Rep. Norm Thurston — Voting Record

Bill

Number

H.R. 4 First Substitute (2019GS)

Sponsor

Rep. Dunnigan, J.

Final action

House/ to Lieutenant Governor 3/22/2019

Outcome

House/ to Lieutenant Governor

Summary

Every vote on this bill

Bill text

RULES RESOLUTION ON HOUSE RULES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
LONG TITLE
General Description:
This rules resolution amends House rules governing standing committees and floor
conduct and procedures.
Highlighted Provisions:
This resolution:
▸ modifies the circumstances under which the governor, the lieutenant governor, the
state attorney general, the state treasurer, the state auditor, governor's staff, and
certain former legislators may be present on the House floor and in House space;
▸ provides that a guest who accompanies a representative on the House floor shall sit
next to the representative;
▸ allows a standing committee chair or vice chair to designate a member of the
standing committee to conduct a meeting of the standing committee;
▸ modifies the list of motions that are prohibited in a standing committee meeting;
▸ prohibits a motion to lift tabled legislation from a standing committee or the House
Rules Committee and place it on the third reading calendar; and
▸ makes technical and conforming changes.
Special Clauses:
This resolution provides a coordination clause.
Legislative Rules Affected:
AMENDS:
HR2-4-101
HR2-4-101.2
HR2-4-101.3
HR2-4-101.4
HR2-4-102
HR3-2-202
HR3-2-317
HR3-2-406
HR3-2-407
HR3-2-510
HR3-2-511
HR4-4-203
Legislative Rules Affected by Coordination Clause:
HR2-4-101.2
HR2-4-102
Be it resolved by the House of Representatives of the state of Utah:
Section 1. 
HR2-4-101
 is amended to read:
HR2-4-101.
Definitions.
As used in this chapter:
(1) "Former legislator" means a person who is not a current member of the Legislature,
but who served in the Utah House or Utah Senate at one time.
[
(2) "Governor's staff" means:
]
[
(a) a person employed directly by the Office of the Governor or the Office of the
Lieutenant Governor; and
]
[
(b) the director of the Office of Planning and Budget.
]
[
(3)
] 
(2)
 (a) "Guest" means an individual who is afforded access to the House space
under a provision of this chapter, who is not an individual described in Subsection [
(3)(b)
]
(2)(c)
 or a special guest as described under 
HR2-4-101.2
(5).
(b) "Guest" includes:
(i) the governor, the lieutenant governor, the state attorney general, the state treasurer,
the state auditor, and governor's staff; and
(ii) a former legislator who is an individual described in Subsection (2)(b)(i).
[
(b)
] 
(c)
 "Guest" does not mean a legislator, a member of House or Senate staff, a
member of professional legislative staff, a House intern, 
or
 a lobbyist[
, the governor, the
lieutenant governor, the state attorney general, the state treasurer, or the state auditor
].
[
(4)
] 
(3)
 "House conference rooms" means one of the conference rooms adjacent to the
House lounge, speaker's office, or the majority caucus room.
[
(5)
] 
(4)
 "House halls" means the passageways that allow access to:
(a) the House chamber;
(b) the House lounge;
(c) the House offices; or
(d) any other nonpublic areas adjoining the House chamber.
[
(6)
] 
(5)
 "House intern" means an individual who is:
(a) an official participant in the student intern program sponsored by the Utah
Legislature and administered by the Office of Legislative Research and General Counsel; and
(b) is assigned to a representative.
[
(7)
] 
(6)
 "House offices" means:
(a) Representatives' offices adjacent to the House chamber;
(b) Representatives' offices on the third and fourth floors of the capitol building;
(c) Representatives' offices in the House building; and
(d) kitchens, restrooms, elevators, and any auxiliary rooms in the nonpublic areas
connected with the offices listed above.
[
(8)
] 
(7)
 "House or Senate staff" means an individual who is employed directly by the
House or Senate.
[
(9)
] 
(8)
 (a) "House space" means the House chamber, House lounge, House offices,
House halls, and House conference rooms.
(b) "House space" does not mean the common public space outside the House
chamber.
[
(10)
] 
(9)
 "Immediate family" means any parent, spouse, child, grandparent,
