Download Zipped Introduced WordPerfect HR0004.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.R. 4
1
2
3
4
5
6 LONG TITLE
7 General Description:
8 This rules resolution amends rules governing access to House space and House floor
9 procedures.
10 Highlighted Provisions:
11 This resolution:
12 . clarifies that members of the House of Representatives are required to be on the
13 House floor during floor debates;
14 . reorganizes and modifies provisions governing access to the House floor, lounge,
15 offices, conference rooms, and halls, including modifying the list of those
16 individuals who are permitted access;
17 . modifies the list of individuals who are permitted to sit next to a Representative on
18 the House floor;
19 . requires that legislation receive a favorable recommendation by a House standing
20 committee before passage;
21 . provides procedures for reconsidering legislation where the House concurs with
22 Senate amendments but fails to pass the bill;
23 . requires that legislation be removed from the consent calendar and placed on the
24 bottom of the third reading calendar if the legislation:
25 . is circled; and
26 . has not been debated before the House recesses or adjourns floor time;
27 . provides that a motion to substitute, rather than a substitute motion, may be reserved
28 in a House Standing Committee on the House floor;
29 . provides procedures for handling legislation on the concurrence calendar;
30 . prohibits a Representative who receives floor time yielded by another
31 Representative from making a motion;
32 . changes House voting terminology from "aye" and "nay" to "aye" and "no"; and
33 . modifies the language used to initiate a call of the House.
34 Special Clauses:
35 None
36 Legislative Rules Affected:
37 AMENDS:
38 HR2-1-101
39 HR2-4-101
40 HR2-4-102
41 HR3-2-102
42 HR3-2-502
43 HR4-4-301
44 HR4-4-401
45 HR4-6-102
46 HR4-7-101
47 HR4-8-102
48 ENACTS:
49 HR2-4-101.1
50 HR2-4-101.2
51 HR2-4-101.3
52 HR2-4-101.4
53 HR4-6-104.5
54
55 Be it resolved by the House of Representatives of the state of Utah:
56 Section 1. HR2-1-101 is amended to read:
57 HR2-1-101. Representatives Shall be Present.
58 A member of the Utah House of Representatives shall be present [
59 of the House chamber during a session of the House, unless excused or unavoidably absent.
60 Section 2. HR2-4-101 is amended to read:
61 HR2-4-101. Definitions.
62 [
63 [
64 Legislature, but who served in the Utah House or Utah Senate at one time.
65 [
66 [
67 Lieutenant Governor; and
68 [
69 [
70 (a) is afforded access to the House space under a provision of this chapter; and
71 (b) is not a legislator, a legislative employee, a member of professional legislative staff,
72 [
73 general, the state treasurer, or the state auditor.
74 [
75 House lounge, Speaker's office, or the majority caucus room.
76 [
77 [
78 [
79 [
80 [
81 (6) "House intern" means an individual who is:
82 (a) an official participant in the student intern program sponsored by the Utah
83 Legislature and administered by the Office of Legislative Research and General Counsel; and
84 (b) is assigned to a Representative.
85 [
86 (a) Representatives' offices adjacent to the House chamber [
87
88 [
89 (b) Representatives' offices on the third and fourth floors of the capitol building;
90 (c) Representatives' offices in the House building; and
91 (d) kitchens, restrooms, elevators, and any auxiliary rooms in the nonpublic areas
92 connected with the offices listed above.
93 [
94 [
95 conference rooms.
96 [
97
98 [
99 great-grandparent, great-grandchild, [
100 the House [
101 [
102
103 [
104 directly by the House or Senate.
105 [
106 [
107 36-11-103 ; or
108 [
109 or vote against any legislation.
110 [
111 governor, the state attorney general, the state treasurer, or the state auditor.
