This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 4, 2015 at 1:27 PM by lpoole.
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6 LONG TITLE
7 General Description:
8 This resolution repeals and reenacts Senate Standing Committee rules and amends
9 special floor procedures and Ŝ→ repeals ←Ŝ postage allowance.
10 Highlighted Provisions:
11 This resolution:
12 ▸ defines terms;
13 ▸ reorganizes standing committee rules;
14 ▸ clarifies and expands the powers of a chair to:
15 • preserve order and decorum;
16 • adopt time restrictions for witnesses and presenters;
17 ▸ authorizes the president of the Senate to appoint a vice chair to each standing
18 committee;
19 ▸ requires a standing committee chair to enforce standing committee rules;
20 ▸ clarifies that review of legislation during a standing committee is subject to four
21 distinct phases:
22 • presentation by the sponsor;
23 • clarifying questions by committee members;
24 • public comment; and
25 • committee action;
26 ▸ clarifies that privileged motions:
27 • take precedence over non-privileged motions;
28 • are to be accepted in a specified priority; and
29 • except for a motion to adjourn, do not dispose of other pending motions; and
30 ▸ makes technical corrections to special floor procedures.
31 Special Clauses:
32 None
33 Legislative Rules Affected:
34 AMENDS:
35 Ŝ→ [
36 SR4-3-101
37 SR4-3-301
38 SR4-4-401
39 SR4-7-106
40 ENACTS:
41 SR3-2-204
42 SR3-2-305
43 SR3-2-306
44 SR3-2-307
45 SR3-2-308
46 SR3-2-309
47 SR3-2-310
48 SR3-2-311
49 SR3-2-312
50 SR3-2-313
51 SR3-2-314
52 SR3-2-315
53 SR3-2-316
54 SR3-2-317
55 SR3-2-318
56 SR3-2-319
57 SR3-2-411
58 SR3-2-412
59 SR3-2-413
60 SR3-2-507
61 SR3-2-508
62 SR3-2-509
63 SR3-2-510
64 SR3-2-511
65 REPEALS AND REENACTS:
66 SR3-2-101
67 SR3-2-201
68 SR3-2-202
69 SR3-2-203
70 SR3-2-301
71 SR3-2-302
72 SR3-2-303
73 SR3-2-304
74 SR3-2-401
75 SR3-2-402
76 SR3-2-403
77 SR3-2-404
78 SR3-2-405
79 SR3-2-406
80 SR3-2-407
81 SR3-2-408
82 SR3-2-409
83 SR3-2-410
84 SR3-2-501
85 SR3-2-502
86 SR3-2-503
87 SR3-2-504
88 SR3-2-505
89 SR3-2-506
90 REPEALS:
Ŝ→ SR1-8-101 ←Ŝ
91 SR3-2-102
92 SR3-2-103
93 SR3-2-104
94 SR3-2-601
95
96 Be it resolved by the Senate of the state of Utah:
97 Ŝ→ [
98 SR1-8-101. Senator postage allowance.
99 [(1) Each senator may request 20 first-class postage stamps from Senate staff at the
100 beginning of the year.]
101 [(2) In addition to the postage stamps, each] (1) Each senator may deposit:
102 (a) up to five letters per day into the Senate mail system during the annual general
103 session; and
104 (b) up to 10 letters per month into the Senate mail system during each interim period.
105 [(3)] (2) Upon request from an individual senator, the president may grant an additional
106 postage allowance.] ←Ŝ
107 Section Ŝ→ [
108
109 SR3-2-101. Definitions.
110 As used in this chapter:
111 (1) "Chair" means:
112 (a) the chair of a standing committee; or
113 (b) a standing committee member who is authorized to act as chair under SR3-2-202.
114 (2) "Committee" means a standing committee created under SR3-2-201.
115 (3) "Dispose of legislation" refers to a committee action that transfers ownership of
116 legislation to the Senate Rules Committee, to another standing committee, or to the Senate
117 floor.
118 (4) "Favorable recommendation" refers to a committee action that transfers ownership
119 of legislation to the Senate second reading calendar.
120 (5) "Legislation" means a Senate bill, House bill, Senate resolution, House resolution,
121 joint resolution, or concurrent resolution.
122 (6) "Majority vote" means a majority of a quorum as described in SR3-2-203.
123 (7) "Original motion" means a non-privileged motion that is accepted by the chair
124 when no other motion is pending.
125 (8) "Pending motion" refers to a motion starting when a chair accepts a motion and
126 ending when the motion is withdrawn or until the chair calls for a vote on the motion.
