c) for a piece of House legislation that has passed both houses, follow the procedures
1553 and requirements of JR4-6-101(1)(b);
1554 (d) for a piece of Senate legislation passed by the House on third reading and not
1555 amended or substituted in the House, transmit the Senate legislation to the presiding officer of
1556 the House for the presiding officer's signature and return the legislation to the Senate for the
1557 signature of the President of the Senate;
1558 (e) for a piece of Senate legislation passed by the House on third reading that was
1559 amended or substituted in the House, transmit the legislation to the Senate with the
1560 amendments or substitute for further action by the Senate; and
1561 (f) for a piece of Senate legislation that fails to pass the House on third reading,
1562 transmit the legislation to the Senate with notice of the House's action.
1563 (2) (a) The Chief Clerk shall ensure that the House retains possession of a piece of
1564 legislation for no more than one legislative day when:
1565 (i) a Representative gives notice of intention to move for reconsideration to the Chief
1566 Clerk;
1567 (ii) a Representative requests that the Chief Clerk hold the legislation; or
1568 (iii) the House passes a motion to retain possession of the legislation.
1569 (b) Notwithstanding the requirements of Subsection (2)(a), a piece of legislation may
1570 be released earlier than 24 hours if the House is given prior public notice of the release.
1571 Section 91. HR4-4-203 is enacted to read:
1572 HR4-4-203. Motion to Lift Legislation from Committee.
1573 (1) A Representative may make a motion to lift a piece of legislation from a standing
1574 committee or the House Rules Committee and place it on the third reading calendar.
1575 (2) (a) Except as provided in Subsection (2)(b), if the motion is approved by a
1576 majority of the members present, the presiding officer shall direct that the legislation be placed
1577 on the bottom of the third reading calendar.
1578 (b) During the 43nd, 44th, and 45th day of the annual general session, and during any
1579 special session, a motion to lift a piece of legislation from a standing committee or the House
1580 Rules Committee must be approved by a vote of two-thirds of the members present.
1581 Section 92. HR4-4-301 is enacted to read:
1582
1583 HR4-4-301. Consent Calendar.
1584 (1) If a standing committee report recommends that a piece of legislation be placed on
1585 the consent calendar and the standing committee report is adopted by the House, the Chief
1586 Clerk or the Chief Clerk's designee shall place the legislation on the consent calendar.
1587 (2) (a) Whenever the consent calendar contains legislation, the presiding officer shall
1588 inform the House each day that:
1589 (i) there are items on the consent calendar; and
1590 (ii) if any Representative objects to a piece of legislation on the consent calendar, that
1591 Representative should inform the Chief Clerk.
1592 (b) If the Chief Clerk receives written objections to a piece of legislation from six or
1593 more Representatives, the Chief Clerk shall:
1594 (i) remove the legislation from the consent calendar;
1595 (ii) inform the sponsor that the legislation has been removed from the consent
1596 calendar; and
1597 (iii) place the legislation at the bottom of the third reading calendar.
1598 (3) The presiding officer shall announce that the legislation has been removed from
1599 the consent calendar.
1600 (4) (a) If, after three days during which the House has floor time, no more than five
1601 members have registered written objections to the legislation with the Chief Clerk:
1602 (i) the legislation shall be read the third time;
1603 (ii) the presiding officer shall grant the sponsor of the legislation two minutes to
1604 introduce and explain the legislation; and
1605 (iii) the presiding officer shall pose the question and take the final vote on the
1606 legislation.
1607 (b) The presiding officer may not allow debate on legislation on the consent calendar.
1608 Section 93. HR4-4-401 is enacted to read:
1609
1610 HR4-4-401. Concurrence Calendar.
1611 (1) After the Chief Clerk or the Chief Clerk's designee reads the transmittal letter from
1612 the Senate informing the House that the Senate has amended a piece of House legislation, the
1613 presiding officer shall place the legislation on the concurrence calendar.
1614 (2) (a) During the first 43 days of the annual general session, the legislation shall
1615 remain on the concurrence calendar for at least one legislative day before the House may
1616 consider the question of concurrence.
1617 (b) During the last two days of the annual general session, and during any special
1618 session, the House may consider legislation for concurrence after the House has been given a
1619 reasonable time to review the Senate amendments.
1620 (3) (a) When presenting legislation to the House for concurrence, the presiding officer
1621 shall ask the sponsor of the legislation for a motion.
1622 (b) The sponsor of the legislation may move to either:
1623 (i) concur with the Senate amendments; or
1624 (ii) refuse to concur with the Senate amendments and ask the Senate to recede from
1625 their amendments.
1626 (c) If a motion to concur with the Senate amendments passes by majority vote, the
1627 presiding officer shall:
1628 (i) pose the question: "Shall the bill (resolution) as amended by the Senate pass?"; and
1629 (ii) take the final vote on the legislation.
1630 (d) If a motion to refuse to concur with the Senate amendments and ask the Senate to
1631 recede from their amendments passes by a majority vote, the Chief Clerk shall return the
1632 legislation to the Senate for its further action.
1633 (e) If the Senate refuses to recede, the Senate and House shall follow the procedures
1634 and requirements of JR3-2-601 relating to the appointment of a conference committee.
1635 Section 94. HR4-4-501 is enacted to read:
1636
1637 HR4-4-501. Time Certain Calendar.
1638 The Chief Clerk or the Clerk's designee shall place on the time certain calendar
1639 legislation or other matters approved by the House for a time certain under:
1640 (1) HR1-5-301; or
1641 (2) other rules allowing matters to be set for a time certain.
1642 Section 95. HR4-5-101 is enacted to read:
1643
1644 HR4-5-101. Committee of the Whole -- Purpose -- Process.
1645 (1) Because only members of the Utah House of Representatives may speak to the
1646 House while the House is conducting business on the floor, the House must resolve itself into
1647 a Committee of the Whole in order to allow non-members to address the House.
