Rep. Norm Thurston — Voting Record

Bill

Number

H.R. 4 First Substitute (2023GS)

Sponsor

Rep. Dunnigan, J.

Final action

House/ to Lieutenant Governor 3/13/2023

Outcome

House/ to Lieutenant Governor

Summary

Every vote on this bill

Bill text

HOUSE RULES RESOLUTION - AMENDMENTS TO HOUSE
RULES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
LONG TITLE
General Description:
This resolution modifies legislative rules governing the House of Representatives.
Highlighted Provisions:
This resolution:
▸ modifies references to members of House staff;
▸ prohibits a standing committee from reviewing legislation without an approved
fiscal note;
▸ amends the circumstances under which a standing committee may recommend
legislation be placed on the consent calendar;
▸ allows a standing committee member to make a motion to recess without a quorum
present;
▸ prohibits a representative from reading a written speech or using a display, exhibit,
demonstration, or prop during debate on the House floor; and
▸ makes corrections to House rules, including eliminating obsolete language and
clarifying existing requirements.
Special Clauses:
This resolution provides a coordination clause.
Legislative Rules Affected:
AMENDS:
HR1-4-201
HR1-4-202
HR1-5-201
HR1-5-202
HR1-5-301
HR3-1-101
HR3-1-102
HR3-1-103
HR3-2-306
HR3-2-310
HR3-2-318
HR3-2-319
HR3-2-401
HR3-2-402
HR3-2-405
HR3-2-406
HR3-2-408
HR3-2-510
HR4-2-201
HR4-4-101
HR4-4-201
HR4-4-202
HR4-4-301
HR4-4-501
HR4-6-105.5
HR4-7-102
HR4-7-104
HR4-8-104
HR4-9-101
HR4-9-103
ENACTS:
HR1-4-301
HR1-4-302
REPEALS AND REENACTS:
HR1-4-101
HR1-4-102
Legislative Rules Affected by Coordination Clause:
 HR3-3-101
Be it resolved by the House of Representatives of the state of Utah:
Section 1. 
HR1-4-101
 is repealed and reenacted to read:
Part 1. House Chief of Staff
HR1-4-101.
Appointment of the House chief of staff.
The speaker or speaker-elect of the House shall appoint an individual to serve as chief
of staff of the House.
Section 2. 
HR1-4-102
 is repealed and reenacted to read:
HR1-4-102.
Duties of the House chief of staff.
The chief of staff shall perform duties as assigned by the speaker or speaker-elect.
Section 3. 
HR1-4-201
 is amended to read:
HR1-4-201.
Appointment of sergeant-at-arms.
[
The speaker or speaker-elect of the House
] 
The chief of staff or the chief of staff's
designee
 shall appoint a person to serve as sergeant-at-arms of the Utah House of
Representatives.
Section 4. 
HR1-4-202
 is amended to read:
HR1-4-202.
Duties of the sergeant-at-arms.
[
The
] 
Subject to the chief of staff's or the chief of staff's designee's direction, the
sergeant-at-arms and the employees under the sergeant's direction shall:
(1) maintain security in areas controlled by the House;
(2) enforce the House Rules [
at the direction of the presiding officer of the House
];
(3) enforce the [
provision
] 
provisions
 of Utah Code Title 26, Chapter 38, Utah Indoor
Clean Air Act, in areas controlled by the House;
(4) when the House is convened in annual general session or special session, receive
and, in coordination with [
the chief clerk
] 
House staff
, transmit written messages to
representatives on the House floor from or on behalf of individuals who are present at the
capitol; and
(5) provide other service as requested by the [
chief clerk
] 
chief of staff
 or the speaker.
Section 5. 
HR1-4-301
 is enacted to read:
Part 3. Chief Clerk of the House
 HR1-4-301.
Appointment of the chief clerk.
(1) The speaker or speaker-elect of the House shall appoint an individual to serve as
chief clerk of the House.
(2) The chief clerk reports to the chief of staff.
Section 6. 
HR1-4-302
 is enacted to read:
 HR1-4-302.
Duties of the chief clerk.
The chief clerk shall perform the following duties:
(1) certify and transmit legislation to the Senate and inform the Senate of all House
action;
(2) assist in the preparation of the House Journal and certify it as an accurate reflection
of House action;
(3) make the following technical corrections to legislation either before or following
final passage:
(a) correct the spelling of words;
(b) correct the erroneous division and hyphenation of words;
(c) correct mistakes in numbering sections and their references;
(d) capitalize words or change capitalized words to lower case;
(e) change numbers from words to figures or from figures to words; or
(f) underscore or remove underscoring in legislation without a motion to amend;
(4) modify the long title of a piece of legislation to ensure that the long title accurately
reflects any changes to the legislation made by amendment or substitute;
(5) act as custodian of all official documents related to legislation;
(6) receive all numbered legislation from the Office of Legislative Research and
General Counsel;
(7) record the number, title, sponsor, each action, and final disposition of each piece of
legislation on the back of the legislation;
(8) prepare and distribute the daily order of business each day;
