7 LONG TITLE
8 General Description:
9 This rules resolution modifies House rules.
10 Highlighted Provisions:
11 This resolution:
12 ▸ defines terms;
13 ▸ clarifies the number of votes required to adopt, amend, or suspend House rules;
14 ▸ modifies a provision related to news media access to certain areas of the House;
15 ▸ requires the committee chair's permission before news media may enter the area
16 behind the dais in a committee room;
17 ▸ eliminates the House Rules Committee's ability to recommend that a nonbinding
18 resolution be placed on the consent calendar;
19 ▸ prohibits a standing committee from considering legislation if a legislative sponsor
20 is not present;
21 ▸ modifies who is permitted on the House floor;
22 ▸ modifies who may assist a representative sponsoring legislation while the legislation
23 is being debated by the House;
24 ▸ clarifies the process by which legislation is reassigned from a standing committee;
25 ▸ for legislation on the concurrence calendar, clarifies when a motion to reconsider
26 the final vote is in order;
27 ▸ provides the voting requirements for a motion to circle legislation and a motion to
28 uncircle legislation;
29 ▸ clarifies the number of votes required for a motion to pass; and
30 ▸ makes technical and conforming changes.
31 Special Clauses:
33 Legislative Rules Affected:
49 RENUMBERS AND AMENDS:
50 HR1-9-101, (Renumbered from HR2-4-105)
52 Be it resolved by the House of Representatives of the state of Utah:
53 Section 1. HR1-1-101 is amended to read:
54 HR1-1-101. Adoption, amendment, or suspension of House Rules.
55 (1) The House of Representatives shall adopt House rules, by a constitutional
56 two-thirds vote, at the beginning of each new Legislature convening in odd-numbered years.
57 (2) Except as provided in this rule:
58 (a) (i) during an annual general session held in an even-numbered year, rules adopted
59 by the House of Representatives during the immediately preceding general session, as amended
60 during that general session and any intervening session, apply to the conduct of the House; and
61 (ii) during any special session, House rules apply as provided in JR2-1-101.
62 (b) for a session described in this Subsection (2), the chief clerk shall announce to the
63 House that the previously adopted rules apply to the newly convened session.
64 (3) (a) Except as otherwise provided in [
65 rules may be adopted and existing rules may be suspended, amended, or repealed by a majority
67 (b) The following rules require a two-thirds vote to [
73 three days of a session; [
75 (vi) rules that include a two-thirds voting requirement.
79 (c) A rule that includes a constitutional majority voting requirement may only be
80 suspended by a constitutional majority vote.
81 (d) A rule that includes a constitutional two-thirds voting requirement may only be
82 suspended by a constitutional two-thirds vote.
84 Utah statutes, the House may suspend that rule only as provided by that constitutional or
85 statutory provision.
87 majority vote but fails to reach a constitutional two-thirds vote:
88 (a) rules adopted by the House of Representatives during the immediately preceding
89 general session, as amended during that general session and any intervening session, apply to
90 the conduct of the House; and
91 (b) the chief clerk shall announce to the House that the previously adopted rules apply
92 to the newly convened Legislature.
93 Section 2. HR1-9-101, which is renumbered from Section HR2-4-105 is renumbered
94 and amended to read:
97 House areas.
100 (1) (a) News media may access non-public areas of the House, including the chamber,
101 halls, and conference rooms, if the news media:
102 (i) have permission from the speaker or the speaker's designee; and
103 (ii) hold a Utah Capitol media credential.
104 (b) While the House is convened in the House [
105 remain in the area designated for the news media and may not enter the floor of the House, the
106 circle, lounge, or the speaker's dais.
107 (2) (a) With permission of the speaker or the speaker's designee, the news media may
108 conduct and record interviews in the House lounge, halls, available committee rooms, or in the
109 House chamber or gallery.
110 (b) When conducting an interview in the House chamber, the news media may enter
111 the chamber for the purpose of conducting a specific interview and shall exit the chamber
112 promptly after completing the interview.
113 (3) A representative may not hold a press conference in the House chamber without the
114 permission of the speaker of the House.
115 (4) News media shall also comply with the other provisions in HR2-4-102 and
117 (5) The sergeant-at-arms, under the direction of the speaker, shall enforce the
118 requirements of this rule.
119 Section 3. HR1-9-102 is enacted to read:
120 HR1-9-102. News media access -- House committees.
121 When present for a meeting of a House standing committee or any other special
122 committee of the House, news media may not enter the area behind the dais without the
123 permission of the committee chair.