1648 (2) The House may resolve itself into a Committee of the Whole if:
1649 (a) a Representative makes a motion for the House to resolve itself into a Committee
1650 of the Whole; and
1651 (b) the motion is approved by a majority vote of those present.
1652 Section 96. HR4-5-102 is enacted to read:
1653 HR4-5-102. Procedure in Committee of the Whole.
1654 (1) The presiding officer shall chair and preside over the Committee of the Whole.
1655 (2) House Rules apply in the Committee of the Whole, except that:
1656 (a) a Representative may not speak more than twice on the same subject;
1657 (b) roll call votes are out of order during a Committee of the Whole; and
1658 (c) a Representative may not appeal the decision of the chair.
1659 Section 97. HR4-5-103 is enacted to read:
1660 HR4-5-103. Motion to Dissolve Committee of the Whole.
1661 A motion to dissolve a Committee of the Whole is always in order and is nondebatable.
1662 Section 98. HR4-6-101 is enacted to read:
1663
1664
1665 HR4-6-101. Obtaining the Floor in the House -- Remarks to Be Germane.
1666 (1) A Representative may speak to the subject under consideration if the
1667 Representative is recognized by the presiding officer.
1668 (2) Upon recognition by the presiding officer, the Representative shall ensure that the
1669 Representative's remarks are germane to the subject under consideration.
1670 Section 99. HR4-6-102 is enacted to read:
1671 HR4-6-102. Motions on the Floor -- General Requirements and Procedures.
1672 (1) (a) Except as provided in Subsections (2) and (3), a Representative who is
1673 recognized by the presiding officer may make a motion.
1674 (b) A second to the motion is not required.
1675 (2) (a) A Representative may not speak to a matter and then make a motion unless the
1676 Representative has:
1677 (i) asked the presiding officer to allow the Representative to reserve the right to make
1678 a motion; and
1679 (ii) received permission to do so from the presiding officer.
1680 (b) In speaking to the matter, the Representative shall confine the Representative's
1681 remarks to the subject of the motion to be made.
1682 (c) A Representative may only reserve the right to make:
1683 (i) a motion to amend; or
1684 (ii) a substitute motion.
1685 (3) The presiding officer shall:
1686 (a) restate each oral motion made by a Representative; and
1687 (b) ensure that each written motion made by a Representative is available to any
1688 Representative who requests a written copy.
1689 (4) The Representative who made a motion may withdraw it any time before the vote
1690 on the motion.
1691 Section 100. HR4-6-103 is enacted to read:
1692 HR4-6-103. Sponsor May Open and Close Debate.
1693 When a piece of legislation is on a calendar and ready for debate, or after accepting a
1694 motion, the presiding officer shall:
1695 (1) recognize the chief sponsor of the piece of legislation or of the motion and allow
1696 the chief sponsor to open and close debate on the legislation or motion; and
1697 (2) allow the chief sponsor to close debate even if a motion to end debate has passed
1698 the House.
1699 Section 101. HR4-6-104 is enacted to read:
1700 HR4-6-104. Interruptions and Questions.
1701 (1) A Representative may not interrupt or question another Representative in debate
1702 without that Representative's consent.
1703 (2) (a) To obtain consent, the querying Representative shall address the presiding
1704 officer and, upon recognition by the presiding officer, ask if the Representative speaking will
1705 yield the floor to a question.
1706 (b) If the Representative speaking consents to yield the floor to a question, the
1707 presiding officer shall allow the querying Representative to ask the question.
1708 (c) If the Representative speaking declines to yield the floor to a question, the
1709 presiding officer:
1710 (i) shall inform the querying Representative that the Representative speaking has
1711 declined; and
1712 (ii) may not allow the querying Representative to ask a question.
1713 Section 102. HR4-6-105 is enacted to read:
1714 HR4-6-105. Representatives Not to Speak More Than Twice -- Maximum
1715 Speaking Time.
1716 (1) (a) Without permission from the House, a Representative may not speak more than
1717 twice on the same piece of legislation, substitute legislation, or amendment in any one debate
1718 on the same day and on the same reading of the legislation.
1719 (b) (i) Except as provided in Subsection (1)(b)(ii), the presiding officer may not grant
1720 a Representative who has spoken once permission to speak again on the same piece of
1721 legislation or substitute if any Representative who has not spoken wishes to speak.
1722 (ii) The presiding officer may grant a Representative who has spoken once permission
1723 to respond to a question if the Representative consents to a request that the Representative
1724 yield to a question under HR4-6-104.
1725 (2) A Representative may not speak longer than 15 minutes at any time, unless another
1726 Representative yields that Representative's time to the Representative who has the floor.
1727 (3) Unless extended by a majority vote:
1728 (a) during the first 38 days of an annual general session, the presiding officer may not
1729 allow the House to debate a piece of legislation for more than eight hours; and
1730 (b) during the last seven days of an annual general session, the presiding officer may
1731 not allow the House to debate a piece of legislation for more than two hours.
1732 Section 103. HR4-6-106 is enacted to read:
1733 HR4-6-106. Order of Action.
1734 If a Representative makes a motion to amend or substitute legislation during debate on
1735 third reading, the presiding officer shall ensure that the House debates and passes or defeats
1736 the motion to amend or substitute before allowing debate and action on the legislation itself.
1737 Section 104. HR4-6-107 is enacted to read:
1738 HR4-6-107. Substitute Motions.
1739 (1) A Representative may, upon recognition by the presiding officer, make a substitute
1740 motion, which, if adopted by vote of a majority of the House, disposes of the original motion.
1741 (2) If the substitute motion is not adopted, the original motion is revived.
1742 (3) A Representative may not:
1743 (a) make a substitute motion if another substitute motion has been made and is
1744 pending; or
1745 (b) make a motion to end debate (call the previous question) as a substitute motion.
