Senator Lincoln Fillmore proposes the following substitute bill:


1     
SENATE RULES RESOLUTION - AMENDMENTS TO

2     
SENATE RULES

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This resolution modifies legislative rules governing the Senate.
10     Highlighted Provisions:
11          This resolution:
12          ▸     modifies references to members of Senate staff;
13          ▸     prohibits a chair from taking public comment from an individual witness unless the
14     individual provides certain information;
15          ▸      if an individual witness is participating via video conference, prohibits a chair from
16     taking the individual's comment unless:
17               •     the individual provides the individual's place of residence; and
18               •     the individual's video is enabled;
19          ▸     allows a standing committee member to make a motion to recess without a quorum
20     present; and
21          ▸     makes corrections to Senate rules, including eliminating obsolete language and
22     clarifying existing requirements.
23     Other Special Clauses:
24          This bill provides a coordination clause.
25     Legislative Rules Affected:
26     AMENDS:
27          SR1-1-101
28          SR1-4-201
29          SR1-4-202
30          SR2-4-106
31          SR3-1-101
32          SR3-1-102
33          SR3-2-306
34          SR3-2-308
35          SR3-2-310
36          SR3-2-318
37          SR3-2-319
38          SR3-2-401
39          SR3-2-405
40          SR3-2-406
41          SR3-2-509
42          SR4-2-201
43          SR4-3-101
44          SR4-3-104
45          SR4-4-101
46          SR4-4-301
47          SR4-7-102
48          SR4-7-104
49     ENACTS:
50          SR1-4-301
51          SR1-4-302
52     REPEALS AND REENACTS:
53          SR1-4-101
54          SR1-4-102
55     Legislative Rules Affected by Coordination Clause:
56          SR3-4-101
57     

58     Be it resolved by the Senate of the state of Utah:
59          Section 1. SR1-1-101 is amended to read:
60          SR1-1-101. Adoption, amendment, or suspension of Senate rules.
61          (1) (a) The Senate shall adopt Senate rules, by a constitutional two-thirds vote, at the
62     beginning of each new Legislature convening in an odd-numbered year.
63          (b) If a motion to adopt the rules under Subsection (1)(a) meets or exceeds a majority
64     vote but fails to reach a constitutional two-thirds vote:
65          (i) rules adopted by the Senate during the immediately preceding annual general
66     session, as amended during that general session and any intervening session, apply to the
67     conduct of the Senate; and
68          (ii) the [secretary of the Senate] presiding officer shall announce to the Senate that the
69     previously adopted rules apply to the newly convened Legislature.
70          (2) (a) Except as provided in this rule:
71          (i) during an annual general session held in an even-numbered year, rules adopted by
72     the Senate during the immediately preceding general session, as amended during that general
73     session and any intervening session, apply to the conduct of the Senate; and
74          (ii) during any special session, Senate rules apply as provided in JR2-1-101.
75          (b) For a session described in Subsection (2)(a), the [secretary of the Senate] presiding
76     officer shall announce to the Senate that the previously adopted rules apply to the newly
77     convened session.
78          (3) Except as provided in Subsection (4), additional rules may be adopted and existing
79     rules may be suspended, amended, or repealed by a majority vote, except for those rules that
80     require a two-thirds vote to adopt, suspend, amend, or repeal, including:
81          (a) rules governing motions for lifting tabled legislation from committee under
82     SR4-3-104; and
83          (b) rules governing consideration of legislation during the last three days of a session.
84          (4) (a) A rule that includes a voting requirement of more than a constitutional majority
85     must be adopted and may only be amended, suspended, or repealed by a constitutional
86     two-thirds vote.
87          (b) If the suspension of any Senate Rule is governed by the Utah Constitution or Utah
88     statutes, the Senate may suspend that rule only as provided by that constitutional or statutory
89     provision.
90          Section 2. SR1-4-101 is repealed and reenacted to read:
91     
Part 1. Senate Chief of Staff

92          SR1-4-101. Appointment of the Senate chief of staff.
93     The president or president-elect of the Senate shall appoint an individual to serve as chief of
94     staff of the Senate.
