7 LONG TITLE
8 General Description:
9 This resolution modifies provisions of Senate legislative rules to make technical
11 Highlighted Provisions:
12 This resolution:
13 ▸ modifies parts of Senate legislative rules to make technical corrections, including
14 eliminating references to repealed rules provisions, eliminating redundant or
15 obsolete language, making minor wording changes, and correcting errors.
16 Special Clauses:
18 Legislative Rules Affected:
35 Be it resolved by the Senate of the state of Utah:
36 Section 1. SR1-1-101 is amended to read:
37 SR1-1-101. Adoption, amendment, or suspension of Senate rules.
38 (1) (a) The Senate shall adopt Senate rules, by a constitutional two-thirds vote, at the
39 beginning of each new Legislature convening in an odd-numbered year.
40 (b) If a motion to adopt the rules under Subsection (1)(a) meets or exceeds a majority
41 vote but fails to reach a constitutional two-thirds vote:
42 (i) rules adopted by the Senate during the immediately preceding annual general
43 session, as amended during that general session and any intervening session, apply to the
44 conduct of the Senate; and
45 (ii) the secretary of the Senate shall announce to the Senate that the previously adopted
46 rules apply to the newly convened Legislature.
47 (2) (a) Except as provided in this [
48 (i) during an annual general session held in an even-numbered year, rules adopted by
49 the Senate during the immediately preceding general session, as amended during that general
50 session and any intervening session, apply to the conduct of the Senate; and
51 (ii) during any special session, Senate rules apply as provided in JR2-1-101.
52 (b) For a session described in Subsection (2)(a), the secretary of the Senate shall
53 announce to the Senate that the previously adopted rules apply to the newly convened session.
54 (3) Except as provided in Subsection (4), additional rules may be adopted and existing
55 rules may be suspended, amended, or repealed by a majority vote, except for those rules that
56 require a two-thirds vote to adopt, suspend, amend, or repeal, including:
57 (a) rules governing motions for lifting tabled legislation from committee under
58 SR4-3-104; and
59 (b) rules governing consideration of legislation during the last three days of a session.
60 (4) (a) A rule that includes a voting requirement of more than a constitutional majority
61 must be adopted and may only be amended, suspended, or repealed by a constitutional
62 two-thirds vote.
63 (b) If the suspension of any Senate Rule is governed by the Utah Constitution or Utah
64 statutes, the Senate may suspend that rule only as provided by that constitutional or statutory
66 Section 2. SR1-9-101 is amended to read:
67 SR1-9-101. Informal poll on United States Senate candidates.
68 (1) In a year where there is an election for a seat in the United States Senate, the Senate
69 shall conduct an informal poll of their members to determine each member's preferred
70 candidate for each seat that is up for election.
71 (2) The poll required by this [
72 (a) be conducted and completed within 30 days of the last day for filing for the office
73 of United States Senator, as provided in Utah Code Section 20A-9-202;
74 (b) be voluntary on the part of each senator;
75 (c) be administered by the legislative auditor general, who shall:
76 (i) establish procedures and conduct the poll in a manner that assures that the poll is
77 conducted fairly and accurately; and
78 (ii) act subject to the direction of the Audit Subcommittee;
79 (d) have a ballot containing the name of each person who has declared candidacy for
80 the seat as of the conclusion of the last day for filing plus an option to select "none of the
81 above"; and
82 (e) be conducted by secret ballot.
83 (3) Immediately after conducting the poll, the legislative auditor general shall make the
84 results of the poll public by listing, for each seat that is up for election, the total number of
85 votes cast for each candidate.
86 Section 3. SR2-4-101 is amended to read:
87 SR2-4-101. Admittance to the Senate chamber.
88 (1) (a) While the Senate is convened in annual general session or special session and
89 except as specifically provided elsewhere in this [
90 officers and employees, professional staff, former legislators who are not registered as
91 lobbyists, legal spouses of legislators, interns, and persons invited by senators are allowed in
92 the Senate chamber, halls, and lounge.
93 (b) The president of the Senate may deny access to the Senate chamber, halls, and
94 lounge to any person, other than a legislator, if the person uses that access to influence
95 legislative decisions.