1746 Section 105. HR4-6-108 is enacted to read:
1747 HR4-6-108. Dividing a Motion or Question.
1748 (1) (a) Except as provided in Subsection (1)(b)(i), if a motion or a question in debate
1749 contains several points, a Representative may ask to have the question divided for purposes of
1750 the vote.
1751 (b) (i) A motion to strike out and insert is not subject to division.
1752 (ii) Notwithstanding Subsection (1)(b)(i), the rejection of a motion to strike out and
1753 insert one proposition does not preclude a motion to strike out and insert a different
1754 proposition.
1755 (2) The request to divide must clearly state how the motion or question is to be
1756 divided.
1757 (3) (a) The presiding officer shall determine how many divisions may be made to any
1758 motion or question.
1759 (b) The House may seek to overrule the chair's decision only once.
1760 Section 106. HR4-6-109 is enacted to read:
1761 HR4-6-109. Motions in Order During Debate.
1762 (1) (a) When a motion or question is being debated, the presiding officer may not
1763 accept any other motion except a motion:
1764 (i) to adjourn, which is nondebatable;
1765 (ii) to determine the time to which to adjourn, which is debatable;
1766 (iii) to recess, which is nondebatable;
1767 (iv) to end debate (call the previous question), which is nondebatable and requires a
1768 two-thirds vote to pass;
1769 (v) to refer to a committee, which is debatable;
1770 (vi) to limit debate, which is debatable;
1771 (vii) to postpone to a time certain, which is debatable;
1772 (viii) to circle, which is debatable;
1773 (ix) to strike the enacting clause, which is debatable;
1774 (x) to substitute, which is debatable; or
1775 (xi) to amend, which is debatable.
1776 (b) Points of order and appeals of the decision of the presiding officer are not motions
1777 and are always in order.
1778 (c) The presiding officer shall grant priority to the motions listed in Subsection (1)(a)
1779 according to the order in which they are listed in that rule.
1780 (2) (a) If an amendment or substitute to a piece of legislation has been proposed and is
1781 under consideration by the House, the presiding officer shall treat a motion to end debate (call
1782 the previous question) as directed only toward the amendment or substitute.
1783 (b) If no motion to amend or substitute a piece of legislation has been made, the chair
1784 shall treat a motion to end debate (call the previous question) as directed toward action on the
1785 legislation itself.
1786 (3) If a motion to postpone a piece of legislation to a day certain or a motion to return
1787 a piece of legislation to the House Rules committee is defeated, a Representative may not
1788 make the same motion on the same piece of legislation during the same reading of the
1789 legislation.
1790 (4) When a motion to refer to committee, to postpone to a time certain, or to circle is
1791 made, the presiding officer may not allow consideration of amendments or debate on the main
1792 question.
1793 (5) During a roll call, no motion or other business is in order except for a call of the
1794 House, until after the announcement of the result of the vote.
1795 Section 107. HR4-6-110 is enacted to read:
1796 HR4-6-110. Nondebatable Motions.
1797 (1) The presiding officer may not allow debate on a motion:
1798 (a) to adjourn;
1799 (b) to recess;
1800 (c) to end debate (call the previous question); or
1801 (d) to extend the time for debate.
1802 (2) The presiding officer shall decide all points of order arising from one of the above
1803 motions without debate.
1804 Section 108. HR4-6-201 is enacted to read:
1805
1806 HR4-6-201. Motion to Adjourn.
1807 A motion to adjourn is always in order except:
1808 (1) when a vote is being taken;
1809 (2) when a previous motion to adjourn has been defeated and no intervening business
1810 has been transacted; or
1811 (3) when another Representative has the floor.
1812 Section 109. HR4-6-202 is enacted to read:
1813 HR4-6-202. Motion to Circle.
1814 (1) A motion to circle a piece of legislation holds the legislation in place on the
1815 calendar.
1816 (2) (a) A motion to circle preserves all amendments to the legislation already adopted
1817 by the House.
1818 (b) A motion to circle extinguishes all amendments pending at the time that the
1819 motion is made.
1820 (3) When a motion to uncircle is made:
1821 (a) amendments already adopted by the House are part of the legislation; and
1822 (b) any amendments that were being discussed at the time the legislation was circled
1823 are extinguished and a new motion to amend must be made in order to revive them.
1824 Section 110. HR4-6-203 is enacted to read:
1825 HR4-6-203. Motion to Strike the Enacting Clause.
1826 (1) When a motion to strike the enacting clause passes by a constitutional majority,
1827 the bill from which the enacting clause was stricken is dead and may not be revived.
1828 (2) Nothing in this rule precludes a Representative from introducing a new bill
1829 identical to the bill whose enacting clause was struck.
1830 Section 111. HR4-7-101 is enacted to read:
1831
1832
1833 HR4-7-101. Definitions.
1834 (1) "Electronic vote" means that those Representatives present vote using an electronic
1835 system that records and tallies their votes.
1836 (2) "Roll call vote" means a verbal voting process where:
1837 (a) the Chief Clerk or the Chief Clerk's designee verbally calls the name of each
1838 Representative alphabetically, except the Speaker, who is called last;
1839 (b) each Representative present votes "aye" or "nay" when the Representative's name
1840 is called;
1841 (c) the Chief Clerk or the Chief Clerk's designee:
1842 (i) tallies the vote;
1843 (ii) records those Representatives who are absent or not voting; and
1844 (iii) gives a copy of the tally to the presiding officer; and
1845 (d) the presiding officer announces the result of the vote.
1846 (3) "Voice Vote" means a verbal voting process where the presiding officer:
1847 (a) poses the question to be voted upon in this form: "Those in favor (of the question)
1848 say aye." and "Those opposed, say nay."; and
1849 (b) based upon the Representative's responses, announces that the question either
1850 passed or failed.
