Understanding Statutes
By E. Kent Rawley, DWR Conservation Officer
Laws and regulations governing the taking of protected wildlife
come from several sources. The volume of laws and rules pertaining
to wildlife can be confusing to the average sportsman. This article
explains the differences between rules, proclamations and statutes,
and how each originates.
Statutes
WILDLIFE RESOURCES CODE OF UTAH: Title 23, Chapters 13-26 comprise
the Wildlife Resources Code of Utah.
These are laws passed by the state Legislature that regulate any
activity pertaining to protected wildlife. These activities may
include fishing, hunting, trapping, taking, transporting, possessing,
selling, importing or exporting, propagating, or releasing to the
wild any protected wildlife in the state.
How a Bill Becomes Law
Bills may originate in either the House of Representative or the
Senate. The following example illustrates how a bill originating
in the House of Representative becomes law:
A representative submits a request for legislation to the Office
of Legislative Research and General Council, after being contacted
by a constituent or organization, such as the Division of Wildlife
Resources. An attorney drafts the legislation.
The bill is introduced by title and read in the House of Representatives.
This is called the first reading. The bill is then referred to the
House Rules Committee, where it is examined for proper form and
fiscal impact. The Rules Committee recommends to the Speaker of
the House which standing committee the bill should be sent to.
The standing committee then reviews the bill and may amend, hold,
table, substitute or make favorable recommendations on the bill.
The standing committee report is read to the House of Representatives
and adopted by motion. This is considered the second reading of
three constitutionally required readings.
The bill is then placed on the calendar for the third reading.
The bill is read to the House by title a third time and the sponsoring
legislator explains the bill and answers any questions. Other representatives
may speak and propose amendments to the bill at this time.
A motion for the "Previous question" closes debate and
stops further amendments to the bill. A majority vote is required
for the bill to pass. The bill is then sent to the Senate, where
it is read by title a first time and assigned to a standing committee
by the President of the Senate. The Senate standing committee may
amend, hold, table, substitute, or make favorable recommendations
on the bill. In the Senate, a motion for "previous question"
requires a majority vote in committee. The motion is not allowed
on the Senate floor.
The committee report is read to the Senate and the bill is placed
on the Second Reading Calendar. The bill is read a second time and
debated. It is voted upon and must pass in order to advance to the
third reading.
The bill is then read a third time and debated. To pass, a majority
vote is required. After the bill has passed both houses, it is signed
by both presiding officers and examined by the Office of Legislation
Research and General Council in a process called enrolling. The
office prepares the bill in final form, including all amendments,
and returns it to the House of Representatives.
The final bill is printed and sent to the governor for his signature.
A bill enacted at the legislative session becomes law 60 days following
adjournment, unless another date is specified within the bill.
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