112 [
113 the Office of Legislative Research and General Counsel, the Office of Legislative Fiscal
114 Analyst, the Office of the Legislative Auditor General, [
115 Printing.
116 [
117
118 [
119
120
121 [
122
123 [
124
125 [
126 [
127 [
128 [
129 [
130 [
131
132 [
133
134 [
135
136
137 [
138 [
139
140 [
141
142
143
144 [
145
146 [
147 [
148
149 [
150 [
151
152 [
153
154
155
156 [
157
158
159 [
160
161 [
162
163
164
165 [
166
167
168 [
169
170 [
171
172 [
173 [
174 [
175 [
176 [
177 [
178 [
179 [
180
181 [
182
183 Section 3. HR2-4-101.1 is enacted to read:
184 HR2-4-101.1. Sergeant-at-Arms to Provide Enforcement.
185 The Sergeant-at-Arms, under the direction of the Speaker, shall enforce the
186 requirements of this chapter.
187 Section 4. HR2-4-101.2 is enacted to read:
188 HR2-4-101.2. Admittance to House Floor -- Guests -- Lobbyists.
189 (1) While the House is convened in annual general session or special session, the
190 following individuals are permitted on the House floor:
191 (a) a legislator;
192 (b) a legislative employee;
193 (c) a member of professional legislative staff;
194 (d) a House intern;
195 (e) a former legislator who is not a lobbyist; and
196 (f) the governor, lieutenant governor, state attorney general, state treasurer, and state
197 auditor.
198 (2) (a) While the House is convened in annual general session or special session, a
199 Representative may invite one of the following individuals as a guest to accompany the
200 Representative on the House floor:
201 (i) a member of the Representative's immediate family;
202 (ii) an administrative assistant other than a House intern; or
203 (iii) a constituent who resides in the member's district.
204 (b) A Representative may have no more than one guest on the House floor at any one
205 time.
206 (c) A Representative who invites a guest onto the House floor shall:
207 (i) if the guest is not seated next to the Representative as permitted under HR2-4-102,
208 ensure that the guest sits on a bench on the House floor, provided that seating is available; and
209 (ii) ensure that the guest stays only for a short visit not to exceed one hour.
210 (3) (a) Except as provided in this Subsection (3), a lobbyist is not permitted on the
211 floor of the House.
212 (b) A Representative sponsoring a piece of legislation being debated by the House may
213 invite one lobbyist with expertise on the legislation being considered to be present on the
214 House floor during the presentation and debate on the legislation, if:
215 (i) the Representative informs the Sergeant-at-Arms that the lobbyist is present on the
216 House floor;
217 (ii) the Representative ensures that the lobbyist is seated on a bench on the House floor
218 during the presentation and debate on the legislation;
219 (iii) the Representative ensures that the lobbyist does not lobby on the House floor; and
220 (iv) the lobbyist leaves the House floor when the House moves to another item of
221 business.
222 (c) If the Representative sponsoring the legislation needs the assistance of the lobbyist
223 during the course of debate on the legislation, the Representative may request permission of the
224 Speaker to have the lobbyist approach the Representative sponsoring the legislation to provide
225 the needed information to the Representative.
226 (4) The Speaker or the Speaker's designee may authorize special guests to be present in
227 the House chamber or on the House floor.
228 (5) A Representative who is visited by two or more guests shall arrange with the
229 Sergeant-at-Arms for the guests to be seated in the House gallery.
230 Section 5. HR2-4-101.3 is enacted to read:
231 HR2-4-101.3. Admittance to the House Lounge.
232 (1) While the House is convened in annual general session or special session only the
233 following individuals are permitted in the House lounge:
234 (a) a legislator;
235 (b) a legislative employee;
236 (c) a member of professional legislative staff;
237 (d) a member of the Representative's immediate family;
238 (e) a House intern;
239 (f) a former legislator who is not a lobbyist;
240 (g) the governor, the lieutenant governor, the state attorney general, the state treasurer,
241 and the state auditor;
242 (h) the governor's staff, or a staff member for the attorney general, the state treasurer,
243 or the state auditor; and
244 (i) a lobbyist or guest as provided in Subsection (2).
245 (2) (a) A Representative may invite a small number of lobbyists or guests to meet with
246 the Representative in the House lounge for the purpose of educating the lobbyists or guests
247 about the legislative process or to discuss specific legislative issues.
