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7 LONG TITLE
8 General Description:
9 This resolution repeals and reenacts House standing committee rules.
10 Highlighted Provisions:
11 This resolution:
12 ▸ defines terms;
13 ▸ reorganizes standing committee rules;
14 ▸ clarifies and expands the powers of a chair to:
15 • preserve order and decorum; and
16 • adopt time restrictions for witnesses and presenters;
17 ▸ authorizes the speaker of the House to appoint a vice chair to standing committees;
18 ▸ requires a standing committee chair to enforce standing committee rules;
19 ▸ clarifies that review of legislation during a standing committee is subject to four
20 distinct phases:
21 • presentation by the sponsor;
22 • clarifying questions by committee members;
23 • public comment; and
24 • committee action; and
25 ▸ clarifies that privileged motions:
26 • take precedence over non-privileged motions;
27 • are to be accepted in a specified priority; and
28 • except for a motion to adjourn, do not dispose of other pending motions.
29 Special Clauses:
30 None
31 Legislative Rules Affected:
32 ENACTS:
33 HR3-2-203
34 HR3-2-204
35 HR3-2-303
36 HR3-2-305
37 HR3-2-306
38 HR3-2-307
39 HR3-2-308
40 HR3-2-309
41 HR3-2-310
42 HR3-2-311
43 HR3-2-312
44 HR3-2-313
45 HR3-2-314
46 HR3-2-315
47 HR3-2-316
48 HR3-2-317
49 HR3-2-318
50 HR3-2-319
51 HR3-2-411
52 HR3-2-412
53 HR3-2-413
54 HR3-2-507
55 HR3-2-508
56 HR3-2-509
57 HR3-2-510
58 HR3-2-511
59 HR3-2-512
60 REPEALS AND REENACTS:
61 HR3-2-101
62 HR3-2-201
63 HR3-2-202
64 HR3-2-301
65 HR3-2-302
66 HR3-2-304
67 HR3-2-401
68 HR3-2-402
69 HR3-2-403
70 HR3-2-404
71 HR3-2-405
72 HR3-2-406
73 HR3-2-407
74 HR3-2-408
75 HR3-2-409
76 HR3-2-410
77 HR3-2-501
78 HR3-2-502
79 HR3-2-503
80 HR3-2-504
81 HR3-2-505
82 HR3-2-506
83 REPEALS:
84 HR3-2-102
85 HR3-2-103
86 HR3-2-104
87 HR3-2-601
88
89 Be it resolved by the House of Representatives of the state of Utah:
90 Section 1. HR3-2-101 is repealed and reenacted to read:
91
92 HR3-2-101. Definitions.
93 As used in this chapter:
94 (1) "Chair" means:
95 (a) the chair of a standing committee; or
96 (b) a standing committee member who is authorized to act as chair under HR3-2-202.
97 (2) "Committee" means a standing committee created under HR3-2-201.
98 (3) "Dispose of legislation" refers to a committee action that transfers ownership of
99 legislation to the House Rules Committee, to another standing committee, or to the House
100 floor.
101 (4) "Favorable recommendation" refers to a committee action that transfers ownership
102 of legislation to the House second reading calendar.
103 (5) "Legislation" means a Senate bill, House bill, Senate resolution, House resolution,
104 joint resolution, or concurrent resolution.
105 (6) "Majority vote" means a majority of a quorum as provided in HR3-2-203.
106 (7) "Original motion" means a non-privileged motion that is accepted by the chair
107 when no other motion is pending.
108 (8) "Pending motion" refers to a motion starting when a chair accepts a motion and
109 ending when the motion is withdrawn or when the chair calls for a vote on the motion.
110 (9) (a) "Privileged motion" means a procedural motion to adjourn, set a time to
111 adjourn, recess, end debate, extend debate, or limit debate.
112 (b) Privileged motions are not substitute motions.
113 (10) "Substitute motion" means a non-privileged motion that is made when a
114 non-privileged motion is pending.