95          Section 3. SR1-4-102 is repealed and reenacted to read:
96          SR1-4-102. Duties of the Senate chief of staff.
97     The chief of staff shall:
98          (1) appoint the Senate sergeant-at-arms and the secretary of the Senate; and
99          (2) perform other duties as assigned by the president or president-elect.
100          Section 4. SR1-4-201 is amended to read:
101          SR1-4-201. Appointment of sergeant-at-arms.
102          [Before the annual general session of the Legislature is convened, the president or
103     president-elect of the Senate shall appoint a person] The chief of staff shall appoint an
104     individual to serve as sergeant-at-arms of the Senate.
105          Section 5. SR1-4-202 is amended to read:
106          SR1-4-202. Duties of the sergeant-at-arms.
107          [The] Subject to the chief of staff's direction, the sergeant-at-arms and the employees
108     under the sergeant's direction shall:
109          (1) maintain security;
110          (2) enforce the Senate Rules and other legislative rules [at the direction of the presiding
111     officer or the Senate]; and
112          (3) provide other service as requested by the [secretary of the Senate] chief of staff or
113     the president.
114          Section 6. SR1-4-301 is enacted to read:
115     
Part 3. Secretary of the Senate

116          SR1-4-301. Appointment of the secretary of the Senate.
117     The chief of staff shall appoint an individual to serve as secretary of the Senate.
118          Section 7. SR1-4-302 is enacted to read:
119          SR1-4-302. Duties of the secretary of the Senate.
120     Subject to the chief of staff's direction, the secretary of the Senate shall perform the following
121     duties:
122          (1) certify and transmit legislation to the Senate and inform the Senate of all House
123     action;
124          (2) assist in the preparation of the Senate journal and certify it as an accurate reflection
125     of Senate action;
126          (3) make the following technical corrections to legislation either before or following
127     final passage:
128          (a) correct the spelling of words;
129          (b) correct the erroneous division and hyphenation of words;
130          (c) correct mistakes in numbering sections and their references;
131          (d) capitalize words or change capitalized words to lower case;
132          (e) change numbers from words to figures or from figures to words;
133          (f) underscore or remove underscoring in legislation without a motion to amend; or
134          (g) any combination of Subsections (3)(a) through (f);
135          (4) modify the long title of a piece of legislation to ensure that the long title accurately
136     reflects any changes to the legislation made by amendment or substitute;
137          (5) act as custodian of all official documents related to legislation;
138          (6) receive all numbered legislation from the Office of Legislative Research and
139     General Counsel;
140          (7) record the number, title, sponsor, each action, and final disposition of each piece of
141     legislation on the back of the legislation;
142          (8) prepare and distribute the daily order of business each day;
143          (9) advise the president on parliamentary procedure, Joint Rules, and Senate Rules;
144          (10) read, or cause to be read, the title of all bills and other materials as requested by
145     the president;
146          (11) receive committee reports and present them to the Senate;
147          (12) assist with amendments to legislation;
148          (13) record votes and present the results to the president;
149          (14) transmit all enrolled Senate bills and Senate concurrent resolutions to the
150     governor;
151          (15) maintain all calendars for the Senate floor; and
152          (16) other duties as assigned by the chief of staff.
153          Section 8. SR2-4-106 is amended to read:
154          SR2-4-106. Executive sessions.
155          (1) A senator may make a motion to convene the Senate in executive session.
156          (2) When a motion for executive session is adopted, the presiding officer shall direct
157     the sergeant-at-arms to close the Senate chamber doors.
158          (3) The president may require all [persons, except the senators, secretary, reading clerk,
159     docket clerk, and sergeant-at-arms] individuals, except the senators and specified staff, to leave
160     the Senate chamber.
161          (4) During the discussion, every person present shall remain within the Senate
162     chamber.
163          (5) During and after conclusion of the executive session, each person who was present
164     in the executive session shall keep all matters discussed in executive session confidential.