grandchild, great-grandparent, great-grandchild, sibling, aunt, uncle, niece, or nephew of a
member of the House, provided that the individual is not a lobbyist.
[
(11)
] 
(10)
 "Lobbying" means communicating with a legislator for the purpose of
influencing the passage, defeat, amendment, or postponement of legislative action.
[
(12)
] 
(11)
 "Lobbyist" means an individual who is required to register as a lobbyist by
Utah Code Section 
36-11-103
.
[
(13)
] 
(12)
 "Professional legislative staff" means an individual employed by one of the
Legislature's profession-based staff offices, namely the Office of Legislative Research and
General Counsel, the Office of the Legislative Fiscal Analyst, the Office of the Legislative
Auditor General, or the Office of Legislative Printing.
Section 2. 
HR2-4-101.2
 is amended to read:
HR2-4-101.2.
Admittance to House floor -- Prohibition against lobbying -- Rules
for lobbyists on House floor.
(1) [
While
] 
Except as otherwise provided in this rule, while
 the House is convened in
annual general session or special session, 
only
 the following individuals are permitted on the
House floor:
(a) a legislator;
(b) a member of House or Senate staff;
(c) a member of professional legislative staff;
(d) a House intern; 
and
(e) a former legislator who is not [
a lobbyist; and
]
:
(i) a lobbyist; or
[
(f)
] 
(ii)
 the governor, lieutenant governor, state attorney general, state treasurer, [
and
]
or
 state auditor.
(2) (a) While the House is convened in annual general session or special session, a
representative may invite one [
of the following individuals as a
] guest 
who is not a lobbyist
 to
accompany the representative on the House floor
, provided that
:
[
(i) a member of the representative's immediate family;
]
[
(ii) an administrative assistant other than a House intern; or
]
[
(iii) a constituent who resides in the member's district.
]
(i) the guest sits next to the representative;
(ii) the representative ensures that the guest does not impede staff work, distract from
the work of the House, or encroach on a neighboring representative's desk;
(iii) the guest complies with the requirements of this rule, 
HR2-4-102
, and 
HR2-4-103
;
and
(iv) no representative objects.
(b) A representative may have no more than one guest on the House floor at any one
time.
[
(c) A representative who invites a guest onto the House floor shall:
]
[
(i) if the guest is not seated next to the representative as permitted under 
HR2-4-102
,
ensure that the guest sits on a bench on the House floor, provided that seating is available; and
]
[
(ii) ensure that the guest stays only for a short visit not to exceed one hour.
]
(3) A lobbyist, a guest, or an individual described in Subsection (1)(e)[
, Subsection
(1)(f), or Subsection (2)
] is prohibited from lobbying on the House floor.
(4) (a) Except as provided in this Subsection (4), a lobbyist is not permitted on the
House floor.
(b) A representative sponsoring a piece of legislation being debated by the House may
invite one lobbyist with expertise on the legislation being considered to be present on the
House floor during the presentation and debate on the legislation, if:
(i) the representative informs the sergeant-at-arms that the lobbyist is present on the
House floor;
(ii) the representative ensures that the lobbyist is seated on a bench on the House floor
during the presentation and debate on the legislation;
(iii) the representative ensures that the lobbyist does not engage in lobbying on the
House floor; and
(iv) the lobbyist leaves the House floor when the House moves to another item of
business.
(c) If the representative sponsoring the legislation needs the assistance of the lobbyist
during the course of debate on the legislation, the representative may request permission of the
speaker to have the lobbyist approach the representative sponsoring the legislation to provide
the needed information to the representative.
(5) The speaker or the speaker's designee may authorize special guests to be present in
the House chamber or on the House floor.
[
(6) A representative who is visited by two or more guests shall arrange with the
sergeant-at-arms for the guests to be seated in the House gallery.
]
Section 3. 
HR2-4-101.3
 is amended to read:
HR2-4-101.3.
Admittance to the House lounge.