115 (11) "Under consideration" means the time starting when a chair opens a discussion on
116 a subject or piece of legislation that is listed on a committee agenda and ending when the
117 committee disposes of the legislation, moves on to another item on the agenda, or adjourns.
118 Section 2. HR3-2-201 is repealed and reenacted to read:
119
120 HR3-2-201. Standing committees -- Creation.
121 (1) There are created the following standing committees:
122 (a) Business and Labor;
123 (b) Economic Development and Workforce Services;
124 (c) Education;
125 (d) Government Operations;
126 (e) Health and Human Services;
127 (f) House Rules;
128 (g) Judiciary;
129 (h) Law Enforcement and Criminal Justice;
130 (i) Natural Resources, Agriculture, and Environment;
131 (j) Political Subdivisions;
132 (k) Public Utilities and Technology;
133 (l) Revenue and Taxation; and
134 (m) Transportation.
135 (2) The members of the Retirement and Independent Entities Committee created in
136 Utah Code Section 63E-1-201 comprise a House standing committee.
137 Section 3. HR3-2-202 is repealed and reenacted to read:
138 HR3-2-202. Speaker to appoint committee members, chairs, and vice chairs.
139 (1) The speaker of the House shall appoint members of the House to each standing
140 committee.
141 (2) The speaker of the House shall appoint a chair to each standing committee.
142 (3) The speaker of the House may appoint a vice chair to each standing committee.
143 (4) A vice chair may perform the duties of a chair:
144 (a) as requested by the chair; or
145 (b) in the absence of the chair.
146 (5) The chair, or the vice chair as authorized under Subsection (4), may designate a
147 member of the committee to conduct a standing committee meeting when neither the chair nor
148 the vice chair is able to attend a meeting.
149 (6) A committee member designated under Subsection (5) may conduct a committee
150 meeting but may not perform the duties of a chair described in HR3-2-302 and HR3-2-303.
151 Section 4. HR3-2-203 is enacted to read:
152 HR3-2-203. Quorum requirements.
153 (1) Except as provided in Subsection (2), a majority of a standing committee is a
154 quorum.
155 (2) In determining whether a quorum is present, the speaker, majority leader, majority
156 whip, assistant majority whip, House Rules Committee chair, Executive Appropriations
157 Committee chair, minority leader, minority whip, assistant minority whip, and the fourth
158 member of leadership from the minority party are not counted in determining a quorum for a
159 standing committee, except during the time that the representative is present at the meeting.
160 Section 5. HR3-2-204 is enacted to read:
161 HR3-2-204. Committee order of business.
162 Unless a standing committee chair, or a committee by majority vote, determines
163 otherwise, the order of business for a standing committee is:
164 (1) call to order by the chair;
165 (2) approval of the minutes of previous meetings;
166 (3) announcement of the agenda;
167 (4) announcement of time restrictions, if any, subject to the requirements of
168 HR3-2-304; and
169 (5) consideration of standing committee business.
170 Section 6. HR3-2-301 is repealed and reenacted to read:
171
172 HR3-2-301. Chair to enforce legislative rules and procedures.
173 The chair shall ensure the integrity of the standing committee process by enforcing
174 legislative rules and parliamentary procedure without delay.
175 Section 7. HR3-2-302 is repealed and reenacted to read:
176 HR3-2-302. Chair to set agenda -- Requirements.
177 The chair shall:
178 (1) set the agenda for a standing committee meeting; and
179 (2) ensure that legislation tabled by a standing committee is listed on a standing
180 committee agenda as required by HR3-2-408.
181 Section 8. HR3-2-303 is enacted to read:
182 HR3-2-303. Chair to post notice and agenda -- Notification to sponsors.
183 (1) The chair shall cause a public notice and agenda to be posted at least 24 hours
184 before each standing committee meeting as required under Utah Code Title 52, Chapter 4,
185 Open and Public Meetings Act.
186 (2) The chair shall notify the chief House sponsor or chief Senate sponsor of legislation
187 listed on an agenda of the time and place of the committee meeting in which the legislation will
188 be considered not less than 24 hours before the committee meeting.
