Senator Lincoln Fillmore proposes the following substitute bill:


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SENATE RULES RESOLUTION - AMENDMENTS TO

2     
SENATE RULES

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2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This resolution modifies Senate Rules.
10     Highlighted Provisions:
11          This resolution:
12          ▸     updates inconsistent terminology;
13          ▸     removes obsolete language;
14          ▸     incorporates certain language from existing provisions of the Utah Code;
15          ▸     for the first day of an annual general session, removes the requirement that
16     legislation placed on the third reading calendar stay on the third reading calendar
17     until at least the following day;
18          ▸     amends the requirements for a Senate standing committee's disposition of
19     legislation; and
20          ▸     addresses remote participation in a Senate committee meeting.
21     Special Clauses:
22          None
23     Legislative Rules Affected:
24     AMENDS:
25          SR1-4-302
26          SR1-7-101
27          SR3-2-201
28          SR3-2-302
29          SR3-2-402
30          SR3-2-403
31          SR3-2-405
32          SR3-4-101
33          SR3-4-102
34          SR4-3-102
35          SR4-4-202
36     

37     Be it resolved by the Senate of the state of Utah:
38          Section 1. SR1-4-302 is amended to read:
39          SR1-4-302. Duties of the secretary of the Senate.
40     Subject to the chief of staff's direction, the secretary of the Senate shall perform the following
41     duties:
42          (1) certify and transmit legislation to the [Senate] House and inform the [Senate]
43     House of all [House] Senate action;
44          (2) assist in the preparation of the Senate journal and certify it as an accurate reflection
45     of Senate action;
46          (3) make the following technical corrections to legislation either before or following
47     final passage:
48          (a) correct the spelling of words;
49          (b) correct the erroneous division and hyphenation of words;
50          (c) correct mistakes in numbering sections and their references;
51          (d) capitalize words or change capitalized words to lower case;
52          (e) change numbers from words to figures or from figures to words;
53          (f) underscore or remove underscoring in legislation without a motion to amend; or
54          (g) any combination of Subsections (3)(a) through (f);
55          (4) modify the long title of a piece of legislation to ensure that the long title accurately
56     reflects any changes to the legislation made by amendment or substitute;
57          (5) act as custodian of all official documents related to legislation;
58          (6) receive all numbered legislation from the Office of Legislative Research and
59     General Counsel;
60          (7) record the number, title, sponsor, each action, and final disposition of each piece of
61     legislation on the back of the legislation;
62          (8) prepare and distribute the daily order of business each day;
63          (9) advise the president on parliamentary procedure, Joint Rules, and Senate Rules;
64          (10) read, or cause to be read, the title of all bills and other materials as requested by
65     the president;
66          (11) receive committee reports and present them to the Senate;
67          (12) assist with amendments to legislation;
68          (13) record votes and present the results to the president;
69          (14) transmit all enrolled Senate bills and Senate concurrent resolutions to the
70     governor;
71          (15) maintain all calendars for the Senate floor; and
72          (16) other duties as assigned by the chief of staff.
73          Section 2. SR1-7-101 is amended to read:
74          SR1-7-101. Commendation or condolence citations -- Types of citations -- Use of
75     citations.
76          (1) As used in this chapter:
77          (a) (i) "Citation" means a certificate issued to honor or commend an individual or
78     group, or to express condolences to the family of a deceased individual.
79          (ii) "Citation" includes a legislator citation, a Senate citation, and a Utah Legislature
80     citation.
81          (b) "Legislator citation" means a citation issued on behalf of an individual senator.
82          (c) "Senate citation" means a citation issued on behalf of the Senate.
83          (d) "Utah Legislature citation" means a citation issued on behalf of both [houses]
84     chambers of the Legislature.
85          (2) Senators shall use a citation to express the commendation or condolence of a
86     senator, the Senate, or the Legislature.
