Representative James A. Dunnigan proposes the following substitute bill:


1     
HOUSE RULES RESOLUTION - AMENDMENTS TO HOUSE

2     
RULES

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This resolution modifies House Rules.
10     Highlighted Provisions:
11          This resolution:
12          ▸     allows a lobbyist who is a former legislator to be present on the House floor when
13     designated by the speaker-elect to preside until the representatives take the oath of
14     office and elect a speaker;
15          ▸     extends the time period during which a representative may use the representative's
16     general session postage allowance;
17          ▸     directs the Office of Legislative Research and General Counsel to share with caucus
18     staff information in a representative's request for legislation, under certain
19     circumstances;
20          ▸     changes the name of the Public Utilities, Energy, and Technology Standing
21     Committee to the Public Utilities and Energy Standing Committee;
22          ▸     adds the House Rules vice chair to the list of members who are not counted in
23     determining a quorum for a standing committee, unless the member is present at the
24     meeting;
25          ▸     modifies the order in which a standing committee chair takes responses to a motion
26     or substitute motion;
27          ▸     updates inconsistent terminology;
28          ▸     removes obsolete language;
29          ▸     incorporates certain language from existing provisions of the Utah Code;
30          ▸     for the first day of an annual general session, removes the requirement that
31     legislation placed on the third reading calendar stay on the third reading calendar
32     until at least the following day; and
33          ▸     addresses remote participation in a House committee meeting.
34     Special Clauses:
35          None
36     Legislative Rules Affected:
37     AMENDS:
38          HR1-2-101
39          HR1-7-101
40          HR1-8-101
41          HR2-2-106
42          HR3-2-201
43          HR3-2-203
44          HR3-2-313
45          HR3-2-402
46          HR3-3-101
47          HR3-3-102
48          HR4-3-101
49          HR4-9-103
50     ENACTS:
51          HR1-10-101
52     

53     Be it resolved by the House of Representatives of the state of Utah:
54          Section 1. HR1-2-101 is amended to read:
55          HR1-2-101. Calling the House to order.
56          (1) On the first day of each annual general session of the Legislature during
57     odd-numbered years, the speaker-elect shall designate a person to call the House to order and
58     preside until the representatives have taken the oath of office and elected a speaker.
59          (2) (a) Notwithstanding HR2-4-101.2, the speaker-elect may designate under
60     Subsection (1) a lobbyist who is a former speaker to call the House to order and preside until
61     the representatives take the oath of office and elect a speaker.
62          (b) The lobbyist shall comply with HR2-4-101.2 immediately after the representatives
63     elect a speaker.
64          Section 2. HR1-7-101 is amended to read:
65          HR1-7-101. Citations -- Definitions -- Use of citations.
66          (1) As used in this chapter:
67          (a) "Citation" means a certificate for the purposes of:
68          (i) honoring or commending an individual who is a resident of Utah, or a group of
69     individuals who are residents of Utah or have a substantial presence in or connection to Utah;
70          (ii) commemorating an event or the anniversary of an event that has significant
71     relevance to Utah; or
72          (iii) expressing condolences to the family of a deceased individual who was a resident
73     of Utah.
74          (b) "House of Representatives citation" means a citation issued on behalf of the Utah
75     House of Representatives under HR1-7-103, that is signed by the representative sponsoring the
76     citation and the speaker of the House of Representatives.
77          (c) "Legislator citation" means a citation issued on behalf of an individual
78     representative under HR1-7-102.
79          (d) "Utah Legislature citation" means a citation issued on behalf of both [houses]
80     chambers of the Utah Legislature under HR1-7-104, that is signed by the representative
81     sponsoring the citation, the speaker of the House of Representatives, and the president of the
82     Senate.
83          (2) A citation honoring or commending the same individual or group of individuals, or
84     recognizing the same event or anniversary, should not be issued more than once every 10 years.
85          (3) A representative may request only one House of Representatives citation or Utah
86     Legislature citation during a calendar year.
87          Section 3. HR1-8-101 is amended to read:
88          HR1-8-101. House postage allowance.
89          (1) Each representative may deposit:
90          (a) up to [300] 500 letters into the House mail system during the [annual general
91     session] period that begins the first day of the annual general session and ends 30 days after the
92     day on which the Legislature adjourns the annual general session sine die; and
93          (b) up to 10 letters per month into the House mail system during the remainder of the
94     year.
95          (2) Upon request from an individual representative, the speaker may grant an additional
96     postage allowance.
97          Section 4. HR1-10-101 is enacted to read:
98     
CHAPTER 10. MISCELLANEOUS