189 Section 9. HR3-2-304 is repealed and reenacted to read:
190 HR3-2-304. Chair may direct order of agenda -- Time restrictions.
191 The chair, or a committee by majority vote, may adopt committee procedures and time
192 restrictions, including:
193 (1) directing the order of the agenda;
194 (2) directing the order in which a witness or presenter will be heard;
195 (3) directing the number of witnesses or presenters that will be heard; and
196 (4) limiting the time the committee will spend on:
197 (a) an item on the agenda; or
198 (b) an individual witness or presenter.
199 Section 10. HR3-2-305 is enacted to read:
200 HR3-2-305. Four phases when considering legislation.
201 Legislation under consideration by a standing committee is subject to four distinct
202 phases during a committee meeting:
203 (1) the sponsor's presentation as provided in HR3-2-306;
204 (2) clarifying questions as provided in HR3-2-307;
205 (3) public comment as provided in HR3-2-308; and
206 (4) committee action as provided in HR3-2-309.
207 Section 11. HR3-2-306 is enacted to read:
208 HR3-2-306. Sponsor presentation.
209 (1) Except as provided in Subsection (2), during the presentation phase, a committee
210 member may not amend legislation, substitute legislation, or dispose of legislation. All other
211 motions are in order during the presentation phase.
212 (2) During the presentation phase of a committee meeting, the chair may accept a
213 simple motion to amend legislation if the chair permits:
214 (a) committee questions and debate;
215 (b) public comment as provided in HR3-2-308;
216 (c) the sponsor of the legislation affected by the amendment to respond to the motion
217 to amend; and
218 (d) the committee member who made the motion to amend to have the final word on
219 the motion as required under HR3-2-313.
220 (3) During the presentation phase of a standing committee meeting, the chair shall:
221 (a) permit the chief sponsor or the legislator designated by the chief sponsor to be the
222 floor sponsor in the opposite house to present the chief sponsor's legislation; and
223 (b) except as provided in Subsection (4), and at the election of a legislative sponsor,
224 permit persons who have expertise on the legislation to assist with the presentation as provided
225 in HR3-2-304.
226 (4) The chair may not permit:
227 (a) legislation to be presented if the legislative sponsor is not present; or
228 (b) legislative interns or legislative aides to present legislation.
229 Section 12. HR3-2-307 is enacted to read:
230 HR3-2-307. Clarifying questions.
231 (1) During the clarifying question phase, a committee member may not amend
232 legislation, substitute legislation, or dispose of legislation. All other motions are in order
233 during the clarifying questions phase.
234 (2) A chair shall allow members of the committee to ask the legislative sponsor
235 questions, provided that the questions help to clarify the intent or purpose of the legislation or
236 the meaning of the language of the legislation.
237 (3) The chair shall allow the legislative sponsor to respond to clarifying questions.
238 (4) The chair may allow, with the legislative sponsor's approval, a person authorized
239 under HR3-2-306 to respond to clarifying questions from members of the committee.
240 Section 13. HR3-2-308 is enacted to read:
241 HR3-2-308. Public comment.
242 (1) During the public comment phase, a committee member may not amend legislation,
243 substitute legislation, or dispose of legislation. All other motions are in order during the public
244 comment phase.
245 (2) During the public comment phase of a committee meeting:
246 (a) the chair, or a committee by majority vote, may limit the time an individual witness
247 or presenter speaks to a committee as authorized under HR3-2-304; and
248 (b) the chair, or the committee by majority vote, may terminate the public comment
249 phase at any time.
250 (3) Unless the chair, or a committee by majority vote, permits additional public
251 comment, once the public comment phase has ended only committee members, legislative
252 sponsors, staff, and those authorized under HR3-2-307 may address the committee.
253 Section 14. HR3-2-309 is enacted to read:
254 HR3-2-309. Committee action.
255 During the committee action phase, a committee member may make motions to amend
256 the legislation, to substitute the legislation, and to dispose of the legislation. All other motions
257 authorized by this chapter are in order during the committee action phase of a committee
258 meeting.
