Representative James A. Dunnigan proposes the following substitute bill:


1     
HOUSE RULES RESOLUTION - AMENDMENTS TO HOUSE

2     
RULES

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This resolution modifies legislative rules governing the House of Representatives.
10     Highlighted Provisions:
11          This resolution:
12          ▸     modifies references to members of House staff;
13          ▸     prohibits a standing committee from reviewing legislation without an approved
14     fiscal note;
15          ▸     amends the circumstances under which a standing committee may recommend
16     legislation be placed on the consent calendar;
17          ▸     allows a standing committee member to make a motion to recess without a quorum
18     present;
19          ▸     prohibits a representative from reading a written speech or using a display, exhibit,
20     demonstration, or prop during debate on the House floor; and
21          ▸     makes corrections to House rules, including eliminating obsolete language and
22     clarifying existing requirements.
23     Special Clauses:
24          This resolution provides a coordination clause.
25     Legislative Rules Affected:
26     AMENDS:
27          HR1-4-201
28          HR1-4-202
29          HR1-5-201
30          HR1-5-202
31          HR1-5-301
32          HR3-1-101
33          HR3-1-102
34          HR3-1-103
35          HR3-2-306
36          HR3-2-310
37          HR3-2-318
38          HR3-2-319
39          HR3-2-401
40          HR3-2-402
41          HR3-2-405
42          HR3-2-406
43          HR3-2-408
44          HR3-2-510
45          HR4-2-201
46          HR4-4-101
47          HR4-4-201
48          HR4-4-202
49          HR4-4-301
50          HR4-4-501
51          HR4-6-105.5
52          HR4-7-102
53          HR4-7-104
54          HR4-8-104
55          HR4-9-101
56          HR4-9-103
57     ENACTS:
58          HR1-4-301
59          HR1-4-302
60     REPEALS AND REENACTS:
61          HR1-4-101
62          HR1-4-102
63     Legislative Rules Affected by Coordination Clause:
64          HR3-3-101
65     

66     Be it resolved by the House of Representatives of the state of Utah:
67          Section 1. HR1-4-101 is repealed and reenacted to read:
68     
Part 1. House Chief of Staff

69          HR1-4-101. Appointment of the House chief of staff.
70          The speaker or speaker-elect of the House shall appoint an individual to serve as chief
71     of staff of the House.
72          Section 2. HR1-4-102 is repealed and reenacted to read:
73          HR1-4-102. Duties of the House chief of staff.
74          The chief of staff shall perform duties as assigned by the speaker or speaker-elect.
75          Section 3. HR1-4-201 is amended to read:
76          HR1-4-201. Appointment of sergeant-at-arms.
77          [The speaker or speaker-elect of the House] The chief of staff or the chief of staff's
78     designee shall appoint a person to serve as sergeant-at-arms of the Utah House of
79     Representatives.
80          Section 4. HR1-4-202 is amended to read:
81          HR1-4-202. Duties of the sergeant-at-arms.
82          [The] Subject to the chief of staff's or the chief of staff's designee's direction, the
83     sergeant-at-arms and the employees under the sergeant's direction shall:
84          (1) maintain security in areas controlled by the House;
85          (2) enforce the House Rules [at the direction of the presiding officer of the House];
86          (3) enforce the [provision] provisions of Utah Code Title 26, Chapter 38, Utah Indoor
87     Clean Air Act, in areas controlled by the House;
88          (4) when the House is convened in annual general session or special session, receive
89     and, in coordination with [the chief clerk] House staff, transmit written messages to
90     representatives on the House floor from or on behalf of individuals who are present at the
91     capitol; and
92          (5) provide other service as requested by the [chief clerk] chief of staff or the speaker.
93          Section 5. HR1-4-301 is enacted to read:
94     
Part 3. Chief Clerk of the House

95          HR1-4-301. Appointment of the chief clerk.
96          (1) The speaker or speaker-elect of the House shall appoint an individual to serve as
97     chief clerk of the House.
98          (2) The chief clerk reports to the chief of staff.
