1     
RULES RESOLUTION ON HOUSE RULES

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     

6     LONG TITLE
7     General Description:
8          This rules resolution amends House rules governing standing committees and floor
9     conduct and procedures.
10     Highlighted Provisions:
11          This resolution:
12          ▸     modifies the circumstances under which the governor, the lieutenant governor, the
13     state attorney general, the state treasurer, the state auditor, governor's staff, and
14     certain former legislators may be present on the House floor and in House space;
15          ▸     provides that a guest who accompanies a representative on the House floor shall sit
16     next to the representative;
17          ▸     allows a standing committee chair or vice chair to designate a member of the
18     standing committee to conduct a meeting of the standing committee;
19          ▸     modifies the list of motions that are prohibited in a standing committee meeting;
20          ▸     prohibits a motion to lift tabled legislation from a standing committee or the House
21     Rules Committee and place it on the third reading calendar; and
22          ▸     makes technical and conforming changes.
23     Special Clauses:
24          This resolution provides a coordination clause.
25     Legislative Rules Affected:
26     AMENDS:
27          HR2-4-101
28          HR2-4-101.2
29          HR2-4-101.3
30          HR2-4-101.4
31          HR2-4-102
32          HR3-2-202
33          HR3-2-317
34          HR3-2-406
35          HR3-2-407
36          HR3-2-510
37          HR3-2-511
38          HR4-4-203
39     Legislative Rules Affected by Coordination Clause:
40          HR2-4-101.2
41          HR2-4-102
42     

43     Be it resolved by the House of Representatives of the state of Utah:
44          Section 1. HR2-4-101 is amended to read:
45          HR2-4-101. Definitions.
46          As used in this chapter:
47          (1) "Former legislator" means a person who is not a current member of the Legislature,
48     but who served in the Utah House or Utah Senate at one time.
49          [(2) "Governor's staff" means:]
50          [(a) a person employed directly by the Office of the Governor or the Office of the
51     Lieutenant Governor; and]
52          [(b) the director of the Office of Planning and Budget.]
53          [(3)] (2) (a) "Guest" means an individual who is afforded access to the House space
54     under a provision of this chapter, who is not an individual described in Subsection [(3)(b)]
55     (2)(c) or a special guest as described under HR2-4-101.2(5).
56          (b) "Guest" includes:
57          (i) the governor, the lieutenant governor, the state attorney general, the state treasurer,
58     the state auditor, and governor's staff; and
59          (ii) a former legislator who is an individual described in Subsection (2)(b)(i).
60          [(b)] (c) "Guest" does not mean a legislator, a member of House or Senate staff, a
61     member of professional legislative staff, a House intern, or a lobbyist[, the governor, the
62     lieutenant governor, the state attorney general, the state treasurer, or the state auditor].
63          [(4)] (3) "House conference rooms" means one of the conference rooms adjacent to the
64     House lounge, speaker's office, or the majority caucus room.
65          [(5)] (4) "House halls" means the passageways that allow access to:
66          (a) the House chamber;
67          (b) the House lounge;
68          (c) the House offices; or
69          (d) any other nonpublic areas adjoining the House chamber.
70          [(6)] (5) "House intern" means an individual who is:
71          (a) an official participant in the student intern program sponsored by the Utah
72     Legislature and administered by the Office of Legislative Research and General Counsel; and
73          (b) is assigned to a representative.
74          [(7)] (6) "House offices" means:
75          (a) Representatives' offices adjacent to the House chamber;
76          (b) Representatives' offices on the third and fourth floors of the capitol building;
77          (c) Representatives' offices in the House building; and
78          (d) kitchens, restrooms, elevators, and any auxiliary rooms in the nonpublic areas
79     connected with the offices listed above.
80          [(8)] (7) "House or Senate staff" means an individual who is employed directly by the
81     House or Senate.
82          [(9)] (8) (a) "House space" means the House chamber, House lounge, House offices,
83     House halls, and House conference rooms.
84          (b) "House space" does not mean the common public space outside the House
85     chamber.
86          [(10)] (9) "Immediate family" means any parent, spouse, child, grandparent,
87     grandchild, great-grandparent, great-grandchild, sibling, aunt, uncle, niece, or nephew of a
88     member of the House, provided that the individual is not a lobbyist.
89          [(11)] (10) "Lobbying" means communicating with a legislator for the purpose of
90     influencing the passage, defeat, amendment, or postponement of legislative action.
