Rep. Norm Thurston — Voting Record

Bill

Number

H.R. 2 (2021GS)

Sponsor

Rep. Hawkes, T.

Final action

House/ to Lieutenant Governor 3/15/2021

Outcome

House/ to Lieutenant Governor

Summary

Every vote on this bill

Bill text

HOUSE RULES RESOLUTION - TECHNICAL
CORRECTIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Timothy D. Hawkes
LONG TITLE
General Description:
This resolution modifies provisions of House legislative rules to make technical
corrections.
Highlighted Provisions:
This resolution:
▸ modifies parts of House legislative rules to make technical corrections, including
eliminating references to repealed rules provisions, eliminating redundant or
obsolete language, making minor wording changes, and correcting errors.
Special Clauses:
None
Legislative Rules Affected:
AMENDS:
HR1-1-101
HR1-5-301
HR2-2-106
HR2-4-103
HR2-5-101
HR3-1-102
HR3-2-312
HR3-2-401
HR3-2-405
HR3-2-406
HR4-1-101
HR4-3-301
HR4-4-202
HR4-7-101
HR4-8-101
HR4-9-101
Be it resolved by the House of Representatives of the state of Utah:
Section 1. 
HR1-1-101
 is amended to read:
HR1-1-101.
Adoption, amendment, or suspension of House Rules.
(1) The House of Representatives shall adopt House rules, by a constitutional
two-thirds vote, at the beginning of each new Legislature convening in odd-numbered years.
(2) Except as provided in this [
section
] 
rule
:
(a) (i) during an annual general session held in an even-numbered year, rules adopted
by the House of Representatives during the immediately preceding general session, as amended
during that general session and any intervening session, apply to the conduct of the House; and
(ii) during any special session, House rules apply as provided in JR2-1-101.
(b) for a session described in this Subsection (2), the chief clerk shall announce to the
House that the previously adopted rules apply to the newly convened session.
(3) Except as provided in Subsection (4), additional rules may be adopted and existing
rules may be suspended, amended, or repealed by a majority vote, except the following, which
require a two-thirds vote to adopt, suspend, amend, or repeal:
(a) rules governing limitation of debate;
(b) rules governing a motion to end debate (call the previous question);
(c) rules governing motions for lifting tabled legislation from committee;
(d) rules governing consideration of legislation during the last three days of a session;
and
(e) rules governing voting in Title 4, Chapter 7, Voting.
(4) (a) A rule that includes a voting requirement of more than a constitutional majority
must be adopted and may only be amended, suspended, or repealed by a constitutional
two-thirds vote of all representatives.
(b) If the suspension of any House rule is governed by the Utah Constitution or Utah
statutes, the House may suspend that rule only as provided by that constitutional or statutory
provision.
(5) If a motion to adopt the rules under Subsection (1) meets or exceeds a majority vote
but fails to reach a constitutional two-thirds vote:
(a) rules adopted by the House of Representatives during the immediately preceding
general session, as amended during that general session and any intervening session, apply to
the conduct of the House; and
(b) the chief clerk shall announce to the House that the previously adopted rules apply
to the newly convened Legislature.
Section 2. 
HR1-5-301
 is amended to read:
HR1-5-301.
Special order of business -- Time certain.
(1) (a) Except as provided in Subsection (2), a representative may make a motion, or
the House Rules committee may recommend, that a piece of legislation become a special order
of business on the time certain calendar.
(b) If the motion is approved by a majority of the members present, the chief clerk shall
place the legislation on the time certain calendar.
(2) A motion to place a piece of legislation as a special order of business on the time
certain calendar may not be made if the legislation has not yet been placed on the third reading
calendar 
or the consent calendar
.
(3) At the time set for consideration of the legislation, the presiding officer shall place
the legislation before the House.
Section 3. 
HR2-2-106
 is amended to read:
HR2-2-106.
Smoking and electronic cigarettes prohibited.
(1) As used in this [
section
] 
rule
, "electronic cigarette" means any device, other than a
combustible cigarette or cigar, intended to deliver vapor containing nicotine into a person's
respiratory system.
(2) A person may not smoke or use an electronic cigarette in the House chamber or
other house controlled areas.
(3) The sergeant-at-arms shall enforce this rule.
Section 4. 
HR2-4-103
 is amended to read:
HR2-4-103.
Prohibitions on lobbying and fundraising.
(1) As used in this [
section
] 
rule
, "fundraising" means:
(a) the solicitation of a monetary contribution for any purpose; or
(b) the announcement or promotion of an event that has as one of its purposes the
collection of funds by means of a monetary contribution.
(2) Lobbying is prohibited on the House floor as provided under 
HR2-4-101.2
.
(3) (a) Distribution of literature or any other information that announces or promotes