127 (9) (a) "Privileged motion" means a procedural motion to adjourn, set a time to
128 adjourn, recess, end debate, extend debate, or limit debate.
129 (b) Privileged motions are not substitute motions.
130 (10) "Substitute motion" means a non-privileged motion that is made when a
131 non-privileged motion is pending.
132 (11) "Under consideration" means the time starting when a chair opens a discussion on
133 a subject or piece of legislation that is listed on a committee agenda and ending when the
134 committee disposes of the legislation, moves on to another item on the agenda, or adjourns.
135 Section 3. SR3-2-201 is repealed and reenacted to read:
136
137 SR3-2-201. Standing committees -- Creation.
138 (1) There are created the following standing committees:
139 (a) Business and Labor;
140 (b) Economic Development and Workforce Services;
141 (c) Education;
142 (d) Government Operations and Political Subdivisions;
143 (e) Health and Human Services;
144 (f) Judiciary, Law Enforcement, and Criminal Justice;
145 (g) Natural Resources, Agriculture, and Environment;
146 (h) Revenue and Taxation;
147 (i) Rules; and
148 (j) Transportation, Public Utilities, and Technology.
149 (2) The Senate members of the Retirement and Independent Entities Committee
150 created in Utah Code Section 63E-1-201 comprise a Senate standing committee.
151 Section 4. SR3-2-202 is repealed and reenacted to read:
152 SR3-2-202. President to appoint committee members, chairs, and vice chairs.
153 (1) The president of the Senate shall appoint members of the Senate to each standing
154 committee.
155 (2) The president shall appoint a chair to each standing committee.
156 (3) The president may appoint a vice chair to each standing committee.
157 (4) If the president does not appoint a vice chair to a standing committee, the chair may
158 appoint a vice chair.
159 (5) A vice chair may perform the duties of a chair:
160 (a) as requested by a chair; or
161 (b) in the absence of the chair.
162 (6) The chair, or the vice chair as authorized under Subsection (3), may designate a
163 member of the committee to conduct a standing committee meeting when neither the chair nor
164 the vice chair are able to attend a meeting.
165 (7) A committee member designated under Subsection (6) may conduct a committee
166 meeting but may not perform the duties of a chair described in SR3-2-302 and SR3-2-303.
167 (8) If a chair, vice chair, or the chair's designee are not present at a committee meeting,
168 the most senior member of the majority party who is a member of the committee may chair a
169 standing committee meeting, but that person may not perform the duties described in
170 SR3-2-302 and SR3-2-303.
171 Section 5. SR3-2-203 is repealed and reenacted to read:
172 SR3-2-203. Quorum requirements.
173 (1) Except as provided in Subsection (2), a majority of a standing committee is a
174 quorum.
175 (2) In determining whether a quorum is present, the president, majority leader, majority
176 whip, assistant majority whip, Senate Rules Committee chair, Executive Appropriations
177 Committee chair, minority leader, minority whip, assistant minority whip, and the fourth
178 member of leadership from the minority party are not counted in determining a quorum for a
179 standing committee, except during the time that the senator is present at the meeting.
180 Section 6. SR3-2-204 is enacted to read:
181 SR3-2-204. Committee order of business.
182 Unless a standing committee chair, or a committee by majority vote, determines
183 otherwise, the order of business for a standing committee is:
184 (1) call to order by the chair;
185 (2) approval of the minutes of previous meetings;
186 (3) announcement of the agenda;
187 (4) announcement of time restrictions, if any, subject to the requirements of
188 SR3-2-304; and
189 (5) consideration of standing committee business as provided in SR3-2-302(2).
190 Section 7. SR3-2-301 is repealed and reenacted to read:
191
192 SR3-2-301. Chair to enforce legislative rules and procedures.
193 The chair shall ensure the integrity of the standing committee process by enforcing
194 legislative rules and parliamentary procedure without delay.
195 Section 8. SR3-2-302 is repealed and reenacted to read:
196 SR3-2-302. Chair to set agenda -- Requirements.
197 The chair shall:
198 (1) set the agenda for a standing committee meeting;
199 (2) ensure that legislation referred to the committee is considered by the committee
200 within a reasonable time;
201 (3) ensure that legislation tabled by a standing committee is listed on a standing
202 committee agenda as required by SR3-2-408; and
203 (4) ensure that legislation placed on the time certain calendar in the Senate is listed on
204 a standing committee agenda before it is scheduled to be heard by the Senate.
