The Scoop on the Second Voucher Bill
Ask a simple question, get a simple answer.
I asked Legislative Research and General Counsel why the second voucher bill (HB 174) contained some, but not all, of the language from the first voucher bill (HB 148) -- resulting, arguably, in the effect that the referendum does not apply to portions of the bill that were amended/superseded by the second bill that is not subject to the referendum. Note use of the word "arguably."
If any part of a section from the first bill was being amended, that entire section of code appeared in the second bill. If a section was not being amended (e.g., the mitigation money), that section did not appear in the second bill.
Hardly a conspiracy.
I asked Legislative Research and General Counsel why the second voucher bill (HB 174) contained some, but not all, of the language from the first voucher bill (HB 148) -- resulting, arguably, in the effect that the referendum does not apply to portions of the bill that were amended/superseded by the second bill that is not subject to the referendum. Note use of the word "arguably."
If any part of a section from the first bill was being amended, that entire section of code appeared in the second bill. If a section was not being amended (e.g., the mitigation money), that section did not appear in the second bill.
Hardly a conspiracy.
posted by steve u. at 6/05/2007
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14 Comments:
OK, Steve that was what I expected to get from them.
For a follow up question, why if 174 was amending sections of the law did they say 'ENACTS' rather than 'AMENDS' in the section titles 'UTAH CODE SECTIONS AFFECTED'?
My guess is that since it was a new law and had just been signed it was not actually in the text of the UTAH CODE yet to it would seem silly to amend something that was not even in the book yet. But doesn't that simply help the argument that 174 was not an enactment of law, but an amendment of exsisting law. It was stated as 'ENACTING' simply because it takes some time to update the code book after laws are passed and signed? That argument is also helped by the fact that there is a coordination clause in 174 to coordinate with 148 yet there is nothing in 148 to indicate that it needs to be coordinated with 174. Because 148 was already law and 174 was simply amending it.
Stacey
Steve, I find your choice of words interesting. HB174 was "amending" HB148. That was clearly the legislative intent (as heard explained by many to the interested in this issue during the session). How can HB174 possible stand on its own if HB148 is repealed via referendum if it was "amending"?
Here's what HB 174 says about it's relationship with HB 148. It's pretty clear:
"Section 7. Coordinating H.B. 174 with H.B. 148 -- Substantively superseding amendments."
"If this H.B. 174 and H.B. 148, Education Vouchers, both pass, it is the intent of the Legislature that the amendments to the sections in this bill supersede the amendments to the same numbered sections in H.B. 148 when the Office of Legislative Research and General Counsel prepares the Utah Code database for publication."
There are several things of note in the language:
1. It clearly states that the amendments to the sections in this bill supersede the amendments to the same numbered sections in H.B. 148. In other words, HB 174 supersedes HB 148.
2. It even says that point No. 1 is the intent of the Legislature. So if this wasn't the intent of some Legislators, why did they vote for a bill that explicitly states that this is their intent??
3. It uses the word "amendment" to even describe the program created by HB 148, and I quote "the amendments to the same numbered sections in H.B. 148".
Clearly, using the term amendment does not signify that one bill is dependent on another because on what bill is HB 148 dependent since it is referred to as an amendment?
The arguments about the word "amend" overlook how broadly the term is used in the legislative process. Every bill is amending the Utah Code or a previous bill in some way or another, but we wouldn't argue that every bill is therefore dependent on the existence of previous bills or section of code.
Clearly, things called "Amendments" can function independently, depending on the nature of the amendment. In this case, I think there's a strong argument that the amendments to the Utah Code created by HB 174 stand independent of the amendments to the Utah Code created by HB 148. That's why the Attorney General has been adamant that the State Board of Education implement HB 174 now.
You were saying.....
The Attorney General was clearly wrong as demonstrated by the Utah Supreme Court decision. And the unanimous decision suggest to me that the basis for his arguments weren't particularly strong.
I think it came down to what was the intent of the legislature. And the intent, as was explained to many people during the session, was the HB174 was modifying HB148. If it had been explained any other way, I don't believe there is any way it would have passed by the margin it did. It was ONLY because it was amending HB148 (including many of the provisions that some legislators to tried put into HB148, but were not allowed to).
The court decision brings the clarity that was desperately needed--kudos to the Utah Supreme Court for returning a speedy decision. I was afraid that it would drag on for some time yet, or worse, that it would not bring clarity to the whole mess.
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