91          [(12)] (11) "Lobbyist" means an individual who is required to register as a lobbyist by
92     Utah Code Section 36-11-103.
93          [(13)] (12) "Professional legislative staff" means an individual employed by one of the
94     Legislature's profession-based staff offices, namely the Office of Legislative Research and
95     General Counsel, the Office of the Legislative Fiscal Analyst, the Office of the Legislative
96     Auditor General, or the Office of Legislative Printing.
97          Section 2. HR2-4-101.2 is amended to read:
98          HR2-4-101.2. Admittance to House floor -- Prohibition against lobbying -- Rules
99     for lobbyists on House floor.
100          (1) [While] Except as otherwise provided in this rule, while the House is convened in
101     annual general session or special session, only the following individuals are permitted on the
102     House floor:
103          (a) a legislator;
104          (b) a member of House or Senate staff;
105          (c) a member of professional legislative staff;
106          (d) a House intern; and
107          (e) a former legislator who is not [a lobbyist; and]:
108          (i) a lobbyist; or
109          [(f)] (ii) the governor, lieutenant governor, state attorney general, state treasurer, [and]
110     or state auditor.
111          (2) (a) While the House is convened in annual general session or special session, a
112     representative may invite one [of the following individuals as a] guest who is not a lobbyist to
113     accompany the representative on the House floor, provided that:
114          [(i) a member of the representative's immediate family;]
115          [(ii) an administrative assistant other than a House intern; or]
116          [(iii) a constituent who resides in the member's district.]
117          (i) the guest sits next to the representative;
118          (ii) the representative ensures that the guest does not impede staff work, distract from
119     the work of the House, or encroach on a neighboring representative's desk;
120          (iii) the guest complies with the requirements of this rule, HR2-4-102, and HR2-4-103;
121     and
122          (iv) no representative objects.
123          (b) A representative may have no more than one guest on the House floor at any one
124     time.
125          [(c) A representative who invites a guest onto the House floor shall:]
126          [(i) if the guest is not seated next to the representative as permitted under HR2-4-102,
127     ensure that the guest sits on a bench on the House floor, provided that seating is available; and]
128          [(ii) ensure that the guest stays only for a short visit not to exceed one hour.]
129          (3) A lobbyist, a guest, or an individual described in Subsection (1)(e)[, Subsection
130     (1)(f), or Subsection (2)] is prohibited from lobbying on the House floor.
131          (4) (a) Except as provided in this Subsection (4), a lobbyist is not permitted on the
132     House floor.
133          (b) A representative sponsoring a piece of legislation being debated by the House may
134     invite one lobbyist with expertise on the legislation being considered to be present on the
135     House floor during the presentation and debate on the legislation, if:
136          (i) the representative informs the sergeant-at-arms that the lobbyist is present on the
137     House floor;
138          (ii) the representative ensures that the lobbyist is seated on a bench on the House floor
139     during the presentation and debate on the legislation;
140          (iii) the representative ensures that the lobbyist does not engage in lobbying on the
141     House floor; and
142          (iv) the lobbyist leaves the House floor when the House moves to another item of
143     business.
144          (c) If the representative sponsoring the legislation needs the assistance of the lobbyist
145     during the course of debate on the legislation, the representative may request permission of the
146     speaker to have the lobbyist approach the representative sponsoring the legislation to provide
147     the needed information to the representative.
148          (5) The speaker or the speaker's designee may authorize special guests to be present in
149     the House chamber or on the House floor.
150          [(6) A representative who is visited by two or more guests shall arrange with the
151     sergeant-at-arms for the guests to be seated in the House gallery.]
152          Section 3. HR2-4-101.3 is amended to read:
153          HR2-4-101.3. Admittance to the House lounge.
154          (1) While the House is convened in annual general session or special session only the
155     following individuals are permitted in the House lounge:
156          (a) a legislator;
157          (b) a member of House or Senate staff;
158          (c) a member of professional legislative staff;
159          (d) a member of the representative's immediate family;
160          (e) a House intern;
161          (f) a former legislator who is not [a lobbyist;]:
162          (i) a lobbyist; or
163          [(g)] (ii) the governor, the lieutenant governor, the state attorney general, the state
164     treasurer, and the state auditor; and
165          [(h) the governor's staff, or a staff member for the attorney general, the state treasurer,
166     or the state auditor; and]
167          [(i)] (g) a lobbyist or guest as provided in Subsection (2).
168          (2) (a) A representative may invite a small number of lobbyists or guests to meet with
169     the representative in the House lounge for the purpose of educating the lobbyists or guests
170     about the legislative process or to discuss specific legislative issues.
171          (b) The representative shall ensure that the lobbyists and guests leave the House space
172     when the meeting is over.