205 Section 9. SR3-2-303 is repealed and reenacted to read:
206 SR3-2-303. Chair to post notice and agenda -- Notification to sponsors.
207 (1) The chair shall cause a public notice and agenda to be posted at least 24 hours
208 before each standing committee meeting as required under Utah Code Title 52, Chapter 4,
209 Open and Public Meetings Act.
210 (2) The chair shall notify the chief Senate sponsor or chief House sponsor of legislation
211 listed on an agenda of the time and place of the committee meeting in which the legislation will
212 be considered not less than 24 hours before the committee meeting.
213 Section 10. SR3-2-304 is repealed and reenacted to read:
214 SR3-2-304. Chair may direct order of agenda -- Time restrictions.
215 The chair, or a committee by majority vote, may adopt committee procedures and time
216 restrictions, including:
217 (1) directing the order of the agenda;
218 (2) directing the order in which a witness or presenter will be heard;
219 (3) directing the number of witnesses or presenters that will be heard; and
220 (4) limiting the time the committee will spend on:
221 (a) an item on the agenda; or
222 (b) an individual witness or presenter.
223 Section 11. SR3-2-305 is enacted to read:
224 SR3-2-305. Four phases when considering legislation.
225 Legislation under consideration by a standing committee is subject to four distinct
226 phases during a committee meeting:
227 (1) the sponsor's presentation as provided in SR3-2-306;
228 (2) clarifying questions as provided in SR3-2-307;
229 (3) public comment as provided in SR3-2-308; and
230 (4) committee action as provided in SR3-2-309.
231 Section 12. SR3-2-306 is enacted to read:
232 SR3-2-306. Sponsor presentation.
233 (1) Except as provided in Subsection (2), during the presentation phase, a committee
234 member may not amend legislation, substitute legislation, or dispose of legislation. All other
235 motions are in order during the presentation phase.
236 (2) During the presentation phase of a committee meeting, the chair may accept a
237 simple motion to amend legislation if the chair permits:
238 (a) committee questions and debate;
239 (b) public comment as provided in SR3-2-308;
240 (c) the sponsor of the legislation affected by the amendment to respond to the motion
241 to amend; and
242 (d) the committee member who made the motion to amend to have the final word on
243 the motion as required under SR3-2-313.
244 (3) During the presentation phase of a standing committee meeting, the chair shall:
245 (a) permit the chief Senate sponsor or chief House sponsor to present the sponsor's
246 legislation; and
247 (b) except as provided in Subsection (4), and at the election of a legislative sponsor,
248 permit persons who have expertise on the legislation to assist with the presentation as provided
249 in SR3-2-304.
250 (4) The chair may not permit:
251 (a) legislation to be presented if the legislative sponsor is not present; or
252 (b) legislative interns or legislative aides to present legislation.
253 Section 13. SR3-2-307 is enacted to read:
254 SR3-2-307. Clarifying questions.
255 (1) During the clarifying question phase, a committee member may not amend
256 legislation, substitute legislation, or dispose of legislation. All other motions are in order
257 during the clarifying questions phase.
258 (2) A chair shall allow members of the committee to ask the legislative sponsor
259 questions, provided that the questions help to clarify the intent or purpose of the legislation or
260 the meaning of the language of the legislation.
261 (3) The chair shall allow the legislative sponsor to respond to clarifying questions.
262 (4) The chair may allow, with the legislative sponsor's approval, a person authorized
263 under SR3-2-306 to respond to clarifying questions from members of the committee.
264 Section 14. SR3-2-308 is enacted to read:
265 SR3-2-308. Public comment.
266 (1) During the public comment phase, a committee member may not amend legislation,
267 substitute legislation, or dispose of legislation. All other motions are in order during the public
268 comment phase.
269 (2) During the public comment phase of a committee meeting:
270 (a) the chair, or a committee by majority vote, may limit the time an individual witness
271 or presenter speaks to a committee as authorized under SR3-2-304; and
272 (b) the chair, or the committee by majority vote, may terminate the public comment
273 phase at any time.
274 (3) Unless the chair, or a committee by majority vote, permits additional public
275 comment, once the public comment phase has ended only committee members, legislative
276 sponsors, staff, and those authorized under SR3-2-306 may address the committee.
277 Section 15. SR3-2-309 is enacted to read:
278 SR3-2-309. Committee action.
279 During the committee action phase, a committee member may make motions to amend
280 the legislation, to substitute the legislation, and to dispose of the legislation. All other motions
281 authorized by this chapter are in order during the committee action phase of a committee
282 meeting.
283 Section 16. SR3-2-310 is enacted to read:
284 SR3-2-310. Chair to preserve order -- Powers to preserve order.
285 (1) The chair shall preserve order and decorum during standing committee meetings
286 by:
287 (a) controlling outbursts and demonstrations; and
288 (b) ensuring that committee members, presenters, witnesses, and visitors act in a
289 dignified and respectful manner.