99          Section 6. HR1-4-302 is enacted to read:
100          HR1-4-302. Duties of the chief clerk.
101     The chief clerk shall perform the following duties:
102          (1) certify and transmit legislation to the Senate and inform the Senate of all House
103     action;
104          (2) assist in the preparation of the House Journal and certify it as an accurate reflection
105     of House action;
106          (3) make the following technical corrections to legislation either before or following
107     final passage:
108          (a) correct the spelling of words;
109          (b) correct the erroneous division and hyphenation of words;
110          (c) correct mistakes in numbering sections and their references;
111          (d) capitalize words or change capitalized words to lower case;
112          (e) change numbers from words to figures or from figures to words; or
113          (f) underscore or remove underscoring in legislation without a motion to amend;
114          (4) modify the long title of a piece of legislation to ensure that the long title accurately
115     reflects any changes to the legislation made by amendment or substitute;
116          (5) act as custodian of all official documents related to legislation;
117          (6) receive all numbered legislation from the Office of Legislative Research and
118     General Counsel;
119          (7) record the number, title, sponsor, each action, and final disposition of each piece of
120     legislation on the legislation;
121          (8) prepare and distribute the daily order of business each day;
122          (9) advise the speaker on parliamentary procedure, Joint Rules, and House Rules;
123          (10) assist with amendments to legislation;
124          (11) record votes and, if requested, present the results to the speaker;
125          (12) record the votes of any member who is present in the House chamber who
126     requests assistance of the chief clerk;
127          (13) transmit all enrolled House bills and House concurrent resolutions to the
128     governor;
129          (14) approve material for placement on the representatives' desks if a representative has
130     authorized that distribution;
131          (15) maintain all calendars for the House floor; and
132          (16) other duties as assigned by the chief of staff.
133          Section 7. HR1-5-201 is amended to read:
134          HR1-5-201. Scheduling guest speakers.
135          (1) As used in this rule:
136          (a) "Guest speaker" means a person who is scheduled to address the House of
137     Representatives who is not a representative.
138          (b) "Guest speaker" does not include:
139          (i) a person who is called to address the House on a particular piece of legislation or
140     issue under consideration by the House; or
141          (ii) a representative's introduction or acknowledgment of a visitor or special guest who
142     does not address the House.
143          (2) Before a guest speaker may address the House, the [chief clerk, under the direction
144     of the speaker,] speaker must schedule the guest speaker for a time certain on the House daily
145     order of business.
146          Section 8. HR1-5-202 is amended to read:
147          HR1-5-202. Executive session.
148          (1) The House of Representatives shall comply with the requirements of Utah Code
149     Title 52, Chapter 4, Open and Public Meetings Act, when holding an executive session.
150          (2) When the House of Representatives approves a motion to go into executive session,
151     the sergeant-at-arms shall close the House chamber doors.
152          (3) The presiding officer may require that all persons, except the representatives[, chief
153     clerk, journal clerk, and sergeant-at-arms] and specified staff leave the chamber, halls, gallery,
154     and lounge.
155          (4) During the executive session, everyone present must remain within the chamber.
156          (5) Everyone present shall keep all matters discussed in executive session confidential.
157          (6) During the executive session, those within the chamber may not communicate with
158     anyone outside the chamber by verbal, written, electronic, or any other means.
159          Section 9. HR1-5-301 is amended to read:
160          HR1-5-301. Special order of business -- Time certain.
161          (1) (a) Except as provided in Subsection (2), a representative may make a motion, or
162     the House Rules committee may recommend, that a piece of legislation become a special order
163     of business on the time certain calendar.
164          (b) If the motion is approved by a majority of the members present, the [chief clerk]
165     presiding officer shall place the legislation on the time certain calendar.
166          (2) A motion to place a piece of legislation as a special order of business on the time
167     certain calendar may not be made if the legislation has not yet been placed on the third reading
168     calendar or the consent calendar.
169          (3) At the time set for consideration of the legislation, the presiding officer shall place
170     the legislation before the House.
171          Section 10. HR3-1-101 is amended to read:
172          HR3-1-101. House Rules Committee -- Appointment -- General responsibilities.
173          (1) The speaker shall appoint members of the House of Representatives to serve on the
174     House Rules Committee.
175          (2) The House Rules Committee shall perform the following functions as further
176     elaborated in this part:
177          (a) receive introduced legislation from the House and recommend that the legislation
178     be assigned to a House standing committee or to the House third reading calendar;
179          (b) receive legislation from the House that has been sent back to the House Rules
180     Committee from the third reading calendar, and recommend to the House which legislation
181     should be assigned to the third reading calendar and the order in which it should be heard; and
182          (c) function as a standing committee or interim committee when reviewing Joint Rules,
183     [Interim Rules,] House Rules, or other legislation.