165          Section 9. SR3-1-101 is amended to read:
166          SR3-1-101. Senate Rules Committee -- Appointment -- General responsibilities.
167          (1) The president shall appoint members of the Senate to serve on the Senate Rules
168     Committee.
169          (2) The Senate Rules Committee shall perform the following functions as further
170     elaborated in this part:
171          (a) when assigned by the president, receive introduced legislation from the Senate and
172     recommend that they be assigned to a Senate standing committee or to the Senate second or
173     third reading calendar;
174          (b) after the Senate has sifted -- sent legislation on the second and third reading
175     calendars back to the Senate Rules Committee -- make recommendations to the Senate about
176     which legislation should be assigned to the third reading calendar and the order in which it
177     should be heard; and
178          (c) function as a standing committee or interim committee when reviewing Joint
179     Rules[, Interim Rules,] or Senate Rules.
180          Section 10. SR3-1-102 is amended to read:
181          SR3-1-102. Senate Rules Committee -- Assignment duties.
182          (1) (a) Subject to Subsection (1)(b), the presiding officer shall submit all legislation
183     introduced in the Senate to the Senate Rules Committee.
184          (b) The president may direct legislation to be sent directly to a standing committee or
185     to one of the Senate floor calendars.
186          (2) The Senate Rules Committee shall:
187          (a) examine the legislation referred to it for proper form, including fiscal note and
188     committee note, if any; and
189          (b) (i) refer the legislation to the Senate with a recommendation that the legislation be:
190          (A) referred to a standing committee for consideration;
191          (B) subject to Subsection (3), placed directly onto the second reading calendar;
192          (C) subject to Subsection (3), read the second time and placed onto the consent
193     calendar; or
194          (D) if during the last week of the legislative session, read the second time and placed
195     on the third reading calendar; or
196          (ii) hold the legislation.
197          (3) During an annual general session, the Senate Rules Committee may not refer
198     legislation to the Senate with a recommendation under Subsection (2)(b)(i)(B) or (2)(b)(i)(C)
199     unless:
200          (a) [(i)] a Senate standing committee has given the legislation a favorable
201     recommendation; or
202          [(ii)] (b) the legislation is described in [SR3-2-401(2);and] SR3-2-401(2).
203          [(b) as applicable, the legislation satisfies the posting requirements of JR7-1-602.5.]
204          [(4) If the chair of the Senate Rules Committee receives a summary report from the
205     Occupational and Professional Licensure Review Committee related to newly regulating an
206     occupation or profession within the two calendar years immediately preceding the session in
207     which a piece of legislation is introduced related to the regulation by the Division of
208     Occupational and Professional Licensing of that occupation or profession:]
209          [(a) the chair of the Senate Rules Committee shall ensure that the Senate Rules
210     Committee is informed of the summary report before the Senate Rules Committee takes action
211     on the legislation; and]
212          [(b) if the Senate Rules Committee refers the legislation to the Senate as provided in
213     Subsection (2)(b)(i):]
214          [(i) the Office of Legislative Research and General Counsel shall make the summary
215     report reasonably available to the public and to legislators; and]
216          [(ii) if the legislation is referred to a standing committee, the Senate Rules Committee
217     shall forward the summary report to the standing committee.]
218          [(5)] (4) In carrying out its functions and responsibilities under this rule, the Senate
219     Rules Committee may not amend, substitute, or table legislation without the written consent of
220     the sponsor.
221          Section 11. SR3-2-306 is amended to read:
222          SR3-2-306. Sponsor presentation.
223          (1) Except as provided in Subsection (2), during the presentation phase, a committee
224     member may not amend legislation, substitute legislation, or dispose of legislation. All other
225     motions are in order during the presentation phase.
226          (2) During the presentation phase of a committee meeting, the chair may accept a
227     [simple] motion to amend or substitute legislation if the chair permits:
228          (a) committee questions and debate;
229          (b) public comment as provided in SR3-2-308;
230          (c) the sponsor of the legislation affected by the amendment to respond to the motion
231     to amend; and
232          (d) the committee member who made the motion to amend to have the final word on
233     the motion as required under SR3-2-313.