(9) advise the speaker on parliamentary procedure, Joint Rules, and House Rules;
(10) assist with amendments to legislation;
(11) record votes and, if requested, present the results to the speaker;
(12) record the votes of any member who is present in the House chamber who
requests assistance of the chief clerk;
(13) transmit all enrolled House bills and House concurrent resolutions to the
governor;
(14) approve material for placement on the representatives' desks if a representative has
authorized that distribution;
(15) maintain all calendars for the House floor; and
(16) other duties as assigned by the chief of staff.
Section 7. 
HR1-5-201
 is amended to read:
HR1-5-201.
Scheduling guest speakers.
(1) As used in this rule:
(a) "Guest speaker" means a person who is scheduled to address the House of
Representatives who is not a representative.
(b) "Guest speaker" does not include:
(i) a person who is called to address the House on a particular piece of legislation or
issue under consideration by the House; or
(ii) a representative's introduction or acknowledgment of a visitor or special guest who
does not address the House.
(2) Before a guest speaker may address the House, the [
chief clerk, under the direction
of the speaker,
] 
speaker
 must schedule the guest speaker for a time certain on the House daily
order of business.
Section 8. 
HR1-5-202
 is amended to read:
HR1-5-202.
Executive session.
(1) The House of Representatives shall comply with the requirements of Utah Code
Title 52, Chapter 4, Open and Public Meetings Act, when holding an executive session.
(2) When the House of Representatives approves a motion to go into executive session,
the sergeant-at-arms shall close the House chamber doors.
(3) The presiding officer may require that all persons, except the representatives[
, chief
clerk, journal clerk, and sergeant-at-arms
] 
and specified staff
 leave the chamber, halls, gallery,
and lounge.
(4) During the executive session, everyone present must remain within the chamber.
(5) Everyone present shall keep all matters discussed in executive session confidential.
(6) During the executive session, those within the chamber may not communicate with
anyone outside the chamber by verbal, written, electronic, or any other means.
Section 9. 
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
]
presiding officer
 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 10. 
HR3-1-101
 is amended to read:
HR3-1-101.
House Rules Committee -- Appointment -- General responsibilities.
(1) The speaker shall appoint members of the House of Representatives to serve on the
House Rules Committee.
(2) The House Rules Committee shall perform the following functions as further
elaborated in this part:
(a) receive introduced legislation from the House and recommend that the legislation
be assigned to a House standing committee or to the House third reading calendar;
(b) receive legislation from the House that has been sent back to the House Rules
Committee from the third reading calendar, and recommend to the House which legislation
should be assigned to the third reading calendar and the order in which it should be heard; and
(c) function as a standing committee or interim committee when reviewing Joint Rules,
[
Interim Rules,
] House Rules, or other legislation.
Section 11. 
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 the legislation:
(A) has received a favorable recommendation from a House standing committee;
(B) is exempted from the House standing committee review requirements under
HR3-2-401
; 
or
(C) has received a favorable recommendation from the House Rules Committee
meeting as a standing committee as permitted under 
HR3-1-101
; or
[
(D) 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)
] 
(3)
 In carrying out the House Rules Committee's functions and responsibilities
under this rule, the 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)
] 
(4)
 The House Rules Committee may recommend a time certain for floor
consideration of any legislation when [
it
] 
the legislation
 is reported out of the House Rules
Committee, or at any other time.
[
(6)
] 
(5)
 When the House Rules Committee is carrying out the committee's functions
and responsibilities under this rule, the committee shall:
(a) when the Legislature is in session, give notice of the committee's 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 the committee's agenda all legislation in the committee's 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)
] 
(6)
 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 12. 
HR3-1-103
 is amended to read:
HR3-1-103.
House Rules Committee -- Standing and interim committee duties.
(1) The House Rules Committee has all the powers, functions, and duties of a standing
committee or interim committee when it reviews proposed House Rules, [
Interim Rules,
] Joint
Rules resolutions, or other legislation.
(2) Any rules resolutions or legislation reviewed and approved by the House Rules