fundraising is prohibited on the House floor.
(b) Notwithstanding Subsection (3)(a), a verbal announcement that involves or relates
to fundraising is permitted on the House floor if the announcement is:
(i) publicly made to all members on the House floor; and
(ii) an official announcement from the third house or authorized by the speaker of the
House.
Section 5. 
HR2-5-101
 is amended to read:
HR2-5-101.
Representatives may request and sponsor legislation -- Substituting a
sponsor -- Withdrawing as a cosponsor.
(1) A representative may request and sponsor legislation as provided in Joint Rules
Title 4, Bills and Resolutions.
(2) (a) After a piece of legislation has been introduced, the chief representative sponsor
of the legislation may withdraw from sponsoring the legislation by:
(i) finding another representative to act as chief sponsor of the legislation; and
(ii) filing a substitution of sponsorship form with the chief clerk before final passage of
the legislation in the House.
(b) A representative seeking to withdraw as the chief sponsor need not obtain
permission from the House to withdraw.
(3) (a) [
Before
] 
During a general session, before
 final passage of [
the
] 
a piece of
legislation in the House, a representative cosponsor of [
a bill
] 
the legislation
 may withdraw as a
cosponsor [
of that legislation
].
(b) A representative seeking to withdraw as a cosponsor need not:
(i) obtain permission from the House to withdraw; or
(ii) provide a substitute cosponsor for the legislation.
Section 6. 
HR3-1-102
 is amended to read:
HR3-1-102.
 House Rules Committee -- Assignment duties.
(1) The presiding officer shall submit all legislation introduced in the House of
Representatives to the House Rules Committee.
(2) For all legislation not specified in HR3-1-103 that is referred to the House Rules
Committee, the committee shall examine the legislation referred to it for proper form,
including fiscal note and committee note, if any, and either:
(a) refer the legislation to the House with a recommendation that the legislation be:
(i) referred to a standing committee for consideration; or
(ii) read the second time and placed on the third reading calendar if:
(A) the bill has received a favorable recommendation from a House standing
committee;
(B) the bill is exempted from the House standing committee review requirements under
HR3-2-401
;
(C) the bill has received a favorable recommendation from the House Rules Committee
meeting as a standing committee as permitted under 
HR3-1-101
;
(D) if the legislation is a nonbinding resolution as defined in HR3-2-405, read the
second time and placed on the consent calendar; or 
(E) the legislation was approved by a unanimous vote of 
the members present at
 an
interim committee 
meeting
 and met the posting requirements of 
JR7-1-602.5
; or
(b) hold the legislation.
(3) If the chair of the House Rules Committee receives a summary report from the
Occupational and Professional Licensure Review Committee related to newly regulating an
occupation or profession within the two calendar years immediately preceding the session in
which a piece of legislation is introduced related to the regulation by the Division of
Occupational and Professional Licensing of that occupation or profession:
(a) the chair of the House Rules Committee shall ensure that the House Rules
Committee is informed of the summary report before the House Rules Committee takes action
on the legislation; and
(b) if the House Rules Committee refers the legislation to the House as provided for in
Subsection (2)(a):
(i) the Office of Legislative Research and General Counsel shall make the summary
report reasonably available to the public and to legislators; and
(ii) if the legislation is referred to a standing committee, the House Rules Committee
shall forward the summary report to the standing committee.
(4) In carrying out its functions and responsibilities under this rule, the House Rules
Committee may not:
(a) table legislation without the written consent of the sponsor;
(b) report out any legislation that has been tabled by a standing committee;
(c) amend legislation without the written consent of the sponsor; or
(d) substitute legislation without the written consent of the sponsor.
(5) The House Rules Committee may recommend a time certain for floor consideration
of any legislation when it is reported out of the House Rules Committee, or at any other time.
(6) When the committee is carrying out its functions and responsibilities under this
rule, the committee shall:
(a) when the Legislature is in session, give notice of its meetings according to the
requirements of 
HR3-1-106
;
(b) when the Legislature is not in session, post a notice of meeting at least 24 hours
before the meeting convenes;
(c) have as its agenda all legislation in its possession for assignment to committee or to
the House calendars; and
(d) prepare minutes that include a record, by individual representative, of votes taken.
(7) [
Rules committee
] 
House Rules Committee
 meetings are open to the public, but