234          (3) During the presentation phase of a standing committee meeting, the chair shall:
235          (a) permit the chief sponsor or another legislator designated by the chief sponsor to
236     present the chief sponsor's legislation; and
237          (b) except as provided in Subsection (4), and at the election of the chief sponsor or the
238     chief sponsor's designee, permit persons who have expertise on the legislation to assist with the
239     presentation as provided in SR3-2-304.
240          (4) The chair may not permit:
241          (a) legislation to be presented if the chief sponsor or another legislator designated by
242     the chief sponsor is not present; or
243          (b) legislative interns or legislative aides to present legislation.
244          Section 12. SR3-2-308 is amended to read:
245          SR3-2-308. Public comment.
246          (1) During the public comment phase, a committee member may not amend legislation,
247     substitute legislation, or dispose of legislation. All other motions are in order during the public
248     comment phase.
249          (2) During the public comment phase of a committee meeting:
250          (a) the chair, or a committee by majority vote, may limit the time an individual witness
251     or presenter speaks to a committee as authorized under SR3-2-304; [and]
252          (b) the chair, or the committee by majority vote, may terminate the public comment
253     phase at any time[.]; and
254          (c) the chair may not take comment from an individual witness unless:
255          (i) the individual provides the individual's legal name and the entity that the individual
256     represents, if any; and
257          (ii) if the individual is participating via video conference:
258          (A) the individual provides the individual's place of residence; and
259          (B) the individual's video is enabled.
260          (3) Unless the chair, or a committee by majority vote, permits additional public
261     comment, once the public comment phase has ended only committee members, legislative
262     sponsors, staff, and those authorized under SR3-2-306 may address the committee.
263          Section 13. SR3-2-310 is amended to read:
264          SR3-2-310. Chair to preserve order -- Powers to preserve order.
265          (1) The chair shall preserve order and decorum during standing committee meetings
266     by:
267          (a) controlling outbursts and demonstrations; and
268          (b) ensuring that committee members, presenters, witnesses, and visitors act in a
269     dignified and respectful manner.
270          (2) To preserve order, the chair may:
271          (a) clear the committee room of any person who engages in disorderly conduct;
272          (b) recess a standing committee meeting without a vote; or
273          (c) request assistance from:
274          (i) the sergeant-at-arms; or
275          (ii) the Utah Highway Patrol.
276          Section 14. SR3-2-318 is amended to read:
277          SR3-2-318. Chair to send standing committee reports to the Senate.
278          (1) When a standing committee approves a motion to dispose of legislation under the
279     requirements of SR3-2-408 or SR3-2-403, the chair shall, no later than the next legislative day,
280     submit to the secretary of the Senate:
281          (a) the official version of the legislation; and
282          (b) a committee report, signed by the chair, describing the committee's action.
283          (2) If, for any reason, the chair does not submit a committee report to the secretary of
284     the Senate as required in Subsection (1), the secretary of the Senate shall ensure that the official
285     version of the legislation and the committee report are submitted before the end of the second
286     legislative day after the [legislation was acted on by a standing committee] committee disposed
287     of the legislation.
288          Section 15. SR3-2-319 is amended to read:
289          SR3-2-319. Chair to ensure integrity of minutes -- Retention of minutes.
290          (1) The chair shall:
291          (a) ensure that a secretary takes minutes of standing committee meetings;
292          (b) present the minutes to the committee for approval; and
293          (c) send the approved minutes to [the office of the secretary of] the Senate.
294          [(2) The secretary of the Senate shall retain committee minutes for three years.]
295          [(3)] (2) The chair shall ensure that committee minutes comply with the requirements
296     of Utah Code Title 52, Chapter 4, Open and Public Meetings Act.
297          [(4) The chair shall ensure that committee minutes include:]
298          [(a) the date, time, and place of each committee meeting;]
299          [(b) a list of committee members present;]
300          [(c) each motion made;]
301          [(d) the vote on each motion;]
302          [(e) points of order; and]
303          [(f) the outcome of each appeal of the decision of the chair.]