Committee may be reported directly to the House for [
its approval, amendment, or disapproval
]
consideration
.
(3) When meeting as a standing committee or interim committee under this rule,
[
persons
] 
individuals
 other than committee members may address the committee at the
discretion of the chair.
(4) When meeting as a standing committee or interim committee under this rule, the
House Rules Committee shall comply with the provisions of Utah Code Title 52, Chapter 4,
Open and Public Meetings Act.
Section 13. 
HR3-2-306
 is amended to read:
HR3-2-306.
Sponsor presentation.
(1) 
(a)
 Except as provided in Subsection (2), during the presentation phase, a
committee member may not amend legislation, substitute legislation, or dispose of legislation.
(b)
 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 legislative sponsor to present the sponsor's legislation; and
(b) except as provided in Subsection (4), and at the election of the legislative sponsor,
permit [
persons
] 
individuals
 who have expertise on the legislation to assist with the
presentation as provided in 
HR3-2-304
.
(4) The chair may not permit a legislative intern or a legislative aide to present
legislation.
Section 14. 
HR3-2-310
 is amended 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 
without a motion
; or
(c) request assistance from:
(i) the sergeant-at-arms; or
(ii) the Utah Highway Patrol.
Section 15. 
HR3-2-318
 is amended 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
] 
committee
disposed of the legislation
.
Section 16. 
HR3-2-319
 is amended to read:
HR3-2-319.
Chair to ensure integrity of minutes -- Retention of minutes.
(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)
] 
(2)
 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 17. 
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 at
an interim committee meeting
] 
is a committee bill as defined in 
JR7-1-101
 that:
(i) received its favorable recommendation by a unanimous vote of the members present
at the authorized legislative committee; and
(ii) satisfied the posting requirements described in 
JR7-1-602.5
;
(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 18. 
HR3-2-402
 is amended to read:
HR3-2-402.
Standing committee review of legislation with a fiscal impact.
(1) (a) A standing committee may not review legislation unless the legislation has an
approved fiscal note.
(b) Notwithstanding Subsection (1)(a), a standing committee may consider a substitute
not previously adopted, regardless of whether the substitute has an approved fiscal note.
(2)
 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 19. 
HR3-2-405
 is amended to read:
HR3-2-405.
Consent calendar -- Nonbinding resolutions -- Committee
recommendations.
(1) As used in this 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 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; 
and
(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 20. 
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) 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 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 21. 
HR3-2-408
 is amended 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
] 
presiding officer
 shall send the tabled legislation to the House Rules Committee for
filing.
(5) After tabled legislation is sent to the House Rules Committee for filing, a
representative may not make a motion to:
(a) lift the tabled legislation from the House Rules Committee and place it on the third
reading calendar; or
(b) lift the tabled legislation from the House Rules Committee and refer it to a standing
committee for consideration.
Section 22. 
HR3-2-510
 is amended to read:
HR3-2-510.
Prohibited motions.
(1) (a) Except for a motion to adjourn 
or a motion to recess
, 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 
or a motion to recess
 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;
(d) place legislation on a time certain calendar;
(e) postpone legislation to a day certain; or
(f) postpone legislation indefinitely.
Section 23. 
HR4-2-201
 is amended to read:
HR4-2-201.
Point of order.
(1) (a) If a representative believes that there has been a breach of order, a breach of
rules, or a breach of established parliamentary practice, the representative may rise and,
without being recognized, state: "point of order."
(b) When a representative raises a point of order:
(i) the presiding officer shall interrupt the proceedings;
(ii) the representative who has the floor shall yield the floor; and
(iii) the presiding officer shall ask the representative raising the point of order to "state
your point."
(c) When the presiding officer responds "state your point," the representative shall
briefly explain the alleged breach to the body, citing to appropriate authority if possible.
(2) (a) The presiding officer may:
(i) speak to points of order in preference to other representatives rising for that
purpose;
(ii) rule on the point of order immediately;
(iii) consult with [
the chief clerk
] 