(1) While the House is convened in annual general session or special session only the
following individuals are permitted in the House lounge:
(a) a legislator;
(b) a member of House or Senate staff;
(c) a member of professional legislative staff;
(d) a member of the representative's immediate family;
(e) a House intern;
(f) a former legislator who is not [
a lobbyist;
]
:
(i) a lobbyist; or
[
(g)
] 
(ii)
 the governor, the lieutenant governor, the state attorney general, the state
treasurer, and the state auditor; 
and
[
(h) the governor's staff, or a staff member for the attorney general, the state treasurer,
or the state auditor; and
]
[
(i)
] 
(g)
 a lobbyist or guest as provided in Subsection (2).
(2) (a) A representative may invite a small number of lobbyists or guests to meet with
the representative in the House lounge for the purpose of educating the lobbyists or guests
about the legislative process or to discuss specific legislative issues.
(b) The representative shall ensure that the lobbyists and guests leave the House space
when the meeting is over.
Section 4. 
HR2-4-101.4
 is amended to read:
HR2-4-101.4.
Admittance to the House offices, conference rooms, and halls.
(1) While the House is convened in annual general session or special session only the
following individuals are permitted in the House offices:
(a) a legislator;
(b) a member of House or Senate staff;
(c) a member of professional legislative staff;
(d) a House intern;
(e) a member of the representative's immediate family;
(f) a former legislator who is not [
a lobbyist; and
]
:
(i) a lobbyist; or
(ii) the governor, the lieutenant governor, the state attorney general, the state treasurer,
or the state auditor; and
(g) a lobbyist or guest, as provided in Subsection (3).
(2) An administrative assistant who is not a House intern is permitted in:
(a) the office of the representative who is employing the administrative assistant;
(b) the common areas of the House offices;
(c) a conference room in the House space, when meeting to discuss legislative business
with a representative; and
(d) the office of another representative with the consent of that representative.
(3) (a) A representative may invite a small number of lobbyists or guests to meet with
the representative in the representative's House office or a House conference room to discuss
specific legislative issues.
(b) The representative shall ensure that the lobbyists and guests leave the House space
when the meeting is over.
(4) (a) While the House is convened as a body on the House floor, and except as
provided in Subsection (4)(b), only the following individuals are allowed in the House halls:
(i) a legislator;
(ii) a member of House or Senate staff;
(iii) a member of professional legislative staff;
(iv) a House intern;
(v) an administrative assistant who is not a House intern; 
and
(vi) a former legislator who is not [
a lobbyist; and
]
:
(A) a lobbyist; or
[
(vii)
] 
(B)
 the governor, lieutenant governor, state attorney general, state treasurer, and
state auditor.
(b) Immediate family of a representative, a lobbyist, a guest, an administrative assistant
who is not a House intern, or any other authorized individual who is in transit to the House
chamber, House lounge, or House offices may pass through the House halls when traveling to
and from an authorized destination.
(5) An administrative assistant to a representative who is a not a House intern is not
permitted to use or be issued an access badge that grants access to the House floor, House
lounge, House offices, House conference rooms, or House hallways.
Section 5. 
HR2-4-102
 is amended to read:
HR2-4-102.
Representatives' chairs and seating on the House floor.
(1) No one other than the speaker may occupy the chair or use the desk of the speaker,
without the speaker's authorization.
(2) When the House is convened in session, only the representative assigned to a desk
and chair may occupy the chair or use the desk, except that a legislator may sit in the chair of
another legislator.
(3) [
When
] 
In accordance with 
HR2-4-101.2
, when
 the House is convened in session, a
representative may invite one individual to sit next to the representative on the House floor[
, if
the representative complies with the requirements of 