184          Section 11. HR3-1-102 is amended to read:
185          HR3-1-102. House Rules Committee -- Assignment duties.
186          (1) The presiding officer shall submit all legislation introduced in the House of
187     Representatives to the House Rules Committee.
188          (2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
189     Committee, the committee shall examine the legislation [referred to it] for proper form,
190     including fiscal note and committee note, if any, and either:
191          (a) refer the legislation to the House with a recommendation that the legislation be:
192          (i) referred to a standing committee for consideration; or
193          (ii) read the second time and placed on the third reading calendar if the legislation:
194          (A) has received a favorable recommendation from a House standing committee;
195          (B) is exempted from the House standing committee review requirements under
196     HR3-2-401; or
197          (C) has received a favorable recommendation from the House Rules Committee
198     meeting as a standing committee as permitted under HR3-1-101; or
199          [(D) was approved by a unanimous vote of the members present at an interim
200     committee meeting and met the posting requirements of JR7-1-602.5; or]
201          (b) hold the legislation.
202          [(3) If the chair of the House Rules Committee receives a summary report from the
203     Occupational and Professional Licensure Review Committee related to newly regulating an
204     occupation or profession within the two calendar years immediately preceding the session in
205     which a piece of legislation is introduced related to the regulation by the Division of
206     Occupational and Professional Licensing of that occupation or profession:]
207          [(a) the chair of the House Rules Committee shall ensure that the House Rules
208     Committee is informed of the summary report before the House Rules Committee takes action
209     on the legislation; and]
210          [(b) if the House Rules Committee refers the legislation to the House as provided for in
211     Subsection (2)(a):]
212          [(i) the Office of Legislative Research and General Counsel shall make the summary
213     report reasonably available to the public and to legislators; and]
214          [(ii) if the legislation is referred to a standing committee, the House Rules Committee
215     shall forward the summary report to the standing committee.]
216          [(4)] (3) In carrying out the House Rules Committee's functions and responsibilities
217     under this rule, the committee may not:
218          (a) table legislation without the written consent of the sponsor;
219          (b) report out any legislation that has been tabled by a standing committee;
220          (c) amend legislation without the written consent of the sponsor; or
221          (d) substitute legislation without the written consent of the sponsor.
222          [(5)] (4) The House Rules Committee may recommend a time certain for floor
223     consideration of any legislation when [it] the legislation is reported out of the House Rules
224     Committee, or at any other time.
225          [(6)] (5) When the House Rules Committee is carrying out the committee's functions
226     and responsibilities under this rule, the committee shall:
227          (a) when the Legislature is in session, give notice of the committee's meetings
228     according to the requirements of HR3-1-106;
229          (b) when the Legislature is not in session, post a notice of meeting at least 24 hours
230     before the meeting convenes;
231          (c) have as the committee's agenda all legislation in the committee's possession for
232     assignment to committee or to the House calendars; and
233          (d) prepare minutes that include a record, by individual representative, of votes taken.
234          [(7)] (6) House Rules Committee meetings are open to the public, but comments and
235     discussion are limited to members of the committee and the committee's staff.
236          Section 12. HR3-1-103 is amended to read:
237          HR3-1-103. House Rules Committee -- Standing and interim committee duties.
238          (1) The House Rules Committee has all the powers, functions, and duties of a standing
239     committee or interim committee when it reviews proposed House Rules, [Interim Rules,] Joint
240     Rules resolutions, or other legislation.
241          (2) Any rules resolutions or legislation reviewed and approved by the House Rules
242     Committee may be reported directly to the House for [its approval, amendment, or disapproval]
243     consideration.
244          (3) When meeting as a standing committee or interim committee under this rule,
245     [persons] individuals other than committee members may address the committee at the
246     discretion of the chair.
247          (4) When meeting as a standing committee or interim committee under this rule, the
248     House Rules Committee shall comply with the provisions of Utah Code Title 52, Chapter 4,
249     Open and Public Meetings Act.
250          Section 13. HR3-2-306 is amended to read:
251          HR3-2-306. Sponsor presentation.
252          (1) (a) Except as provided in Subsection (2), during the presentation phase, a
253     committee member may not amend legislation, substitute legislation, or dispose of legislation.
254          (b) All other motions are in order during the presentation phase.
255          (2) During the presentation phase of a committee meeting, the chair may accept a
256     [simple] motion to amend legislation if the chair permits:
257          (a) committee questions and debate;
258          (b) public comment as provided in HR3-2-308;
259          (c) the sponsor of the legislation affected by the amendment to respond to the motion
260     to amend; and
261          (d) the committee member who made the motion to amend to have the final word on
262     the motion as required under HR3-2-313.