173          Section 4. HR2-4-101.4 is amended to read:
174          HR2-4-101.4. Admittance to the House offices, conference rooms, and halls.
175          (1) While the House is convened in annual general session or special session only the
176     following individuals are permitted in the House offices:
177          (a) a legislator;
178          (b) a member of House or Senate staff;
179          (c) a member of professional legislative staff;
180          (d) a House intern;
181          (e) a member of the representative's immediate family;
182          (f) a former legislator who is not [a lobbyist; and]:
183          (i) a lobbyist; or
184          (ii) the governor, the lieutenant governor, the state attorney general, the state treasurer,
185     or the state auditor; and
186          (g) a lobbyist or guest, as provided in Subsection (3).
187          (2) An administrative assistant who is not a House intern is permitted in:
188          (a) the office of the representative who is employing the administrative assistant;
189          (b) the common areas of the House offices;
190          (c) a conference room in the House space, when meeting to discuss legislative business
191     with a representative; and
192          (d) the office of another representative with the consent of that representative.
193          (3) (a) A representative may invite a small number of lobbyists or guests to meet with
194     the representative in the representative's House office or a House conference room to discuss
195     specific legislative issues.
196          (b) The representative shall ensure that the lobbyists and guests leave the House space
197     when the meeting is over.
198          (4) (a) While the House is convened as a body on the House floor, and except as
199     provided in Subsection (4)(b), only the following individuals are allowed in the House halls:
200          (i) a legislator;
201          (ii) a member of House or Senate staff;
202          (iii) a member of professional legislative staff;
203          (iv) a House intern;
204          (v) an administrative assistant who is not a House intern; and
205          (vi) a former legislator who is not [a lobbyist; and]:
206          (A) a lobbyist; or
207          [(vii)] (B) the governor, lieutenant governor, state attorney general, state treasurer, and
208     state auditor.
209          (b) Immediate family of a representative, a lobbyist, a guest, an administrative assistant
210     who is not a House intern, or any other authorized individual who is in transit to the House
211     chamber, House lounge, or House offices may pass through the House halls when traveling to
212     and from an authorized destination.
213          (5) An administrative assistant to a representative who is a not a House intern is not
214     permitted to use or be issued an access badge that grants access to the House floor, House
215     lounge, House offices, House conference rooms, or House hallways.
216          Section 5. HR2-4-102 is amended to read:
217          HR2-4-102. Representatives' chairs and seating on the House floor.
218          (1) No one other than the speaker may occupy the chair or use the desk of the speaker,
219     without the speaker's authorization.
220          (2) When the House is convened in session, only the representative assigned to a desk
221     and chair may occupy the chair or use the desk, except that a legislator may sit in the chair of
222     another legislator.
223          (3) [When] In accordance with HR2-4-101.2, when the House is convened in session, a
224     representative may invite one individual to sit next to the representative on the House floor[, if
225     the representative complies with the requirements of HR2-4-101.2 and the invited individual
226     is:].
227          [(a) another legislator;]
228          [(b) a member of House or Senate staff;]
229          [(c) a member of professional legislative staff;]
230          [(d) a House intern;]
231          [(e) a member of the representative's immediate family;]
232          [(f) a constituent who resides in the representative's district; or]
233          [(g) a special guest who is authorized to access the House floor under
234     HR2-4-101.2(5).]
235          Section 6. HR3-2-202 is amended to read:
236          HR3-2-202. Speaker to appoint committee members, chairs, and vice chairs.
237          (1) The speaker of the House shall appoint members of the House to each standing
238     committee.
239          (2) The speaker of the House shall appoint a chair to each standing committee.
240          (3) The speaker of the House may appoint a vice chair to each standing committee.
241          (4) A vice chair may perform the duties of a chair:
242          (a) as requested by the chair; or
243          (b) in the absence of the chair.
244          (5) The chair, or the vice chair as authorized under Subsection (4), may designate a
245     member of the committee to conduct a standing committee meeting [when neither the chair nor
246     the vice chair is able to attend a meeting].
247          (6) A committee member designated under Subsection (5) may conduct a committee
248     meeting but may not perform the duties of a chair described in HR3-2-302 and HR3-2-303.
249          Section 7. HR3-2-317 is amended to read:
250          HR3-2-317. Chair to decide points of order -- Committee may appeal chair's
251     decision.
252          (1) A chair shall rule on a point of order without committee discussion or debate.
253          (2) As provided in [HR3-2-506] HR3-2-507, a committee member may:
254          (a) make a point of order; or
255          (b) appeal the decision of the chair.
256          Section 8. HR3-2-406 is amended to read:
257          HR3-2-406. Amending legislation -- Verbal amendments -- Amendments must be
258     germane.
