Representative James A. Dunnigan proposes the following substitute bill:


1     
HOUSE RULES RESOLUTION ON HOUSE PROCEDURE

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     

6     LONG TITLE
7     General Description:
8          This rules resolution modifies House Rules.
9     Highlighted Provisions:
10          This resolution:
11          ▸     modifies the requirements and procedures for issuing citations on behalf of a
12     legislator, the House of Representatives, and the Utah Legislature;
13          ▸     changes procedures related to the consent calendar;
14          ▸     modifies House standing committee procedures for recommending that legislation
15     be placed on the consent calender;
16          ▸     requires that nonbinding resolutions be placed on the consent calendar; and
17          ▸     limits sponsor presentation time on nonbinding resolutions.
18     Special Clauses:
19          None
20     Legislative Rules Affected:
21     AMENDS:
22          HR1-7-101
23          HR1-7-102
24          HR1-7-103
25          HR1-7-104
26          HR3-1-102
27          HR3-1-105
28          HR3-2-405
29          HR4-4-301
30          HR4-6-105
31     

32     Be it resolved by the House of Representatives of the state of Utah:
33          Section 1. HR1-7-101 is amended to read:
34     
CHAPTER 7. CITATIONS

35          HR1-7-101. Citations -- Definitions -- Use of citations.
36          (1) As used in this chapter:
37          (a) [(i)] "Citation" means a certificate [issued to honor or commend an individual who
38     is a resident of Utah, or a group of individuals who are residents of Utah, or to express] for the
39     purposes of:
40          (i) honoring or commending an individual who is a resident of Utah, or a group of
41     individuals who are residents of Utah or have a substantial presence in or connection to Utah;
42          (ii) commemorating an event or the anniversary of an event that has significant
43     relevance to Utah; or
44          (iii) expressing condolences to the family of a deceased individual who was a resident
45     of Utah.
46          [(ii) A citation to honor or commend the same Utah resident should not be issued more
47     than once every 10 years.]
48          [(iii) "Citation" includes a legislator citation, a House of Representatives citation, and a
49     Utah Legislature citation.]
50          (b) "House of Representatives citation" means a citation issued on behalf of the Utah
51     House of Representatives under HR1-7-103, that is signed by the representative sponsoring the
52     citation and the speaker of the House of Representatives.
53          (c) "Legislator citation" means a citation issued on behalf of an individual
54     representative under HR1-7-102.
55          (d) "Utah Legislature citation" means a citation issued on behalf of both houses of the
56     Utah Legislature under HR1-7-104, that is signed by the representative sponsoring the citation,
57     the speaker of the House of Representatives, and the president of the Senate.
58          (2) [Representatives shall use a citation to express the commendation or condolence of
59     a representative, the Utah House of Representatives, or the Utah Legislature.] A citation
60     honoring or commending the same individual or group of individuals, or recognizing the same
61     event or anniversary, should not be issued more than once every 10 years.
62          (3) A representative may request only one House of Representatives citation or Utah
63     Legislature citation during a calendar year.
64          Section 2. HR1-7-102 is amended to read:
65          HR1-7-102. Obtaining a legislator citation.
66          (1) With the approval of the presiding officer, a representative may request that the
67     chief clerk of the House prepare a citation for the representative's own signature.
68          (2) A Legislator citation does not require any floor action by the House of
69     Representatives.
70          (3) When the Legislature is not in session, a representative may request a citation for
71     the representative's and the speaker of the House of Representative's signature, which the
72     speaker may elect to sign at the speaker's discretion.
73          Section 3. HR1-7-103 is amended to read:
74          HR1-7-103. Obtaining a House of Representatives citation.
75          (1) During [any] a legislative session, a representative may issue a House of
76     Representatives citation by:
77          (a) [request] requesting, in writing, that the chief clerk of the House prepare a citation
78     for the representative's signature; and
79          [(b) after requesting and receiving permission for personal privilege, make a motion on
80     the floor of the House to:]
81          [(i) approve the citation; and]
82          [(ii)] (b) after receiving a copy of the citation prepared by the chief clerk of the House
83     of Representatives, obtaining the approval of the House of Representatives, on the floor of the
84     House of Representatives, by:
85          (i) requesting and receiving permission for a personal privilege; and
86          (ii) making a motion that the House of Representatives approve the citation and
87     authorize the speaker of the House of Representatives to sign the citation on behalf of the
88     House of Representatives, which must be approved by a majority vote.
89          [(2) When the Legislature is not in session, a representative may request a citation for
90     the sponsor's and the speaker's signature.]
91          (2) Sponsor presentation for a House of Representatives citation is limited to a
92     maximum of three minutes.
93          Section 4. HR1-7-104 is amended to read:
94          HR1-7-104. Obtaining a Utah Legislature citation.
95          (1) During [any] a legislative session, a representative may issue a Utah Legislature
96     citation by:
97          (a) [request] requesting, in writing, that the chief clerk of the House prepare a citation
98     for the representative's signature; and
99          (b) [after requesting and receiving permission for personal privilege, make] after
100     receiving a copy of the citation prepared by the chief clerk of the House, obtaining the approval
101     of the House of Representatives by, on the floor of the House:
102          (i) requesting and receiving permission for a personal privilege; and
103          (ii) making a motion [of the floor of the House to: (i) approve the citation; (ii)] that the