263          (3) During the presentation phase of a standing committee meeting, the chair shall:
264          (a) permit the legislative sponsor to present the sponsor's legislation; and
265          (b) except as provided in Subsection (4), and at the election of the legislative sponsor,
266     permit [persons] individuals who have expertise on the legislation to assist with the
267     presentation as provided in HR3-2-304.
268          (4) The chair may not permit a legislative intern or a legislative aide to present
269     legislation.
270          Section 14. HR3-2-310 is amended to read:
271          HR3-2-310. Chair to preserve order -- Powers to preserve order.
272          (1) The chair shall preserve order and decorum during standing committee meetings
273     by:
274          (a) controlling outbursts and demonstrations; and
275          (b) ensuring that committee members, presenters, witnesses, and visitors act in a
276     dignified and respectful manner.
277          (2) To preserve order, the chair may:
278          (a) clear the committee room of any person who engages in disorderly conduct;
279          (b) recess a standing committee meeting without a motion; or
280          (c) request assistance from:
281          (i) the sergeant-at-arms; or
282          (ii) the Utah Highway Patrol.
283          Section 15. HR3-2-318 is amended to read:
284          HR3-2-318. Chair to send standing committee reports to the House.
285          (1) When a standing committee approves a motion to dispose of legislation under the
286     requirements of HR3-2-408 or HR3-2-403, the chair shall, no later than the next legislative
287     day, submit to the chief clerk of the House:
288          (a) the official version of the legislation; and
289          (b) a committee report, signed by the chair, describing the committee's action.
290          (2) (a) A committee member who dissents from a motion to dispose of legislation may
291     request to be listed by name on the committee report.
292          (b) If a committee member requests to be listed by name on a committee report, the
293     committee report shall include the name of the committee member.
294          (3) If, for any reason, the chair does not submit a committee report to the chief clerk of
295     the House as required in Subsection (1), the chief clerk of the House shall ensure that the
296     official version of the legislation and the committee report are submitted before the end of the
297     second legislative day after the [legislation was acted on by a standing committee] committee
298     disposed of the legislation.
299          Section 16. HR3-2-319 is amended to read:
300          HR3-2-319. Chair to ensure integrity of minutes -- Retention of minutes.
301          (1) The chair shall:
302          (a) ensure that a secretary takes minutes of standing committee meetings;
303          (b) present the minutes to the committee for approval; and
304          (c) send the approved minutes to [the office of the chief clerk of] the House.
305          [(2) The chief clerk of the House shall retain committee minutes for three years.]
306          [(3)] (2) The chair shall ensure that committee minutes comply with the requirements
307     of Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
308          [(4) The chair shall ensure that committee minutes include:]
309          [(a) the date, time, and place of each committee meeting;]
310          [(b) a list of committee members present;]
311          [(c) each motion made;]
312          [(d) the vote on each motion;]
313          [(e) points of order; and]
314          [(f) the outcome of each appeal of the decision of the chair.]
315          Section 17. HR3-2-401 is amended to read:
316          HR3-2-401. Standing committee review required -- Exceptions.
317          (1) Except as provided in Subsection (2), the House of Representatives may not pass a
318     bill, joint resolution, or concurrent resolution during the annual general session unless a House
319     standing committee has given a favorable recommendation to the legislation.
320          (2) Subsection (1) does not apply to:
321          (a) a resolution regarding legislative rules or legislative personnel;
322          (b) legislation that [has been approved by a unanimous vote of the members present at
323     an interim committee meeting] is a committee bill as defined in JR7-1-101 that:
324          (i) received its favorable recommendation by a unanimous vote of the members present
325     at the authorized legislative committee; and
326          (ii) satisfied the posting requirements described in JR7-1-602.5;
327          (c) the revisor's statute; or
328          (d) if the legislation was reviewed and approved by the Executive Appropriations
329     Committee, legislation that:
330          (i) exclusively appropriates money;
331          (ii) amends Utah Code Title 53F, Chapter 2, State Funding -- Minimum School
332     Program;
333          (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
334          (iv) authorizes the issuance of general obligation or revenue bonds.
335          Section 18. HR3-2-402 is amended to read:
336          HR3-2-402. Standing committee review of legislation with a fiscal impact.
337          (1) (a) A standing committee may not review legislation unless the legislation has an
338     approved fiscal note.