290 (2) To preserve order, the chair may:
291 (a) clear the committee room of any person who engages in disorderly conduct;
292 (b) recess a standing committee meeting; or
293 (c) request assistance from:
294 (i) the sergeant-at-arms; or
295 (ii) the Utah Highway Patrol.
296 Section 17. SR3-2-311 is enacted to read:
297 SR3-2-311. Chair to recognize committee members -- Remarks to be germane --
298 Committee members may make motions when recognized -- Permission to address
299 committee.
300 (1) The chair shall recognize a committee member who desires to speak to a subject
301 that is under consideration by a standing committee.
302 (2) It is within the discretion of a chair to recognize a committee member who desires
303 to speak to the same subject more than twice.
304 (3) Upon recognition by the chair, a committee member:
305 (a) shall ensure that the member's remarks are germane to the subject under
306 consideration; and
307 (b) may make a motion that is authorized by this chapter.
308 (4) Presenters, witnesses, visitors, staff, and committee members may not speak to a
309 standing committee unless recognized by the chair.
310 Section 18. SR3-2-312 is enacted to read:
311 SR3-2-312. Chair to accept all motions that are in order -- Once accepted, the
312 motion is pending.
313 (1) The chair shall accept a motion requested by a member of a standing committee
314 who has been properly recognized unless the motion is prohibited by this chapter or by
315 parliamentary procedure.
316 (2) To properly accept a motion, the chair shall:
317 (a) restate each verbal motion;
318 (b) identify the number of each written motion to amend or substitute legislation; and
319 (c) distribute copies of each written amendment or substitute to members of the
320 committee.
321 (3) When a chair properly accepts a motion under Subsection (2), the motion is
322 pending.
323 Section 19. SR3-2-313 is enacted to read:
324 SR3-2-313. Chair to allow response to motions before placing motions for a vote.
325 After a motion has been accepted, and before the chair places a motion for a vote, the
326 chair shall permit:
327 (1) members of the committee to ask the committee member who placed the motion
328 questions about the motion;
329 (2) members of the committee to debate the motion;
330 (3) the chief sponsor of the legislation that is affected by the motion to respond to the
331 motion; and
332 (4) the committee member who placed the motion to have the final word on the
333 motion.
334 Section 20. SR3-2-314 is enacted to read:
335 SR3-2-314. Chair to place motion for vote.
336 After the chair has permitted a committee member to sum on a motion as required
337 under SR3-2-313(4), the chair shall place the motion for a vote unless the motion is withdrawn
338 subject to the requirements of SR3-2-511.
339 Section 21. SR3-2-315 is enacted to read:
340 SR3-2-315. Chair to verbally announce vote on motions -- Motions pass with
341 majority vote of a quorum -- Exceptions.
342 (1) After a standing committee votes on a motion, the chair shall:
343 (a) determine whether the motion passed or failed;
344 (b) verbally announce that the motion passed or that the motion failed; and
345 (c) if the vote on the motion is not unanimous, verbally identify by name either the
346 committee members who voted "yes" or the committee members who voted "no."
347 (2) Unless otherwise specifically indicated in this chapter, motions pass with a majority
348 vote of a quorum as described in SR3-2-203.
349 Section 22. SR3-2-316 is enacted to read:
350 SR3-2-316. Chair may direct a roll call vote.
351 Although most motions will be determined by a voice vote, the chair, or a committee by
352 majority vote, may direct a roll call vote.
353 Section 23. SR3-2-317 is enacted to read:
354 SR3-2-317. Chair to decide points of order -- Committee may appeal chair's
355 decision.
356 (1) A chair shall rule on a point of order without committee discussion or debate.
357 (2) As provided in SR3-2-506, a committee member may:
358 (a) make a point of order; or
359 (b) appeal the decision of the chair.
360 Section 24. SR3-2-318 is enacted to read:
361 SR3-2-318. Chair to send standing committee reports to the Senate.
362 (1) When a standing committee approves a motion to dispose of legislation under the
363 requirements of SR3-2-408 or SR3-2-403, the chair shall, no later than the next legislative day,
364 submit to the secretary of the Senate:
365 (a) the official version of the legislation; and
366 (b) a committee report, signed by the chair, describing the committee's action.
367 (2) If, for any reason, the chair does not submit a committee report to the secretary of
368 the Senate as required in Subsection (1), the secretary of the Senate shall ensure that the official
369 version of the legislation and the committee report are submitted before the end of the second
370 legislative day after the legislation was acted on by a standing committee.