87          Section 3. SR3-2-201 is amended to read:
88          SR3-2-201. Standing committees -- Creation.
89     There are created the following standing committees to consider legislation during an annual
90     general or special session:
91          (1) Business and Labor;
92          (2) Economic Development and Workforce Services;
93          (3) Education;
94          (4) Government Operations and Political Subdivisions;
95          (5) Health and Human Services;
96          (6) Judiciary, Law Enforcement, and Criminal Justice;
97          (7) Natural Resources, Agriculture, and Environment;
98          (8) Revenue and Taxation;
99          (9) Rules; and
100          (10) Transportation, Public Utilities, Energy, and Technology.
101          Section 4. SR3-2-302 is amended to read:
102          SR3-2-302. Chair to set agenda -- Requirements.
103          The chair shall:
104          (1) set the agenda for a standing committee meeting;
105          [(2) ensure that legislation referred to the committee is considered by the committee
106     within a reasonable time;]
107          [(3)] (2) ensure that legislation tabled by a standing committee is listed on a standing
108     committee agenda as required by SR3-2-408; and
109          [(4)] (3) ensure that legislation placed on the time certain calendar in the Senate is
110     listed on a standing committee agenda before it is scheduled to be heard by the Senate.
111          Section 5. SR3-2-402 is amended to read:
112          SR3-2-402. Standing committee review of legislation with a fiscal impact.
113          Except as provided in SR3-2-401, a standing committee in one or both [houses]
114     chambers shall review legislation before the legislation is held in the opposite [house] chamber
115     because of [its] the legislation's fiscal impact.
116          Section 6. SR3-2-403 is amended to read:
117          SR3-2-403. Standing committee actions to dispose of legislation.
118          [(1) As required by SR3-2-302(2), a chair shall ensure that legislation referred to the
119     committee is considered by the committee within a reasonable time. (2) When a committee has
120     complied with the requirements of SR3-2-302(2), a] A standing committee shall dispose of the
121     legislation by:
122          [(a)] (1) returning the legislation to the Senate Rules Committee;
123          [(b)] (2) tabling the legislation, subject to the requirements of SR3-2-408;
124          [(c)] (3) recommending the legislation to the second reading calendar; or
125          [(d)] (4) referring the legislation to a different standing committee.
126          Section 7. SR3-2-405 is amended to read:
127          SR3-2-405. Consent calendar.
128          [(1)] A standing committee may recommend that legislation in [its] the standing
129     committee's possession be placed on the consent calendar if:
130          [(a)] (1) the committee approves a motion, by a unanimous vote, to send the legislation
131     to the second reading calendar;
132          [(b)] (2) immediately subsequent to that action, the chief sponsor or the chief sponsor's
133     designee under SR3-2-306(3) requests that the legislation be placed on the consent calendar;
134     and
135          [(c)] (3) in a separate motion and vote, the committee unanimously approves the
136     sponsor's request to place the legislation on the consent calendar instead of the second reading
137     calendar.
138          [(2) If, in accordance with SR3-1-102, the Senate Rules Committee forwards a
139     summary report from the Occupational and Professional Licensure Review Committee in
140     conjunction with legislation referred to a standing committee, the chair shall ensure that the
141     summary report is read orally to the committee before action is taken by the committee on the
142     legislation that is related to the summary report.]
143          Section 8. SR3-4-101 is amended to read:
144          SR3-4-101. Chair to preserve order and decorum.
145          (1) The chair shall preserve order and decorum during a Senate committee meeting by:
146          (a) ensuring nothing obstructs a walkway or the view of a meeting attendee;
147          (b) ensuring the meeting is free from any audible or visual disturbance;
148          (c) protecting state property from damage or disarray;
149          (d) prohibiting speech likely to incite or produce imminent lawless action, fighting
150     words, or obscenity; and
151          (e) prohibiting any activity or item that poses a danger to the safety of a meeting
152     attendee.