339          (b) Notwithstanding Subsection (1)(a), a standing committee may consider a substitute
340     not previously adopted, regardless of whether the substitute has an approved fiscal note.
341          (2) Except as provided in HR3-2-401, a standing committee in one or both houses shall
342     review legislation before the legislation is held in the opposite house because of its fiscal
343     impact.
344          Section 19. HR3-2-405 is amended to read:
345          HR3-2-405. Consent calendar -- Nonbinding resolutions -- Committee
346     recommendations .
347          (1) As used in this rule, "nonbinding resolution":
348          (a) means a resolution that:
349          (i) is primarily for the purpose of recognizing, honoring, or memorializing an
350     individual, group, or event;
351          (ii) requests, rather than compels, action or awareness by an individual or group; or
352          (iii) is informational or promotional in nature; and
353          (b) does not mean:
354          (i) a rules resolution;
355          (ii) a resolution for a constitutional amendment; or
356          (iii) any resolution that approves or authorizes any action, requires any substantive
357     action to be taken, or results in a change in law, policy, or funding.
358          (2) (a) A nonbinding resolution shall be placed on the consent calendar.
359          (b) A nonbinding resolution may be moved to the time certain calendar or other
360     calendar by a majority vote of those present.
361          (3) A standing committee may recommend that legislation in the standing committee's
362     possession be placed on the consent calendar if:
363          (a) the committee approves a motion, by a unanimous vote of those present, to give the
364     legislation a favorable recommendation; and
365          (b) immediately subsequent to that action, the committee approves a separate motion,
366     by a unanimous vote of those present, to recommend that the legislation be placed on the
367     consent calendar[; and].
368          [(c) the legislation has a fiscal note that is less than $10,000.]
369          [(4) If, in accordance with HR3-1-102, the House Rules Committee forwards a
370     summary report from the Occupational and Professional Licensure Review Committee in
371     conjunction with legislation referred to a standing committee, the chair shall ensure that the
372     summary report is read orally to the committee before action is taken by the committee on the
373     legislation that is related to the summary report.]
374          Section 20. HR3-2-406 is amended to read:
375          HR3-2-406. Amending legislation -- Verbal amendments -- Amendments must be
376     germane.
377          (1) (a) Subject to Subsection (2) and HR3-2-306, and if recognized by the chair during
378     the [sponsor] presentation phase or the committee action phase, a committee member may
379     make a motion to amend the legislation that is under consideration.
380          (b) (i) A committee member may propose a verbal amendment to the legislation under
381     consideration if the amendment contains 15 or fewer words.
382          (ii) Unless the amendment contains 15 or fewer words, before proposing a motion to
383     amend, a committee member shall ensure that a copy of the proposed amendment is available
384     online.
385          (iii) Each word inserted shall count as one of the 15 words permitted under a verbal
386     amendment, except that:
387          (A) numbering shall not be counted as a word;
388          (B) instructions to delete a word or words shall not count as a word; and
389          (C) a word or an exact phrase that is inserted in multiple locations shall only be
390     counted for the first insertion.
391          (2) (a) A committee member may only make a motion to amend that is germane to the
392     subject of the legislation under consideration.
393          (b) A committee member who believes that an amendment is not germane to the
394     subject of the legislation may make a point of order or appeal as described in HR3-2-506.
395          Section 21. HR3-2-408 is amended to read:
396          HR3-2-408. Legislation tabled in a standing committee -- Requirements.
397          (1) If legislation is tabled, the chair shall list the tabled legislation on the committee
398     agenda for the next committee meeting.
399          (2) At the next committee meeting, the committee may, by a two-thirds vote, lift the
400     tabled legislation from the table.
401          (3) If a motion to lift tabled legislation is successful, the standing committee may make
402     any motion on the legislation that is authorized under this chapter.
403          (4) (a) If legislation is tabled by a committee and the legislation is not lifted from the
404     table at the committee's next meeting, the committee chair shall submit a committee report to
405     the chief clerk of the House informing the House that the legislation was tabled.
406          (b) After reading the committee report on the tabled legislation, the [chief clerk of the
407     House] presiding officer shall send the tabled legislation to the House Rules Committee for
408     filing.
409          (5) After tabled legislation is sent to the House Rules Committee for filing, a
410     representative may not make a motion to:
411          (a) lift the tabled legislation from the House Rules Committee and place it on the third
412     reading calendar; or
413          (b) lift the tabled legislation from the House Rules Committee and refer it to a standing
414     committee for consideration.