HR2-4-101.2
 and the invited individual
is:
]
.
[
(a) another legislator;
]
[
(b) a member of House or Senate staff;
]
[
(c) a member of professional legislative staff;
]
[
(d) a House intern;
]
[
(e) a member of the representative's immediate family;
]
[
(f) a constituent who resides in the representative's district; or
]
[
(g) a special guest who is authorized to access the House floor under
HR2-4-101.2
(5).
]
Section 6. 
HR3-2-202
 is amended 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.
(5) The chair, or the vice chair as authorized under Subsection (4), may designate a
member of the committee to conduct a standing committee meeting [
when neither the chair nor
the vice chair is able to attend a meeting
].
(6) A committee member designated under Subsection (5) may conduct a committee
meeting but may not perform the duties of a chair described in 
HR3-2-302
 and 
HR3-2-303
.
Section 7. 
HR3-2-317
 is amended 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
] 
HR3-2-507
, a committee member may:
(a) make a point of order; or
(b) appeal the decision of the chair.
Section 8. 
HR3-2-406
 is amended to read:
HR3-2-406.
Amending legislation -- Verbal amendments -- Amendments must be
germane.
(1) (a) Except as provided in Subsection (2), and if recognized by the chair during 
the
sponsor presentation phase or
 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 15 or fewer words.
(ii) Before proposing a motion to amend, a committee member shall ensure that a
proposed amendment that contains more than 15 words is printed and distributed to committee
staff and to all committee members present.
(iii) Each word inserted shall count as one of the 15 words permitted under a verbal
amendment, except that:
(A) numbering shall not be counted as a word;
(B) instructions to delete a word or words shall not count as a word; and
(C) a word or an exact phrase that is inserted in multiple locations shall only be
counted for the first insertion. 
(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 9. 
HR3-2-407
 is amended 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
] 
a substitute
 is not
germane to the subject of the legislation may make a point of order or appeal as described in
HR3-2-507
.
Section 10. 
HR3-2-510
 is amended 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[
.
]
;
(e) postpone legislation to a day certain; or
(f) postpone legislation indefinitely.
Section 11. 
HR3-2-511
 is amended 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 12. 
HR4-4-203
 is amended to read:
HR4-4-203.
Motion to lift legislation from committee.
(1) 
(a)
 [
A
] 
Except as provided in Subsection (1)(b), a
 representative may make a
motion to lift legislation from a standing committee or the House Rules Committee and place it
on the third reading calendar.
(b) A representative may not make a motion under Subsection (1)(a) if the legislation
was tabled by a standing committee.
(2) Except as provided in Subsections (3) and (4), a motion to lift legislation from a
standing committee or the House Rules Committee may be approved with a majority vote of
the members present.
[
(3) (a) A motion to lift legislation that was tabled by a standing committee requires a
vote of two-thirds of the members present.
]
[
(b)
] 
(3)
 A motion to lift legislation that failed to pass a standing committee motion to
send the legislation to the second reading calendar requires a vote of two-thirds of the members
present.
(4) A motion to lift legislation during the 43rd, 44th, and 45th day of the annual
general session, and during any special session, requires a vote of two-thirds of the members
present.
(5) If a motion to lift legislation is approved, the presiding officer shall direct that the
legislation be placed on the third reading calendar.
Section 13. 
 Coordinating H.R. 4 with H.R. 2 -- Superseding technical and
substantive amendments.
If this H.R. 4 and H.R. 2, House Rules Resolution - House Floor Conduct, both pass, it
is the intent of the House of Representatives that the amendments to 
HR2-4-101.2
 and
HR2-4-102
 in this resolution supersede the amendments to 
HR2-4-101.2
 and 
HR2-4-102
 in
H.R. 2 when the Office of Legislative Research and General Counsel prepares the Legislative
Rules database for publication.