1     
JOINT RULES RESOLUTION ON PROCEDURE

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     Committee Note:
9          The Legislative Process Committee recommended this bill.
10               Legislative Vote:     7 voting for     0 voting against     1 absent
11     General Description:
12          This rules resolution amends and enacts provisions related to legislative procedure.
13     Highlighted Provisions:
14          This resolution:
15          ▸     provides authority to the legislative general counsel to correct technical errors in
16     legislative rule;
17          ▸     addresses the circumstances under which the Senate or House of Representatives
18     may amend or substitute legislation after it passes both houses; and
19          ▸     makes technical and conforming changes.
20     Special Clauses:
21          None
22     Legislative Rules Affected:
23     AMENDS:
24          JR3-2-901
25          JR4-3-108
26     ENACTS:
27          JR1-1-103

28     

29     Be it resolved by the Legislature of the state of Utah:
30          Section 1. JR1-1-103 is enacted to read:
31          JR1-1-103. Legislative general counsel to correct certain technical errors in
32     legislative rules.
33          The legislative general counsel may correct technical errors in the Rules of the Utah
34     Legislature in preparing the rules for publication, including:
35          (1) adopting a uniform system of punctuation, capitalization, numbering, or wording;
36          (2) eliminating duplication or the repeal of rules directly or by implication, including
37     renumbering when necessary;
38          (3) correcting defective or inconsistent rule or paragraph structure in the arrangement
39     of the subject matter of existing rules;
40          (4) eliminating obsolete or redundant words;
41          (5) correcting obvious errors or inconsistencies, including those involving punctuation,
42     capitalization, cross references, numbering, or wording;
43          (6) changing the boldface to more accurately reflect the substance of each rule, part,
44     chapter, or title; and
45          (7) merging or determining priority of any amendments, enactments, or repealers to the
46     same rule provisions.
47          Section 2. JR3-2-901 is amended to read:
48          JR3-2-901. Appointment and chairs -- Notice.
49          (1) (a) If the Senate refuses to concur in the House amendments to a Senate bill, the
50     secretary of the Senate shall notify the House of the refusal and ask the House to recede from
51     its amendments.
52          (b) Either house may recede from its position on any difference existing between the
53     two houses by a majority vote of its members.
54          (c) (i) If the House refuses to recede, the speaker shall appoint a conference committee
55     of three.
56          (ii) After making the appointment, the speaker shall:
57          (A) publicly announce the House members of the conference committee and the time
58     and place that the conference committee will meet;

59          (B) ensure that no more than two of the appointees are members of the majority party;
60     and
61          (C) direct House staff to provide electronic notice that identifies the House members of
62     the conference committee and the time and place of the conference committee meeting.
63          (d) If the speaker does not immediately appoint a conference committee, the president
64     may appoint a conference committee as provided in Subsection (2)(c).
65          (e) After the Senate refuses to concur in the House amendments to a Senate bill, the
66     House may not amend or substitute the bill, unless:
67          (i) the sole effect of the amendment or substitute is to recede from one or more House
68     amendments to the bill; or
69          (ii) the amendment or substitute is part of a conference committee report.
70          (2) (a) If the House refuses to concur in the Senate amendments to a House bill, the
71     chief clerk of the House shall notify the Senate of the refusal and ask the Senate to recede from
72     its amendments.
73          (b) Either house may recede from its position on any difference existing between the
74     two houses by a majority vote of its members.
75          (c) (i) If the Senate refuses to recede, the president shall appoint a conference
76     committee of three.
77          (ii) After making the appointment, the president shall:
78          (A) publicly announce the Senate members of the conference committee and the time
79     and place that the conference committee will meet;
80          (B) ensure that no more than two of the appointees are members of the majority party;
81     and
82          (C) direct Senate staff to provide electronic notice that identifies the Senate members
83     of the conference committee and the time and place of the conference committee meeting.
84          (d) If the president does not immediately appoint a conference committee, the speaker
85     may appoint a conference committee as provided in Subsection (1)(c).
86          (e) After the House refuses to concur in the Senate amendments to a House bill, the
87     Senate may not amend or substitute the bill, unless:
88          (i) the sole effect of the amendment or substitute is to recede from one or more Senate
89     amendments to the bill; or

90          (ii) the amendment or substitute is part of a conference committee report.
91          (3) (a) Whenever the president or speaker appoints a conference committee, the
92     secretary of the Senate or chief clerk of the House shall:
93          (i) immediately notify the other house of the action taken; and
94          (ii) request the appointment of conference committee members from that other house.
95          (b) After receiving the notice and request, the presiding officer of the other house shall:
96          (i) appoint a conference committee of three;
97          (ii) publicly announce the members of the conference committee from that house and
98     the time and place that the conference committee will meet; and
99          (iii) direct staff to provide electronic notice that identifies the members of the
100     conference committee and the time and place of the conference committee meeting.
101          (4) (a) The first senator named on the conference committee is the Senate chair of the
102     committee, and the first representative named on the conference committee is the House chair.
103          (b) The conference committee chairs shall direct the preparation of the conference
104     committee report.
105          Section 3. JR4-3-108 is amended to read:
106          JR4-3-108. Consideration and action on amendments to legislation made in the
107     other chamber.
108          (1) (a) If the Senate amends and passes, or substitutes and passes, a piece of House
109     legislation, the House:
110          (i) must either "concur" or "refuse to concur" in the amendments or substitute[.]; and
111          (ii) may not amend or substitute the legislation.
112          (b) (i) If the House concurs, the legislation shall be voted on for final passage in the
113     House.
114          (ii) If the legislation passes, the chief clerk of the House shall notify the Senate, obtain
115     the signatures required by JR4-6-101, and send the legislation to the Office of Legislative
116     Research and General Counsel for enrolling.
117          (c) If the House refuses to concur in the Senate amendments or substitute to a piece of
118     House legislation, the chief clerk of the House and the House shall follow the procedures and
119     requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference Committees.
120          (2) (a) If the House amends and passes, or substitutes and passes, a piece of Senate

121     legislation, the Senate:
122          (i) must either "concur" or "refuse to concur" in the amendments or substitute[.]; and
123          (ii) may not amend or substitute the legislation.
124          (b) (i) If the Senate concurs, the legislation shall be voted on for final passage in the
125     Senate.
126          (ii) If the legislation passes, the secretary of the Senate shall notify the House, obtain
127     the signatures required by JR4-6-101, and send the legislation to the Office of Legislative
128     Research and General Counsel for enrolling.
129          (c) If the Senate refuses to concur in the House amendments or substitute to a piece of
130     Senate legislation, the secretary of the Senate and the Senate shall follow the procedures and
131     requirements of Joint Rules Title 3, Chapter 2, Part 9, Conference Committees.