248 (b) The Representative shall ensure that the lobbyists and guests leave the House space
249 when the meeting is over.
250 Section 6. HR2-4-101.4 is enacted to read:
251 HR2-4-101.4. Admittance to the House Offices, Conference Rooms, and Halls.
252 (1) While the House is convened in annual general session or special session only the
253 following individuals are permitted in the House offices:
254 (a) a legislator;
255 (b) a legislative employee;
256 (c) a member of professional legislative staff;
257 (d) a House intern;
258 (e) a member of the Representative's immediate family;
259 (f) a former legislator who is not a lobbyist; and
260 (g) a lobbyist or guest, as provided in Subsection (3).
261 (2) An administrative assistant who is not a House intern is permitted in:
262 (a) the office of the Representative who is employing the administrative assistant;
263 (b) the common areas of the House offices;
264 (c) a conference room in the House space, when meeting to discuss legislative business
265 with a Representative; and
266 (d) the office of another Representative with the consent of that Representative.
267 (3) (a) A Representative may invite a small number of lobbyists or guests to meet with
268 the Representative in the Representative's House office or a House conference room to discuss
269 specific legislative issues.
270 (b) The Representative shall ensure that the lobbyists and guests leave the House space
271 when the meeting is over.
272 (4) (a) While the House is convened as a body on the House floor, and except as
273 provided in Subsection (4)(b), only the following individuals are allowed in the House halls:
274 (i) a legislator;
275 (ii) a legislative employee;
276 (iii) a member of professional legislative staff;
277 (iv) a House intern;
278 (v) an administrative assistant who is not a House intern;
279 (vi) a former legislator who is not a lobbyist; and
280 (vii) the governor, lieutenant governor, state attorney general, state treasurer, and state
281 auditor.
282 (b) Immediate family of a Representative, a lobbyist, a guest, an administrative
283 assistant who is not a House intern, or any other authorized individual who is in transit to the
284 House chamber, House lounge, or House offices may pass through the House halls when
285 traveling to and from an authorized destination.
286 (5) An administrative assistant to a Representative who is a not a House intern is not
287 permitted to use or be issued an access badge that grants access to the House floor, House
288 lounge, House offices, House conference rooms, or House hallways.
289 Section 7. HR2-4-102 is amended to read:
290 HR2-4-102. Representatives' Chairs and Seating on the House Floor.
291 (1) When the House is convened in session, no one other than the Speaker or a
292 [
293 Representative.
294 (2) A Representative may invite one individual to sit next to the Representative on the
295 House floor, if the Representative complies with the requirements of HR2-4-101.2 and the
296 invited individual is:
297 (a) another legislator;
298 (b) a legislative employee;
299 (c) a member of professional legislative staff;
300 (d) a House intern;
301 (e) a member of the Representative's immediate family;
302 (f) a constituent who resides in the Representative's district; or
303 (g) a special guest who is authorized to access the House floor under HR2-4-101.2(4).
304 Section 8. HR3-2-102 is amended to read:
305 HR3-2-102. Standing Committee Review Required -- Exceptions.
306 (1) The House of Representatives may not pass a bill, joint resolution, or concurrent
307 resolution during the annual general session [
308 (a) a House standing committee[
309 (b) the House standing committee has given a favorable recommendation to the
310 legislation.
311 (2) This rule does not apply to:
312 (a) a resolution regarding legislative rules or legislative personnel;
313 (b) legislation that has been approved by an interim committee;
314 (c) the revisor's statute; or
315 (d) if the legislation was reviewed and approved by the Executive Appropriations
316 Committee, legislation that:
317 (i) exclusively appropriates monies;
318 (ii) amends Utah Code Title 53A, Chapter 17a, Minimum School Program Act;
319 (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
320 (iv) authorizes the issuance of general obligation or revenue bonds.
321 Section 9. HR3-2-502 is amended to read:
322 HR3-2-502. Motions in Committee -- General Requirements and Procedures.
323 (1) (a) Except as provided in Subsections (2) and (3), any standing committee member
324 who is recognized by the standing committee chair may make a motion.
