Rep. Norm Thurston — Voting Record

Bill

Number

H.R. 4 (2015GS)

Sponsor

Rep. Dunnigan, J.

Final action

House/ to Lieutenant Governor 2/13/2015

Outcome

House/ to Lieutenant Governor

Summary

Every vote on this bill

Bill text

HOUSE RESOLUTION AMENDING STANDING COMMITTEE
RULES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
LONG TITLE
General Description:
This resolution repeals and reenacts House standing committee rules.
Highlighted Provisions:
This resolution:
▸ defines terms;
▸ reorganizes standing committee rules;
▸ clarifies and expands the powers of a chair to:
• preserve order and decorum; and
• adopt time restrictions for witnesses and presenters;
▸ authorizes the speaker of the House to appoint a vice chair to standing committees;
▸ requires a standing committee chair to enforce standing committee rules;
▸ clarifies that review of legislation during a standing committee is subject to four
distinct phases:
• presentation by the sponsor;
• clarifying questions by committee members;
• public comment; and
• committee action; and
▸ clarifies that privileged motions:
• take precedence over non-privileged motions;
• are to be accepted in a specified priority; and
• except for a motion to adjourn, do not dispose of other pending motions.
Special Clauses:
None
Legislative Rules Affected:
ENACTS:
HR3-2-203
HR3-2-204
HR3-2-303
HR3-2-305
HR3-2-306
HR3-2-307
HR3-2-308
HR3-2-309
HR3-2-310
HR3-2-311
HR3-2-312
HR3-2-313
HR3-2-314
HR3-2-315
HR3-2-316
HR3-2-317
HR3-2-318
HR3-2-319
HR3-2-411
HR3-2-412
HR3-2-413
HR3-2-507
HR3-2-508
HR3-2-509
HR3-2-510
HR3-2-511
HR3-2-512
REPEALS AND REENACTS:
HR3-2-101
HR3-2-201
HR3-2-202
HR3-2-301
HR3-2-302
HR3-2-304
HR3-2-401
HR3-2-402
HR3-2-403
HR3-2-404
HR3-2-405
HR3-2-406
HR3-2-407
HR3-2-408
HR3-2-409
HR3-2-410
HR3-2-501
HR3-2-502
HR3-2-503
HR3-2-504
HR3-2-505
HR3-2-506
REPEALS:
 HR3-2-102
 HR3-2-103
 HR3-2-104
 HR3-2-601
Be it resolved by the House of Representatives of the state of Utah:
Section 1. 
HR3-2-101
 is repealed and reenacted to read:
Part 1. General Provisions
 HR3-2-101.
Definitions.
As used in this chapter:
(1) "Chair" means:
(a) the chair of a standing committee; or
(b) a standing committee member who is authorized to act as chair under 
HR3-2-202
.
(2) "Committee" means a standing committee created under 
HR3-2-201
.
(3) "Dispose of legislation" refers to a committee action that transfers ownership of
legislation to the House Rules Committee, to another standing committee, or to the House
floor.
(4) "Favorable recommendation" refers to a committee action that transfers ownership
of legislation to the House second reading calendar.
(5) "Legislation" means a Senate bill, House bill, Senate resolution, House resolution,
joint resolution, or concurrent resolution.
(6) "Majority vote" means a majority of a quorum as provided in 
HR3-2-203
.
(7) "Original motion" means a non-privileged motion that is accepted by the chair
when no other motion is pending.
(8) "Pending motion" refers to a motion starting when a chair accepts a motion and
ending when the motion is withdrawn or when the chair calls for a vote on the motion.
(9) (a) "Privileged motion" means a procedural motion to adjourn, set a time to
adjourn, recess, end debate, extend debate, or limit debate.
(b) Privileged motions are not substitute motions.
(10) "Substitute motion" means a non-privileged motion that is made when a
non-privileged motion is pending.
(11) "Under consideration" means the time starting when a chair opens a discussion on
a subject or piece of legislation that is listed on a committee agenda and ending when the
committee disposes of the legislation, moves on to another item on the agenda, or adjourns.
Section 2. 
HR3-2-201
 is repealed and reenacted to read:
Part 2. Creation and Organization of House Standing Committees
 HR3-2-201.
Standing committees -- Creation.
(1) There are created the following standing committees:
(a) Business and Labor;
(b) Economic Development and Workforce Services;
(c) Education;
(d) Government Operations;
(e) Health and Human Services;
(f) House Rules;
(g) Judiciary;
(h) Law Enforcement and Criminal Justice;
(i) Natural Resources, Agriculture, and Environment;
(j) Political Subdivisions;
(k) Public Utilities and Technology;
(l) Revenue and Taxation; and
(m) Transportation.
(2) The members of the Retirement and Independent Entities Committee created in
Utah Code Section 
63E-1-201
 comprise a House standing committee.
Section 3. 
HR3-2-202
 is repealed and reenacted to read:
 HR3-2-202.
Speaker to appoint committee members, chairs, and vice chairs.
(1) The speaker of the House shall appoint members of the House to each standing