96 (2) (a) A senator or the senator's intern shall accompany each visitor in the chamber,
97 lounge, or hallways and is responsible for that visitor.
98 (b) After the visit, the senator or the senator's intern shall ensure that the visitor leaves
99 the chamber, lounge, or hallway.
100 (3) (a) A senator may invite a guest to accompany the senator on the Senate floor,
101 provided that:
102 (i) the senator ensures that the guest does not encroach on a neighboring senator's desk
103 space, impede staff work, or distract from the work of the Senate, and no neighboring senator
104 makes such an objection;
105 (ii) the guest complies with the requirements of SR2-4-102, SR2-4-103, and Senate
106 Handbook policies on decorum and access; and
107 (iii) if the guest is an adult, the guest complies with rules and Senate Handbook
108 policies that relate to dress requirements.
109 (b) A senator who believes that a guest is intruding on desk space, is impeding staff
110 work, or is distracting from the work of the Senate may communicate the senator's objection to
111 the senator who has invited the guest, or through the majority leader, the minority leader, or the
112 president of the Senate.
113 Section 4. SR2-5-101 is amended to read:
114 SR2-5-101. Senators may request and sponsor legislation -- Substituting a
115 sponsor -- Withdrawing as a cosponsor.
116 (1) A senator may request and sponsor legislation as provided in Joint Rules Title 4,
117 Bills and Resolutions.
118 (2) (a) After a piece of legislation has been introduced, the chief Senate sponsor of the
119 legislation may withdraw from sponsoring the legislation by:
120 (i) finding another senator to act as chief sponsor of the legislation; and
121 (ii) filing a substitution of sponsorship form with the secretary of the Senate before
122 final passage of the legislation in the Senate.
123 (b) A senator seeking to withdraw as the chief sponsor need not obtain permission
124 from the Senate to withdraw.
125 (3) (a) [
126 legislation in the Senate, a senator cosponsor of [
127 cosponsor [
128 (b) A senator seeking to withdraw as a cosponsor need not:
129 (i) obtain permission from the Senate to withdraw; or
130 (ii) provide a substitute cosponsor for the legislation.
131 Section 5. SR3-2-312 is amended to read:
132 SR3-2-312. Chair to accept all motions that are in order -- Once accepted, the
133 motion is pending.
134 (1) The chair shall accept a motion requested by a member of a standing committee
135 who has been properly recognized unless the motion is prohibited by this chapter or by
136 parliamentary procedure.
137 (2) To properly accept a motion, the chair shall:
138 (a) restate each verbal motion;
139 (b) identify the number of each written motion to amend or substitute legislation; and
140 (c) [
142 (3) When a chair properly accepts a motion under Subsection (2), the motion is
144 Section 6. SR3-2-401 is amended to read:
145 SR3-2-401. Standing committee review required -- Exceptions.
146 (1) Except as provided in Subsection (2), the Senate may not pass a bill, joint
147 resolution, or concurrent resolution during the annual general session unless a Senate standing
148 committee has given a favorable recommendation to the legislation.
149 (2) Subsection (1) does not apply to:
150 (a) a resolution regarding legislative rules or legislative personnel;
151 (b) legislation that has been approved by a unanimous vote of the members present at
152 an interim committee meeting;
153 (c) the revisor's statute; or
154 (d) if the legislation was reviewed and approved by the Executive Appropriations
155 Committee, legislation that:
156 (i) exclusively appropriates money;
157 (ii) amends Utah Code Title 53F, Chapter 2, State Funding -- Minimum School
159 (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
160 (iv) authorizes the issuance of general obligation or revenue bonds.
161 Section 7. SR3-2-406 is amended to read:
162 SR3-2-406. Amending legislation -- Amendments must be germane.
163 (1) (a) Except as provided in Subsection (2), and if recognized by the chair during the
164 committee action phase, a committee member may make a motion to amend the legislation that
165 is under consideration.
166 (b) (i) A committee member may propose a verbal amendment to the legislation under
167 consideration if the amendment contains 25 or fewer words.
168 (ii) [
169 motion to amend, a committee member shall ensure that a copy of the proposed amendment
172 (2) (a) A committee member may only make a motion to amend that is germane to the
173 subject of the legislation under consideration.