371 Section 25. SR3-2-319 is enacted to read:
372 SR3-2-319. Chair to ensure integrity of minutes -- Retention of minutes -- Content
373 requirements.
374 (1) The chair shall:
375 (a) ensure that a secretary takes minutes of standing committee meetings;
376 (b) present the minutes to the committee for approval; and
377 (c) send the approved minutes to the office of the secretary of the Senate.
378 (2) The secretary of the Senate shall retain committee minutes for three years.
379 (3) The chair shall ensure that committee minutes comply with the requirements of
380 Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
381 (4) The chair shall ensure that committee minutes include:
382 (a) the date, time, and place of each committee meeting;
383 (b) a list of committee members present;
384 (c) each motion made;
385 (d) the vote on each motion;
386 (e) points of order; and
387 (f) the outcome of each appeal of the decision of the chair.
388 Section 26. SR3-2-401 is repealed and reenacted to read:
389
390 SR3-2-401. Standing committee review required -- Exceptions.
391 (1) Except as provided in Subsection (2), the Senate may not pass a bill, joint
392 resolution, or concurrent resolution during the annual general session unless a Senate standing
393 committee has given a favorable recommendation to the legislation.
394 (2) Subsection (1) does not apply to:
395 (a) a resolution regarding legislative rules or legislative personnel;
396 (b) legislation that has been approved by a unanimous vote of an interim committee;
397 (c) the revisor's statute; or
398 (d) if the legislation was reviewed and approved by the Executive Appropriations
399 Committee, legislation that:
400 (i) exclusively appropriates money;
401 (ii) amends Utah Code Title 53A, Chapter 17a, Minimum School Program Act;
402 (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
403 (iv) authorizes the issuance of general obligation or revenue bonds.
404 Section 27. SR3-2-402 is repealed and reenacted to read:
405 SR3-2-402. Standing committee review of legislation with a fiscal impact.
406 Except as provided in SR3-2-401, a standing committee in one or both houses shall
407 review legislation before the legislation is held in the opposite house because of its fiscal
408 impact.
409 Section 28. SR3-2-403 is repealed and reenacted to read:
410 SR3-2-403. Standing committee duties -- Consider legislation in a reasonable time
411 -- Dispose of legislation.
412 (1) As required by SR3-2-302(2), a chair shall ensure that legislation referred to the
413 committee is considered by the committee within a reasonable time.
414 (2) When a committee has complied with the requirements of SR3-2-302(2), a standing
415 committee shall dispose of the legislation by:
416 (a) returning the legislation to the Senate Rules Committee;
417 (b) tabling the legislation, subject to the requirements of SR3-2-408;
418 (c) recommending the legislation to the second reading calendar; or
419 (d) referring the legislation to a different standing committee.
420 Section 29. SR3-2-404 is repealed and reenacted to read:
421 SR3-2-404. Motions to lift from the table, hold, amend, or substitute legislation.
422 In addition to the actions listed in SR3-2-403(2), a standing committee may approve
423 one or more of the following motions on a single piece of legislation:
424 (1) hold the legislation;
425 (2) move to the next item on an agenda;
426 (3) amend the legislation, subject to the requirements of SR3-2-406;
427 (4) substitute the legislation, subject to the requirements of SR3-2-407; or
428 (5) lift legislation from the table, subject to the requirements of SR3-2-408.
429 Section 30. SR3-2-405 is repealed and reenacted to read:
430 SR3-2-405. Consent calendar.
431 (1) A standing committee may recommend that legislation in its possession be placed
432 on the consent calendar if:
433 (a) the committee approves a motion, by a unanimous vote, to send the legislation to
434 the second reading calendar;
435 (b) immediately subsequent to that action, the chief sponsor requests that the
436 legislation be placed on the consent calendar; and
437 (c) in a separate motion and vote, the committee unanimously approves the sponsor's
438 request to place the legislation on the consent calendar instead of the second reading calendar.
439 (2) If, in accordance with SR3-1-102, the Senate Rules Committee forwards a
440 summary report from the Occupational and Professional Licensure Review Committee in
441 conjunction with legislation referred to a standing committee, the chair shall ensure that the
442 summary report is read orally to the committee before action is taken by the committee on the
443 legislation that is related to the summary report.
444 Section 31. SR3-2-406 is repealed and reenacted to read:
445 SR3-2-406. Amending legislation -- Amendments must be germane.
446 (1) (a) Except as provided in Subsection (2), and if recognized by the chair during the
447 committee action phase, a committee member may make a motion to amend the legislation that
448 is under consideration.
449 (b) (i) A committee member may propose a verbal amendment to the legislation under
450 consideration if the amendment contains 25 or fewer words.