104     House of Representatives approve the citation and authorize the speaker of the House to sign
105     the citation on behalf of the [House of Representatives] Utah Legislature after the citation is
106     approved by the Senate; and
107          [(iii)] (c) present the proposed citation to the Senate for [its approval] the Senate's
108     approval of the citation and authorization for the president of the Senate to sign the citation on
109     behalf of the Utah Legislature.
110          [(2) When the Legislature is not in session, a representative may request a citation for
111     the sponsor's and the speaker's and the president's signature.]
112          (2) Sponsor presentation for a Utah Legislature citation is limited to a maximum of
113     three minutes.
114          Section 5. HR3-1-102 is amended to read:
115          HR3-1-102. House Rules Committee -- Assignment duties.
116          (1) The presiding officer shall submit all legislation introduced in the House of
117     Representatives to the House Rules Committee.
118          (2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
119     Committee, the committee shall:
120          (a) examine the legislation for proper form, including fiscal note and interim
121     committee note, if any; and
122          (b) either:
123          (i) refer legislation to the House with a recommendation that the legislation be:
124          (A) [that the legislation be] referred to a standing committee for consideration; [or]
125          (B) [that the legislation be] read the second time and placed on the third reading
126     calendar if the legislation has received a favorable recommendation from:
127          (I) a House standing committee, except for those bills exempted from standing
128     committee review requirements under HR3-2-401; or
129          (II) the House Rules Committee meeting as a standing committee as permitted under
130     HR3-1-101; or
131          (C) if the legislation is a nonbinding resolution as defined in HR3-2-405, read the
132     second time and placed on the consent calendar; or
133          (ii) hold the legislation.
134          (c) If the chair of the House Rules Committee receives a summary report from the
135     Occupational and Professional Licensure Review Committee related to newly regulating an
136     occupation or profession within the two calendar years immediately preceding the session in
137     which a piece of legislation is introduced related to the regulation by the Division of
138     Occupational and Professional Licensing of that occupation or profession:
139          (i) the chair of the House Rules Committee shall ensure that the House Rules
140     Committee is informed of the summary report before the House Rules Committee takes action
141     on the legislation; and
142          (ii) if the House Rules Committee refers the legislation to the House as provided for in
143     Subsection (2)(b)(i):
144          (A) the Office of Legislative Research and General Counsel shall make the summary
145     report reasonably available to the public and to legislators; and
146          (B) if the legislation is referred to a standing committee, the House Rules Committee
147     shall forward the summary report to the standing committee.
148          (3) In carrying out its functions and responsibilities under this rule, the House Rules
149     Committee may not:
150          (a) table legislation without the written consent of the sponsor;
151          (b) report out any legislation that has been tabled by a standing committee;
152          (c) amend legislation without the written consent of the sponsor; or
153          (d) substitute legislation without the written consent of the sponsor.
154          (4) The House Rules Committee may recommend a time certain for floor consideration
155     of any legislation when it is reported out of the House Rules Committee, or at any other time.
156          (5) When the committee is carrying out its functions and responsibilities under this
157     rule, the committee shall:
158          (a) during a legislative session, give notice of its meetings by either:
159          (i) providing oral notice from the House floor of the time and place of its next meeting;
160     or
161          (ii) when oral notice is impractical, post written notice of its next meeting;
162          (b) when the Legislature is not in session, post a notice of meeting at least 24 hours
163     before the meeting convenes;
164          (c) have as its agenda all legislation in its possession for assignment to committee or to
165     the House calendars; and
166          (d) prepare minutes that include a record, by individual representative, of votes taken.
167          (6) Anyone may attend a meeting of the rules committee, but comments and discussion
168     are limited to members of the committee and the committee's staff.
169          Section 6. HR3-1-105 is amended to read:
170          HR3-1-105. Calendaring interim committee legislation.
171          (1) The presiding officer shall have interim committee legislation that was approved by
172     a majority vote of the interim committee members, read for the first time and referred to the
173     House Rules Committee for calendaring according to the procedures of HR3-1-102.
174          (2) (a) The House Rules Committee may refer [the] interim committee legislation to
175     the calendar without standing committee review, or it may recommend that the legislation be
176     referred to a standing committee.
177          (b) If the House Rules Committee recommends that [the] interim committee legislation
178     be placed on the third reading calendar without standing committee review, the sponsor or any
179     other representative may move that the legislation be reviewed by a standing committee before
180     the legislation's consideration on the floor.
181          (c) If this motion is approved by a majority of the representatives present, the
182     legislation shall be referred to a standing committee for consideration.
183          Section 7. HR3-2-405 is amended to read:
184          HR3-2-405. Consent calendar -- Nonbinding resolutions -- Committee
185     recommendations -- Licensure review reports.
186          (1) As used in this section, "nonbinding resolution":
187          (a) means a resolution that:
188          (i) is primarily for the purpose of recognizing, honoring, or memorializing an