304          Section 16. SR3-2-401 is amended to read:
305          SR3-2-401. Standing committee review required -- Exceptions.
306          (1) Except as provided in Subsection (2), the Senate may not pass a bill, joint
307     resolution, or concurrent resolution during the annual general session unless a Senate standing
308     committee has given a favorable recommendation to the legislation.
309          (2) Subsection (1) does not apply to:
310          (a) a resolution regarding legislative rules or legislative personnel;
311          (b) legislation that [has been approved by a unanimous vote of the members present at
312     an interim committee meeting] is a committee bill as defined in JR7-1-101 that:
313          (i) received its favorable recommendation by a unanimous vote of the members present
314     at the authorized legislative committee meeting; and
315          (ii) satisfied the posting requirements described in JR7-1-602.5;
316          (c) legislation placed on a reading calendar in accordance with SR3-1-102(1)(b);
317          [(c)] (d) the revisor's statute; or
318          [(d)] (e) if the legislation was reviewed and approved by the Executive Appropriations
319     Committee, legislation that:
320          (i) exclusively appropriates money;
321          (ii) amends Utah Code Title 53F, Chapter 2, State Funding -- Minimum School
322     Program;
323          (iii) amends Utah Code Title 67, Chapter 22, State Officer Compensation; or
324          (iv) authorizes the issuance of general obligation or revenue bonds.
325          Section 17. SR3-2-405 is amended to read:
326          SR3-2-405. Consent calendar.
327          (1) A standing committee may recommend that legislation in its possession be placed
328     on the consent calendar if:
329          (a) the committee approves a motion, by a unanimous vote, to send the legislation to
330     the second reading calendar;
331          (b) immediately subsequent to that action, the chief sponsor or the chief sponsor's
332     designee under SR3-2-306(3) requests that the legislation be placed on the consent calendar;
333     and
334          (c) in a separate motion and vote, the committee unanimously approves the sponsor's
335     request to place the legislation on the consent calendar instead of the second reading calendar.
336          (2) If, in accordance with SR3-1-102, the Senate Rules Committee forwards a
337     summary report from the Occupational and Professional Licensure Review Committee in
338     conjunction with legislation referred to a standing committee, the chair shall ensure that the
339     summary report is read orally to the committee before action is taken by the committee on the
340     legislation that is related to the summary report.
341          Section 18. SR3-2-406 is amended to read:
342          SR3-2-406. Amending legislation -- Amendments must be germane.
343          (1) (a) Except as provided in Subsection (2), and if recognized by the chair during the
344     presentation phase or the committee action phase, a committee member may make a motion to
345     amend the legislation that is under consideration.
346          (b) (i) A committee member may propose a verbal amendment to the legislation under
347     consideration if the amendment contains 25 or fewer words.
348          (ii) Unless an amendment contains 25 or fewer words, before proposing a motion to
349     amend, a committee member shall ensure that a copy of the proposed amendment is available
350     online.
351          (2) (a) A committee member may only make a motion to amend that is germane to the
352     subject of the legislation under consideration.
353          (b) A committee member who believes that an amendment is not germane to the
354     subject of the legislation may make a point of order or appeal as described in SR3-2-506.
355          Section 19. SR3-2-509 is amended to read:
356          SR3-2-509. Prohibited motions.
357          (1) (a) Except for a motion to adjourn or a motion to recess, a committee member may
358     not make a motion unless a quorum of the standing committee is present.
359          (b) When a quorum is not present, a motion to adjourn or a motion to recess is passed
360     with a majority vote of those present.
361          (2) No motion is in order during a vote.
362          (3) A point of order is not in order during a vote.
363          (4) A committee member may not make a motion to:
364          (a) strike the enacting clause of legislation; or
365          (b) circle legislation.
366          Section 20. SR4-2-201 is amended to read:
367          SR4-2-201. Point of order.
368          (1) (a) If a senator believes that there has been a breach of order, a breach of rules, or a
369     breach of established parliamentary practice, the senator may rise and, without being
370     recognized, state: "point of order."