124 Section 4. HR2-4-101 is amended to read:
125 HR2-4-101. Definitions.
126 As used in this chapter:
127 (1) "Department head" means the same as that term is defined in Utah Code Section
128 63A-17-807 or a department head's designee.
130 Legislature, but who served in the Utah House or Utah Senate at one time.
132 under a provision of this chapter, who is not an individual described in Subsection [
133 or a special guest as described under HR2-4-101.2(5).
134 (b) "Guest" includes:
135 (i) the governor, the lieutenant governor, the state attorney general, the state treasurer,
136 the state auditor, and governor's staff; and
137 (ii) a former legislator who is an individual described in Subsection [
138 (c) "Guest" does not mean a legislator, a member of House or Senate staff, a member of
139 professional legislative staff, a House intern, or a lobbyist.
141 House lounge, speaker's office, or the majority caucus room.
143 (a) the House chamber;
144 (b) the House lounge;
145 (c) the House offices; or
146 (d) any other nonpublic areas adjoining the House chamber.
148 (a) an official participant in the student intern program sponsored by the Utah
149 Legislature and administered by the Office of Legislative Research and General Counsel; and
150 (b) is assigned to a representative.
152 (a) Representatives' offices adjacent to the House chamber;
153 (b) Representatives' offices on the third and fourth floors of the capitol building;
154 (c) Representatives' offices in the House building; and
155 (d) kitchens, restrooms, elevators, and any auxiliary rooms in the nonpublic areas
156 connected with the offices listed above.
158 House or Senate.
160 House halls, and House conference rooms.
161 (b) "House space" does not mean the common public space outside the House
164 grandchild, great-grandparent, great-grandchild, sibling, aunt, uncle, niece, or nephew of a
165 member of the House, provided that the individual is not a lobbyist.
167 influencing the passage, defeat, amendment, or postponement of legislative action.
169 Utah Code Section 36-11-103.
171 Legislature's profession-based staff offices, namely the Office of Legislative Research and
172 General Counsel, the Office of the Legislative Fiscal Analyst, the Office of the Legislative
173 Auditor General, or the Office of Legislative Printing.
174 Section 5. HR2-4-101.2 is amended to read:
175 HR2-4-101.2. Admittance to House floor -- Prohibition against lobbying.
187 (1) Subject to the requirements of this rule, while the House is convened in annual
188 general session or special session, only the following individuals are permitted on the House
190 (a) a legislator;
191 (b) a member of House or Senate staff;
192 (c) a member of professional legislative staff;
193 (d) a House intern;
194 (e) a former legislator who is not:
195 (i) a lobbyist; or
196 (ii) the governor, lieutenant governor, state attorney general, state treasurer, or state
198 (f) a guest; and
199 (g) a department head.
200 (2) (a) While the House is convened in annual general session or special session, a
201 representative may invite one guest who is not a lobbyist to accompany the representative on
202 the House floor, provided that:
203 (i) the guest sits next to the representative;
204 (ii) the representative ensures that the guest does not impede staff work, distract from
205 the work of the House, or encroach on a neighboring representative's desk;
206 (iii) the guest complies with the requirements of this rule, HR2-4-102, and HR2-4-103;
208 (iv) no representative objects.
209 (b) A representative may have no more than one guest on the House floor at any one
213 (c) An individual described in Subsections (1)(e) through (g) is prohibited from
214 lobbying on the House floor.
216 (3) While the House is convened in annual general session or special session, a
217 lobbyist is not permitted on the House floor.
234 present in the House chamber or on the House floor.
235 (5) (a) A representative sponsoring a piece of legislation being debated by the House
236 may, with the permission of the speaker, invite one department head with expertise on the
237 legislation to assist the sponsor during the course of debate.
238 (b) A representative who invites a department head to assist the representative under
239 Subsection (5)(a) shall ensure that the department head:
240 (i) does not engage in lobbying while on the House floor; and
241 (ii) promptly exits the House floor when the House moves to another item of business.
242 Section 6. HR3-1-102 is amended to read:
243 HR3-1-102. House Rules Committee -- Assignment duties.
244 (1) The presiding officer shall submit all legislation introduced in the House of
245 Representatives to the House Rules Committee.
246 (2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
247 Committee, the committee shall examine the legislation referred to it for proper form,
248 including fiscal note and committee note, if any, and either:
249 (a) refer the legislation to the House with a recommendation that the legislation be:
250 (i) referred to a standing committee for consideration; or
251 (ii) read the second time and placed on the third reading calendar if the legislation:
252 (A) [
254 (B) [
255 under HR3-2-401;
256 (C) [
257 Committee meeting as a standing committee as permitted under HR3-1-101; or
261 at an interim committee meeting and met the posting requirements of JR7-1-602.5; or
262 (b) hold the legislation.