415          Section 22. HR3-2-510 is amended to read:
416          HR3-2-510. Prohibited motions.
417          (1) (a) Except for a motion to adjourn or a motion to recess, a committee member may
418     not make a motion unless a quorum of the standing committee is present.
419          (b) When a quorum is not present, a motion to adjourn or a motion to recess is passed
420     with a majority vote of those present.
421          (2) No motion is in order during a vote.
422          (3) A point of order is not in order during a vote.
423          (4) A committee member may not make a motion to:
424          (a) strike the enacting clause of legislation;
425          (b) strike the resolving clause of a resolution;
426          (c) circle legislation;
427          (d) place legislation on a time certain calendar;
428          (e) postpone legislation to a day certain; or
429          (f) postpone legislation indefinitely.
430          Section 23. HR4-2-201 is amended to read:
431          HR4-2-201. Point of order.
432          (1) (a) If a representative believes that there has been a breach of order, a breach of
433     rules, or a breach of established parliamentary practice, the representative may rise and,
434     without being recognized, state: "point of order."
435          (b) When a representative raises a point of order:
436          (i) the presiding officer shall interrupt the proceedings;
437          (ii) the representative who has the floor shall yield the floor; and
438          (iii) the presiding officer shall ask the representative raising the point of order to "state
439     your point."
440          (c) When the presiding officer responds "state your point," the representative shall
441     briefly explain the alleged breach to the body, citing to appropriate authority if possible.
442          (2) (a) The presiding officer may:
443          (i) speak to points of order in preference to other representatives rising for that
444     purpose;
445          (ii) rule on the point of order immediately;
446          (iii) consult with [the chief clerk] staff, the parliamentarian, or both before ruling on
447     the point of order; or
448          (iv) suggest that the House recess until the presiding officer can research and rule on
449     the point of order.
450          (b) (i) Although points of order are generally decided without debate, the presiding
451     officer may submit the point of order to the House for decision in doubtful cases.
452          (ii) If submitted to the House for decision, a presiding officer shall allow debate or
453     discussion on the point of order by recognizing members of the House who wish to speak to the
454     point of order.
455          (iii) A decision by the House deciding a point of order is not subject to appeal.
456          (3) When the presiding officer rules on the point of order, any representative who
457     disagrees with the presiding officer's decision may appeal that decision to the House by
458     following the procedures and requirements of HR4-2-202.
459          Section 24. HR4-4-101 is amended to read:
460          HR4-4-101. Committee reports -- Second reading calendar.
461          (1) [The chief clerk of the House or the chief clerk's designee] House staff shall:
462          (a) read to the House each standing committee report submitted to the House; and
463          (b) read the legislation by title unless the House suspends this requirement by a
464     two-thirds vote.
465          (2) (a) If the House passes a motion to adopt the committee report, the amendments
466     and substitutes adopted by the committee and identified on the committee report become
467     legally part of the legislation.
468          (b) If a motion to adopt the committee report fails, the [chief clerk] presiding officer
469     shall return the legislation to the House Rules Committee.
470          (3) A majority vote of the House is required to:
471          (a) approve a motion to adopt the committee report; and
472          (b) pass the legislation on second reading to the third reading or consent calendar.
473          (4) The placement of a piece of legislation on a House reading calendar is the second
474     reading of that legislation.
475          Section 25. HR4-4-201 is amended to read:
476          HR4-4-201. Third reading calendar -- Procedures.
477          (1) (a) For the third reading on a piece of legislation, [the chief clerk of the House or
478     the chief clerk's designee] House staff shall read the legislation by title unless the House
479     suspends this requirement by a two-thirds vote.
480          (b) (i) After reading the title of the legislation, [the chief clerk or the chief clerk's
481     designee] House staff shall identify the House standing committee that reviewed the legislation
482     and the vote in that committee.
483          (ii) If the legislation has not been reviewed by a House standing committee, [the chief
484     clerk or the chief clerk's designee] House staff shall announce that the legislation was not
485     reviewed by a House standing committee.
486          (2) When [the chief clerk or the chief clerk's designee] House staff has completed the
487     third reading of the legislation, the legislation is before the House for debate.
488          (3) When debate on the legislation is complete, the presiding officer shall take the final
489     vote on the legislation.