1851 Section 112. HR4-7-102 is enacted to read:
1852 HR4-7-102. Number of Votes Required for Passage.
1853 (1) Unless otherwise specified in these rules:
1854 (a) each piece of legislation requires a constitutional majority vote -- 38 votes -- to
1855 pass;
1856 (b) amendments to the Utah Constitution, legislation that is intended to take effect
1857 earlier than 60 days after adjournment of the session in which it passes, amendments to court
1858 rules, and certain motions specified in these rules require a constitutional two-thirds vote -- 50
1859 votes -- to pass;
1860 (c) certain motions require a two-thirds vote -- two-thirds of those present -- to pass;
1861 and
1862 (d) other motions require a majority vote -- a majority of those present -- to pass.
1863 (2) The House may only suspend a rule requiring that a motion must receive a
1864 two-thirds vote or a constitutional two-thirds vote to pass by a two-thirds vote.
1865 Section 113. HR4-7-103 is enacted to read:
1866 HR4-7-103. Representatives Required to Vote -- Representatives Must Be
1867 Present to Vote.
1868 (1) (a) A Representative present within the House chamber when a vote is being taken
1869 shall vote.
1870 (b) (i) The Chief Clerk may record the vote of any Representative who is present in the
1871 House Chamber who requests assistance of the Chief Clerk.
1872 (ii) The Representative shall ensure that the electronic vote is recorded accurately.
1873 (c) Each Representative shall vote within the time limit fixed by the presiding officer.
1874 (d) Immediately before an electronic vote or a roll call vote, a Representative may,
1875 upon recognition by the presiding officer, make a brief statement explaining any conflict of
1876 interest.
1877 (2) (a) A Representative may not vote on a piece of legislation or motion unless the
1878 Representative is present in the House chamber.
1879 (b) If the vote is by electronic vote or roll call vote, a Representative entering the
1880 chamber after the question is posed, and before the presiding officer closes the vote or
1881 announces the result, may have the question stated and vote.
1882 Section 114. HR4-7-104 is enacted to read:
1883 HR4-7-104. Disturbing House Staff During Voting Prohibited.
1884 While an electronic vote or roll call vote is being taken, a person may not disturb or
1885 remain by the desks of the Chief Clerk of the House, the Docket Clerk, the Minute Clerk, the
1886 Voting Machine Operator, or the Public Address System Operator.
1887 Section 115. HR4-7-105 is enacted to read:
1888 HR4-7-105. Changing Vote Before Vote is Closed.
1889 A Representative may change the Representative's vote before the presiding officer
1890 closes the vote or announces the result.
1891 Section 116. HR4-7-106 is enacted to read:
1892 HR4-7-106. Voting or Changing Vote After the Vote is Closed.
1893 (1) After the vote is announced or an electronic vote is closed, a Representative may
1894 not vote or change the Representative's vote unless:
1895 (a) there is unanimous consent of the Representatives present; and
1896 (b) the result of the vote is not changed.
1897 (2) A Representative wishing to vote or change the Representative's vote after the vote
1898 has been taken on legislation or on a question shall, before the House begins the next order of
1899 business:
1900 (a) seek and obtain recognition from the presiding officer; and
1901 (b) make a motion for leave of the body to vote or to change the Representative's vote.
1902 Section 117. HR4-7-201 is enacted to read:
1903
1904 HR4-7-201. Means of Voting -- Requirements.
1905 (1) The presiding officer shall ensure that the vote on final passage of a piece of
1906 legislation is taken by electronic vote or roll call vote.
1907 (2) The presiding officer may place other questions to the House using a voice vote, an
1908 electronic vote, or a roll call vote.
1909 Section 118. HR4-7-202 is enacted to read:
1910 HR4-7-202. Placing the Question -- Voice Vote -- Division of the House.
1911 (1) After taking a voice vote, if the presiding officer is in doubt about which side
1912 prevailed, the presiding officer may require the House to vote by electronic vote or roll call
1913 vote.
1914 (2) (a) After taking a voice vote and announcing the results of the voice vote, a
1915 Representative may call for division of the House without being recognized.
1916 (b) If five or more members request a division of the House, the presiding officer shall
1917 require the House to vote by electronic vote or roll call vote.
1918 Section 119. HR4-7-203 is enacted to read:
1919 HR4-7-203. Placing the Question -- Electronic Vote -- Process.
1920 (1) When conducting an electronic vote, the presiding officer shall announce that
1921 voting is open on the measure or question that is to be voted upon.
1922 (2) (a) Except as provided in Subsection (2)(b), the Chief Clerk or the Chief Clerk's
1923 designee shall ensure that the electronic board identifies:
1924 (i) the number of the piece of legislation being voted upon, if the vote is on a bill or
1925 resolution; or
1926 (ii) by brief description, the nature of the matter being voted upon, if the vote is on a
1927 motion or question.
1928 (b) If the legislation or matter cannot be electronically displayed, the presiding officer
1929 shall announce the measure at the time the presiding officer announces that voting is open.
1930 (3) The presiding officer may establish a specific time limit for voting.
1931 (4) The presiding officer shall announce that voting is closed and close the vote.
1932 (5) When an electronic vote is taken, the printed tally sheets are the official record of
1933 the vote.
1934 Section 120. HR4-8-101 is enacted to read:
1935
1936 HR4-8-101. Definitions.
1937 "Call of the House" means the process by which the House may compel absent
1938 Representatives to be present in the House chamber.
1939 Section 121. HR4-8-102 is enacted to read:
1940 HR4-8-102. Initiating a Call of the House.
1941 (1) Subject to the requirements of this rule, a Representative may, without being
1942 recognized by the presiding officer, demand a call of the House by verbally stating "call of the
1943 House."
1944 (2) After a Representative demands a call of the House, the presiding officer shall say:
1945 "It requires at least 10 Representatives to require a call of the House. Will those in favor of the
1946 call please stand."
