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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
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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[
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[
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.