comments and discussion are limited to members of the committee and the committee's staff. 
Section 7. 
HR3-2-312
 is amended 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
] 
ensure a copy of
 each written amendment or substitute [
to
members of the committee
] 
is available online
.
(3) When a chair properly accepts a motion under Subsection (2), the motion is
pending.
Section 8. 
HR3-2-401
 is amended to read:
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 
the members present
 an
interim committee 
meeting
;
(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 53F, Chapter 2, State Funding -- Minimum School
Program;
(iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
(iv) authorizes the issuance of general obligation or revenue bonds.
Section 9. 
HR3-2-405
 is amended to read:
HR3-2-405.
Consent calendar -- Nonbinding resolutions -- Committee
recommendations -- Licensure review reports.
(1) As used in this [
section
] 
rule
, "nonbinding resolution":
(a) means a resolution that:
(i) is primarily for the purpose of recognizing, honoring, or memorializing an
individual, group, or event;
(ii) requests, rather than compels, action or awareness by an individual or group; or
(iii) is informational or promotional in nature; and
(b) does not mean:
(i) a rules resolution;
(ii) a resolution for a constitutional amendment; or
(iii) any resolution that approves or authorizes any action, requires any substantive
action to be taken, or results in a change in law, policy, or funding.
(2) (a) A nonbinding resolution shall be placed on the consent calendar.
(b) A nonbinding resolution may be moved to the time certain calendar or other
calendar by a majority vote of those present.
(3) A standing committee may recommend that legislation in [
its
] 
the standing
committee's
 possession be placed on the consent calendar if:
(a) the committee approves a motion, by a unanimous vote of those present, to give the
legislation a favorable recommendation;
(b) immediately subsequent to that action, the committee approves a separate motion,
by a unanimous vote of those present, to recommend that the legislation be placed on the
consent calendar; and
(c) the legislation has a fiscal note that is less than $10,000.
(4) 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 10. 
HR3-2-406
 is amended to read:
HR3-2-406.
Amending legislation -- Verbal amendments -- Amendments must be
germane.
(1) (a) Subject to Subsection (2) and 
HR3-2-306
, 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
] 
Unless the amendment contains 15 or fewer words, before
 proposing a
motion to amend, a committee member shall ensure that a 
copy of the
 proposed amendment
[
that contains more than 15 words is printed and distributed to committee staff and to all
committee members present
] 
is available online
.
(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 11. 
HR4-1-101
 is amended to read:
HR4-1-101.
Definitions.
As used in this title:
(1) "Appropriations bill" means a bill that appropriates money and makes no change to
statute.
(2) "Constitutional majority vote" means that the matter requires at least 38 votes to
pass on the House floor.
(3) "Constitutional two-thirds vote" means that the matter requires at least 50 votes to
pass on the House floor.
(4) "Majority vote" means that the matter requires the votes of at least a majority of a
quorum to pass on the House floor.
(5) "Two-thirds vote" means that the matter requires the vote of at least two-thirds of a
quorum to pass on the House floor.
(6) "Point of order" means a question raised by a representative about whether or not
there has been a breach of order, a breach of rules, or a breach of established parliamentary
practice.
(7) "Presiding officer" means the person presiding over the Utah House of
Representatives and includes:
(a) the speaker;
(b) the speaker pro tempore; and
(c) any representative presiding under 
HR1-3-103
.
(8) "Quorum" means that at least 38 members of the House of Representatives are
present.
Section 12. 
HR4-3-301
 is amended to read:
HR4-3-301.
Amendments in order on third reading -- 15 word rule -- Passage of
amendments by a majority vote.
(1) A motion to amend a piece of legislation is in order on third reading.
(2) (a) A representative may verbally propose an amendment to legislation if the
amendment contains 15 
or fewer
 words [
or less
].
(b) [
A
] 
Unless the amendment contains 15 or fewer words, before a representative
makes a motion to amend, the
 representative shall ensure that a 
copy of the
 proposed
amendment [
containing more than 15 words is printed on pink paper and available to the chief
clerk and each representative present before the motion to amend is made
] 
is available online
.
(c) Each word inserted shall count as one of the 15 words permitted under a verbal
amendment, except that:
(i) numbering shall not be counted as a word;
(ii) instructions to delete a word or words shall not count as a word; and
(iii) a word or an exact phrase that is inserted in multiple locations shall only be
counted for the first insertion. 
(3) A constitutional amendment, resolution, or bill requiring a constitutional two-thirds