259 Section 15. HR3-2-310 is enacted to read:
260 HR3-2-310. Chair to preserve order -- Powers to preserve order.
261 (1) The chair shall preserve order and decorum during standing committee meetings
262 by:
263 (a) controlling outbursts and demonstrations; and
264 (b) ensuring that committee members, presenters, witnesses, and visitors act in a
265 dignified and respectful manner.
266 (2) To preserve order, the chair may:
267 (a) clear the committee room of any person who engages in disorderly conduct;
268 (b) recess a standing committee meeting; or
269 (c) request assistance from:
270 (i) the sergeant-at-arms; or
271 (ii) the Utah Highway Patrol.
272 Section 16. HR3-2-311 is enacted to read:
273 HR3-2-311. Chair to recognize committee members -- Remarks to be germane --
274 Committee members may make motions when recognized -- Permission to address
275 committee.
276 (1) The chair shall recognize a committee member who desires to speak to a subject
277 that is under consideration by a standing committee.
278 (2) Upon recognition by the chair, a committee member:
279 (a) shall ensure that the member's remarks are germane to the subject under
280 consideration; and
281 (b) may make a motion that is authorized by this chapter.
282 (3) Presenters, witnesses, visitors, staff, and committee members may not speak to a
283 standing committee unless recognized by the chair.
284 Section 17. HR3-2-312 is enacted to read:
285 HR3-2-312. Chair to accept all motions that are in order -- Once accepted, the
286 motion is pending.
287 (1) The chair shall accept a motion requested by a member of a standing committee
288 who has been properly recognized unless the motion is prohibited by this chapter or by
289 parliamentary procedure.
290 (2) To properly accept a motion, the chair shall:
291 (a) restate each verbal motion;
292 (b) identify the number of each written motion to amend or substitute legislation; and
293 (c) distribute copies of each written amendment or substitute to members of the
294 committee.
295 (3) When a chair properly accepts a motion under Subsection (2), the motion is
296 pending.
297 Section 18. HR3-2-313 is enacted to read:
298 HR3-2-313. Chair to allow response to motions before placing motions for a vote.
299 After a motion has been accepted, and before the chair places a motion for a vote, the
300 chair shall permit:
301 (1) members of the committee to ask the committee member who placed the motion
302 questions about the motion;
303 (2) members of the committee to debate the motion;
304 (3) the chief sponsor of the legislation that is affected by the motion to respond to the
305 motion; and
306 (4) the committee member who placed the motion to have the final word on the
307 motion.
308 Section 19. HR3-2-314 is enacted to read:
309 HR3-2-314. Chair to place motion for vote.
310 After the chair has permitted a committee member to sum on a motion as required
311 under HR3-2-313(4), the chair shall place the motion for a vote unless the motion is withdrawn
312 subject to the requirements of HR3-2-511.
313 Section 20. HR3-2-315 is enacted to read:
314 HR3-2-315. Chair to verbally announce vote on motions -- Motions pass with
315 majority vote of a quorum -- Exceptions.
316 (1) After a standing committee votes on a motion, the chair shall:
317 (a) determine whether the motion passed or failed;
318 (b) verbally announce that the motion passed or that the motion failed; and
319 (c) if the vote on the motion is not unanimous, verbally identify by name either the
320 committee members who voted "yes" or the committee members who voted "no."
321 (2) Unless otherwise specifically indicated in this chapter, motions pass with a majority
322 vote of a quorum as defined in HR3-2-203.
323 Section 21. HR3-2-316 is enacted to read:
324 HR3-2-316. Chair may direct a roll call vote.
325 Although most motions will be determined by a voice vote, the chair, or a committee by
326 majority vote, may direct a roll call vote.
327 Section 22. HR3-2-317 is enacted to read:
328 HR3-2-317. Chair to decide points of order -- Committee may appeal chair's
329 decision.
330 (1) A chair shall rule on a point of order without committee discussion or debate.