1947 (3) If the presiding officer determines that 10 or more Representatives demand a call
1948 of the House, the presiding officer shall order the call.
1949 Section 122. HR4-8-103 is enacted to read:
1950 HR4-8-103. Effect of Call of the House.
1951 (1) Except for receiving and acting on the report of the Sergeant-at-Arms under
1952 HR4-8-104, the House may not transact any business during a call of the House.
1953 (2) (a) During a call of the House, the presiding officer shall declare out of order each
1954 motion except:
1955 (i) a motion to adjourn; or
1956 (ii) a motion to lift the call of the House.
1957 (b) The motions identified in Subsection (2)(a) must receive a majority vote from the
1958 Representatives present to pass.
1959 Section 123. HR4-8-104 is enacted to read:
1960 HR4-8-104. Process for Conducting a Call of the House.
1961 (1) During a call of the House:
1962 (a) a Representative present in the chamber may not leave the chamber; and
1963 (b) the Sergeant-at-Arms or the Sergeant's designees shall close the doors to the House
1964 chamber.
1965 (2) After ordering the call of the House, the presiding officer shall:
1966 (a) in consultation with the Chief Clerk, identify any absent Representatives; and
1967 (b) provide the Sergeant-at-Arms with the names of those Representatives who are
1968 absent but who have not asked to be excused.
1969 (3) The Sergeant-at-Arms or the sergeant's designees shall:
1970 (a) search for the absent Representatives;
1971 (b) if they are found, escort them to the House chamber; and
1972 (c) make a report to the House about the Sergeant's efforts.
1973 Section 124. HR4-8-105 is enacted to read:
1974 HR4-8-105. Lifting the Call of the House.
1975 (1) The Sergeant-at-Arms may make a report on the call at any time.
1976 (2) (a) If the presiding officer determines that all Representatives are present or
1977 accounted for, the presiding officer may:
1978 (i) order the call to be lifted without motion; or
1979 (ii) recognize a Representative for a motion to lift the call of the House.
1980 (b) If the motion is approved by a majority of those present, the call of the House is
1981 lifted.
1982 (c) If the motion is not approved, the Sergeant-at-Arms and the Sergeant's designees
1983 shall continue searching for the absent Representatives.
1984 (3) After the call is lifted:
1985 (a) the Sergeant-at-Arms and the Sergeant's designees shall open the doors of the
1986 House chamber; and
1987 (b) the House shall proceed with the order of business that was pending when the call
1988 was ordered.
1989 Section 125. HR4-9-101 is enacted to read:
1990
1991 HR4-9-101. Motion to Reconsider.
1992 (1) As used in this section, "legislative day" means a day when the House of
1993 Representatives convenes in the House chamber and conducts House business.
1994 (2) (a) Except as provided in Subsection (3), when a question has been decided on the
1995 floor of the House, a Representative voting with the prevailing side may move for
1996 reconsideration after intervening business.
1997 (b) If the motion to reconsider is to reconsider passage of a piece of legislation, the
1998 Representative making the motion shall include the number and short title of the legislation as
1999 part of the motion.
2000 (c) If a motion for reconsideration is made on the floor of the House after a piece of
2001 legislation has left the possession of the House, the Chief Clerk shall request that the
2002 legislation be returned to the House.
2003 (d) The presiding officer shall rule a motion for reconsideration out of order unless the
2004 motion is made:
2005 (i) before the 43rd legislative day;
2006 (ii) before the House adjourns on the legislative day after the legislative day on which
2007 the action sought to be reconsidered occurred; and
2008 (iii) by a Representative who previously served notice.
2009 (3) A Representative may not make a motion to reconsider after the 42nd day of the
2010 annual general session of the Legislature.
2011 Section 126. HR4-9-102 is enacted to read:
2012 HR4-9-102. Notice of Motion to Reconsider.
2013 When a Representative gives notice that the Representative intends to make a motion
2014 to reconsider, the Chief Clerk or the Chief Clerk's designee shall:
2015 (1) ensure that the notice is recorded in the House Journal; and
2016 (2) retain the legislation in the possession of the House until the time for
2017 reconsideration has expired or until the legislation has been reconsidered.
2018 Section 127. HR4-9-103 is enacted to read:
2019 HR4-9-103. Rules Governing Motions to Reconsider.
2020 (1) A motion to reconsider takes precedence over all other motions and questions,
2021 except a motion to adjourn.
2022 (2) (a) Except as provided in Subsection (2)(b), a motion to reconsider is debatable.
2023 (b) A motion to reconsider is nondebatable only if the action it seeks to reconsider is
2024 nondebatable.
2025 (3) When a motion to reconsider is made, the presiding officer shall:
2026 (a) allow the proponents a total of five minutes to address the issue;
2027 (b) allow the opponents a total of five minutes to address the issue; and
2028 (c) allow the proponents one minute to sum up.
2029 (4) (a) A motion to reconsider a vote on the final passage of a piece of legislation
2030 requires approval by a constitutional majority of Representatives.
2031 (b) Upon adoption of a motion to reconsider and if the legislation is in possession of
2032 the House, the Chief Clerk shall ensure that the legislation is placed at the top of the third
2033 reading calendar.
2034 (c) The House may not reconsider a piece of legislation more than once.
2035 Section 128. HR5-1-101 is enacted to read:
2036
2037
2038 HR5-1-101. Definitions.
2039 As used in this House Rule:
2040 (1) (a) "Government official" means:
2041 (i) an individual elected to a position in state or local government when acting within
2042 the individual's official capacity; and
2043 (ii) an individual appointed to or employed in a full-time or part-time position by state
2044 or local government when acting within the scope of employment or within the individual's
2045 official capacity.
2046 (b) "Government official" does not mean a member of the legislative branch of state
2047 government.