451 (ii) Before proposing a motion to amend, a committee member shall ensure that a
452 proposed amendment that contains more than 25 words is printed and distributed to committee
453 staff and to all committee members present.
454 (2) (a) A committee member may only make a motion to amend that is germane to the
455 subject of the legislation under consideration.
456 (b) A committee member who believes that an amendment is not germane to the
457 subject of the legislation may make a point of order or appeal as described in SR3-2-506.
458 Section 32. SR3-2-407 is repealed and reenacted to read:
459 SR3-2-407. Substitute legislation -- Substitutes must be germane.
460 (1) Except as provided in Subsection (2), and if recognized by the chair during the
461 committee action phase, a committee member may make a motion to substitute legislation that
462 is under consideration.
463 (2) (a) A committee member may only make a motion to substitute that is germane to
464 the subject of the legislation under consideration.
465 (b) A committee member who believes that an amendment is not germane to the
466 subject of the legislation may make a point of order or appeal as described in SR3-2-506.
467 Section 33. SR3-2-408 is repealed and reenacted to read:
468 SR3-2-408. Legislation tabled in a standing committee -- Requirements.
469 (1) If legislation is tabled, the chair shall list the tabled legislation on the committee
470 agenda for the next committee meeting.
471 (2) At the next committee meeting, the committee may, by a two-thirds vote, lift the
472 tabled legislation from the table.
473 (3) If a motion to lift tabled legislation is successful, the standing committee may make
474 any motion on the legislation that is authorized under this chapter.
475 (4) (a) If legislation is tabled by a committee and the legislation is not lifted from the
476 table at the committee's next meeting, the committee chair shall submit a committee report to
477 the secretary of the Senate informing the Senate that the legislation was tabled.
478 (b) After reading the committee report on the tabled legislation, the secretary of the
479 Senate shall send the tabled legislation to the Senate Rules Committee.
480 Section 34. SR3-2-409 is repealed and reenacted to read:
481 SR3-2-409. Reconsideration of action.
482 (1) Except as provided in Subsection (2), and if recognized by the chair, a committee
483 member may make a motion to reconsider the committee's action on legislation if the
484 legislation is:
485 (a) in the possession of the standing committee; and
486 (b) listed on the committee agenda as required by Utah Code Title 52, Chapter 4, Open
487 and Public Meetings Act.
488 (2) A standing committee may not reconsider its action on a piece of legislation:
489 (a) more than once; and
490 (b) until the committee has considered other committee business.
491 Section 35. SR3-2-410 is repealed and reenacted to read:
492 SR3-2-410. Testimony may be taken under oath.
493 (1) At the direction of the chair, or upon a majority vote of the committee, the
494 testimony of a witness, presenter, or visitor who speaks to a committee may be taken under
495 oath.
496 (2) The chair or committee staff shall administer the oath.
497 Section 36. SR3-2-411 is enacted to read:
498 SR3-2-411. Additional standing committee meetings.
499 With the president of the Senate's permission, a chair may hold a committee meeting
500 independent of regularly scheduled committee meetings on:
501 (1) a single piece of legislation; or
502 (2) the subject of two or more pieces of legislation.
503 Section 37. SR3-2-412 is enacted to read:
504 SR3-2-412. Closed standing committee meetings.
505 A standing committee may close a committee meeting in accordance with the
506 procedures and requirements of Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
507 Section 38. SR3-2-413 is enacted to read:
508 SR3-2-413. Prohibited from meeting while Senate is in session -- Exceptions.
509 (1) A standing committee may not meet while the Senate is in session unless:
510 (a) the chair receives permission from the president to meet; or
511 (b) a majority of the Senate approves a motion for the committee to meet while the
512 Senate is in session.
513 (2) Unless a committee is authorized to meet as provided in Subsection (1), any action
514 taken by a committee while the Senate is in session is invalid.
515 Section 39. SR3-2-501 is repealed and reenacted to read:
516
517 SR3-2-501. Obtaining the floor in committee -- Remarks to be germane.
518 (1) As required in SR3-2-311, a chair shall recognize a committee member who desires
519 to speak to the committee.
520 (2) A committee member who is recognized by the chair may make a motion consistent
521 with the requirements of this chapter.
522 (3) A second to a motion is not required.
523 Section 40. SR3-2-502 is repealed and reenacted to read:
524 SR3-2-502. Committee members shall vote.
525 A committee member shall vote on every motion placed for a vote while the committee
526 member is present at a meeting.
527 Section 41. SR3-2-503 is repealed and reenacted to read:
528 SR3-2-503. Privileged motions in committee -- General requirements, procedure,
529 and priority.