371          (b) When a senator raises a point of order:
372          (i) the presiding officer shall interrupt the proceedings;
373          (ii) the senator who has the floor shall yield the floor; and
374          (iii) the presiding officer shall ask the senator raising the point of order to "state your
375     point."
376          (c) When the presiding officer responds "state your point," the senator shall briefly
377     explain the alleged breach to the body, citing to appropriate authority if possible.
378          (2) (a) The presiding officer may speak to points of order in preference to other
379     senators rising for that purpose.
380          (b) The presiding officer may:
381          (i) rule on the point of order immediately;
382          (ii) consult with the secretary of the Senate [and then rule], other staff, or another
383     senator before ruling on the point of order; or
384          (iii) defer the point of order until the presiding officer can research and rule on the
385     point of order.
386          (c) (i) Although points of order are generally decided without debate, the presiding
387     officer may submit the point of order to the Senate for decision in doubtful cases.
388          (ii) If submitted to the Senate for decision, a presiding officer shall allow debate or
389     discussion on the point of order by recognizing members of the Senate who wish to speak to
390     the point of order.
391          (iii) A decision by the Senate deciding a point of order is not subject to appeal.
392          (3) When the presiding officer rules on the point of order, any senator who disagrees
393     with the presiding officer's decision may appeal that decision to the Senate by following the
394     procedures and requirements of SR4-2-202.
395          Section 21. SR4-3-101 is amended to read:
396          SR4-3-101. Bills placed on calendars.
397          (1) [(a) The secretary of the Senate shall cause each bill reported to the Senate by a
398     Senate standing committee or the Senate Rules Committee to be placed at the bottom of the
399     second reading calendar or on the consent calendar in the order that the bill is received.]
400          [(b)] The secretary of the Senate shall cause legislation to be placed on a Senate
401     calendar described in Title 4, Part 4, Senate Calendars, as provided in Senate Rules and
402     directed by the presiding officer.
403          (2) The presiding officer shall ensure that each bill that is placed on the [second] third
404     reading calendar without a fiscal note is circled until the fiscal note is received.
405          [(2)] (3) The secretary of the Senate shall ensure that [each bill] legislation on the
406     second reading calendar that is passed by a constitutional majority vote is placed at the bottom
407     of the third reading calendar.
408          Section 22. SR4-3-104 is amended to read:
409          SR4-3-104. Action of bills tabled in committee.
410          (1) (a) A senator may make a motion to lift [a bill tabled in the standing committee
411     from the secretary of the Senate or from the standing committee that has possession of the bill]
412     legislation tabled in a standing committee.
413          (b) If the motion passes by a two-thirds vote of those senators present on the floor of
414     the Senate, the [bill] legislation is placed on the Senate second reading calendar.
415          (2) The president of the Senate [can reassign a bill] may reassign legislation tabled in a
416     standing committee to another standing committee.
417          Section 23. SR4-4-101 is amended to read:
418          SR4-4-101. Second reading calendar.
419          (1) (a) After the Senate considers all legislation on the third reading calendar that is not
420     circled or tabled, the Senate shall consider legislation on the second reading calendar as
421     follows:
422          (i) the presiding officer shall cause each piece of legislation on the second reading
423     calendar to be read by title before debate begins, unless the Senate suspends this requirement
424     by a two-thirds vote;
425          (ii) the secretary of the Senate or the secretary's designee shall read the committee
426     report, noting for the Senate those instances when the legislation did not receive a Senate
427     standing committee review or an interim committee review;
428          (iii) if the Senate passes a motion to adopt a "favorable" committee report, the
429     legislation, including any substitute or amendment adopted by the standing committee that is
430     identified in the committee report, is before the Senate; and
431          (iv) the presiding officer shall allow debate on the legislation.
432          (b) If the Senate fails to pass a motion to adopt a "favorable" committee report, the
433     legislation will be returned to the [secretary of the Senate] Senate Rules Committee.
434          (2) (a) The final question on second reading is: "Shall the bill (resolution) be read a
435     third time?"
436          (b) The presiding officer shall place the question as a roll call vote.