325 (b) A second to the motion is not required.
326 (2) (a) A committee member may not speak to a matter and then make a motion unless
327 the committee member has:
328 (i) asked the standing committee chair to allow the member to reserve the right to make
329 a motion; and
330 (ii) received permission to do so from the standing committee chair.
331 (b) In speaking to the matter, the committee member shall confine the member's
332 remarks to the subject of the motion to be made.
333 (c) A committee member may only reserve the right to make:
334 (i) a motion to amend the legislation being debated; or
335 (ii) a [
336 (3) A committee member may not make:
337 (a) a motion to strike the enacting clause of a bill;
338 (b) a motion to strike the resolving clause of a resolution; or
339 (c) a motion to circle.
340 (4) A motion to move to the next agenda item is in order if there is at least one
341 additional item of business on the committee's agenda.
342 (5) The standing committee chair shall:
343 (a) restate each oral motion made by a committee member; and
344 (b) ensure that each written motion made by a committee member is distributed to the
345 committee members.
346 (6) The committee member who made a motion may withdraw it at any time before the
347 vote on the motion, unless a substitute motion has been made and is still pending.
348 Section 10. HR4-4-301 is amended to read:
349 HR4-4-301. Consent Calendar.
350 (1) If a standing committee report recommends that a piece of legislation be placed on
351 the consent calendar and the standing committee report is adopted by the House, the Chief
352 Clerk or the Chief Clerk's designee shall place the legislation on the consent calendar.
353 (2) (a) Whenever the consent calendar contains legislation, the presiding officer shall
354 inform the House each day that:
355 (i) there are items on the consent calendar; and
356 (ii) if any Representative objects to a piece of legislation on the consent calendar, that
357 Representative should inform the Chief Clerk.
358 (b) If the Chief Clerk receives written objections to a piece of legislation from six or
359 more Representatives, the Chief Clerk shall:
360 (i) remove the legislation from the consent calendar;
361 (ii) inform the sponsor that the legislation has been removed from the consent calendar;
362 and
363 (iii) place the legislation at the bottom of the third reading calendar.
364 (3) The presiding officer shall announce that the legislation has been removed from the
365 consent calendar.
366 (4) (a) If, after two calendar days, no more than five members have registered written
367 objections to the legislation with the Chief Clerk:
368 (i) the legislation shall be read the third time;
369 (ii) the presiding officer shall grant the sponsor of the legislation two minutes to
370 introduce and explain the legislation; and
371 (iii) the presiding officer shall pose the question and take the final vote on the
372 legislation.
373 (b) The presiding officer may not allow debate on legislation on the consent calendar.
374 (5) (a) If the Representative sponsoring the legislation on the consent calendar is absent
375 from the floor when the legislation is ready to be read for the third time and considered for
376 passage, a Representative may make a motion to circle the legislation.
377 (b) If the motion to circle is successful and the Representative sponsoring the
378 legislation has not moved to uncircle the legislation before floor time is recessed or adjourned,
379 the bill shall be placed on the bottom of the third reading calendar.
380 Section 11. HR4-4-401 is amended to read:
381 HR4-4-401. Concurrence Calendar.
382 (1) After the Chief Clerk or the Chief Clerk's designee reads the transmittal letter from
383 the Senate informing the House that the Senate has amended a piece of House legislation, the
384 presiding officer shall place the legislation on the concurrence calendar.
385 (2) (a) During the first 43 days of the annual general session, the legislation shall
386 remain on the concurrence calendar for at least one legislative day before the House may
387 consider the question of concurrence.
388 (b) During the last two days of the annual general session, and during any special
389 session, the House may consider legislation for concurrence after the House has been given a
390 reasonable time to review the Senate amendments.
391 (3) (a) When presenting legislation to the House for concurrence, the presiding officer
392 shall ask the sponsor of the legislation for a motion.