490          Section 26. HR4-4-202 is amended to read:
491          HR4-4-202. Disposition of legislation voted on third reading.
492          (1) Except as provided in Subsection (2), the chief clerk or the chief clerk's designee
493     shall:
494          (a) for a piece of House legislation passed by the House on third reading but not yet
495     acted upon by the Senate, transmit the House legislation to the Senate for its further action;
496          (b) for a piece of House legislation that fails to pass the House on third reading, file the
497     legislation;
498          (c) for a piece of House legislation that has passed both houses, follow the procedures
499     and requirements of JR4-5-101;
500          (d) for a piece of Senate legislation passed by the House on third reading and not
501     amended or substituted in the House, transmit the Senate legislation to the presiding officer of
502     the House for the presiding officer's signature and return the legislation to the Senate for the
503     signature of the president of the Senate;
504          (e) for a piece of Senate legislation passed by the House on third reading that was
505     amended or substituted in the House, transmit the legislation to the Senate with the
506     amendments or substitute for further action by the Senate; and
507          (f) for a piece of Senate legislation that fails to pass the House on third reading,
508     transmit the legislation to the Senate with notice of the House's action.
509          (2) (a) The chief clerk shall ensure that the House retains possession of a piece of
510     legislation for no more than one legislative day when:
511          (i) a representative gives notice of intention to move for reconsideration to the chief
512     clerk or the presiding officer;
513          (ii) a representative requests that the chief clerk hold the legislation; or
514          (iii) the House passes a motion to retain possession of the legislation.
515          (b) When a representative moves for reconsideration or requests a hold under
516     Subsection (2)(a)(i) or (2)(a)(ii), the chief clerk shall give notice of the action to the speaker
517     and to the sponsor of the legislation.
518          (c) Notwithstanding the requirements of Subsection (2)(a), a piece of legislation may
519     be released earlier than 24 hours if the hold is released.
520          Section 27. HR4-4-301 is amended to read:
521          HR4-4-301. Consent calendar.
522          (1) The [chief clerk or the chief clerk's designee] presiding officer shall place
523     legislation on the consent calendar if:
524          (a) a standing committee report recommends that the legislation be placed on the
525     consent calendar and the standing committee report is adopted by the House; or
526          (b) the legislation is a nonbinding resolution as provided in HR3-2-405.
527          (2) If the chief clerk receives written objections to a piece of legislation from six or
528     more representatives, the chief clerk shall:
529          (a) remove the legislation from the consent calendar;
530          (b) inform the sponsor that the legislation has been removed from the consent calendar;
531     and
532          (c) place the legislation at the bottom of the third reading calendar.
533          (3) When legislation is removed from the consent calendar, the presiding officer shall
534     inform the House of its removal.
535          (4) (a) If, after two calendar days, no more than five members have registered written
536     objections to the legislation with the chief clerk:
537          (i) the legislation shall be read the third time;
538          (ii) the presiding officer shall grant the sponsor of the legislation two minutes to
539     introduce and explain the legislation; and
540          (iii) the presiding officer shall pose the question and take the final vote on the
541     legislation.
542          (b) The presiding officer may not allow debate on legislation on the consent calendar.
543          (5) (a) If the representative sponsoring the legislation on the consent calendar is absent
544     from the floor when the legislation is ready to be read for the third time and considered for
545     passage, a representative may make a motion to circle the legislation.
546          (b) If the motion to circle is successful and the representative sponsoring the legislation
547     has not moved to uncircle the legislation before floor time is recessed or adjourned, the bill
548     shall be placed on the bottom of the third reading calendar.
549          Section 28. HR4-4-501 is amended to read:
550          HR4-4-501. Time certain calendar.
551          The [chief clerk or the clerk's designee] presiding officer shall place on the time certain
552     calendar legislation or other matters approved by the House for a time certain under:
553          (1) HR1-5-301; or
554          (2) other rules allowing matters to be set for a time certain.
555          Section 29. HR4-6-105.5 is amended to read:
556          HR4-6-105.5. Prohibited references during debate.
557          (1) During debate on the House floor, a representative may not:
558          (a) allude to or discuss what was done or said in committee in relation to the legislation
559     under debate, except that a representative may allude to or discuss information contained on a
560     House or Senate committee report[.];
561          (b) use a display, exhibit, demonstration, or prop, including an individual who is
562     present on the House floor, to illustrate the representative's remarks or to emphasize the
563     representative's position; or
564          (c) read from a written, prepared speech.
565          (2) During debate on the House floor, a representative may use notes when delivering a
566     speech.
567          (3) Nothing in this rule affects a representative's ability to seek approval in accordance
568     with HR1-4-302(14) to have material placed on the representatives' desks.