2048 (2) "Lobbyist" has the meaning identified in Subsections 36-11-102 (9)(a) and (b).
2049 (3) (a) "Volunteer lobbyist" means a person not registered as a lobbyist who engages
2050 in lobbying within the meaning of Subsection 36-11-102 (8).
2051 (b) "Volunteer lobbyist" does not mean an individual who appears on the individual's
2052 own behalf to engage in lobbying within the meaning of Subsection 36-11-102 (8).
2053 Section 129. HR5-2-101 is enacted to read:
2054
2055 HR5-2-101. Lobbyist Code of Ethics.
2056 A lobbyist, volunteer lobbyist, or government official may not:
2057 (1) attempt to influence a Representative, elected or appointed state official, state
2058 employee, or legislative employee by means of deceit or by threat of violence or economic or
2059 political reprisal against any person or property, with intent by doing so to alter or affect the
2060 Representative's, elected or appointed state official's, state employee's, or legislative
2061 employee's decision, vote, opinion, or action concerning any matter that is to be considered or
2062 performed by the Representative, official, or employee or the agency or body of which the
2063 Representative, official, or employee is a member;
2064 (2) knowingly provide false information to a Representative, elected or appointed state
2065 official, state employee, or legislative employee as to any material fact pertaining to any
2066 legislation;
2067 (3) knowingly omit, conceal, or falsify in any manner information required by the
2068 lobbyist registration and lobbyist disclosure reports;
2069 (4) participate in committee assignments or leadership races of the House of
2070 Representatives;
2071 (5) cause or influence the introduction of any piece of legislation, substitute, or
2072 amendment for the purpose of afterwards becoming employed to secure its passage or defeat;
2073 (6) misappropriate or misuse legislative office supplies;
2074 (7) use legislative reproduction or facsimile machines without paying for that use;
2075 (8) enter or use a Representative's, elected or appointed state official's, state
2076 employee's, or legislative employee's office, phone, computer, or parking space without
2077 explicit permission;
2078 (9) attempt to remove or remove any document from any Representative's or
2079 legislative employee's office, desk, file cabinet, reproduction machine, facsimile machine, or
2080 any other place without explicit permission;
2081 (10) engage in sexually harassing behavior or behavior violating the state's sexual
2082 harassment policy toward Representatives or employees of the Legislature;
2083 (11) offer employment to a Representative or legislative employee that impairs the
2084 Representative's or legislative employee's independence of judgement as to their official
2085 duties;
2086 (12) offer employment that would require or induce a Representative or legislative
2087 employee to disclose records classified as private, protected, or controlled;
2088 (13) use or disclose for personal financial gain any records classified as private,
2089 protected, or controlled that were obtained from a Representative or legislative employee or
2090 conspire with any person for that purpose; or
2091 (14) induce or seek to induce a Representative or legislative employee to commit a
2092 violation of any provision of this House rule.
2093 Section 130. HR5-3-101 is enacted to read:
2094
2095 HR5-3-101. Enforcement -- Written Complaint.
2096 (1) To initiate an ethics complaint against a lobbyist, volunteer lobbyist, or
2097 government official who has violated the Lobbyist Code of Ethics established in HR5-2-101,
2098 three Representatives shall file a written complaint with the Speaker of the House, the House
2099 minority leader, and the lobbyist, volunteer lobbyist, or government official who is the subject
2100 of the complaint.
2101 (2) The written complaint shall contain:
2102 (a) the name and address of each of the three Representatives who are filing the
2103 complaint;
2104 (b) the name of the lobbyist, volunteer lobbyist, or government official who is the
2105 subject of the complaint;
2106 (c) the nature of the alleged violation, citing specifically to the provisions of
2107 HR5-2-101 that the lobbyist, volunteer lobbyist, or government official is alleged to have
2108 violated;
2109 (d) all documents that support the complaint as an attachment to it; and
2110 (e) the facts alleged to support the complaint.
2111 (3) (a) A complaint filed under this rule is a protected record under Utah Code Title
2112 63G, Chapter 2, Government Records Access and Management Act, until referred to the
2113 House Management Committee for action, because disclosure of the information in the
2114 complaint would constitute a clearly unwarranted invasion of personal privacy and that
2115 disclosure is not in the public interest.
2116 (b) A complaint filed under this rule that is dismissed by the Speaker and minority
2117 leader is a protected record under Title 63G, Chapter 2, Government Records Access and
2118 Management Act, because disclosure of the information in the complaint would constitute a
2119 clearly unwarranted invasion of personal privacy and that disclosure is not in the public
2120 interest.
2121 Section 131. HR5-3-102 is enacted to read:
2122 HR5-3-102. Enforcement -- Speaker Review -- Minority Leader Review.
2123 (1) (a) After receiving the complaint, the Speaker shall meet with the Representatives
2124 who filed the complaint, the lobbyist, volunteer lobbyist, or government official who is the
2125 subject of the complaint, and any other persons who have relevant information about the
2126 complaint.
2127 (b) In that meeting, the Speaker may choose to meet with those persons together or
2128 separately.
2129 (2) (a) After the meeting, the Speaker shall inform the minority leader that the Speaker
2130 recommends that:
2131 (i) the complaint be dismissed;
2132 (ii) the lobbyist, volunteer lobbyist, or government official be privately chastised and
2133 the complaint be dismissed; or
2134 (iii) the House Management Committee be convened to hear the complaint.
2135 (b) (i) After receipt of the Speaker's recommendation, the minority leader shall meet
2136 with the Representatives who filed the complaint, the lobbyist, volunteer lobbyist, or
2137 government official who is the subject of the complaint, and any other persons who have
2138 relevant information about the complaint.
2139 (ii) In that meeting, the minority leader may choose to meet with those persons
2140 together or separately.
2141 (c) After the meeting, the minority leader shall prepare a letter informing the Speaker
2142 that the minority leader:
2143 (i) concurs in the Speaker's recommendation for disposition of the complaint; or
2144 (ii) does not concur in the Speaker's recommendation for disposition of the complaint.