153          (2) To preserve order and decorum in accordance with Subsection (1), the chair may:
154          (a) prohibit the following:
155          (i) standing, waving, yelling, or clapping;
156          (ii) loud noises;
157          (iii) food or drink, other than water in a closed container;
158          (iv) musical instruments;
159          (v) any item that may require excessive cleanup; or
160          (vi) to the extent necessary to preserve order and decorum, any other item or activity
161     the chair determines necessary;
162          (b) clear the meeting room of one or more individuals;
163          (c) recess the meeting without a motion; or
164          (d) request assistance from:
165          (i) the sergeant-at-arms; or
166          (ii) the Utah Highway Patrol.
167          (3) To the extent reasonably applicable, any action by a chair under this rule applies to
168     a member of the public participating in the meeting via video conference.
169          Section 9. SR3-4-102 is amended to read:
170          SR3-4-102. Prohibited items and activities in Senate committee meetings.
171          (1) A member of the public attending a meeting of a Senate committee may not:
172          [(1)] (a) bring into the meeting room, or possess while in the meeting room, any of the
173     following:
174          [(a)] (i) a sign, poster, banner, or placard;
175          [(b)] (ii) glitter or confetti;
176          [(c)] (iii) a laser pointer;
177          [(d)] (iv) paint;
178          [(e)] (v) an open flame;
179          [(f)] (vi) an incendiary device;
180          [(g)] (vii) a noise maker;
181          [(h)] (viii) flammable liquid; or
182          [(i)] (ix) any harmful or hazardous substance; or
183          [(2)] (b) engage in any of the following while in the meeting room:
184          [(a)] (i) commercial solicitation;
185          [(b)] (ii) leafletting;
186          [(c)] (iii) throwing an item; or
187          [(d)] (iv) adhering any item to a furnishing, wall, or other state property.
188          (2) A member of the public participating in a Senate committee meeting via video
189     conference may not:
190          (a) use a virtual background other than one that is simple and free from distracting
191     visuals; or
192          (b) engage in any behavior that if performed in the meeting room would violate
193     Subsection (1).
194          Section 10. SR4-3-102 is amended to read:
195          SR4-3-102. Consideration of bills.
196          (1) Except for the 1st, 43rd, 44th, and 45th day of the annual general session, [a piece
197     of] legislation may not be read for the third time until at least the day after it is placed on the
198     third reading calendar.
199          (2) Legislation on the third reading calendar shall be considered in the order that it
200     appears on the calendar unless a constitutional majority vote of the members of the Senate
201     directs other action.
202          Section 11. SR4-4-202 is amended to read:
203          SR4-4-202. Disposition of legislation voted on third reading.
204          [(1) Except as provided in Subsection (2), the] The secretary of the Senate or the
205     secretary's designee shall:
206          [(a)] (1) [for a piece of] for Senate legislation passed by the Senate on third reading but
207     not yet acted upon by the House, transmit the Senate legislation to the House for its further
208     action;
209          [(b)] (2) [for a piece of] for Senate legislation that fails to pass the Senate on third
210     reading, file the legislation;
211          [(c)] (3) [for a piece of] for Senate legislation that has passed both [houses] chambers
212     in the same form, follow the procedures and requirements of JR4-5-101;
213          [(d)] (4) [for a piece of] for House legislation passed by the Senate on third reading and
214     not amended or substituted in the Senate, transmit the House legislation to the presiding officer
215     of the House for the presiding officer's signature;
216          [(e)] (5) [for a piece of] for House legislation passed by the Senate on third reading that
217     was amended or substituted in the Senate, transmit the legislation to the House with the
218     amendment or substitute for further action by the House; and
219          [(f)] (6) [for a piece of] for House legislation that fails to pass the Senate on third
220     reading, transmit the legislation to the House with notice of the Senate's action.
221          [(2) When a senator gives notice of intention to move for reconsideration, the secretary
222     of the Senate shall:]
223          [(a) record the notice in the journal; and]
224          [(b) keep possession of the bill until:]
225          [(i) the time for reconsideration has expired as provided in Title 4, Chapter 9,
226     Reconsideration of Senate Action; or]
227          [(ii) the bill has been reconsidered.]
228          Section 12. Effective date.
229          This resolution takes effect upon a successful vote for final passage.