393 (b) The sponsor of the legislation may move to either:
394 (i) concur with the Senate amendments; or
395 (ii) refuse to concur with the Senate amendments and ask the Senate to recede from
396 their amendments.
397 [
398 the presiding officer shall[
399 [
400
401 [
402 (b) If a motion to concur with the Senate amendments passes by a majority vote but the
403 legislation fails to pass the final vote:
404 (i) a motion to reconsider the final vote on the legislation is in order; and
405 (ii) if a motion to reconsider the final vote on the legislation is successful, the
406 legislation shall be placed on the concurrence calendar and a motion to reconsider the vote to
407 concur with the Senate amendments is in order.
408 (c) If a motion to concur with the Senate amendments fails, a motion to refuse to
409 concur with the Senate amendments and ask the Senate to recede from its amendments is in
410 order.
411 [
412 Senate to recede from [
413 (a) the Chief Clerk shall return the legislation to the Senate for its further action[
414 [
415 procedures and requirements of JR3-2-601 relating to the appointment of a conference
416 committee.
417 Section 12. HR4-6-102 is amended to read:
418 HR4-6-102. Motions on the Floor -- General Requirements and Procedures.
419 (1) (a) Except as provided in Subsections (2) and (3), a Representative who is
420 recognized by the presiding officer may make a motion.
421 (b) A second to the motion is not required.
422 (2) (a) A Representative may not speak to a matter and then make a motion unless the
423 Representative has:
424 (i) asked the presiding officer to allow the Representative to reserve the right to make a
425 motion; and
426 (ii) received permission to do so from the presiding officer.
427 (b) In speaking to the matter, the Representative shall confine the Representative's
428 remarks to the subject of the motion to be made.
429 (c) A Representative may only reserve the right to make:
430 (i) a motion to amend the legislation being debated; or
431 (ii) a motion to substitute the legislation being debated.
432 (3) The presiding officer shall:
433 (a) restate each oral motion made by a Representative; and
434 (b) ensure that each written motion made by a Representative is available to any
435 Representative who requests a written copy.
436 (4) The Representative who made a motion may withdraw it any time before the vote
437 on the motion.
438 Section 13. HR4-6-104.5 is enacted to read:
439 HR4-6-104.5. Yielding Time -- Prohibition on Motions.
440 (1) With the approval of the presiding officer, a Representative who has the floor may
441 yield all or part of the Representative's remaining time to another Representative.
442 (2) A Representative who has the floor as a result of time yielded from another
443 Representative may not make a motion.
444 Section 14. HR4-7-101 is amended to read:
445 HR4-7-101. Definitions.
446 (1) "Electronic vote" means that those Representatives present vote using an electronic
447 system that records and tallies their votes.
448 (2) "Roll call vote" means a verbal voting process where:
449 (a) the Chief Clerk or the Chief Clerk's designee verbally calls the name of each
450 Representative alphabetically, except the Speaker, who is called last;
451 (b) each Representative present votes "aye" or [
452 name is called;
453 (c) the Chief Clerk or the Chief Clerk's designee:
454 (i) tallies the vote;
455 (ii) records those Representatives who are absent or not voting; and
456 (iii) gives a copy of the tally to the presiding officer; and
457 (d) the presiding officer announces the result of the vote.
458 (3) "Voice Vote" means a verbal voting process where the presiding officer:
459 (a) poses the question to be voted upon in this form: "Those in favor (of the question)
460 say aye." and "Those opposed, say [
461 (b) based upon the Representative's responses, announces that the question either
462 passed or failed.
463 Section 15. HR4-8-102 is amended to read:
464 HR4-8-102. Initiating a Call of the House.
465 (1) Subject to the requirements of this rule, a Representative may, without being
466 recognized by the presiding officer, demand a call of the House by verbally stating "call of the
467 House."
468 (2) After a Representative demands a call of the House, the presiding officer shall say:
469 [
470
471 (3) If the presiding officer determines that 10 or more Representatives demand a call of
472 the House, the presiding officer shall order the call.
Legislative Review Note
as of 2-26-13 10:28 AM