committee.
(2) The speaker of the House shall appoint a chair to each standing committee.
(3) The speaker of the House may appoint a vice chair to each standing committee.
(4) A vice chair may perform the duties of a chair:
(a) as requested by the chair; or
(b) in the absence of the chair.
Section 4. 
HR3-2-203
 is enacted to read:
 HR3-2-203.
Quorum requirements.
(1) Except as provided in Subsection (2), a majority of a standing committee is a
quorum.
(2) In determining whether a quorum is present, the speaker, majority leader, majority
whip, assistant majority whip, House Rules Committee chair, Executive Appropriations
Committee chair, minority leader, minority whip, assistant minority whip, and the fourth
member of leadership from the minority party are not counted in determining a quorum for a
standing committee, except during the time that the representative is present at the meeting.
Section 5. 
HR3-2-204
 is enacted to read:
 HR3-2-204.
Committee order of business.
Unless a standing committee chair, or a committee by majority vote, determines
otherwise, the order of business for a standing committee is:
(1) call to order by the chair;
(2) approval of the minutes of previous meetings;
(3) announcement of the agenda;
(4) announcement of time restrictions, if any, subject to the requirements of
HR3-2-304
; and
(5) consideration of standing committee business.
Section 6. 
HR3-2-301
 is repealed and reenacted to read:
Part 3. Duties of the House Standing Committee Chair
 HR3-2-301.
Chair to enforce legislative rules and procedures.
The chair shall ensure the integrity of the standing committee process by enforcing
legislative rules and parliamentary procedure without delay.
Section 7. 
HR3-2-302
 is repealed and reenacted to read:
 HR3-2-302.
Chair to set agenda -- Requirements.
The chair shall:
(1) set the agenda for a standing committee meeting; and
(2) ensure that legislation tabled by a standing committee is listed on a standing
committee agenda as required by 
HR3-2-408
.
Section 8. 
HR3-2-303
 is enacted to read:
 HR3-2-303.
Chair to post notice and agenda -- Notification to sponsors.
(1) The chair shall cause a public notice and agenda to be posted at least 24 hours
before each standing committee meeting as required under Utah Code Title 52, Chapter 4,
Open and Public Meetings Act.
(2) The chair shall notify the chief House sponsor or chief Senate sponsor of legislation
listed on an agenda of the time and place of the committee meeting in which the legislation will
be considered not less than 24 hours before the committee meeting.
Section 9. 
HR3-2-304
 is repealed and reenacted to read:
 HR3-2-304.
Chair may direct order of agenda -- Time restrictions.
The chair, or a committee by majority vote, may adopt committee procedures and time
restrictions, including:
(1) directing the order of the agenda;
(2) directing the order in which a witness or presenter will be heard;
(3) directing the number or witnesses or presenters that will be heard; and
(4) limiting the time the committee will spend on:
(a) an item on the agenda; or
(b) an individual witness or presenter.
Section 10. 
HR3-2-305
 is enacted to read:
 HR3-2-305.
Four phases when considering legislation.
Legislation under consideration by a standing committee is subject to four distinct
phases during a committee meeting:
(1) the sponsor's presentation as provided in 
HR3-2-306
;
(2) clarifying questions as provided in 
HR3-2-307
;
(3) public comment as provided in 
HR3-2-308
; and
(4) committee action as provided in 
HR3-2-309
.
Section 11. 
HR3-2-306
 is enacted to read:
 HR3-2-306.
Sponsor presentation.
(1) Except as provided in Subsection (2), during the presentation phase, a committee
member may not amend legislation, substitute legislation, or dispose of legislation. All other
motions are in order during the presentation phase.
(2) During the presentation phase of a committee meeting, the chair may accept a
simple motion to amend legislation if the chair permits:
(a) committee questions and debate;
(b) public comment as provided in 
HR3-2-308
;
(c) the sponsor of the legislation affected by the amendment to respond to the motion
to amend; and
(d) the committee member who made the motion to amend to have the final word on
the motion as required under 
HR3-2-313
.
(3) During the presentation phase of a standing committee meeting, the chair shall:
(a) permit the chief House sponsor or chief Senate sponsor to present the sponsor's
legislation; and
(b) except as provided in Subsection (4), and at the election of a legislative sponsor,
permit persons who have expertise on the legislation to assist with the presentation as provided