vote for final passage, may be amended by a majority vote.
(4) When legislation is amended by the House, the chief clerk shall:
(a) for each page of the legislation modified by a House amendment, cause a new page
to be printed that clearly identifies each House amendment to that page; and
(b) print that new page on lilac-colored paper.
Section 13. 
HR4-4-202
 is amended to read:
HR4-4-202.
Disposition of legislation voted on third reading.
(1) Except as provided in Subsection (2), the chief clerk or the chief clerk's designee
shall:
(a) for a piece of House legislation passed by the House on third reading but not yet
acted upon by the Senate, transmit the House legislation to the Senate for its further action;
(b) for a piece of House legislation that fails to pass the House on third reading, file the
legislation;
(c) for a piece of House legislation that has passed both houses, follow the procedures
and requirements of [
JR4-6-101
(1)(b)
] 
JR4-5-101
;
(d) for a piece of Senate legislation passed by the House on third reading and not
amended or substituted in the House, transmit the Senate legislation to the presiding officer of
the House for the presiding officer's signature and return the legislation to the Senate for the
signature of the president of the Senate;
(e) for a piece of Senate legislation passed by the House on third reading that was
amended or substituted in the House, transmit the legislation to the Senate with the
amendments or substitute for further action by the Senate; and
(f) for a piece of Senate legislation that fails to pass the House on third reading,
transmit the legislation to the Senate with notice of the House's action.
(2) (a) The chief clerk shall ensure that the House retains possession of a piece of
legislation for no more than one legislative day when:
(i) a representative gives notice of intention to move for reconsideration to the chief
clerk;
(ii) a representative requests that the chief clerk hold the legislation; or
(iii) the House passes a motion to retain possession of the legislation.
(b) When a representative moves for reconsideration or requests a hold under
Subsection (2)(a)(i) or (2)(a)(ii), the chief clerk shall give notice of the action to the speaker
and to the sponsor of the legislation.
(c) Notwithstanding the requirements of Subsection (2)(a), a piece of legislation may
be released earlier than 24 hours if the hold is released.
Section 14. 
HR4-7-101
 is amended to read:
HR4-7-101.
Definitions.
As used in this chapter:
(1) "Electronic vote" means that those representatives present vote using an electronic
system that records and tallies their votes.
(2) "Roll call vote" means a verbal voting process where:
(a) the chief clerk or the chief clerk's designee verbally calls the name of each
representative alphabetically, except the speaker, who is called last;
(b) each representative present votes "aye" or "no" when the representative's name is
called;
(c) the chief clerk or the chief clerk's designee:
(i) tallies the vote;
(ii) records those representatives who are absent or not voting; and
(iii) gives a copy of the tally to the presiding officer; and
(d) the presiding officer announces the result of the vote.
(3) "Voice vote" means a verbal voting process where the presiding officer:
(a) poses the question to be voted upon in this form: "Those in favor (of the question)
say aye." and "Those opposed, say no."; and
(b) based upon the representative's responses, announces that the question either passed
or failed.
Section 15. 
HR4-8-101
 is amended to read:
HR4-8-101.
Definitions.
[
"Call
] 
As used in this chapter, "call
 of the House" means the process by which the
House may compel absent representatives to be present in the House chamber.
Section 16. 
HR4-9-101
 is amended to read:
HR4-9-101.
Motion to reconsider.
(1) As used in this [
section
] 
rule
, "legislative day" means a day when the House of
Representatives convenes in the House chamber and conducts House business.
(2) (a) Except as provided in Subsection (3), when a question has been decided on the
floor of the House, a representative voting with the prevailing side may move for
reconsideration after intervening business.
(b) If the motion to reconsider is to reconsider passage of a piece of legislation, the
representative making the motion shall include the number and short title of the legislation as
part of the motion.
(c) If a motion for reconsideration is made on the floor of the House after a piece of
legislation has left the possession of the House, the chief clerk shall request that the legislation
be returned to the House.
(d) The presiding officer shall rule a motion for reconsideration out of order unless the
motion is made:
(i) before the 43rd legislative day;
(ii) before the House adjourns on the legislative day after the legislative day on which
the action sought to be reconsidered occurred; and
(iii) by a representative who previously served notice.
(3) A representative may not make a motion to reconsider after the 42nd day of the
annual general session of the Legislature.