189     individual, group, or event;
190          (ii) requests, rather than compels, action or awareness by an individual or group; or
191          (iii) is informational or promotional in nature; and
192          (b) does not mean:
193          (i) a rules resolution;
194          (ii) a resolution for a constitutional amendment; or
195          (c) any resolution that approves or authorizes any action, requires any substantive
196     action to be taken, or results in a change in law, policy, or funding.
197          (2) (a) A nonbinding resolution shall be placed on the consent calendar.
198          (b) A nonbinding resolution may be moved to the time certain calendar or other
199     calendar by a majority vote of those present.
200          (3) A standing committee may recommend that legislation in its possession be placed
201     on the consent calendar if:
202          (a) the committee approves a motion, by a unanimous vote of those present, [that] to
203     give the legislation [be read a second time and placed on the third reading calendar] a favorable
204     recommendation;
205          (b) immediately subsequent to that action, [the chief sponsor requests that the
206     legislation be placed on the consent calendar; (c) in a separate motion and vote, the committee
207     unanimously approves the sponsor's request to place the legislation on the consent calendar
208     instead of the second or third reading calendar] the committee approves a separate motion, by a
209     unanimous vote of those present, to recommend that the legislation be placed on the consent
210     calendar; and
211          [(d)] (c) the legislation [does not have a fiscal note of] has a fiscal note that is less than
212     $10,000 [or more].
213          [(2)] (4) If, in accordance with HR3-1-102, the House Rules Committee forwards a
214     summary report from the Occupational and Professional Licensure Review Committee in
215     conjunction with legislation referred to a standing committee, the chair shall ensure that the
216     summary report is read orally to the committee before action is taken by the committee on the
217     legislation that is related to the summary report.
218          Section 8. HR4-4-301 is amended to read:
219          HR4-4-301. Consent calendar.
220          (1) [If] The chief clerk or the chief clerk's designee shall place legislation on the
221     consent calendar if:
222          (a) a standing committee report recommends that [a piece of] the legislation be placed
223     on the consent calendar and the standing committee report is adopted by the House[, the chief
224     clerk or the chief clerk's designee shall place the legislation on the consent calendar.]; or
225          (b) the legislation is a nonbinding resolution as provided in HR3-2-405.
226          (2) If the chief clerk receives written objections to a piece of legislation from six or
227     more representatives, the chief clerk shall:
228          (a) remove the legislation from the consent calendar;
229          (b) inform the sponsor that the legislation has been removed from the consent calendar;
230     and
231          (c) place the legislation at the bottom of the third reading calendar.
232          (3) When legislation is removed from the consent calendar, the presiding officer shall
233     inform the House of its removal.
234          (4) (a) If, after two calendar days, no more than five members have registered written
235     objections to the legislation with the chief clerk:
236          (i) the legislation shall be read the third time;
237          (ii) the presiding officer shall grant the sponsor of the legislation two minutes to
238     introduce and explain the legislation; and
239          (iii) the presiding officer shall pose the question and take the final vote on the
240     legislation.
241          (b) The presiding officer may not allow debate on legislation on the consent calendar.
242          (5) (a) If the representative sponsoring the legislation on the consent calendar is absent
243     from the floor when the legislation is ready to be read for the third time and considered for
244     passage, a representative may make a motion to circle the legislation.
245          (b) If the motion to circle is successful and the representative sponsoring the legislation
246     has not moved to uncircle the legislation before floor time is recessed or adjourned, the bill
247     shall be placed on the bottom of the third reading calendar.
248          Section 9. HR4-6-105 is amended to read:
249          HR4-6-105. Representatives not to speak more than twice -- Maximum speaking
250     time -- Maximum time for debate on a piece of legislation.
251          (1) (a) Without permission from the House, a representative may not speak more than
252     twice on the same piece of legislation, substitute legislation, or amendment in any one debate
253     on the same day and on the same reading of the legislation.
254          (b) (i) Except as provided in Subsection (1)(b)(ii), the presiding officer may not grant a
255     representative who has spoken once permission to speak again on the same piece of legislation
256     or substitute if any representative who has not spoken wishes to speak.
257          (ii) The presiding officer may grant a representative who has spoken once permission
258     to respond to a question if the representative consents to a request that the representative yield
259     to a question under HR4-6-104.
260          (2) Sponsor presentation for a nonbinding resolution, as defined in HR3-2-405, is
261     limited to a maximum of three minutes, or a shorter time as provided by rule.
262          [(2)] (3) A representative may not speak longer than 10 minutes at any time, unless
263     another representative yields that representative's time to the representative who has the floor.
264          [(3)] (4) Unless extended by a majority vote, the presiding officer may not allow the
265     House to debate a piece of legislation for more than:
266          (a) eight hours, during the first 38 calendar days of an annual general session[, the
267     presiding officer may not allow the House to debate a piece of legislation for more than eight
268     hours]; and
269          (b) two hours during the last seven calendar days of an annual general session[, the
270     presiding officer may not allow the House to debate a piece of legislation for more than two
271     hours].