331 (2) As provided in HR3-2-506, a committee member may:
332 (a) make a point of order; or
333 (b) appeal the decision of the chair.
334 Section 23. HR3-2-318 is enacted to read:
335 HR3-2-318. Chair to send standing committee reports to the House.
336 (1) When a standing committee approves a motion to dispose of legislation under the
337 requirements of HR3-2-408 or HR3-2-403, the chair shall, no later than the next legislative
338 day, submit to the chief clerk of the House:
339 (a) the official version of the legislation; and
340 (b) a committee report, signed by the chair, describing the committee's action.
341 (2) (a) A committee member who dissents from a motion to dispose of legislation may
342 request to be listed by name on the committee report.
343 (b) If a committee member requests to be listed by name on a committee report, the
344 committee report shall include the name of the committee member.
345 (3) If, for any reason, the chair does not submit a committee report to the chief clerk of
346 the House as required in Subsection (1), the chief clerk of the House shall ensure that the
347 official version of the legislation and the committee report are submitted before the end of the
348 second legislative day after the legislation was acted on by a standing committee.
349 Section 24. HR3-2-319 is enacted to read:
350 HR3-2-319. Chair to ensure integrity of minutes -- Retention of minutes --
351 Content requirements.
352 (1) The chair shall:
353 (a) ensure that a secretary takes minutes of standing committee meetings;
354 (b) present the minutes to the committee for approval; and
355 (c) send the approved minutes to the office of the chief clerk of the House.
356 (2) The chief clerk of the House shall retain committee minutes for three years.
357 (3) The chair shall ensure that committee minutes comply with the requirements of
358 Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
359 (4) The chair shall ensure that committee minutes include:
360 (a) the date, time, and place of each committee meeting;
361 (b) a list of committee members present;
362 (c) each motion made;
363 (d) the vote on each motion;
364 (e) points of order; and
365 (f) the outcome of each appeal of the decision of the chair.
366 Section 25. HR3-2-401 is repealed and reenacted to read:
367
368 HR3-2-401. Standing committee review required -- Exceptions.
369 (1) Except as provided in Subsection (2), the House of Representatives may not pass a
370 bill, joint resolution, or concurrent resolution during the annual general session unless a House
371 standing committee has given a favorable recommendation to the legislation.
372 (2) Subsection (1) does not apply to:
373 (a) a resolution regarding legislative rules or legislative personnel;
374 (b) legislation that has been approved by a unanimous vote of an interim committee;
375 (c) the revisor's statute; or
376 (d) if the legislation was reviewed and approved by the Executive Appropriations
377 Committee, legislation that:
378 (i) exclusively appropriates money;
379 (ii) amends Utah Code Title 53A, Chapter 17a, Minimum School Program Act;
380 (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
381 (iv) authorizes the issuance of general obligation or revenue bonds.
382 Section 26. HR3-2-402 is repealed and reenacted to read:
383 HR3-2-402. Standing committee review of legislation with a fiscal impact.
384 Except as provided in HR3-2-401, a standing committee in one or both houses shall
385 review legislation before the legislation is held in the opposite house because of its fiscal
386 impact.
387 Section 27. HR3-2-403 is repealed and reenacted to read:
388 HR3-2-403. Standing committee duties -- Consider legislation in a reasonable time
389 -- Dispose of legislation.
390 When a committee has completed its review of legislation, a standing committee shall
391 dispose of the legislation by:
392 (1) returning the legislation to the House Rules Committee;
393 (2) tabling the legislation, subject to the requirements of HR3-2-408;
394 (3) recommending that the legislation be read a second time and placed on the third
395 reading calendar; or
396 (4) referring the legislation to a different standing committee.
397 Section 28. HR3-2-404 is repealed and reenacted to read:
398 HR3-2-404. Motions to lift from the table, hold, amend, or substitute legislation.
399 In addition to the actions listed in HR3-2-403(2), a standing committee may approve
400 one or more of the following motions on a single piece of legislation:
401 (1) hold the legislation;
402 (2) move to the next item on an agenda;
403 (3) amend the legislation, subject to the requirements of HR3-2-406;
404 (4) substitute the legislation, subject to the requirements of HR3-2-407; or
405 (5) lift legislation from the table, subject to the requirements of HR3-2-408.