99          HR1-10-101. Requests for legislation -- Sharing with caucus staff.
100          (1) As used in this rule, "caucus staff" means House staff assigned to the chief
101     sponsor's caucus.
102          (2) After a representative files a request for legislation in accordance with JR4-2-101,
103     the Office of Legislative Research and General Counsel shall provide caucus staff the drafting
104     instructions, as defined in JR4-1-101, provided in the request for legislation and the request's
105     assigned short title, unless the representative:
106          (a) elects not to share the drafting instructions and short title with caucus staff; or
107          (b) fails to sign an acknowledgment, for purposes of Rule 1.6 of the Rules of
108     Professional Conduct, that the Office of Legislative Research and General Counsel will share
109     the representative's information in accordance with this rule.
110          (3) Caucus staff or staff from the Office of Legislative Research and General Counsel
111     may share information provided under Subsection (2) with other representatives who are
112     members of the chief sponsor's caucus.
113          Section 5. HR2-2-106 is amended to read:
114          HR2-2-106. Smoking and electronic cigarettes prohibited.
115          (1) As used in this rule, "electronic cigarette" means any device, other than a
116     combustible cigarette or cigar, intended to deliver vapor containing nicotine into a person's
117     respiratory system.
118          (2) A person may not smoke or use an electronic cigarette in the House chamber or
119     other [house] House controlled areas.
120          (3) The sergeant-at-arms shall enforce this rule.
121          Section 6. HR3-2-201 is amended to read:
122          HR3-2-201. Standing committees -- Creation.
123     There are created the following standing committees to consider legislation during an annual
124     general or special session:
125          (1) Business and Labor;
126          (2) Economic Development and Workforce Services;
127          (3) Education;
128          (4) Government Operations;
129          (5) Health and Human Services;
130          (6) House Rules;
131          (7) Judiciary;
132          (8) Law Enforcement and Criminal Justice;
133          (9) Natural Resources, Agriculture, and Environment;
134          (10) Political Subdivisions;
135          (11) Public Utilities[,] and Energy[, and Technology];
136          (12) Revenue and Taxation; and
137          (13) Transportation.
138          Section 7. HR3-2-203 is amended to read:
139          HR3-2-203. Quorum requirements.
140          (1) Except as provided in Subsection (2), a majority of a standing committee is a
141     quorum.
142          (2) In determining whether a quorum is present, the speaker, majority leader, majority
143     whip, assistant majority whip, House Rules Committee chair, House Rules Committee vice
144     chair, Executive Appropriations Committee chair, Executive Appropriations Committee vice
145     chair, minority leader, minority whip, assistant minority whip, and the fourth member of
146     leadership from the minority party are not counted in determining a quorum for a standing
147     committee, except during the time that the representative is present at the meeting.
148          Section 8. HR3-2-313 is amended to read:
149          HR3-2-313. Chair to allow response to motions before placing motions for a vote.
150          (1) After the chair accepts an original motion, and before the chair places the original
151     motion for a vote, the chair shall permit, in the following order:
152          [(a) committee members to debate the original motion;]
153          [(b)] (a) the chief sponsor of the legislation that is affected by the original motion to
154     respond to the original motion; [and]
155          (b) committee members to debate the original motion; and
156          (c) the committee member who placed the original motion to have the final word on
157     the motion.
158          (2) After a chair accepts a substitute motion, and before the chair places the substitute
159     motion for a vote, the chair shall permit, in the following order:
160          (a) the committee member who placed the original motion to respond to the substitute
161     motion;
162          [(b) committee members to debate the substitute motion;]
163          [(c)] (b) the chief sponsor of the legislation that is affected by the substitute motion to
164     respond to the substitute motion; [and]
165          (c) committee members to debate the substitute motion; and
166          (d) the committee member who placed the substitute motion to have the final word on
167     the motion.
168          Section 9. HR3-2-402 is amended to read:
169          HR3-2-402. Standing committee review of legislation with a fiscal impact.
170          (1) (a) A standing committee may not review legislation unless the legislation has an
171     approved fiscal note.
172          (b) Notwithstanding Subsection (1)(a), a standing committee may consider a substitute
173     not previously adopted, regardless of whether the substitute has an approved fiscal note.
174          (2) Except as provided in HR3-2-401, a standing committee in one or both [houses]