174 (b) A committee member who believes that an amendment is not germane to the
175 subject of the legislation may make a point of order or appeal as described in SR3-2-506.
176 Section 8. SR4-1-101 is amended to read:
177 SR4-1-101. Definitions.
178 As used in this title:
179 (1) (a) "Appropriations bill" means a bill that appropriates money and makes no change
180 to statute.
181 (b) Notwithstanding Subsection (1)(a), "appropriations bill" includes the public
182 education budget bills.
183 (2) "Constitutional majority vote" means that the matter requires 15 votes to pass on
184 the Senate floor.
185 (3) "Constitutional two-thirds vote" means that the matter requires 20 votes to pass on
186 the Senate floor.
187 (4) "Majority vote" means that the matter requires the votes of a majority of those
188 present to pass on the Senate floor.
189 (5) "Point of order" means a question raised by a senator about whether or not there has
190 been a breach of order, a breach of rules, or a breach of established parliamentary practice.
191 (6) "Presiding officer" means the person presiding over the Senate and includes:
192 (a) the president;
193 (b) the president pro tempore; and
194 (c) any senator presiding under SR1-3-103.
195 (7) "Two-thirds vote" means that the matter requires the vote of two-thirds of those
196 present to pass on the Senate floor.
197 Section 9. SR4-3-301 is amended to read:
198 SR4-3-301. Amendments in order on second or third reading -- 10 word rule --
199 Passage of amendments by a majority vote.
200 (1) A motion to amend a piece of legislation is in order on second or third reading.
201 (2) (a) Except as provided in Subsection (3) or (4), a senator may, if recognized by the
202 presiding officer while the Senate is debating a piece of legislation, make a motion to amend
203 the legislation.
204 (b) (i) A senator may verbally propose an amendment to a piece of legislation if the
205 amendment contains 10 [
206 (ii) [
207 motion to amend, the senator shall ensure that a copy of the proposed amendment [
210 (3) (a) The senator making the motion to amend shall ensure that the amendment is
211 germane to the subject of the original legislation under consideration.
212 (b) If a senator believes that an amendment is not germane to the subject of the original
213 legislation, the senator may raise a point of order alleging that the amendment is not germane.
214 (c) The presiding officer shall rule on the point of order by determining whether or not
215 the amendment is germane to the subject of the original legislation.
216 (4) A constitutional amendment, resolution, or bill requiring a constitutional two-thirds
217 vote for final passage may be amended by a majority vote.
218 (5) When legislation is amended by the Senate, the secretary of the Senate shall:
219 (a) for each page of the legislation modified by a Senate amendment, cause a new page
220 to be printed that clearly identifies each Senate amendment to that page; and
221 (b) print that new page on tan paper on the second reading and on goldenrod-colored
222 paper on the third reading.
223 Section 10. SR4-4-202 is amended to read:
224 SR4-4-202. Disposition of legislation voted on third reading.
225 (1) Except as provided in Subsection (2), the secretary of the Senate or the secretary's
226 designee shall:
227 (a) for a piece of Senate legislation passed by the Senate on third reading but not yet
228 acted upon by the House, transmit the Senate legislation to the House for its further action;
229 (b) for a piece of Senate legislation that fails to pass the Senate on third reading, file
230 the legislation;
231 (c) for a piece of Senate legislation that has passed both houses in the same form,
232 follow the procedures and requirements of [
233 (d) for a piece of House legislation passed by the Senate on third reading and not
234 amended or substituted in the Senate, transmit the House legislation to the presiding officer of
235 the House for the presiding officer's signature;
236 (e) for a piece of House legislation passed by the Senate on third reading that was
237 amended or substituted in the Senate, transmit the legislation to the House with the amendment
238 or substitute for further action by the House; and
239 (f) for a piece of House legislation that fails to pass the Senate on third reading,
240 transmit the legislation to the House with notice of the Senate's action.
241 (2) When a senator gives notice of intention to move for reconsideration, the secretary
242 of the Senate shall:
243 (a) record the notice in the journal; and
244 (b) keep possession of the bill until:
245 (i) the time for reconsideration has expired as provided in Title 4, Chapter 9,
246 Reconsideration of Senate Action; or
247 (ii) the bill has been reconsidered.