263 (3) If the chair of the House Rules Committee receives a summary report from the
264 Occupational and Professional Licensure Review Committee related to newly regulating an
265 occupation or profession within the two calendar years immediately preceding the session in
266 which a piece of legislation is introduced related to the regulation by the Division of
267 Occupational and Professional Licensing of that occupation or profession:
268 (a) the chair of the House Rules Committee shall ensure that the House Rules
269 Committee is informed of the summary report before the House Rules Committee takes action
270 on the legislation; and
271 (b) if the House Rules Committee refers the legislation to the House as provided for in
272 Subsection (2)(a):
273 (i) the Office of Legislative Research and General Counsel shall make the summary
274 report reasonably available to the public and to legislators; and
275 (ii) if the legislation is referred to a standing committee, the House Rules Committee
276 shall forward the summary report to the standing committee.
277 (4) In carrying out [
278 under this rule, the [
279 (a) table legislation without the written consent of the sponsor;
280 (b) report out any legislation that has been tabled by a standing committee;
281 (c) amend legislation without the written consent of the sponsor; or
282 (d) substitute legislation without the written consent of the sponsor.
283 (5) The House Rules Committee may recommend a time certain for floor consideration
284 of any legislation when it is reported out of the House Rules Committee, or at any other time.
285 (6) When the [
286 functions and responsibilities under this rule, the committee shall:
287 (a) when the Legislature is in session, give notice of [
288 according to the requirements of HR3-1-106;
289 (b) when the Legislature is not in session, post a notice of meeting at least 24 hours
290 before the meeting convenes;
291 (c) have as [
292 possession for assignment to committee or to the House calendars; and
293 (d) prepare minutes that include a record, by individual representative, of votes taken.
294 (7) House Rules Committee meetings are open to the public, but comments and
295 discussion are limited to members of the committee and the committee's staff.
296 Section 7. HR3-2-101 is amended to read:
297 HR3-2-101. Definitions.
298 As used in this chapter:
299 (1) "Chair" means:
300 (a) the chair of a standing committee; or
301 (b) a standing committee member who is authorized to act as chair under HR3-2-202.
302 (2) "Committee" means a standing committee created under HR3-2-201.
303 (3) "Dispose of legislation" refers to a committee action that transfers ownership of
304 legislation to the House Rules Committee, to another standing committee, or to the House
306 (4) "Favorable recommendation" refers to a committee action that transfers ownership
307 of legislation to the House second reading calendar.
308 (5) "Legislation" means a Senate bill, House bill, Senate resolution, House resolution,
309 joint resolution, or concurrent resolution.
310 (6) "Legislative sponsor" means:
311 (a) the chief sponsor; or
312 (b) the legislator designated by the chief sponsor to be the opposite chamber floor
316 when no other motion is pending.
318 and ending when the motion is withdrawn or when the chair calls for a vote on the motion.
320 adjourn, recess, end debate, extend debate, or limit debate.
321 (b) Privileged motions are not substitute motions.
323 original motion is pending.
325 discussion on a subject or piece of legislation that is listed on a committee agenda and ending
326 when the committee disposes of the legislation, moves on to another item on the agenda, or
328 Section 8. HR3-2-305 is amended to read:
329 HR3-2-305. Four phases when considering legislation.
330 (1) Legislation under consideration by a standing committee is subject to four distinct
331 phases during a committee meeting:
336 (2) A standing committee may not consider legislation unless the legislative sponsor is
338 Section 9. HR3-2-306 is amended to read:
339 HR3-2-306. Sponsor presentation.
340 (1) Except as provided in Subsection (2), during the presentation phase, a committee
341 member may not amend legislation, substitute legislation, or dispose of legislation. All other
342 motions are in order during the presentation phase.
343 (2) During the presentation phase of a committee meeting, the chair may accept a
344 simple motion to amend legislation if the chair permits:
345 (a) committee questions and debate;
346 (b) public comment as provided in HR3-2-308;
347 (c) the sponsor of the legislation affected by the amendment to respond to the motion
348 to amend; and
349 (d) the committee member who made the motion to amend to have the final word on
350 the motion as required under HR3-2-313.
351 (3) During the presentation phase of a standing committee meeting, the chair shall:
352 (a) permit the [
354 legislation; and
355 (b) except as provided in Subsection (4), and at the election of [
356 sponsor, permit persons who have expertise on the legislation to assist with the presentation as
357 provided in HR3-2-304.
358 (4) The chair may not permit[
360 aide to present legislation.