staff
, the parliamentarian, or both before ruling on
the point of order; or
(iv) suggest that the House recess until the presiding officer can research and rule on
the point of order.
(b) (i) Although points of order are generally decided without debate, the presiding
officer may submit the point of order to the House for decision in doubtful cases.
(ii) If submitted to the House for decision, a presiding officer shall allow debate or
discussion on the point of order by recognizing members of the House who wish to speak to the
point of order.
(iii) A decision by the House deciding a point of order is not subject to appeal.
(3) When the presiding officer rules on the point of order, any representative who
disagrees with the presiding officer's decision may appeal that decision to the House by
following the procedures and requirements of 
HR4-2-202
.
Section 24. 
HR4-4-101
 is amended to read:
HR4-4-101.
Committee reports -- Second reading calendar.
(1) [
The chief clerk of the House or the chief clerk's designee
] 
House staff
 shall:
(a) read to the House each standing committee report submitted to the House; and
(b) read the legislation by title unless the House suspends this requirement by a
two-thirds vote.
(2) (a) If the House passes a motion to adopt the committee report, the amendments
and substitutes adopted by the committee and identified on the committee report become
legally part of the legislation.
(b) If a motion to adopt the committee report fails, the [
chief clerk
] 
presiding officer
shall return the legislation to the House Rules Committee.
(3) A majority vote of the House is required to:
(a) approve a motion to adopt the committee report; and
(b) pass the legislation on second reading to the third reading or consent calendar.
(4) The placement of a piece of legislation on a House reading calendar is the second
reading of that legislation.
Section 25. 
HR4-4-201
 is amended to read:
HR4-4-201.
Third reading calendar -- Procedures.
(1) (a) For the third reading on a piece of legislation, [
the chief clerk of the House or
the chief clerk's designee
] 
House staff
 shall read the legislation by title unless the House
suspends this requirement by a two-thirds vote.
(b) (i) After reading the title of the legislation, [
the chief clerk or the chief clerk's
designee
] 
House staff
 shall identify the House standing committee that reviewed the legislation
and the vote in that committee.
(ii) If the legislation has not been reviewed by a House standing committee, [
the chief
clerk or the chief clerk's designee
] 
House staff
 shall announce that the legislation was not
reviewed by a House standing committee.
(2) When [
the chief clerk or the chief clerk's designee
] 
House staff
 has completed the
third reading of the legislation, the legislation is before the House for debate.
(3) When debate on the legislation is complete, the presiding officer shall take the final
vote on the legislation.
Section 26. 
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 
JR4-5-101
;
(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 
or the presiding officer
;
(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 27. 
HR4-4-301
 is amended to read:
HR4-4-301.
Consent calendar.
(1) The [
chief clerk or the chief clerk's designee
] 
presiding officer
 shall place
legislation on the consent calendar if:
(a) a standing committee report recommends that the legislation be placed on the
consent calendar and the standing committee report is adopted by the House; or
(b) the legislation is a nonbinding resolution as provided in 
HR3-2-405
.
(2) If the chief clerk receives written objections to a piece of legislation from six or
more representatives, the chief clerk shall:
(a) remove the legislation from the consent calendar;
(b) inform the sponsor that the legislation has been removed from the consent calendar;
and
(c) place the legislation at the bottom of the third reading calendar.
(3) When legislation is removed from the consent calendar, the presiding officer shall
inform the House of its removal.
(4) (a) If, after two calendar days, no more than five members have registered written
objections to the legislation with the chief clerk:
(i) the legislation shall be read the third time;
(ii) the presiding officer shall grant the sponsor of the legislation two minutes to
introduce and explain the legislation; and
(iii) the presiding officer shall pose the question and take the final vote on the
legislation.
(b) The presiding officer may not allow debate on legislation on the consent calendar.
(5) (a) If the representative sponsoring the legislation on the consent calendar is absent
from the floor when the legislation is ready to be read for the third time and considered for
passage, a representative may make a motion to circle the legislation.
(b) If the motion to circle is successful and the representative sponsoring the legislation
has not moved to uncircle the legislation before floor time is recessed or adjourned, the bill
