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S.J.R. 13
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9 LONG TITLE
10 General Description:
11 This resolution allows a legislator to abstain from voting in certain circumstances.
12 Highlighted Provisions:
13 This resolution:
14 . requires that the number of legislators abstaining on final passage of legislation be
15 identified to certify passage;
16 . requires that House and Senate Journals record a vote to include the number absent
17 and abstaining;
18 . allows a legislator to abstain from voting if the legislator believes that the legislator
19 has a conflict of interest or another circumstance making it inappropriate to vote on
20 the matter;
21 . provides that a person who abstains from a vote is counted for a quorum but not for
22 a vote;
23 . provides procedures for abstaining;
24 . amends Joint Rules and Interim Rules to allow for an abstention from voting; and
25 . makes technical changes.
26 Special Clauses:
27 None
28 Legislative Rules Affected:
29 AMENDS:
30 IR3-2-102
31 IR3-3-103
32 JR1-3-102
33 JR3-2-302
34 JR3-2-401
35 JR4-6-101
36 ENACTS:
37 JR6-1-201.5
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39 Be it resolved by the Legislature of the state of Utah:
40 Section 1. IR3-2-102 is amended to read:
41 IR3-2-102. Voting Requirements.
42 (1) For the purpose of voting in a meeting[
43 (a) a majority is at least 50% in one house and more than 50% in the other[
44 (b) a person who abstains from voting:
45 (i) is not counted for the vote; and
46 (ii) may not be counted as either a yea or a nay vote.
47 (2) After the committee votes, the chair shall:
48 (a) determine whether the motion passed or failed;
49 (b) verbally announce that the motion passed or that the motion failed; [
50 (c) verbally identify by name either the committee members who voted "yes" or the
51 committee members who voted "no[
52 (d) verbally identify by name each committee member who abstained from voting.
53 Section 2. IR3-3-103 is amended to read:
54 IR3-3-103. Members Required to Vote.
55 Each committee member present at the committee meeting shall vote "yea" or "nay" on
56 each question put to a vote by the chair, except in the case of an abstention as provided under
57 JR6-1-201.5.
58 Section 3. JR1-3-102 is amended to read:
59 JR1-3-102. Senate and House Journals.
60 (1) Each house shall:
61 (a) keep a journal of its proceedings;
62 (b) publish the journal daily;
63 (c) ensure that its journal is continuous during the legislative session, with pages
64 numbered in consecutive order;
65 (d) ensure that the vote on final passage of each bill is [
66 upon the journal by yeas, nays, absents, and abstentions;
67 (e) ensure that the vote on any other question is [
68 the journal and at the request of five members of that house recorded by yeas, nays, absents,
69 and abstentions; and
70 (f) base the journal upon the record of the proceedings taken by the Reading or Docket
71 Clerk and the electronic recording of those proceedings.
72 (2) The Secretary of the Senate and the Chief Clerk of the House of Representatives
73 shall provide a final certification of the journal for their respective house.
74 Section 4. JR3-2-302 is amended to read:
75 JR3-2-302. Appropriation Subcommittees -- Created -- Membership -- Quorum
76 and Voting Requirements.
77 (1) The members of the Joint Appropriations Committee shall be divided into the
78 following subcommittees:
79 (a) Capital Facilities and Government Operations;
80 (b) Commerce and Workforce Services;
81 (c) Economic Development and Revenue;
82 (d) Executive Offices and Criminal Justice;
83 (e) Health and Human Services;
84 (f) Higher Education;
85 (g) Natural Resources;
86 (h) Public Education;
87 (i) Retirement and Independent Entities; and
88 (j) Transportation, Environmental Quality, and National Guard.
89 (2) Subject to Subsection (3), the President of the Senate and Speaker of the House
90 shall appoint their respective members to each subcommittee.
91 (3) The Retirement and Independent Entities Subcommittee shall have the same
92 members as the Retirement and Independent Entities Committee created in Section 63E-1-201 .
93 (4) (a) A majority of any appropriations subcommittee is a quorum for the transaction
94 of business.
95 (b) In determining a subcommittee quorum, a majority is at least 50% in one house and
96 more than 50% in the other.
97 (5) (a) In all decisions of the subcommittees, a majority vote prevails.
98 (b) A majority vote is at least 50% of the members of one house and more than 50% in
99 the other house in attendance.
100 (c) For the purpose of voting, a person who abstains from voting:
101 (i) is not counted for the vote; and
102 (ii) may not be counted as either a yea or a nay vote.
