1     
HOUSE RULES RESOLUTION ON STANDING COMMITTEE

2     
HEARINGS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

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Chief Sponsor: Kraig Powell

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7     LONG TITLE
8     General Description:
9          This rules resolution amends the House Rules that govern the committee hearing
10     requirements for passage of legislation, and modifies related motions and procedures.
11     Highlighted Provisions:
12          This resolution:
13          ▸     prohibits the House of Representatives from passing legislation when the legislation
14     has not had a House standing committee hearing, unless the legislation is:
15               •     specifically exempted from the requirement; or
16               •     lifted from a House standing committee by a vote of a majority of the members
17     of the House of Representatives;
18          ▸     prohibits a motion to lift legislation from a House standing committee from being
19     combined with another motion;
20          ▸     prohibits the House Rules Committee from placing legislation directly onto the third
21     reading calendar unless the legislation is:
22               •     specifically exempted from the House committee review requirements; or
23               •     reviewed and approved by the House Rules Committee while acting as a
24     standing committee for the purpose of reviewing legislation; and
25          ▸     revises the announcement requirements for a bill's third reading in order to give
26     notice of the review requirements.
27     Special Clauses:
28          None
29     Legislative Rules Affected:
30     AMENDS:
31          HR3-1-102
32          HR3-2-102
33          HR4-4-201
34          HR4-4-203
35     