437          (c) If a constitutional majority of the Senate votes in favor of the motion, the legislation
438     is passed to the third reading calendar.
439          Section 24. SR4-4-301 is amended to read:
440          SR4-4-301. Consent calendar.
441          (1) If a standing committee report recommends that [a piece of] legislation be placed
442     on the consent calendar and the standing committee report is adopted by the Senate, the
443     secretary of the Senate or the secretary's designee shall:
444          (a) read the legislation for the second time; and
445          (b) place the legislation on the consent calendar.
446          (2) (a) Whenever the consent calendar contains legislation, the presiding officer shall
447     inform the Senate each day that:
448          (i) there are items on the consent calendar; and
449          (ii) if any senator objects to [a piece of] any legislation on the consent calendar, three
450     or more senators may move the legislation to the second reading calendar by notifying the
451     [secretary of the Senate] presiding officer verbally or in writing.
452          (b) If the [secretary of the Senate] presiding officer receives requests to move [a piece
453     of] legislation from the consent calendar to the second reading calendar from three or more
454     senators, the secretary shall:
455          (i) remove the legislation from the consent calendar; and
456          (ii) place the legislation at the bottom of the second reading calendar.
457          (3) If, after three days during which the Senate has floor time, no more than two
458     members have registered objections to the legislation, the legislation shall be:
459          (a) read the third time;
460          (b) placed before the Senate; and
461          (c) considered for final passage.
462          (4) (a) The presiding officer shall pose the question on each consent calendar bill in the
463     following form:
464          "The presiding officer has determined that a quorum is present.
465          Those who favor the question say, 'aye.'
466          Does the chair hear a single dissenting nay to the question?"
467          (b) If the presiding officer hears no nays to the question, a unanimous vote of the
468     senators present shall be recorded in favor of the legislation.
469          (c) If the presiding officer hears any nays to the question, a roll call vote shall be taken
470     immediately.
471          (5) Notwithstanding the requirements of Subsection (4), any senator may, before the
472     roll call vote is taken, make a motion to remove the bill from the consent calendar and place it
473     on the bottom of the third reading calendar.
474          (6) Nothing in this rule prevents a senator from challenging the ruling of the chair or
475     asking for a vote on any question.
476          Section 25. SR4-7-102 is amended to read:
477          SR4-7-102. Number of votes required for passage.
478          (1) Unless otherwise specified in these rules:
479          (a) each piece of legislation requires a constitutional majority vote -- 15 votes -- to
480     pass;
481          (b) amendments to the Utah Constitution, amendments to court rules, and certain
482     motions specified in these rules require a constitutional two-thirds vote -- 20 votes -- to pass;
483          (c) legislation described in Utah Constitution, Article VI, Section 25 that is intended to
484     take effect earlier than 60 days after adjournment of the session in which it passes requires a
485     constitutional two-thirds vote -- 20 votes -- to pass with that immediate effective date;
486          (d) certain motions require a two-thirds vote -- two-thirds of those present -- to pass;
487     and
488          (e) other motions require a majority vote -- a majority of those present -- to pass.
489          (2) The Senate may only suspend a rule requiring that a motion must receive a
490     two-thirds vote or a constitutional two-thirds vote to pass by a two-thirds vote.
491          Section 26. SR4-7-104 is amended to read:
492          SR4-7-104. Disturbing Senate staff during voting prohibited.
493          While a roll call vote is being taken, a person may not disturb or remain by the desks of
494     [the secretary of the Senate, the docket clerk, the reading clerk, the voting machine operator, or
495     the public address system operator] Senate staff conducting or helping to conduct the roll call
496     vote.
497          Section 27. Coordinating S.R. 4 with S.R. 2 -- Substantive amendments.
498          If this S.R. 4 and S.R. 2, Senate Rules Resolution - Senate Committee Security, both
499     pass, it is the intent of the Legislature that the Office of Legislative Research and General
500     Counsel, in preparing the Senate Rules for publication, amend SR3-4-101(2)(c) in S.R. 2 to
501     read:
502          "(c) recess the meeting without a motion; or".