Representative James A. Dunnigan proposes the following substitute bill:


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HOUSE RULES RESOLUTION - AMENDMENTS TO HOUSE

2     
RULES

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This rules resolution modifies House rules.
10     Highlighted Provisions:
11          This resolution:
12          ▸     modifies the language of rules provisions for improved clarity;
13          ▸     provides clarifying cross references with related rules provisions;
14          ▸     modifies provisions governing the adoption of rules at the beginning of a session;
15          ▸     modifies provisions governing conflicts of interest;
16          ▸     modifies requirements for the rules committee relating to placement of certain bills
17     directly on the third reading calendar;
18          ▸     modifies language in the readings requirement made by the chief clerk at the
19     commencement of legislative sessions; and
20          ▸     removes duplicative provisions;
21          ▸     amends a provision that conflicts with statute.
22     Special Clauses:
23          None
24     Legislative Rules Affected:
25     AMENDS:
26          HR1-1-101
27          HR2-3-101
28          HR3-1-102
29          HR3-1-105
30          HR5-4-101
31     

32     Be it resolved by the House of Representatives of the state of Utah:
33          Section 1. HR1-1-101 is amended to read:
34          HR1-1-101. Adoption, amendment, or suspension of House Rules.
35          (1) The House of Representatives shall adopt House rules, by a constitutional
36     two-thirds vote, at the beginning of each [legislative session by a constitutional two-thirds
37     vote] new Legislature convening in odd-numbered years.
38          (2) Except as provided in this section:
39          (a) (i) during an annual general session held in an even-numbered year, rules adopted
40     by the House of Representatives during the immediately preceding general session, as amended
41     during that general session and any intervening session, apply to the conduct of the House; and
42          (ii) during any special session, House rules apply as provided in JR2-1-101.
43          (b) for a session described in this Subsection (2), the chief clerk shall announce to the
44     House that the previously adopted rules apply to the newly convened session.
45          [(2)] (3) Except as provided in [this Subsection (2) and in Subsection (3), after the
46     initial adoption of House rules] Subsection (4), additional rules may be adopted [or] and
47     existing rules may be suspended, amended, or repealed by a majority vote, except the
48     following, which require a two-thirds vote to adopt, suspend, amend, or repeal:
49          (a) rules governing limitation of debate;
50          (b) rules governing a motion to end debate (call the previous question);
51          (c) rules governing motions for lifting tabled legislation from committee;
52          (d) rules governing consideration of legislation during the last three days of a session;
53     and
54          (e) rules governing voting in Title 4, Chapter 7, Voting.
55          [(3)] (4) (a) A rule that includes a voting requirement of more than a constitutional
56     majority must be adopted and may only be amended, suspended, or repealed by a constitutional
57     two-thirds vote of all representatives.
58          (b) If the suspension of any House rule is governed by the Utah Constitution or Utah
59     statutes, the House may suspend that rule only as provided by that constitutional or statutory
60     provision.
61          (5) If a motion to adopt the rules under Subsection (1) meets or exceeds a majority vote
62     but fails to reach a constitutional two-thirds vote:
63          (a) rules adopted by the House of Representatives during the immediately preceding
64     general session, as amended during that general session and any intervening session, apply to
65     the conduct of the House; and
66          (b) the chief clerk shall announce to the House that the previously adopted rules apply
67     to the newly convened Legislature.
68          Section 2. HR2-3-101 is amended to read:
69          HR2-3-101. Conflicts of interest.
70          [(1) (a) Except as provided in Subsection (1)(b), a representative satisfies the
71     requirement of Utah Code Section 20A-11-1603 to disclose a conflict of interest by filing the
72     declaration of conflict of interest form required by JR6-1-201 with the chief clerk of the
73     House.]
74          [(b) (i) In addition to the declaration of conflict of interest form required by Utah Code
75     Section 20A-11-1603 and JR6-1-201, before or during any vote on legislation or any legislative
76     matter in which a representative has actual knowledge that the representative has a conflict of
77     interest that is not stated on the conflict of interest form, that representative shall orally declare
78     to the committee or body before which the matter is pending that the representative may have a
79     conflict of interest and what that conflict is.]
80          [(ii) The declaration of conflict of interest shall be noted in the minutes of any
81     committee meeting or in the Senate or House Journal.]
82          [(2) (a) Before speaking on the floor of the House on any legislation or legislative
83     matter in which a representative reasonably believes that the representative may have a conflict
84     of interest, the representative should orally disclose to the House that the representative may
85     have a conflict of interest and what that conflict is.]
86          [(b) The chief clerk shall ensure that the declaration of the conflict of interest is noted
87     in the House Journal.]
88          [(3) Nothing in this House rule requires a representative with a conflict of interest on
89     legislation or a legislative matter pending before the House to orally disclose that conflict of
90     interest if the representative does not speak on the legislation or legislative matter and the
91     conflict has been disclosed on the representative's conflict of interest form.]
92          A House member shall comply with the conflict of interest requirements provided in:
93          (1) Utah Code Title 20A, Chapter 11, Part 16, Conflict of Interest Disclosures; and
94          (2) JR6-1-201.
95          Section 3. HR3-1-102 is amended to read:
96          HR3-1-102. House Rules Committee -- Assignment duties.
97          (1) The presiding officer shall submit all legislation introduced in the House of
98     Representatives to the House Rules Committee.
99          (2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
100     Committee, the committee shall[: (a)] examine the legislation referred to it for proper form,
101     including fiscal note and [interim] committee note, if any[; and (b) either], and either:
102          [(i)] (a) refer the legislation to the House with a recommendation that the legislation
103     be:
104          [(A)] (i) [that the legislation be] referred to a standing committee for consideration; or
105          [(B)] (ii) [that the legislation be] read the second time and placed on the third reading
106     calendar if [the legislation has received a favorable recommendation from]:
107           [(I)] (A) the bill has received a favorable recommendation from a House standing
108     committee[, except for those bills];
109          (B) the bill is exempted from the House standing committee review requirements under
110     HR3-2-401; [or]
111           [(II)] (C) the bill has received a favorable recommendation from the House Rules
112     Committee meeting as a standing committee as permitted under HR3-1-101; or
113          (D) the legislation was approved by a unanimous vote of an interim committee and met
114     the posting requirements of JR7-1-602.5; or
115          [(ii)] (b) hold the legislation.
116          [(c)] (3) If the chair of the House Rules Committee receives a summary report from the
117     Occupational and Professional Licensure Review Committee related to newly regulating an
118     occupation or profession within the two calendar years immediately preceding the session in
119     which a piece of legislation is introduced related to the regulation by the Division of
120     Occupational and Professional Licensing of that occupation or profession:
121          [(i)] (a) the chair of the House Rules Committee shall ensure that the House Rules
122     Committee is informed of the summary report before the House Rules Committee takes action
123     on the legislation; and
124          [(ii)] (b) if the House Rules Committee refers the legislation to the House as provided
125     for in Subsection (2)[(b)(i)](a):
126          [(A)] (i) the Office of Legislative Research and General Counsel shall make the
127     summary report reasonably available to the public and to legislators; and
128          [(B)] (ii) if the legislation is referred to a standing committee, the House Rules
129     Committee shall forward the summary report to the standing committee.
130          [(3)] (4) In carrying out its functions and responsibilities under this rule, the House
131     Rules Committee may not:
132          (a) table legislation without the written consent of the sponsor;
133          (b) report out any legislation that has been tabled by a standing committee;
134          (c) amend legislation without the written consent of the sponsor; or
135          (d) substitute legislation without the written consent of the sponsor.
136          [(4)] (5) The House Rules Committee may recommend a time certain for floor
137     consideration of any legislation when it is reported out of the House Rules Committee, or at
138     any other time.
139          [(5)] (6) When the committee is carrying out its functions and responsibilities under
140     this rule, the committee shall:
141          (a) [during a legislative session] when the Legislature is in session, give notice of its
142     meetings [by either:] according to the requirements of HR3-1-106;
143          [(i) providing oral notice from the House floor of the time and place of its next
144     meeting; or]
145          [(ii) when oral notice is impractical, post written notice of its next meeting;]
146          (b) when the Legislature is not in session, post a notice of meeting at least 24 hours
147     before the meeting convenes;
148          (c) have as its agenda all legislation in its possession for assignment to committee or to
149     the House calendars; and
150          (d) prepare minutes that include a record, by individual representative, of votes taken.
151          [(6)] (7) [Anyone may attend a meeting of the rules committee] Rules committee
152     meetings are open to the public, but comments and discussion are limited to members of the
153     committee and the committee's staff.
154          Section 4. HR3-1-105 is amended to read:
155          HR3-1-105. Motion to require committee review.
156          [(1) The presiding officer shall have interim committee legislation that was approved
157     by a majority vote of the interim committee members, read for the first time and referred to the
158     House Rules Committee for calendaring.]
159          [(2) (a) The House Rules Committee may refer the legislation to the calendar without
160     standing committee review, or it may recommend that the legislation be referred to a standing
161     committee.]
162          [(b)] (1) If the House Rules Committee recommends that [the] legislation be placed on
163     the third reading calendar without standing committee review, the sponsor or any other
164     representative may move that the legislation be reviewed by a standing committee before the
165     legislation's consideration on the floor.
166          [(c)] (2) If this motion is approved by a majority of the representatives present, the
167     legislation shall be referred to a standing committee for consideration.
168          Section 5. HR5-4-101 is amended to read:
169          HR5-4-101. Approved activities.
170          (1) This rule governs the designation of an approved activity as authorized by Utah
171     Code Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act.
172          (2) Consistent with Utah Code Section 36-11-102, an "approved activity" means [a] an
173     event, a tour, or a meeting:
174          (a) to which a representative is invited; and
175          (b) at which the representative's attendance is approved by the speaker of the House.