406 Section 29. HR3-2-405 is repealed and reenacted to read:
407 HR3-2-405. Consent calendar.
408 (1) A standing committee may recommend that legislation in its possession be placed
409 on the consent calendar if:
410 (a) the committee approves a motion, by a unanimous vote, that the legislation be read
411 a second time and placed on the third reading calendar;
412 (b) immediately subsequent to that action, the chief sponsor requests that the
413 legislation be placed on the consent calendar;
414 (c) in a separate motion and vote, the committee unanimously approves the sponsor's
415 request to place the legislation on the consent calendar instead of the second or third reading
416 calendar; and
417 (d) the legislation does not have a fiscal note of $10,000 or more.
418 (2) If, in accordance with HR3-1-102, the House Rules Committee forwards a
419 summary report from the Occupational and Professional Licensure Review Committee in
420 conjunction with legislation referred to a standing committee, the chair shall ensure that the
421 summary report is read orally to the committee before action is taken by the committee on the
422 legislation that is related to the summary report.
423 Section 30. HR3-2-406 is repealed and reenacted to read:
424 HR3-2-406. Amending legislation -- Amendments must be germane.
425 (1) (a) Except as provided in Subsection (2), and if recognized by the chair during the
426 committee action phase, a committee member may make a motion to amend the legislation that
427 is under consideration.
428 (b) (i) A committee member may propose a verbal amendment to the legislation under
429 consideration if the amendment contains 25 or fewer words.
430 (ii) Before proposing a motion to amend, a committee member shall ensure that a
431 proposed amendment that contains more than 25 words is printed and distributed to committee
432 staff and to all committee members present.
433 (2) (a) A committee member may only make a motion to amend that is germane to the
434 subject of the legislation under consideration.
435 (b) A committee member who believes that an amendment is not germane to the
436 subject of the legislation may make a point of order or appeal as described in HR3-2-506.
437 Section 31. HR3-2-407 is repealed and reenacted to read:
438 HR3-2-407. Substitute legislation -- Substitutes must be germane.
439 (1) Except as provided in Subsection (2), and if recognized by the chair during the
440 committee action phase, a committee member may make a motion to substitute legislation that
441 is under consideration.
442 (2) (a) A committee member may only make a motion to substitute that is germane to
443 the subject of the legislation under consideration.
444 (b) A committee member who believes that an amendment is not germane to the
445 subject of the legislation may make a point of order or appeal as described in HR3-2-507.
446 Section 32. HR3-2-408 is repealed and reenacted to read:
447 HR3-2-408. Legislation tabled in a standing committee -- Requirements.
448 (1) If legislation is tabled, the chair shall list the tabled legislation on the committee
449 agenda for the next committee meeting.
450 (2) At the next committee meeting, the committee may, by a two-thirds vote, lift the
451 tabled legislation from the table.
452 (3) If a motion to lift tabled legislation is successful, the standing committee may make
453 any motion on the legislation that is authorized under this chapter.
454 (4) (a) If legislation is tabled by a committee and the legislation is not lifted from the
455 table at the committee's next meeting, the committee chair shall submit a committee report to
456 the chief clerk of the House informing the House that the legislation was tabled.
457 (b) After reading the committee report on the tabled legislation, the chief clerk of the
458 House shall send the tabled legislation to the House Rules Committee for filing.
459 Section 33. HR3-2-409 is repealed and reenacted to read:
460 HR3-2-409. Reconsideration of action.
461 (1) Except as provided in Subsection (2), and if recognized by the chair, a committee
462 member may make a motion to reconsider the committee's action on legislation if the
463 legislation is:
464 (a) in the possession of the standing committee; and
465 (b) listed on the committee agenda as required by Utah Code Title 52, Chapter 4, Open
466 and Public Meetings Act.