175     chambers shall review legislation before the legislation is held in the opposite [house] chamber
176     because of [its] the legislation's fiscal impact.
177          Section 10. HR3-3-101 is amended to read:
178          HR3-3-101. Chair to preserve order and decorum.
179          (1) The chair shall preserve order and decorum during a House committee meeting by:
180          (a) ensuring nothing obstructs a walkway or the view of a meeting attendee;
181          (b) ensuring the meeting is free from any audible or visual disturbance;
182          (c) protecting state property from damage or disarray;
183          (d) prohibiting speech likely to incite or produce imminent lawless action, fighting
184     words, or obscenity; and
185          (e) prohibiting any activity or item that poses a danger to the safety of a meeting
186     attendee.
187          (2) To preserve order and decorum in accordance with Subsection (1), the chair may:
188          (a) prohibit the following:
189          (i) standing, waving, yelling, or clapping;
190          (ii) loud noises;
191          (iii) food or drink, other than water in a closed container;
192          (iv) musical instruments;
193          (v) any item that may require excessive cleanup; or
194          (vi) to the extent necessary to preserve order and decorum, any other item or activity
195     the chair determines necessary;
196          (b) clear the meeting room of one or more individuals;
197          (c) recess the meeting without a motion; or
198          (d) request assistance from:
199          (i) the sergeant-at-arms; or
200          (ii) the Utah Highway Patrol.
201          (3) To the extent reasonably applicable, any action by a chair under this rule applies to
202     a member of the public participating in the meeting via video conference.
203          Section 11. HR3-3-102 is amended to read:
204          HR3-3-102. Prohibited items and activities in House committee meetings.
205          (1) A member of the public attending a meeting of a House committee may not:
206          [(1)] (a) bring into the meeting room, or possess while in the meeting room, any of the
207     following:
208          [(a)] (i) a sign, poster, banner, or placard;
209          [(b)] (ii) glitter or confetti;
210          [(c)] (iii) a laser pointer;
211          [(d)] (iv) paint;
212          [(e)] (v) an open flame;
213          [(f)] (vi) an incendiary device;
214          [(g)] (vii) a noise maker;
215          [(h)] (viii) flammable liquid; or
216          [(i)] (ix) any harmful or hazardous substance; or
217          [(2)] (b) engage in any of the following while in the meeting room:
218          [(a)] (i) commercial solicitation;
219          [(b)] (ii) leafletting;
220          [(c)] (iii) throwing an item; or
221          [(d)] (iv) adhering any item to a furnishing, a wall, or other state property.
222          (2) A member of the public participating in a House committee meeting via video
223     conference may not:
224          (a) use a virtual background other than one that is simple and free from distracting
225     visuals; or
226          (b) engage in any behavior that if performed in the meeting room would violate
227     Subsection (1).
228          Section 12. HR4-3-101 is amended to read:
229          HR4-3-101. Consideration of bills.
230          (1) Except for the 1st, 43rd, 44th, and 45th day of the annual general session, [a piece
231     of] legislation may not be read for the third time until at least the day after it is placed on the
232     third reading calendar.
233          (2) Legislation on third reading calendar shall be considered in the order that it appears
234     on the calendar unless a constitutional majority vote of the members of the House directs other
235     action.
236          Section 13. HR4-9-103 is amended to read:
237          HR4-9-103. Rules governing motions to reconsider.
238          (1) A motion to reconsider takes precedence over all other motions and questions,
239     except a motion to adjourn.
240          (2) (a) Except as provided in Subsection (2)(b), a motion to reconsider is debatable.
241          (b) A motion to reconsider is nondebatable only if the action it seeks to reconsider is
242     nondebatable.
243          (3) When a motion to reconsider is made, the presiding officer shall:
244          (a) allow the proponents a total of five minutes to address the issue;
245          (b) allow the opponents a total of five minutes to address the issue; and
246          (c) allow the proponents one minute to sum up.
247          (4) (a) A motion to reconsider a vote on the final passage of a piece of legislation
248     requires approval by a constitutional majority of representatives.
249          (b) [Upon] Except as provided in HR4-4-401, upon adoption of a motion to reconsider
250     and if the legislation is in possession of the House, the presiding officer shall ensure that the
251     legislation is placed at the top of the third reading calendar.
252          (c) The House may not reconsider a piece of legislation more than once.
253          Section 14. Effective date.
254          This resolution takes effect upon a successful vote for final passage.