in 
HR3-2-304
.
(4) The chair may not permit:
(a) legislation to be presented if the legislative sponsor is not present; or
(b) legislative interns or legislative aides to present legislation.
Section 12. 
HR3-2-307
 is enacted to read:
 HR3-2-307.
Clarifying questions.
(1) During the clarifying question phase, a committee member may not amend
legislation, substitute legislation, or dispose of legislation. All other motions are in order
during the clarifying questions phase.
(2) A chair shall allow members of the committee to ask the legislative sponsor
questions, provided that the questions help to clarify the intent or purpose of the legislation or
the meaning of the language of the legislation.
(3) The chair shall allow the legislative sponsor to respond to clarifying questions.
(4) The chair may allow, with the legislative sponsor's approval, a person authorized
under 
HR3-2-306
 to respond to clarifying questions from members of the committee.
Section 13. 
HR3-2-308
 is enacted to read:
 HR3-2-308.
Public comment.
(1) During the public comment phase, a committee member may not amend legislation,
substitute legislation, or dispose of legislation. All other motions are in order during the public
comment phase.
(2) During the public comment phase of a committee meeting:
(a) the chair, or a committee by majority vote, may limit the time an individual witness
or presenter speaks to a committee as authorized under 
HR3-2-304
; and
(b) the chair, or the committee by majority vote, may terminate the public comment
phase at any time.
(3) Unless the chair, or a committee by majority vote, permits additional public
comment, once the public comment phase has ended only committee members, legislative
sponsors, staff, and those authorized under 
HR3-2-307
 may address the committee.
Section 14. 
HR3-2-309
 is enacted to read:
 HR3-2-309.
Committee action.
During the committee action phase, a committee member may make motions to amend
the legislation, to substitute the legislation, and to dispose of the legislation. All other motions
authorized by this chapter are in order during the committee action phase of a committee
meeting.
Section 15. 
HR3-2-310
 is enacted to read:
 HR3-2-310.
Chair to preserve order -- Powers to preserve order.
(1) The chair shall preserve order and decorum during standing committee meetings
by:
(a) controlling outbursts and demonstrations; and
(b) ensuring that committee members, presenters, witnesses, and visitors act in a
dignified and respectful manner.
(2) To preserve order, the chair may:
(a) clear the committee room of any person who engages in disorderly conduct;
(b) recess a standing committee meeting; or
(c) request assistance from:
(i) the sergeant-at-arms; or
(ii) the Utah Highway Patrol.
Section 16. 
HR3-2-311
 is enacted to read:
 HR3-2-311.
Chair to recognize committee members -- Remarks to be germane --
Committee members may make motions when recognized -- Permission to address
committee.
(1) The chair shall recognize a committee member who desires to speak to a subject
that is under consideration by a standing committee.
(2) Upon recognition by the chair, a committee member:
(a) shall ensure that the member's remarks are germane to the subject under
consideration; and
(b) may make a motion that is authorized by this chapter.
(3) Presenters, witnesses, visitors, staff, and committee members may not speak to a
standing committee unless recognized by the chair.
Section 17. 
HR3-2-312
 is enacted to read:
 HR3-2-312.
Chair to accept all motions that are in order -- Once accepted, the
motion is pending.
(1) The chair shall accept a motion requested by a member of a standing committee
who has been properly recognized unless the motion is prohibited by this chapter or by
parliamentary procedure.
(2) To properly accept a motion, the chair shall:
(a) restate each verbal motion;
(b) identify the number of each written motion to amend or substitute legislation; and
(c) distribute copies of each written amendment or substitute to members of the
committee.
(3) When a chair properly accepts a motion under Subsection (2), the motion is
pending.
Section 18. 
HR3-2-313
 is enacted to read:
 HR3-2-313.
 Chair to allow response to motions before placing motions for a vote.
After a motion has been accepted, and before the chair places a motion for a vote, the
chair shall permit:
(1) members of the committee to ask the committee member who placed the motion
questions about the motion;
(2) members of the committee to debate the motion;
(3) the chief sponsor of the legislation that is affected by the motion to respond to the
motion; and