2145 (d) If the minority leader concurs in the Speaker's recommendation, the Speaker shall
2146 implement the decision.
2147 (e) If the minority leader does not concur in the Speaker's recommendation, the
2148 Speaker shall, within 30 days after having received the written complaint, convene the House
2149 Management Committee to hear the complaint.
2150 Section 132. HR5-3-103 is enacted to read:
2151 HR5-3-103. Enforcement -- Hearing -- Staff.
2152 (1) If the Speaker must convene the House Management Committee, the Speaker shall,
2153 after consultation with the House minority leader, schedule a House Management Committee
2154 meeting to adjudicate the complaint.
2155 (2) (a) The committee must comply with the procedures and requirements of Utah
2156 Code Title 52, Chapter 4, Open and Public Meetings Act, including the procedures and
2157 requirements for closing a meeting.
2158 (b) The Office of Legislative Research and General Counsel shall staff the committee.
2159 (3) (a) At the hearing, the committee shall review the complaint.
2160 (b) The committee may allow the Representatives who filed the complaint to address
2161 and be questioned by the committee.
2162 (c) The committee shall provide the lobbyist, volunteer lobbyist, or government
2163 official who is the subject of the complaint with the opportunity to address and be questioned
2164 by the committee.
2165 (d) The committee may allow other persons with information relevant to the complaint
2166 to address and be questioned by the committee.
2167 (e) (i) The complainants, the lobbyist, volunteer lobbyist, or government official, and
2168 any witness appearing before the committee may have legal counsel present.
2169 (ii) That counsel may privately advise their client about the client's legal rights when
2170 specifically requested to do so by their client, but may not address the committee, ask
2171 questions of any party or witness, or engage in oral arguments with the committee.
2172 (iii) If counsel fails to abide by any of these rules, the committee may exclude the
2173 counsel from the meeting.
2174 Section 133. HR5-3-104 is enacted to read:
2175 HR5-3-104. Enforcement -- Penalty.
2176 (1) If the House Management Committee determines by a preponderance of the
2177 evidence that the lobbyist, volunteer lobbyist, or government official has violated one or more
2178 provisions of HR5-2-101, the committee may impose any sanction against the lobbyist,
2179 volunteer lobbyist, or government official that is not forbidden by the United States
2180 constitution or the Utah Constitution.
2181 (2) Appropriate sanctions include, but are not limited to, any, all, or some combination
2182 of the following:
2183 (a) prohibiting the lobbyist, volunteer lobbyist, or government official from access to
2184 some or all of the legislative area of the State Capitol for a period of time; and
2185 (b) recommending an adjudicative proceeding be filed with the lieutenant governor
2186 against the lobbyist under Utah Code Title 36, Chapter 11, Part 4, Penalties and Statutory
2187 Construction.
2188 Section 134. Repealer.
2189 This resolution repeals:
2190 HR-20.01, Calling the House to Order.
2191 HR-20.02, Election of Speaker.
2192 HR-20.03, Speaker May Call a Representative to Chair.
2193 HR-20.04, Temporary Presiding Officer in Speaker's Absence.
2194 HR-20.05, Duties of the Speaker.
2195 HR-20.06, Duties of the Chief Clerk.
2196 HR-20.07, Duties of the Sergeant-at-Arms.
2197 HR-20.08, Substitution of Sponsor; Withdrawal of Cosponsor.
2198 HR-21.01, Representatives Shall be Present.
2199 HR-21.02, Absent Representatives.
2200 HR-22.01, Speaker to Maintain Order; Appeal Process.
2201 HR-22.02, Disorderly Conduct in House.
2202 HR-22.03, Smoking Not Permitted.
2203 HR-22.04, Obtaining the Floor.
2204 HR-22.05, Calling a Representative to Order for Violation of a Rule.
2205 HR-22.06, Calling a Representative to Order for Conduct in Debate.
2206 HR-22.07, Impugning Motives of a Representative.
2207 HR-22.08, Speaker to Decide Who is Entitled to Floor.
2208 HR-22.09, Representatives Not to Leave Chamber.
2209 HR-22.10, Voting.
2210 HR-23.01, Hour of Meeting.
2211 HR-23.02, Roll Call; Quorum.
2212 HR-23.03, Daily Order of Business.
2213 HR-23.04, Messages and Reports Received at any Time.
2214 HR-23.05, Action out of Regular Order.
2215 HR-23.06, Priority of Business.
2216 HR-23.07, Unfinished Business.
2217 HR-23.08, Final Certification of the Journal.
2218 HR-23.09, Commendation; Condolence Citations.
2219 HR-23.10, Types of Citations; Use of Citations.
2220 HR-23.11, Standing Committee Review of Fiscal Impact Bills.
2221 HR-23.13, Standing Committee Review.
2222 HR-24.01, House Rules Committee.
2223 HR-24.02, House Rules Committee to Establish Calendar.
2224 HR-24.03, Legislation Scheduled for Time Certain Has Priority in Committee.
2225 HR-24.05, Standing Committees.
2226 HR-24.06, Committee Chairman.
2227 HR-24.07, Notice of Committee Meeting.
2228 HR-24.08, Agenda to include Tabled Bills.
2229 HR-24.09, Committees Not to Meet While House is in Session.
2230 HR-24.10, Special Committees.
2231 HR-24.11, Committee Attendance; Quorum.
2232 HR-24.12, Committee Responsibilities.
2233 HR-24.14, Public Hearing.
2234 HR-24.15, Sponsor of Bill to be Notified.
2235 HR-24.16, Voting -- Chair to Verbally Announce the Vote -- Dissenting Members
2236 to be Reported.
