Senator David G. Buxton proposes the following substitute bill:





Chief Sponsor: David G. Buxton


8     General Description:
9          This resolution modifies provisions of Senate legislative rules to make technical
10     corrections.
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14     eliminating references to repealed rules provisions, eliminating redundant or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:
17          None
18     Legislative Rules Affected:
19     AMENDS:
20          SR1-1-101
21          SR1-9-101
22          SR2-4-101
23          SR2-5-101
24          SR3-2-312
25          SR3-2-401

26          SR3-2-406
27          SR4-1-101
28          SR4-3-301
29          SR4-4-202
30          SR4-4-301
31          SR4-7-101
32          SR4-8-101
33          SR4-9-101

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 [section] rule:
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
65     provision.
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 [section] rule shall:
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 [section] rule, only legislators, legislative
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) [Before] During a general session, before final passage of [the] a piece of
126     legislation in the Senate, a senator cosponsor of [a bill] the legislation may withdraw as a
127     cosponsor [of that legislation].
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) [distribute copies] ensure a copy of each written amendment or substitute [to
141     members of the committee] is available online.
142          (3) When a chair properly accepts a motion under Subsection (2), the motion is
143     pending.
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
158     Program;
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) [Before] Unless an amendment contains 25 or fewer words, before proposing a
169     motion to amend, a committee member shall ensure that a copy of the proposed amendment
170     [that contains more than 25 words is printed and distributed to committee staff and to all
171     committee members present] is available online.
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 [words] or fewer words.
206          (ii) [A] Unless the amendment contains 10 or fewer words, before a senator makes a
207     motion to amend, the senator shall ensure that a copy of the proposed amendment [containing
208     more than 10 words is printed and distributed to the secretary of the Senate and to all senators
209     before the amendment is proposed] is available online.
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 [JR4-6-101(1)(b)] JR4-5-101;
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
263     shall:
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
279     immediately.
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 [section] rule prevents a senator from challenging the ruling of the
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
301     failed.
302          Section 13. SR4-8-101 is amended to read:
303          SR4-8-101. Definitions.
304          ["Call] As used in this chapter, "call of the Senate" means the process by which the

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 [section] rule, "legislative day" means a day when the Senate
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.