S.R. 1

1

SENATE RULES RESOLUTION ALLOWING
2 ABSTAINING FROM VOTING
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This resolution allows a legislator to abstain from voting in certain circumstances.
10 Highlighted Provisions:
11 This resolution:
12 . allows a legislator to abstain from voting if the legislator believes that the legislator
13 has a conflict of interest or another circumstance making it inappropriate to vote on
14 the matter;
15 . provides that a person who abstains from a vote is counted for a quorum but not for
16 a vote;
17 . provides procedures for abstaining;
18 . amends Senate Rules to allow for an abstention from voting; and
19 . makes technical changes.
20 Special Clauses:
21 None
22 Legislative Rules Affected:
23 AMENDS:
24 SR-24.16
25 SR-24.26
26 SR-30.01
27 SR-30.06

28 ENACTS:
29 SR-26.03
30
31 Be it resolved by the Senate of the state of Utah:
32 Section 1. SR-24.16 is amended to read:
33 SR-24.16. Voting; Chair to Verbally Announce the Vote; Dissenting Members to
34 be Reported.
35 (1) After the committee votes, the chair shall:
36 (a) determine whether the motion passed or failed;
37 (b) verbally announce that the motion passed or that the motion failed; [and]
38 (c) verbally identify by name either the committee members who voted "yes" or the
39 committee members who voted "no[.]"; and
40 (d) if a committee member has abstained from voting, verbally identify by name each
41 committee member who abstained from voting.
42 (2) Members dissenting from a committee report may file a minority report or may be
43 listed on the majority report as dissenting.
44 Section 2. SR-24.26 is amended to read:
45 SR-24.26. Votes.
46 (1) Each committee member present shall vote on every question [and the], except in
47 the case of an abstention as provided under SR-26.03 .
48 (2) Each vote and abstention shall be recorded in the minutes.
49 Section 3. SR-26.03 is enacted to read:
50 SR-26.03. Abstaining from Voting.
51 (1) A Senator may abstain from voting, if the Senator believes that the Senator has a
52 conflict of interest or another circumstance that would make it inappropriate for the Senator to
53 cast a vote on the legislation or legislative matter.
54 (2) A Senator who abstains from voting under Subsection (1):
55 (a) shall give notice of and the reason for the recusal to the:
56 (i) body in an oral statement; or
57 (ii) person conducting the meeting or session who shall announce the abstention and
58 the reason given; and

59 (b) shall give the notice under Subsection (2)(a) before voting commences.
60 (3) If voting has not commenced on the legislation or legislative matter, a Senator may
61 withdraw a notice of abstention by giving notice and the reason for the withdrawal of the
62 abstention to the:
63 (a) body in an oral statement; or
64 (b) person conducting the meeting or session who, if necessary, may announce the
65 withdrawal of the abstention and the reasons given.
66 (4) For the purpose of determining a quorum, a person who is present but abstains from
67 voting is counted as part of the quorum.
68 (5) For the purpose of voting, a person who abstains from voting:
69 (a) is not counted for the vote; and
70 (b) may not be counted as either a yea or a nay vote.
71 Section 4. SR-30.01 is amended to read:
72 SR-30.01. Senators Required to Vote.
73 [All Senators] (1) Each Senator who is within the Senate chamber when a vote is being
74 taken shall vote, except in the case of an abstention as provided under SR-26.03 .
75 (2) Immediately preceding the roll call, a Senator may make a brief statement
76 explaining any conflict of interest.
77 (3) Any Senator may briefly explain a vote.
78 Section 5. SR-30.06 is amended to read:
79 SR-30.06. Number of Votes Required for Passage.
80 (1) A majority vote is a majority of those present, except for passage of a bill, which
81 requires 15 votes.
82 (2) All matters requiring a constitutional majority require 15 votes.
83 (3) All matters requiring a constitutional two-thirds require 20 votes.
84 (4) All motions which require a two-thirds vote may only be suspended by that same
85 two-thirds vote.
86 (5) A person who abstains from voting:
87 (a) is not counted for the vote; and
88 (b) may not be counted as either a yea or a nay vote.

Legislative Review Note
as of 2-1-10 9:57 AM

Office of Legislative Research and General Counsel