467 (2) A standing committee may not reconsider its action on a piece of legislation:
468 (a) more than once; and
469 (b) until the committee has considered other committee business.
470 Section 34. HR3-2-410 is repealed and reenacted to read:
471 HR3-2-410. Testimony may be taken under oath.
472 (1) At the direction of the chair, or upon a majority vote of the committee, the
473 testimony of a witness, presenter, or visitor who speaks to a committee may be taken under
474 oath.
475 (2) The chair or committee staff shall administer the oath.
476 Section 35. HR3-2-411 is enacted to read:
477 HR3-2-411. Additional standing committee meetings.
478 With permission from the speaker of the House, a chair may hold a committee meeting
479 independent of regularly scheduled committee meetings on:
480 (1) a single piece of legislation; or
481 (2) the subject of two or more pieces of legislation.
482 Section 36. HR3-2-412 is enacted to read:
483 HR3-2-412. Closed standing committee meetings.
484 A standing committee may close a committee meeting in accordance with the
485 procedures and requirements of Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
486 Section 37. HR3-2-413 is enacted to read:
487 HR3-2-413. Prohibited from meeting while House is in session -- Exceptions.
488 (1) A standing committee may not meet while the House is in session unless:
489 (a) the chair receives permission from the speaker to meet; or
490 (b) a majority of the House approves a motion for the committee to meet while the
491 House is in session.
492 (2) Unless a committee is authorized to meet as provided in Subsection (1), any action
493 taken by a committee while the House is in session is invalid.
494 Section 38. HR3-2-501 is repealed and reenacted to read:
495
496 HR3-2-501. Obtaining the floor in committee -- Remarks to be germane.
497 (1) As required in HR3-2-311, a chair shall recognize a committee member who
498 desires to speak to the committee.
499 (2) A committee member who is recognized by the chair may make a motion consistent
500 with the requirements of this chapter.
501 (3) A second to a motion is not required.
502 Section 39. HR3-2-502 is repealed and reenacted to read:
503 HR3-2-502. Committee members shall vote.
504 A committee member shall vote on every motion placed for a vote while the committee
505 member is present at a meeting.
506 Section 40. HR3-2-503 is repealed and reenacted to read:
507 HR3-2-503. Privileged motions in committee -- General requirements, procedure,
508 and priority.
509 (1) Privileged motions:
510 (a) are non-debatable; and
511 (b) take precedence over non-privileged motions.
512 (2) If a privileged motion is requested while another privileged motion is pending, the
513 chair shall grant priority to the privileged motions in the following order:
514 (a) adjourn;
515 (b) set time to adjourn;
516 (c) recess;
517 (d) end debate or call the question;
518 (e) extend debate; and
519 (f) limit debate.
520 (3) Except for a motion to adjourn, a privileged motion, if adopted, does not dispose of
521 other pending motions.
522 Section 41. HR3-2-504 is repealed and reenacted to read:
523 HR3-2-504. Original motions in committee -- General requirements, procedure,
524 and priority.
525 (1) Original motions:
526 (a) are debatable; and
527 (b) may be replaced with a substitute motion.
528 (2) A committee member may not make an original motion if:
529 (a) a privileged motion is pending; or
530 (b) a substitute motion is pending.
531 Section 42. HR3-2-505 is repealed and reenacted to read:
532 HR3-2-505. Substitute motions in committee -- General requirements, procedure,
533 and priority.
534 (1) Substitute motions:
535 (a) are debatable; and
536 (b) take precedence over original motions.
537 (2) (a) A committee member may make a substitute motion if an original motion is
538 pending.
539 (b) A committee member may not make a substitute motion if:
540 (i) a privileged motion is pending; or
541 (ii) another substitute motion is pending.
542 (c) If a substitute motion is adopted, a substitute motion disposes of the original
543 motion.
544 (d) If a substitute motion is not adopted, the original motion is pending.