36     Be it resolved by the House of Representatives of the state of Utah:
37          Section 1. HR3-1-102 is amended to read:
38          HR3-1-102. House Rules Committee -- Assignment duties.
39          (1) The presiding officer shall submit all legislation introduced in the House of
40     Representatives to the House Rules Committee.
41          (2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
42     Committee, the committee shall:
43          (a) examine the legislation for proper form, including fiscal note and interim
44     committee note, if any; and
45          (b) either:
46          (i) refer legislation to the House with a recommendation:
47          (A) that the legislation be referred to a standing committee for consideration; or
48          (B) if the legislation is exempted from the standing committee review requirements
49     under HR3-2-102(3), that the legislation be read the second time and placed on the third
50     reading calendar; or
51          (ii) hold the legislation.
52          (c) If the chair of the House Rules Committee receives a summary report from the
53     Occupational and Professional Licensure Review Committee related to newly regulating an
54     occupation or profession within the two calendar years immediately preceding the session in
55     which a piece of legislation is introduced related to the regulation by the Division of
56     Occupational and Professional Licensing of that occupation or profession:
57          (i) the chair of the House Rules Committee shall ensure that the House Rules
58     Committee is informed of the summary report before the House Rules Committee takes action
59     on the legislation; and
60          (ii) if the House Rules Committee refers the legislation to the House as provided for in
61     Subsection (2)(a)(i):
62          (A) the Office of Legislative Research and General Counsel shall make the summary
63     report reasonably available to the public and to legislators; and
64          (B) if the legislation is referred to a standing committee, the House Rules Committee
65     shall forward the summary report to the standing committee.
66          (3) In carrying out its functions and responsibilities under this rule, the House Rules
67     Committee may not:
68          (a) table legislation without the written consent of the sponsor;
69          (b) report out any legislation that has been tabled by a standing committee;
70          (c) amend legislation without the written consent of the sponsor; or
71          (d) substitute legislation without the written consent of the sponsor.
72          (4) The House Rules Committee may recommend a time certain for floor consideration
73     of any legislation when it is reported out of the House Rules Committee, or at any other time.
74          (5) When the committee is carrying out its functions and responsibilities under this
75     rule, the committee shall:
76          (a) during a legislative session, give notice of its meetings by either:
77          (i) providing oral notice from the House floor of the time and place of its next meeting;
78     or
79          (ii) when oral notice is impractical, post written notice of its next meeting;
80          (b) when the Legislature is not in session, post a notice of meeting at least 24 hours
81     before the meeting convenes;
82          (c) have as its agenda all legislation in its possession for assignment to committee or to
83     the House calendars; and
84          (d) prepare minutes that include a record, by individual representative, of votes taken.
85          (6) Anyone may attend a meeting of the rules committee, but comments and discussion
86     are limited to members of the committee and the committee's staff.
87          Section 2. HR3-2-102 is amended to read:
88          HR3-2-102. Standing committee review required -- Exceptions.
89          (1) As used in this section, "House standing committee" means a committee described
90     in HR3-2-201, excluding the House Rules Committee.
91          [(1)] (2) (a) The House of Representatives may not [pass] consider a bill, joint
92     resolution, or concurrent resolution [during the annual general session] for a third reading and
93     passage unless:
94          [(a) a House standing committee has reviewed the legislation; and]
95          [(b) the House standing committee has given a favorable recommendation to the
96     legislation.]
97          (i) one of the following entities reviews and gives a favorable recommendation to the
98     bill or resolution:
99          (A) a House standing committee; or
100          (B) the House Rules Committee, when meeting in accordance with HR3-1-101(2)(c);
101     or
102          (ii) a representative successfully lifts the legislation from a House standing committee
103     or the House Rules Committee as provided under HR4-4-203.
104          (b) A motion made under Subsection (2)(a)(ii) may not be combined with another
105     motion and shall affect only a single bill or resolution.
106          [(2)] (3) This rule does not apply to:
107          (a) a resolution regarding legislative rules or legislative personnel;
108          (b) legislation that has been approved by an interim committee;
109          (c) the revisor's statute; or
110          (d) if the legislation was reviewed and approved by the Executive Appropriations
111     Committee, legislation that:
112          (i) exclusively appropriates monies;
113          (ii) amends Utah Code Title 53A, Chapter 17a, Minimum School Program Act;
114          (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
115          (iv) authorizes the issuance of general obligation or revenue bonds.
116          Section 3. HR4-4-201 is amended to read:
117          HR4-4-201. Third reading calendar -- Procedures.
118          (1) As used in this section, "House standing committee" means the same as that term is
119     defined in HR3-2-102.
120          [(1)] (2) (a) For the third reading on a piece of legislation, the chief clerk of the House
121     or the chief clerk's designee shall read the legislation by title unless the House suspends this
122     requirement by a two-thirds vote.
123          (b) [(i) After reading the title of the legislation,] For each piece of legislation, the chief
124     clerk or the chief clerk's designee shall:
125          (i) if the legislation has been reviewed by a House standing committee, identify the
126     House standing committee that reviewed the legislation and the vote in that committee[.];
127          (ii) [If] if the legislation has not been reviewed by a House standing committee, [the
128     chief clerk or the chief clerk's designee shall] announce that the legislation was not reviewed by
129     a House standing committee[.] because:
130          (A) it is exempted from committee review requirements, as provided under
131     HR3-2-102(3); or
132          (B) it was lifted from committee, as provided under HR4-4-203.
133          [(2)] (3) When the chief clerk or the chief clerk's designee has completed the third
134     reading of the legislation, the legislation is before the House for debate.
135          [(3)] (4) When debate on the legislation is complete, the presiding officer shall take the
136     final vote on the legislation.
137          Section 4. HR4-4-203 is amended to read:
138          HR4-4-203. Motion to lift legislation from committee.
139          (1) As used in this section, "House standing committee" means the same as that term is
140     defined in HR3-2-102.
141          [(1)] (2) A representative may make a motion to lift a piece of legislation from a House
142     standing committee or the House Rules Committee [and], place [it] the legislation on the third
143     reading calendar[.], and consider the legislation read for the second time.
144          (3) A motion made under this section may not be combined with another motion and
145     shall affect only a single bill or resolution.
146          [(2)] (4) (a) Except as provided in Subsection [(2)] (4)(b), if the motion is approved by
147     a majority of the members [present] of the House of Representatives, the presiding officer shall
148     direct that the legislation be placed on the bottom of the third reading calendar and be
149     considered read for the second time.
150          (b) During the 43rd, 44th, and 45th day of the annual general session, and during any
151     special session, a motion to lift a piece of legislation from a House standing committee or the
152     House Rules Committee must be approved by a vote of two-thirds of the members present.




Legislative Review Note
     as of 10-1-14 9:44 AM

Office of Legislative Research and General Counsel