103 Section 5. JR3-2-401 is amended to read:
104 JR3-2-401. Executive Appropriations -- Creation -- Membership -- Quorum and
105 Voting Requirements.
106 (1) There is created an Executive Appropriations Committee consisting of 20 members
107 composed of:
108 (a) three members of the majority leadership of the Senate and four members of the
109 majority leadership of the House;
110 (b) two members of the minority leadership of the Senate and three members of the
111 minority leadership of the House;
112 (c) the chair and vice chair of the Senate Appropriations Committee and the chair and
113 vice chair of the House Appropriations Committee; and
114 (d) (i) one member from the majority party of the Senate as appointed by the President
115 of the Senate or as chosen by the Senate majority caucus;
116 (ii) two members from the minority party of the Senate as appointed by the Senate
117 minority leader or as chosen by the Senate minority caucus; and
118 (iii) one member from the minority party of the House as appointed by the House
119 minority leader or as chosen by the House minority caucus.
120 (2) A member of the Executive Appropriations Committee, whose membership is
121 determined under Subsection (1)(a) or (b), may appoint a designee to permanently serve in that
122 individual's place if:
123 (a) the person is a member of the majority party and the designee is approved by the
124 Speaker or the President; or
125 (b) the person is a member of the minority party and the designee is approved by the
126 House or Senate minority party leader.
127 (3) (a) A majority of the Executive Appropriations Committee is a quorum for the
128 transaction of business.
129 (b) In determining a committee quorum, a majority is at least 50% in one house and
130 more than 50% in the other.
131 (4) (a) In all decisions of the Executive Appropriations Committee, a majority vote
132 prevails.
133 (b) A majority vote is at least 50% of the members of one house and more than 50% of
134 the members of the other house in attendance.
135 (c) For the purpose of voting, a person who abstains from voting:
136 (i) is not counted for the vote; and
137 (ii) may not be counted as either a yea or a nay vote.
138 (5) The Office of Legislative Fiscal Analyst shall staff the Executive Appropriations
139 Committee and its subcommittees.
140 Section 6. JR4-6-101 is amended to read:
141 JR4-6-101. Certification and Signature.
142 (1) (a) When a piece of Senate legislation has passed both houses, the Secretary of the
143 Senate shall certify its final passage by identifying:
144 (i) the date that the legislation passed the Senate;
145 (ii) the number of Senators voting for and against the legislation;
146 (iii) the number of Senators absent and abstaining for the vote;
147 (iv) the date that the legislation passed the House;
148 (v) the number of Representatives voting for and against the legislation; and
149 (vi) the number of Representatives absent and abstaining for the vote.
150 (b) When a piece of House legislation has passed both houses, the Chief Clerk of the
151 House shall certify its final passage by identifying:
152 (i) the date that the legislation passed the House;
153 (ii) the number of Representatives voting for and against the legislation;
154 (iii) the number of Representatives absent and abstaining for the vote;
155 (iv) the date that the legislation passed the Senate;
156 (v) the number of Senators voting for and against the legislation; and
157 (vi) the number of Senators absent and abstaining for the vote.
158 (2) (a) Except as provided in Subsection (2)(b), within one legislative day of final
159 passage, each piece of legislation shall be signed:
160 (i) first by the presiding officer of the house in which it was last voted upon; and
161 (ii) second, by the presiding officer of the other house.
162 (b) Within five days following the adjournment sine die of a legislative session, each
163 piece of legislation passed on the final day of that legislative session shall be signed:
164 (i) first by the presiding officer of the house in which it was last voted upon; and
165 (ii) second, by the presiding officer of the other house.
166 (c) Unless the session has adjourned sine die, the Secretary of the Senate or Chief
167 Clerk of the House shall note in the journal that the legislation was signed by the presiding
168 officer.
169 Section 7. JR6-1-201.5 is enacted to read:
170 JR6-1-201.5. Abstaining from Voting.
171 (1) A legislator may abstain from voting, if the legislator believes that the legislator has
172 a conflict of interest or another circumstance that would make it inappropriate for the legislator
173 to cast a vote on the legislation or legislative matter.
174 (2) A legislator who abstains from voting under Subsection (1):
175 (a) shall give notice of and the reason for the recusal to the:
176 (i) body in an oral statement; or
177 (ii) person conducting the meeting or session who shall announce the abstention and
178 the reason given; and
179 (b) shall give the notice under Subsection (2)(a) before voting commences.
180 (3) If voting has not commenced on the legislation or legislative matter, a legislator
181 may withdraw a notice of abstention by giving notice and the reason for the withdrawal of the
182 abstention to the:
183 (a) body in an oral statement; or
184 (b) person conducting the meeting or session who, if necessary, may announce the
185 withdrawal of the abstention and the reasons given.
186 (4) For the purpose of determining a quorum, a person who is present but abstains from
187 voting is counted as part of the quorum.
188 (5) For the purpose of voting, a person who abstains from voting:
189 (a) is not counted for the vote; and
190 (b) may not be counted as either a yea or a nay vote.
Legislative Review Note
as of 2-5-09 10:14 AM