545 Section 43. HR3-2-506 is repealed and reenacted to read:
546 HR3-2-506. Reserve the right to make a motion.
547 (1) Once recognized by the chair, a committee member may not make a motion after
548 speaking to the committee unless the chair has first specifically granted the committee member
549 permission to reserve the right to make a motion.
550 (2) If the chair has granted a committee member the right to make a motion as required
551 in Subsection (1), the committee member's remarks shall be confined to the subject of the
552 motion to be made.
553 (3) A committee member may only reserve the right to make a motion to:
554 (a) amend the legislation being debated; or
555 (b) substitute the legislation being debated.
556 Section 44. HR3-2-507 is enacted to read:
557 HR3-2-507. Point of order -- Appeal of chair's decision.
558 (1) A point of order is not a motion and, except during a vote, may be made by a
559 member of a standing committee at any time during a committee meeting.
560 (2) If a member of a standing committee is concerned that legislative rules or
561 procedures are not being followed, the committee member may make a point of order.
562 (3) When a point of order is made, the chair shall immediately allow the committee
563 member to state the member's point.
564 (4) A chair shall rule on the point of order without committee discussion or debate as
565 provided in HR3-2-315.
566 (5) An appeal of the decision of the chair is not a motion and may be made by a
567 committee member after the chair has ruled on a point of order.
568 (6) A standing committee may, by majority vote, override the decision of the chair on a
569 point of order.
570 (a) If the committee overrides the decision of the chair, the ruling of a committee is
571 final.
572 (b) If a committee does not override the decision of the chair, the ruling of a chair is
573 final.
574 Section 45. HR3-2-508 is enacted to read:
575 HR3-2-508. Point of information.
576 (1) A point of information is not a motion and, except during summation or a vote,
577 may be made by a member of a standing committee at any time during a committee meeting.
578 (2) If a member of a standing committee desires clarification on any aspect of a
579 committee meeting, the committee member may make a point of information.
580 (3) When a point of information is made, the chair shall immediately allow the
581 committee member to state the point.
582 Section 46. HR3-2-509 is enacted to read:
583 HR3-2-509. Division of a motion.
584 (1) A division is not a motion and, except during a vote, may be made by a member of
585 a standing committee at any time during a committee meeting without being recognized by the
586 chair.
587 (2) The committee member who divides a motion shall clearly state how the motion is
588 to be divided.
589 (3) A committee member may not divide a motion to amend legislation in such a
590 manner that could create an unintelligible or ambiguous result.
591 Section 47. HR3-2-510 is enacted to read:
592 HR3-2-510. Prohibited motions.
593 (1) (a) Except for a motion to adjourn, a committee member may not make a motion
594 unless a quorum of the standing committee is present.
595 (b) When a quorum is not present, a motion to adjourn is passed with a majority vote
596 of those present.
597 (2) No motion is in order during a vote.
598 (3) A point of order is not in order during a vote.
599 (4) A committee member may not make a motion to:
600 (a) strike the enacting clause of legislation;
601 (b) strike the resolving clause of a resolution;
602 (c) circle legislation; or
603 (d) place legislation on a time certain calendar.
604 Section 48. HR3-2-511 is enacted to read:
605 HR3-2-511. Repeating defeated motion.
606 (1) Except as provided in Subsection (2), a motion that is defeated may not be made by
607 a committee member until the committee has considered other committee business.
608 (2) A motion to postpone legislation to a day certain, to postpone legislation
609 indefinitely, or to return legislation to the House Rules Committee, if defeated, may not be
610 made again by any committee member during the same committee meeting.
611 Section 49. HR3-2-512 is enacted to read:
612 HR3-2-512. A motion may be withdrawn.
613 A committee member who makes a motion may withdraw that motion at any time
614 before the motion is placed for a vote.
615 Section 50. Repealer.
616 This resolution repeals:
617 HR3-2-102, Standing committee review required -- Exceptions.
618 HR3-2-103, Standing committee review of legislation with fiscal impact.
619 HR3-2-104, Standing committees prohibited from meeting while House is in
620 session -- Exceptions.
621 HR3-2-601, Committee reports.