248 Section 11. SR4-4-301 is amended to read:
249 SR4-4-301. Consent calendar.
250 (1) If a standing committee report recommends that a piece of legislation be placed on
251 the consent calendar and the standing committee report is adopted by the Senate, the secretary
252 of the Senate or the secretary's designee shall:
253 (a) read the legislation for the second time; and
254 (b) place the legislation on the consent calendar.
255 (2) (a) Whenever the consent calendar contains legislation, the presiding officer shall
256 inform the Senate each day that:
257 (i) there are items on the consent calendar; and
258 (ii) if any senator objects to a piece of legislation on the consent calendar, three or
259 more senators may move the legislation to the second reading calendar by notifying the
260 secretary of the Senate verbally or in writing.
261 (b) If the secretary of the Senate receives requests to move a piece of legislation from
262 the consent calendar to the second reading calendar from three or more senators, the secretary
264 (i) remove the legislation from the consent calendar; and
265 (ii) place the legislation at the bottom of the second reading calendar.
266 (3) If, after three days during which the Senate has floor time, no more than two
267 members have registered objections to the legislation, the legislation shall be:
268 (a) read the third time;
269 (b) placed before the Senate; and
270 (c) considered for final passage.
271 (4) (a) The presiding officer shall pose the question on each consent calendar bill in the
272 following form:
273 "The presiding officer has determined that a quorum is present.
274 Those who favor the question say, 'aye.'
275 Does the chair hear a single dissenting nay to the question?"
276 (b) If the presiding officer hears no nays to the question, a unanimous vote of the
277 senators present shall be recorded in favor of the legislation.
278 (c) If the presiding officer hears any nays to the question, a roll call vote shall be taken
280 (5) Notwithstanding the requirements of Subsection (4), any senator may, before the
281 roll call vote is taken, make a motion to remove the bill from the consent calendar and place it
282 on the bottom of the third reading calendar.
283 (6) Nothing in this [
284 chair or asking for a vote on any question.
285 Section 12. SR4-7-101 is amended to read:
286 SR4-7-101. Definitions.
287 As used in this chapter:
288 (1) "Roll call vote" means a verbal voting process where:
289 (a) the secretary of the Senate or the secretary's designee verbally calls the name of
290 each senator alphabetically, except the president, who is called last;
291 (b) each senator present votes "aye" or "nay" when the senator's name is called;
292 (c) the secretary of the Senate or the secretary's designee:
293 (i) tallies the vote;
294 (ii) records those senators who are absent or not voting; and
295 (iii) gives a copy of the tally to the presiding officer; and
296 (d) the presiding officer announces the result of the vote.
297 (2) "Voice vote" means a verbal voting process where the presiding officer:
298 (a) poses the question to be voted upon in this form: "Those in favor (of the question)
299 say 'aye'." and "Those opposed say 'nay'."; and
300 (b) based upon the senator's responses, announces that the question either passed or
302 Section 13. SR4-8-101 is amended to read:
303 SR4-8-101. Definitions.
305 Senate may compel absent senators to be present in the Senate chamber.
306 Section 14. SR4-9-101 is amended to read:
307 SR4-9-101. Motion to reconsider.
308 (1) As used in this [
309 convenes in the Senate chamber and conducts Senate business.
310 (2) (a) Except as provided in Subsection (3), when a question has been decided on the
311 floor of the Senate, a senator voting with the prevailing side may:
312 (i) move for reconsideration after intervening business; or
313 (ii) give notice that a motion for reconsideration will be made.
314 (b) If a motion for reconsideration is made on the floor of the Senate after a piece of
315 legislation has left the possession of the Senate, the secretary of the Senate shall request that
316 the legislation be returned to the Senate.
317 (c) The presiding officer shall rule a motion for reconsideration out of order unless the
318 motion is made:
319 (i) before the 43rd legislative day;
320 (ii) before the Senate adjourns on the legislative day after the legislative day on which
321 the action sought to be reconsidered occurred; and
322 (iii) by a senator who previously served notice.
323 (3) A senator may not make a motion to reconsider after the 42nd day of the annual
324 general session of the Legislature.