569          Section 30. HR4-7-102 is amended to read:
570          HR4-7-102. Number of votes required for passage.
571          Unless otherwise specified in these rules:
572          (1) each piece of legislation requires a constitutional majority vote -- 38 votes -- to
573     pass;
574          (2) amendments to the Utah Constitution, legislation described in Utah Constitution,
575     Article VI, Section 25 that is intended to take effect earlier than 60 days after adjournment of
576     the session in which it passes, amendments to court rules, and certain motions specified in
577     these rules require a constitutional two-thirds vote -- 50 votes -- to pass; and
578          (3) a motion requires a majority vote to pass.
579          Section 31. HR4-7-104 is amended to read:
580          HR4-7-104. Disturbing House staff during voting prohibited.
581          While an electronic vote or roll call vote is being taken, a person may not disturb or
582     remain by the desks of [the chief clerk of the House, the docket clerk, the minute clerk, the
583     voting machine operator, or the public address system operator] House staff conducting or
584     helping to conduct the roll call vote.
585          Section 32. HR4-8-104 is amended to read:
586          HR4-8-104. Process for conducting a call of the House.
587          (1) During a call of the House:
588          (a) a representative present in the chamber may not leave the chamber; and
589          (b) the sergeant-at-arms or the sergeant's designees shall close the doors to the House
590     chamber.
591          (2) After ordering the call of the House, the presiding officer shall:
592          (a) [in consultation with the chief clerk,] identify any absent representatives; and
593          (b) provide the sergeant-at-arms with the names of those representatives who are
594     absent but who have not asked to be excused.
595          (3) The sergeant-at-arms or the sergeant's designees shall:
596          (a) search for the absent representatives;
597          (b) if they are found, escort them to the House chamber; and
598          (c) make a report to the House about the sergeant's efforts.
599          Section 33. HR4-9-101 is amended to read:
600          HR4-9-101. Motion to reconsider.
601          (1) As used in this rule, "legislative day" means a day when the House of
602     Representatives convenes in the House chamber and conducts House business.
603          (2) (a) Except as provided in Subsection (3), when a question has been decided on the
604     floor of the House, a representative voting with the prevailing side may move for
605     reconsideration after intervening business.
606          (b) If the motion to reconsider is to reconsider passage of a piece of legislation, the
607     representative making the motion shall include the number and short title of the legislation as
608     part of the motion.
609          (c) If a motion for reconsideration is made on the floor of the House after a piece of
610     legislation has left the possession of the House, the chief clerk shall request that the legislation
611     be returned to the House.
612          (d) The presiding officer shall rule a motion for reconsideration out of order unless the
613     motion is made:
614          (i) before the 43rd legislative day;
615          (ii) before the House adjourns on the legislative day after the legislative day on which
616     the action sought to be reconsidered occurred; and
617          (iii) by a representative who previously served notice to the chief clerk or the presiding
618     officer.
619          (3) A representative may not make a motion to reconsider after the 42nd day of the
620     annual general session of the Legislature.
621          Section 34. HR4-9-103 is amended to read:
622          HR4-9-103. Rules governing motions to reconsider.
623          (1) A motion to reconsider takes precedence over all other motions and questions,
624     except a motion to adjourn.
625          (2) (a) Except as provided in Subsection (2)(b), a motion to reconsider is debatable.
626          (b) A motion to reconsider is nondebatable only if the action it seeks to reconsider is
627     nondebatable.
628          (3) When a motion to reconsider is made, the presiding officer shall:
629          (a) allow the proponents a total of five minutes to address the issue;
630          (b) allow the opponents a total of five minutes to address the issue; and
631          (c) allow the proponents one minute to sum up.
632          (4) (a) A motion to reconsider a vote on the final passage of a piece of legislation
633     requires approval by a constitutional majority of representatives.
634          (b) Upon adoption of a motion to reconsider and if the legislation is in possession of
635     the House, the [chief clerk] presiding officer shall ensure that the legislation is placed at the top
636     of the third reading calendar.
637          (c) The House may not reconsider a piece of legislation more than once.
638          Section 35. Coordinating H.R. 4 and H.R. 1 -- Substantive amendments.
639          If this H.R. 4 and H.R. 1, House Rules Resolution - House Committee Security, both
640     pass, it is the intent of the Legislature that the Office of Legislative Research and General
641     Counsel, in preparing the House Rules for publication, amend HR3-3-101(2)(c) in H.R. 1 to
642     read:
643          "(c) recess the meeting without a motion; or".