2237 HR-24.17, Chairman to Preserve Order; Appeal.
2238 HR-24.18, Committee Report to Include Signature of Chairman.
2239 HR-24.19, Committee Reports.
2240 HR-24.20, Disorderly Conduct in Committee Meeting.
2241 HR-24.21, Obtaining the Floor in Committee.
2242 HR-24.22, Visitors.
2243 HR-24.23, Committee Order of Business.
2244 HR-24.24, Motions.
2245 HR-24.25, Motion to End Debate.
2246 HR-24.26, Votes.
2247 HR-24.27, Reconsideration of Action.
2248 HR-24.28, Committee of the Whole.
2249 HR-24.29, Procedure in Committee of the Whole.
2250 HR-24.30, Motion to Dissolve Committee of the Whole.
2251 HR-24.33, Scheduling Guest Speakers.
2252 HR-25.01, Calendaring Interim Committee Bills.
2253 HR-25.03, Consideration of Bills.
2254 HR-25.04, Special Order of Business.
2255 HR-25.05, Second Reading Calendar.
2256 HR-25.08, Third Reading Calendar.
2257 HR-25.09, Third Reading of Money Bills.
2258 HR-25.10, Amendments to House Bills.
2259 HR-25.11, Re-referring Bills to Committee.
2260 HR-25.12, Action on Senate Bill.
2261 HR-25.13, Time Limit for House Bills.
2262 HR-25.14, Consent Calendar.
2263 HR-25.15, Concurrence Calendar.
2264 HR-26.01, Declaration of Conflict of Interest Form.
2265 HR-26.02, Verbal Disclosure of Conflict of Interest in House Floor Debate.
2266 HR-27.01, Motion to Be Stated Before Debate.
2267 HR-27.02, Withdrawing a Motion.
2268 HR-27.03, No Second Required of Motions.
2269 HR-27.04, Motion in Order During Debate.
2270 HR-27.05, Motion to Adjourn.
2271 HR-27.07, Motion to Circle.
2272 HR-27.08, Motion to Postpone.
2273 HR-27.09, Motion to Strike Enacting Clause.
2274 HR-27.10, Filling Blanks.
2275 HR-27.11, Amendment Must be Germane.
2276 HR-27.12, Motion to Refer to Committee, Postpone, or Circle
2277 HR-27.13, Nondebatable Motions.
2278 HR-27.14, Division of a Question.
2279 HR-27.15, Substitute Motions.
2280 HR-27.16, Constitutional Motion.
2281 HR-27.17, Motion to Lift a Bill from Committee
2282 HR-28.01, Representatives Not to Speak More Than Twice; Maximum Floor
2283 Time.
2284 HR-28.02, Interruptions and Questions.
2285 HR-28.03, Sponsor May Open and Close Debate.
2286 HR-28.04, Committee Chairman to Report Findings.
2287 HR-28.05, Previous Question.
2288 HR-28.06, Breaches of the Order of the House.
2289 HR-29.01, Motions in Writing.
2290 HR-29.02, Passage of Amendments by a Majority Vote.
2291 HR-29.03, Amendments in Order on Third Reading.
2292 HR-29.04, Reporting on Committee Amendments.
2293 HR-29.05, Amendments Referred to Committees to be Reported.
2294 HR-29.06, Order of Action.
2295 HR-30.01, Representatives Required to Vote.
2296 HR-30.02, Representatives Not to Vote Unless Present.
2297 HR-30.03, Roll Call on Final Passage of Bills.
2298 HR-30.04, Electronic Voting and Closing the Vote.
2299 HR-30.05, Tally Sheets on Electronic Roll Call.
2300 HR-30.06, Number of Votes Required for Passage.
2301 HR-30.07, Voting or Changing Vote After Decision Announced.
2302 HR-30.08, Changing Vote Before Decision Announced.
2303 HR-30.09, Putting the Question; Division.
2304 HR-31.01, Call of the House.
2305 HR-31.02, Motion for Call of the House
2306 HR-31.03, Leaving the Chamber.
2307 HR-31.04, Sergeant-at-Arms to Bring Absent Representatives.
2308 HR-31.05, House Under Call; Lifting the Call; Adjournment.
2309 HR-31.06, Lifting the Call of the House of Representatives.
2310 HR-32.01, Floor Reconsideration Requires Majority Vote.
2311 HR-32.02, Motion to Reconsider.
2312 HR-32.03, Notice of Motion to Reconsider; Floor Notice.
2313 HR-32.04, No Motion to Reconsider Within Three Days of Adjournment Sine Die.
2314 HR-33.01, Admittance to House Chamber.
2315 HR-33.02, Representatives' Chairs Not Be Occupied by Others.
2316 HR-33.03, Lobbying.
2317 HR-33.04, Sergeant-at-Arms to Enforce Legislative Rules.
2318 HR-33.05, Recognition of Visiting Groups and Individuals.
2319 HR-33.06, News Media.
2320 HR-34.01, Adoption, Amendment, or Suspension of House Rules.
2321 HR-34.02, Legislative Rules Governed by the Constitution or Statute.
2322 HR-34.03, Mason's Manual of Legislative Procedure; Reference.
2323 HR-35.01, Executive Sessions.
2324 HR-36.01, Impeachment Proceedings Initiated by House.
2325 HR-36.03, Officers Subject to Impeachment, Judgment, Prosecution by Law.
2326 HR-36.04, Service of Articles of Impeachment.
2327 HR-36.05, Removal of Officers.
2328 HR-37.10, Impeachment.
2329 HR-38.01, Definitions.
2330 HR-38.02, Lobbyist Code of Ethics.
2331 HR-38.03, List of Lobbyists and Clients.
2332 HR-38.04, Enforcement; Written Complaint.
2333 HR-38.05, Enforcement; Speaker Review; Minority Leader Review.
2334 HR-38.06, Enforcement; Hearing; Staff.
2335 HR-38.07, Enforcement; Penalty.
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