shall be placed on the bottom of the third reading calendar.
Section 28. 
HR4-4-501
 is amended to read:
HR4-4-501.
Time certain calendar.
The [
chief clerk or the clerk's designee
] 
presiding officer
 shall place on the time certain
calendar legislation or other matters approved by the House for a time certain under:
(1) 
HR1-5-301
; or
(2) other rules allowing matters to be set for a time certain.
Section 29. 
HR4-6-105.5
 is amended to read:
HR4-6-105.5.
Prohibited references during debate.
(1)
 During debate on the House floor, a representative may not
:
(a)
 allude to or discuss what was done or said in committee in relation to the legislation
under debate, except that a representative may allude to or discuss information contained on a
House or Senate committee report[
.
]
;
(b) use a display, exhibit, demonstration, or prop, including an individual who is
present on the House floor, to illustrate the representative's remarks or to emphasize the
representative's position; or
(c) read from a written, prepared speech.
(2) During debate on the House floor, a representative may use notes when delivering a
speech.
(3) Nothing in this rule affects a representative's ability to seek approval in accordance
with 
HR1-4-302
(14) to have material placed on the representatives' desks.
Section 30. 
HR4-7-102
 is amended to read:
HR4-7-102.
Number of votes required for passage.
Unless otherwise specified in these rules:
(1) each piece of legislation requires a constitutional majority vote -- 38 votes -- to
pass;
(2) amendments to the Utah Constitution, legislation 
described in Utah Constitution,
Article VI, Section 25
 that is intended to take effect earlier than 60 days after adjournment of
the session in which it passes, amendments to court rules, and certain motions specified in
these rules require a constitutional two-thirds vote -- 50 votes -- to pass; and
(3) a motion requires a majority vote to pass.
Section 31. 
HR4-7-104
 is amended to read:
HR4-7-104.
Disturbing House staff during voting prohibited.
While an electronic vote or roll call vote is being taken, a person may not disturb or
remain by the desks of [
the chief clerk of the House, the docket clerk, the minute clerk, the
voting machine operator, or the public address system operator
] 
House staff conducting or
helping to conduct the roll call vote
.
Section 32. 
HR4-8-104
 is amended to read:
HR4-8-104.
Process for conducting a call of the House.
(1) During a call of the House:
(a) a representative present in the chamber may not leave the chamber; and
(b) the sergeant-at-arms or the sergeant's designees shall close the doors to the House
chamber.
(2) After ordering the call of the House, the presiding officer shall:
(a) [
in consultation with the chief clerk,
] identify any absent representatives; and
(b) provide the sergeant-at-arms with the names of those representatives who are
absent but who have not asked to be excused.
(3) The sergeant-at-arms or the sergeant's designees shall:
(a) search for the absent representatives;
(b) if they are found, escort them to the House chamber; and
(c) make a report to the House about the sergeant's efforts.
Section 33. 
HR4-9-101
 is amended to read:
HR4-9-101.
Motion to reconsider.
(1) As used in this 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 
to the chief clerk or the presiding
officer
.
(3) A representative may not make a motion to reconsider after the 42nd day of the
annual general session of the Legislature.
Section 34. 
HR4-9-103
 is amended to read:
HR4-9-103.
Rules governing motions to reconsider.
(1) A motion to reconsider takes precedence over all other motions and questions,
except a motion to adjourn.
(2) (a) Except as provided in Subsection (2)(b), a motion to reconsider is debatable.
(b) A motion to reconsider is nondebatable only if the action it seeks to reconsider is
nondebatable.
(3) When a motion to reconsider is made, the presiding officer shall:
(a) allow the proponents a total of five minutes to address the issue;
(b) allow the opponents a total of five minutes to address the issue; and
(c) allow the proponents one minute to sum up.
(4) (a) A motion to reconsider a vote on the final passage of a piece of legislation
requires approval by a constitutional majority of representatives.
(b) Upon adoption of a motion to reconsider and if the legislation is in possession of
the House, the [
chief clerk
] 
presiding officer
 shall ensure that the legislation is placed at the top
of the third reading calendar.
(c) The House may not reconsider a piece of legislation more than once.
Section 35. 
Coordinating H.R. 4 and H.R. 1 -- Substantive amendments.
If this H.R. 4 and H.R. 1, House Rules Resolution - House Committee Security, both
pass, it is the intent of the Legislature that the Office of Legislative Research and General
Counsel, in preparing the House Rules for publication, amend 
HR3-3-101
(2)(c) in H.R. 1 to
read:
"(c) recess the meeting without a motion; or".