530 (1) Privileged motions:
531 (a) are non-debatable; and
532 (b) take precedence over non-privileged motions.
533 (2) If a privileged motion is requested while another privileged motion is pending, the
534 chair shall grant priority to the privileged motions in the following order:
535 (a) adjourn;
536 (b) set time to adjourn;
537 (c) recess;
538 (d) end debate or call the question;
539 (e) extend debate; and
540 (f) limit debate.
541 (3) Except for a motion to adjourn, a privileged motion, if adopted, does not dispose of
542 other pending motions.
543 Section 42. SR3-2-504 is repealed and reenacted to read:
544 SR3-2-504. Original motions in committee -- General requirements, procedure,
545 and priority.
546 (1) Original motions:
547 (a) are debatable; and
548 (b) may be replaced with a substitute motion.
549 (2) A committee member may not make an original motion if:
550 (a) a privileged motion is pending; or
551 (b) a substitute motion is pending.
552 Section 43. SR3-2-505 is repealed and reenacted to read:
553 SR3-2-505. Substitute motions in committee -- General requirements, procedure,
554 and priority.
555 (1) Substitute motions:
556 (a) are debatable; and
557 (b) take precedence over original motions.
558 (2) (a) A committee member may make a substitute motion if an original motion is
559 pending.
560 (b) A committee member may not make a substitute motion if:
561 (i) a privileged motion is pending; or
562 (ii) another substitute motion is pending.
563 (c) If a substitute motion is adopted, a substitute motion disposes of the original
564 motion.
565 (d) If a substitute motion is not adopted, the original motion is pending.
566 Section 44. SR3-2-506 is repealed and reenacted to read:
567 SR3-2-506. Point of order -- Appeal of chair's decision.
568 (1) A point of order is not a motion and, except during a vote, may be made by a
569 member of a standing committee at any time during a committee meeting.
570 (2) If a member of a standing committee is concerned that legislative rules or
571 procedures are not being followed, the committee member may make a point of order.
572 (3) When a point of order is made, the chair shall immediately allow the committee
573 member to state the member's point.
574 (4) A chair shall rule on the point of order without committee discussion or debate as
575 provided in SR3-2-315.
576 (5) An appeal of the decision of the chair is not a motion and may be made by a
577 committee member after the chair has ruled on a point of order.
578 (6) A standing committee may, by majority vote, override the decision of the chair on a
579 point of order.
580 (a) If the committee overrides the decision of the chair, the ruling of a committee is
581 final.
582 (b) If a committee does not override the decision of the chair, the ruling of a chair is
583 final.
584 Section 45. SR3-2-507 is enacted to read:
585 SR3-2-507. Point of information.
586 (1) A point of information is not a motion and, except during a vote, may be made by a
587 member of a standing committee at any time during a committee meeting.
588 (2) If a member of a standing committee desires clarification on any aspect of a
589 committee meeting, the committee member may make a point of information.
590 (3) When a point of information is made, the chair shall immediately allow the
591 committee member to state the point.
592 Section 46. SR3-2-508 is enacted to read:
593 SR3-2-508. Division of a motion.
594 (1) A division is not a motion and, except during a vote, may be made by a member of
595 a standing committee at any time during a committee meeting without being recognized by the
596 chair.
597 (2) The committee member who divides a motion shall clearly state how the motion is
598 to be divided.
599 (3) A committee member may not divide a motion to amend legislation in such a
600 manner that could create an unintelligible or ambiguous result.
601 Section 47. SR3-2-509 is enacted to read:
602 SR3-2-509. Prohibited motions.
603 (1) (a) Except for a motion to adjourn, a committee member may not make a motion
604 unless a quorum of the standing committee is present.
605 (b) When a quorum is not present, a motion to adjourn is passed with a majority vote
606 of those present.
607 (2) No motion is in order during a vote.
608 (3) A point of order is not in order during a vote.
609 (4) A committee member may not make a motion to:
610 (a) strike the enacting clause of legislation; or
611 (b) circle legislation.
612 Section 48. SR3-2-510 is enacted to read:
613 SR3-2-510. Repeating defeated motion.
614 (1) Except as provided in Subsection (2), a motion that is defeated may not be made by
615 a committee member until the committee has considered other committee business.
616 (2) A motion to postpone legislation to a day certain, to postpone legislation
617 indefinitely, or to return legislation to the Senate Rules Committee, if defeated, may not be
618 made again by any committee member during the same committee meeting.
619 Section 49. SR3-2-511 is enacted to read:
620 SR3-2-511. A motion may be withdrawn.
621 A committee member who makes a motion may withdraw that motion at any time
622 before the motion is placed for a vote.