(4) the committee member who placed the motion to have the final word on the
motion.
Section 19. 
HR3-2-314
 is enacted to read:
 HR3-2-314.
 Chair to place motion for vote.
After the chair has permitted a committee member to sum on a motion as required
under 
HR3-2-313
(4), the chair shall place the motion for a vote unless the motion is withdrawn
subject to the requirements of 
HR3-2-511
.
Section 20. 
HR3-2-315
 is enacted to read:
 HR3-2-315.
Chair to verbally announce vote on motions -- Motions pass with
majority vote of a quorum -- Exceptions.
(1) After a standing committee votes on a motion, the chair shall:
(a) determine whether the motion passed or failed;
(b) verbally announce that the motion passed or that the motion failed; and
(c) if the vote on the motion is not unanimous, verbally identify by name either the
committee members who voted "yes" or the committee members who voted "no."
(2) Unless otherwise specifically indicated in this chapter, motions pass with a majority
vote of a quorum as defined in 
HR3-2-203
.
Section 21. 
HR3-2-316
 is enacted to read:
 HR3-2-316.
Chair may direct a roll call vote.
Although most motions will be determined by a voice vote, the chair, or a committee by
majority vote, may direct a roll call vote.
Section 22. 
HR3-2-317
 is enacted to read:
 HR3-2-317.
Chair to decide points of order -- Committee may appeal chair's
decision.
(1) A chair shall rule on a point of order without committee discussion or debate.
(2) As provided in 
HR3-2-506
, a committee member may:
(a) make a point of order; or
(b) appeal the decision of the chair.
Section 23. 
HR3-2-318
 is enacted to read:
 HR3-2-318.
Chair to send standing committee reports to the House.
(1) When a standing committee approves a motion to dispose of legislation under the
requirements of 
HR3-2-408
 or 
HR3-2-403
, the chair shall, no later than the next legislative
day, submit to the chief clerk of the House:
(a) the official version of the legislation; and
(b) a committee report, signed by the chair, describing the committee's action.
(2) (a) A committee member who dissents from a motion to dispose of legislation may
request to be listed by name on the committee report.
(b) If a committee member requests to be listed by name on a committee report, the
committee report shall include the name of the committee member.
(3) If, for any reason, the chair does not submit a committee report to the chief clerk of
the House as required in Subsection (1), the chief clerk of the House shall ensure that the
official version of the legislation and the committee report are submitted before the end of the
second legislative day after the legislation was acted on by a standing committee.
Section 24. 
HR3-2-319
 is enacted to read:
 HR3-2-319.
Chair to ensure integrity of minutes -- Retention of minutes --
Content requirements.
(1) The chair shall:
(a) ensure that a secretary takes minutes of standing committee meetings;
(b) present the minutes to the committee for approval; and
(c) send the approved minutes to the office of the chief clerk of the House.
(2) The chief clerk of the House shall retain committee minutes for three years.
(3) The chair shall ensure that committee minutes comply with the requirements of
Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
(4) The chair shall ensure that committee minutes include:
(a) the date, time, and place of each committee meeting;
(b) a list of committee members present;
(c) each motion made;
(d) the vote on each motion;
(e) points of order; and
(f) the outcome of each appeal of the decision of the chair.
Section 25. 
HR3-2-401
 is repealed and reenacted to read:
Part 4. Duties of the House Standing Committee
 HR3-2-401.
Standing committee review required -- Exceptions.
(1) Except as provided in Subsection (2), the House of Representatives may not pass a
bill, joint resolution, or concurrent resolution during the annual general session unless a House
standing committee has given a favorable recommendation to the legislation.
(2) Subsection (1) does not apply to:
(a) a resolution regarding legislative rules or legislative personnel;
(b) legislation that has been approved by a unanimous vote of an interim committee;
(c) the revisor's statute; or
(d) if the legislation was reviewed and approved by the Executive Appropriations
Committee, legislation that:
(i) exclusively appropriates money;
(ii) amends Utah Code Title 53A, Chapter 17a, Minimum School Program Act;
(iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
(iv) authorizes the issuance of general obligation or revenue bonds.
Section 26. 
HR3-2-402
 is repealed and reenacted to read:
 HR3-2-402.