259          (1) (a) Except as provided in Subsection (2), and if recognized by the chair during the
260     sponsor presentation phase or the committee action phase, a committee member may make a
261     motion to amend the legislation that is under consideration.
262          (b) (i) A committee member may propose a verbal amendment to the legislation under
263     consideration if the amendment contains 15 or fewer words.
264          (ii) Before proposing a motion to amend, a committee member shall ensure that a
265     proposed amendment that contains more than 15 words is printed and distributed to committee
266     staff and to all committee members present.
267          (iii) Each word inserted shall count as one of the 15 words permitted under a verbal
268     amendment, except that:
269          (A) numbering shall not be counted as a word;
270          (B) instructions to delete a word or words shall not count as a word; and
271          (C) a word or an exact phrase that is inserted in multiple locations shall only be
272     counted for the first insertion.
273          (2) (a) A committee member may only make a motion to amend that is germane to the
274     subject of the legislation under consideration.
275          (b) A committee member who believes that an amendment is not germane to the
276     subject of the legislation may make a point of order or appeal as described in HR3-2-506.
277          Section 9. HR3-2-407 is amended to read:
278          HR3-2-407. Substitute legislation -- Substitutes must be germane.
279          (1) Except as provided in Subsection (2), and if recognized by the chair during the
280     committee action phase, a committee member may make a motion to substitute legislation that
281     is under consideration.
282          (2) (a) A committee member may only make a motion to substitute that is germane to
283     the subject of the legislation under consideration.
284          (b) A committee member who believes that [an amendment] a substitute is not
285     germane to the subject of the legislation may make a point of order or appeal as described in
286     HR3-2-507.
287          Section 10. HR3-2-510 is amended to read:
288          HR3-2-510. Prohibited motions.
289          (1) (a) Except for a motion to adjourn, a committee member may not make a motion
290     unless a quorum of the standing committee is present.
291          (b) When a quorum is not present, a motion to adjourn is passed with a majority vote
292     of those present.
293          (2) No motion is in order during a vote.
294          (3) A point of order is not in order during a vote.
295          (4) A committee member may not make a motion to:
296          (a) strike the enacting clause of legislation;
297          (b) strike the resolving clause of a resolution;
298          (c) circle legislation; [or]
299          (d) place legislation on a time certain calendar[.];
300          (e) postpone legislation to a day certain; or
301          (f) postpone legislation indefinitely.
302          Section 11. HR3-2-511 is amended to read:
303          HR3-2-511. Repeating defeated motion.
304          (1) Except as provided in Subsection (2), a motion that is defeated may not be made by
305     a committee member until the committee has considered other committee business.
306          (2) A motion to [postpone legislation to a day certain, to postpone legislation
307     indefinitely, or to] return legislation to the House Rules Committee, if defeated, may not be
308     made again by any committee member during the same committee meeting.
309          Section 12. HR4-4-203 is amended to read:
310          HR4-4-203. Motion to lift legislation from committee.
311          (1) (a) [A] Except as provided in Subsection (1)(b), a representative may make a
312     motion to lift legislation from a standing committee or the House Rules Committee and place it
313     on the third reading calendar.
314          (b) A representative may not make a motion under Subsection (1)(a) if the legislation
315     was tabled by a standing committee.
316          (2) Except as provided in Subsections (3) and (4), a motion to lift legislation from a
317     standing committee or the House Rules Committee may be approved with a majority vote of
318     the members present.
319          [(3) (a) A motion to lift legislation that was tabled by a standing committee requires a
320     vote of two-thirds of the members present.]
321          [(b)] (3) A motion to lift legislation that failed to pass a standing committee motion to
322     send the legislation to the second reading calendar requires a vote of two-thirds of the members
323     present.
324          (4) A motion to lift legislation during the 43rd, 44th, and 45th day of the annual
325     general session, and during any special session, requires a vote of two-thirds of the members
326     present.
327          (5) If a motion to lift legislation is approved, the presiding officer shall direct that the
328     legislation be placed on the third reading calendar.
329          Section 13. Coordinating H.R. 4 with H.R. 2 -- Superseding technical and
330     substantive amendments.
331          If this H.R. 4 and H.R. 2, House Rules Resolution - House Floor Conduct, both pass, it
332     is the intent of the House of Representatives that the amendments to HR2-4-101.2 and
333     HR2-4-102 in this resolution supersede the amendments to HR2-4-101.2 and HR2-4-102 in
334     H.R. 2 when the Office of Legislative Research and General Counsel prepares the Legislative
335     Rules database for publication.