623 Section 50. SR4-3-101 is amended to read:
624 SR4-3-101. Bills placed on calendars.
625 (1) (a) The secretary of the Senate shall cause each bill reported to the Senate by a
626 Senate standing committee or the Senate Rules Committee to be placed at the bottom of the
627 second reading calendar or on the consent calendar in the order that the bill is received.
628 (b) The presiding officer shall ensure that each bill that is placed on the second reading
629 calendar [
630 (2) The secretary of the Senate shall ensure that each bill on the second reading
631 calendar that is passed by a constitutional majority vote is placed at the bottom of the third
632 reading calendar.
633 Section 51. SR4-3-301 is amended to read:
634 SR4-3-301. Amendments in order on second or third reading -- 10 word rule --
635 Passage of amendments by a majority vote.
636 (1) A motion to amend a piece of legislation is in order on second or third reading.
637 (2) (a) Except as provided in Subsection (3) or (4), a senator may, if recognized by the
638 presiding officer while the Senate is debating a piece of legislation, make a motion to amend
639 the legislation.
640 (b) (i) A senator may verbally propose an amendment to a piece of legislation if the
641 amendment contains 10 words or fewer.
642 (ii) A senator shall ensure that a proposed amendment containing more than 10 words
643 is printed and distributed to the secretary of the Senate and to all senators before the
644 amendment is proposed.
645 (3) (a) The senator making the motion to amend shall ensure that the amendment is
646 germane to the subject of the original legislation under consideration.
647 (b) If a senator believes that an amendment is not germane to the subject of the original
648 legislation, the senator may raise a point of order alleging that the amendment is not germane.
649 (c) The presiding officer shall rule on the point of order by determining whether or not
650 the amendment is germane to the subject of the original legislation.
651 (4) A constitutional amendment, resolution, or bill requiring a constitutional two-thirds
652 vote for final passage may be amended by a majority vote.
653 (5) When legislation is amended by the Senate, the secretary of the Senate shall:
654 (a) for each page of the legislation modified by a Senate amendment, cause a new page
655 to be printed that clearly identifies each Senate amendment to that page; and
656 (b) print that new page on tan paper on the second reading and on goldenrod-colored
657 paper on the third reading.
658 Section 52. SR4-4-401 is amended to read:
659 SR4-4-401. Concurrence calendar.
660 (1) After the secretary of the Senate or the secretary's designee reads the transmittal
661 letter from the House informing the Senate that the House has amended or substituted a piece
662 of Senate legislation, the presiding officer shall place the legislation on the concurrence
663 calendar.
664 (2) (a) During the first 43 days of the annual general session, the legislation shall
665 remain on the concurrence calendar over at least one night before the Senate may consider the
666 question of concurrence.
667 (b) During the last two days of the annual general session and during any special
668 session, the Senate may consider legislation for concurrence after the Senate has been given a
669 reasonable time to review the House changes.
670 (3) (a) When presenting legislation to the Senate for concurrence, the presiding officer
671 shall ask the sponsor of the legislation for a motion.
672 (b) The sponsor of the legislation may move to either:
673 (i) concur with the House amendments; or
674 (ii) refuse to concur with the House amendments and ask the House to recede from
675 their amendments.
676 (c) If a motion to concur with the House amendments passes by majority vote, the
677 presiding officer shall:
678 (i) pose the question: "This bill (resolution) has been read three times. The question is:
679 Shall [
680 (ii) take the final roll call vote on the legislation.
681 (d) If a motion to refuse to concur with the [
682 [
683 Senate shall return the legislation to the House for its further action.
684 (e) If the House refuses to recede, the Senate and House shall follow the procedures
685 and requirements of JR3-2-601 relating to the appointment of a conference committee.
686 Section 53. SR4-7-106 is amended to read:
687 SR4-7-106. Voting or changing vote after the vote is announced.
688 After the vote is announced, a senator may not vote or change the senator's vote unless:
689 (1) the Senate has possession of the legislation;
690 [
691 [
692 Section 54. Repealer.
693 This resolution repeals:
Ŝ→ SR1-8-101, Senator postage allowance. ←Ŝ
694 SR3-2-102, Standing committee review required -- Exceptions.
695 SR3-2-103, Standing committee review of legislation with a fiscal impact.
696 SR3-2-104, Standing committees prohibited from meeting while the Senate is in
697 session -- Exceptions.
698 SR3-2-601, Committee reports.
Legislative Review Note
as of 1-27-15 4:33 PM
Office of Legislative Research and General Counsel