Standing committee review of legislation with a fiscal impact.
Except as provided in 
HR3-2-401
, a standing committee in one or both houses shall
review legislation before the legislation is held in the opposite house because of its fiscal
impact.
Section 27. 
HR3-2-403
 is repealed and reenacted to read:
 HR3-2-403.
Standing committee duties -- Consider legislation in a reasonable time
-- Dispose of legislation.
When a committee has completed its review of legislation, a standing committee shall
dispose of the legislation by:
(1) returning the legislation to the House Rules Committee;
(2) tabling the legislation, subject to the requirements of 
HR3-2-408
;
(3) recommending that the legislation be read a second time and placed on the third
reading calendar; or
(4) referring the legislation to a different standing committee.
Section 28. 
HR3-2-404
 is repealed and reenacted to read:
 HR3-2-404.
Motions to lift from the table, hold, amend, or substitute legislation.
In addition to the actions listed in 
HR3-2-403
(2), a standing committee may approve
one or more of the following motions on a single piece of legislation:
(1) hold the legislation;
(2) move to the next item on an agenda;
(3) amend the legislation, subject to the requirements of 
HR3-2-406
;
(4) substitute the legislation, subject to the requirements of 
HR3-2-407
; or
(5) lift legislation from the table, subject to the requirements of 
HR3-2-408
.
Section 29. 
HR3-2-405
 is repealed and reenacted to read:
 HR3-2-405.
Consent calendar.
(1) A standing committee may recommend that legislation in its possession be placed
on the consent calendar if:
(a) the committee approves a motion, by a unanimous vote, that the legislation be read
a second time and placed on the third reading calendar;
(b) immediately subsequent to that action, the chief sponsor requests that the
legislation be placed on the consent calendar; and
(c) in a separate motion and vote, the committee unanimously approves the sponsor's
request to place the legislation on the consent calendar instead of the second or third reading
calendar.
(2) If, in accordance with 
HR3-1-102
, the House Rules Committee forwards a
summary report from the Occupational and Professional Licensure Review Committee in
conjunction with legislation referred to a standing committee, the chair shall ensure that the
summary report is read orally to the committee before action is taken by the committee on the
legislation that is related to the summary report.
Section 30. 
HR3-2-406
 is repealed and reenacted to read:
 HR3-2-406.
Amending legislation -- Amendments must be germane.
(1) (a) Except as provided in Subsection (2), and if recognized by the chair during the
committee action phase, a committee member may make a motion to amend the legislation that
is under consideration.
(b) (i) A committee member may propose a verbal amendment to the legislation under
consideration if the amendment contains 25 or fewer words.
(ii) Before proposing a motion to amend, a committee member shall ensure that a
proposed amendment that contains more than 25 words is printed and distributed to committee
staff and to all committee members present.
(2) (a) A committee member may only make a motion to amend that is germane to the
subject of the legislation under consideration.
(b) A committee member who believes that an amendment is not germane to the
subject of the legislation may make a point of order or appeal as described in 
HR3-2-506
.
Section 31. 
HR3-2-407
 is repealed and reenacted to read:
 HR3-2-407.
Substitute legislation -- Substitutes must be germane.
(1) Except as provided in Subsection (2), and if recognized by the chair during the
committee action phase, a committee member may make a motion to substitute legislation that
is under consideration.
(2) (a) A committee member may only make a motion to substitute that is germane to
the subject of the legislation under consideration.
(b) A committee member who believes that an amendment is not germane to the
subject of the legislation may make a point of order or appeal as described in 
HR3-2-507
.
Section 32. 
HR3-2-408
 is repealed and reenacted to read:
 HR3-2-408.
Legislation tabled in a standing committee -- Requirements.
(1) If legislation is tabled, the chair shall list the tabled legislation on the committee
agenda for the next committee meeting.
(2) At the next committee meeting, the committee may, by a two-thirds vote, lift the
tabled legislation from the table.
(3) If a motion to lift tabled legislation is successful, the standing committee may make
any motion on the legislation that is authorized under this chapter.