361 Section 10. HR4-1-101 is amended to read:
362 HR4-1-101. Definitions.
363 As used in this title:
364 (1) "Appropriations bill" means a bill that appropriates money and makes no change to
366 (2) "Constitutional majority vote" means [
368 (3) "Constitutional two-thirds vote" means [
370 (4) "Majority vote" means [
372 majority of the members present.
373 (5) "Two-thirds vote" means [
375 two-thirds of the members present.
376 (6) "Point of order" means a question raised by a representative about whether or not
377 there has been a breach of order, a breach of rules, or a breach of established parliamentary
379 (7) "Presiding officer" means the person presiding over the Utah House of
380 Representatives and includes:
381 (a) the speaker;
382 (b) the speaker pro tempore; and
383 (c) any representative presiding under HR1-3-103.
384 (8) "Quorum" means that at least 38 members of the House of Representatives are
386 Section 11. HR4-3-102 is amended to read:
387 HR4-3-102. Reassigning legislation assigned to a standing committee.
388 (1) Legislation that has been assigned to a standing committee may be [
389 reassigned to the Rules committee or a different standing committee by:
393 legislation was assigned recommends in [
394 legislation be [
395 (2) Before the presiding officer reassigns legislation under Subsection (1)(a), the
396 presiding officer shall announce on the floor the committee to which the presiding officer
397 intends to reassign the legislation.
398 Section 12. HR4-4-401 is amended to read:
399 HR4-4-401. Concurrence calendar.
400 (1) After the chief clerk or the chief clerk's designee reads the transmittal letter from
401 the Senate informing the House that the Senate has amended a piece of House legislation, the
402 presiding officer shall place the legislation on the concurrence calendar.
403 (2) (a) During the first 43 days of the annual general session, the legislation shall
404 remain on the concurrence calendar for at least one legislative day before the House may
405 consider the question of concurrence.
406 (b) During the last two days of the annual general session, and during any special
407 session, the House may consider legislation for concurrence after the House has been given a
408 reasonable time to review the Senate amendments.
409 (3) (a) When presenting legislation to the House for concurrence, the presiding officer
410 shall ask the sponsor of the legislation for a motion.
411 (b) The sponsor of the legislation may move to either:
412 (i) concur with the Senate amendments; or
413 (ii) refuse to concur with the Senate amendments and ask the Senate to recede from
415 (4) (a) If a motion to concur with the Senate amendments passes by majority vote, the
416 presiding officer shall open the vote on final passage of the legislation.
417 (b) (i) If a motion to concur with the Senate amendments passes by a majority vote but
418 the legislation fails to pass the final vote:
420 vote on the legislation is in order; and
422 legislation shall be placed on the concurrence calendar and a motion to reconsider the vote to
423 concur with the Senate amendments is in order.
424 (ii) As provided in HR4-9-103(4)(c), the House may not reconsider legislation under
425 this Subsection (4) if the House previously voted to reconsider a final vote on the legislation.
426 (c) If a motion to concur with the Senate amendments fails, a motion to refuse to
427 concur with the Senate amendments and ask the Senate to recede from its amendments is in
429 (5) If a motion to refuse to concur with the Senate amendments and ask the Senate to
430 recede from its amendments passes by a majority vote:
431 (a) the chief clerk shall return the legislation to the Senate for its further action; and
432 (b) if the Senate refuses to recede, the Senate and House shall follow the procedures
433 and requirements of [
435 Section 13. HR4-6-202 is amended to read:
436 HR4-6-202. Motion to circle.
437 (1) A motion to circle legislation holds the legislation in place on the calendar.
438 (2) (a) A motion to circle preserves all amendments to the legislation already adopted
439 by the House.
440 (b) A motion to circle extinguishes all amendments pending at the time that the motion
441 is made.
442 (3) Legislation that has been circled may only be uncircled by [
443 (a) the chief House sponsor of the legislation; or
444 (b) the representative designated by the chief Senate sponsor to be the House floor
445 sponsor of the legislation.
446 (4) When a motion to uncircle is made:
447 (a) amendments already adopted by the House are part of the legislation; and
448 (b) any pending motions to amend at the time the legislation was circled are
449 extinguished and a new motion to amend must be made in order to revive them.
450 (5) A motion to circle and a motion to uncircle require a majority vote to pass.
451 Section 14. HR4-7-102 is amended to read:
452 HR4-7-102. Number of votes required for passage.
455 to pass;
457 earlier than 60 days after adjournment of the session in which it passes, amendments to court
458 rules, and certain motions specified in these rules require a constitutional two-thirds vote -- 50
459 votes -- to pass; and
463 (3) a motion requires a majority vote to pass.