(4) (a) If legislation is tabled by a committee and the legislation is not lifted from the
table at the committee's next meeting, the committee chair shall submit a committee report to
the chief clerk of the House informing the House that the legislation was tabled.
(b) After reading the committee report on the tabled legislation, the chief clerk of the
House shall send the tabled legislation to the House Rules Committee for filing.
Section 33. 
HR3-2-409
 is repealed and reenacted to read:
 HR3-2-409.
Reconsideration of action.
(1) Except as provided in Subsection (2), and if recognized by the chair, a committee
member may make a motion to reconsider the committee's action on legislation if the
legislation is:
(a) in the possession of the standing committee; and
(b) listed on the committee agenda as required by Utah Code Title 52, Chapter 4, Open
and Public Meetings Act.
(2) A standing committee may not reconsider its action on a piece of legislation:
(a) more than once; and
(b) until the committee has considered other committee business.
Section 34. 
HR3-2-410
 is repealed and reenacted to read:
 HR3-2-410.
Testimony may be taken under oath.
(1) At the direction of the chair, or upon a majority vote of the committee, the
testimony of a witness, presenter, or visitor who speaks to a committee may be taken under
oath.
(2) The chair or committee staff shall administer the oath.
Section 35. 
HR3-2-411
 is enacted to read:
 HR3-2-411.
Additional standing committee meetings.
With permission from the speaker of the House, a chair may hold a committee meeting
independent of regularly scheduled committee meetings on:
(1) a single piece of legislation; or
(2) the subject of two or more pieces of legislation.
Section 36. 
HR3-2-412
 is enacted to read:
 HR3-2-412.
Closed standing committee meetings.
A standing committee may close a committee meeting in accordance with the
procedures and requirements of Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
Section 37. 
HR3-2-413
 is enacted to read:
 HR3-2-413.
Prohibited from meeting while House is in session -- Exceptions.
(1) A standing committee may not meet while the House is in session unless:
(a) the chair receives permission from the speaker to meet; or
(b) a majority of the House approves a motion for the committee to meet while the
House is in session.
(2) Unless a committee is authorized to meet as provided in Subsection (1), any action
taken by a committee while the House is in session is invalid.
Section 38. 
HR3-2-501
 is repealed and reenacted to read:
Part 5. Standing Committee Parliamentary Procedures
 HR3-2-501.
Obtaining the floor in committee -- Remarks to be germane.
(1) As required in 
HR3-2-311
, a chair shall recognize a committee member who
desires to speak to the committee.
(2) A committee member who is recognized by the chair may make a motion consistent
with the requirements of this chapter.
(3) A second to a motion is not required.
Section 39. 
HR3-2-502
 is repealed and reenacted to read:
 HR3-2-502.
Committee members shall vote.
A committee member shall vote on every motion placed for a vote while the committee
member is present at a meeting.
Section 40. 
HR3-2-503
 is repealed and reenacted to read:
 HR3-2-503.
Privileged motions in committee -- General requirements, procedure,
and priority.
(1) Privileged motions:
(a) are non-debatable; and
(b) take precedence over non-privileged motions.
(2) If a privileged motion is requested while another privileged motion is pending, the
chair shall grant priority to the privileged motions in the following order:
(a) adjourn;
(b) set time to adjourn;
(c) recess;
(d) end debate or call the question;
(e) extend debate; and
(f) limit debate.
(3) Except for a motion to adjourn, a privileged motion, if adopted, does not dispose of
other pending motions.
Section 41. 
HR3-2-504
 is repealed and reenacted to read:
 HR3-2-504.
Original motions in committee -- General requirements, procedure,
and priority.
(1) Original motions:
(a) are debatable; and
(b) may be replaced with a substitute motion.
(2) A committee member may not make an original motion if:
(a) a privileged motion is pending; or
(b) a substitute motion is pending.
Section 42. 
HR3-2-505
 is repealed and reenacted to read:
 HR3-2-505.
Substitute motions in committee -- General requirements, procedure,
and priority.
(1) Substitute motions:
(a) are debatable; and
(b) take precedence over original motions.
(2) (a) A committee member may make a substitute motion if an original motion is
pending.
(b) A committee member may not make a substitute motion if:
(i) a privileged motion is pending; or
(ii) another substitute motion is pending.
(c) If a substitute motion is adopted, a substitute motion disposes of the original
motion.
(d) If a substitute motion is not adopted, the original motion is pending.
Section 43. 
HR3-2-506
 is repealed and reenacted to read:
 HR3-2-506.
Reserve the right to make a motion.
(1) Once recognized by the chair, a committee member may not make a motion after
speaking to the committee unless the chair has first specifically granted the committee member
permission to reserve the right to make a motion.
(2) If the chair has granted a committee member the right to make a motion as required
in Subsection (1), the committee member's remarks shall be confined to the subject of the
motion to be made.
(3) A committee member may only reserve the right to make a motion to
:
(a) amend the legislation being debated; or
(b) substitute the legislation being debated.
Section 44. 
HR3-2-507
 is enacted to read:
 HR3-2-507.
Point of order -- Appeal of chair's decision.
(1) A point of order is not a motion and, except during a vote, may be made by a
member of a standing committee at any time during a committee meeting.
(2) If a member of a standing committee is concerned that legislative rules or
procedures are not being followed, the committee member may make a point of order.
(3) When a point of order is made, the chair shall immediately allow the committee
member to state the member's point.
(4) A chair shall rule on the point of order without committee discussion or debate as
provided in 
HR3-2-315
.
(5) An appeal of the decision of the chair is not a motion and may be made by a
committee member after the chair has ruled on a point of order.
(6) A standing committee may, by majority vote, override the decision of the chair on a
point of order.
(a) If the committee overrides the decision of the chair, the ruling of a committee is
final.
(b) If a committee does not override the decision of the chair, the ruling of a chair is
final.
Section 45. 
HR3-2-508
 is enacted to read:
 HR3-2-508.
Point of information.
(1) A point of information is not a motion and, except during summation or a vote,
may be made by a member of a standing committee at any time during a committee meeting.
(2) If a member of a standing committee desires clarification on any aspect of a
committee meeting, the committee member may make a point of information.
(3) When a point of information is made, the chair shall immediately allow the
committee member to state the point.
Section 46. 
HR3-2-509
 is enacted to read:
 HR3-2-509.
Division of a motion.
(1) A division is not a motion and, except during a vote, may be made by a member of
a standing committee at any time during a committee meeting without being recognized by the
chair.
(2) The committee member who divides a motion shall clearly state how the motion is
to be divided.
(3) A committee member may not divide a motion to amend legislation in such a
manner that could create an unintelligible or ambiguous result.
Section 47. 
HR3-2-510
 is enacted to read:
 HR3-2-510.
Prohibited motions.
(1) (a) Except for a motion to adjourn, a committee member may not make a motion
unless a quorum of the standing committee is present.
(b) When a quorum is not present, a motion to adjourn is passed with a majority vote
of those present.
(2) No motion is in order during a vote.
(3) A point of order is not in order during a vote.
(4) A committee member may not make a motion to:
(a) strike the enacting clause of legislation;
(b) strike the resolving clause of a resolution;
(c) circle legislation; or
(d) place legislation on a time certain calendar.
Section 48. 
HR3-2-511
 is enacted to read:
 HR3-2-511.
Repeating defeated motion.
(1) Except as provided in Subsection (2), a motion that is defeated may not be made by
a committee member until the committee has considered other committee business.
(2) A motion to postpone legislation to a day certain, to postpone legislation
indefinitely, or to return legislation to the House Rules Committee, if defeated, may not be
made again by any committee member during the same committee meeting.
Section 49. 
HR3-2-512
 is enacted to read:
 HR3-2-512.
A motion may be withdrawn.
A committee member who makes a motion may withdraw that motion at any time
before the motion is placed for a vote.
Section 50. 
Repealer.
This resolution repeals:
HR3-2-102,
Standing committee review required -- Exceptions.
HR3-2-103,
Standing committee review of legislation with fiscal impact.
HR3-2-104,
Standing committees prohibited from meeting while House is in
session -- Exceptions.
HR3-2-601,
Committee reports.
Legislative Review Note
 as of 2-2-15 8:33 PM
Office of Legislative Research and General Counsel