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House passes clean-fuel bill to Senate, later refuses to concur with Senate’s shorter sunset

Utah House of Representatives · May 19, 1992
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Summary

The Utah House sent a clean-fuel vehicle tax credit (House Bill 1) to the Senate after an initial 67-0 vote, then later refused to concur with Senate amendments that shortened the bill’s five-year sunset to two years, citing concerns that a two-year sunset would not spur the necessary private investment in fueling infrastructure.

SALT LAKE CITY — The Utah House of Representatives moved quickly during its third special session to advance a clean-fuel vehicle tax credit and then reject Senate changes that lawmakers said would undercut the policy’s effectiveness.

House Bill 1, a measure to provide tax incentives for converting vehicles to cleaner fuels, was described on the floor by sponsor Representative Norm Nielsen as having suffered a technical hitch in the Senate: one amendment “happened to be left on the desk of the clerk of the senate,” he said, creating a procedural defect that he urged the chamber to correct so the measure could be acted on. With no further discussion, the House reported the bill to the Senate with 67 affirmative votes and 0 negative votes.

After the Senate transmitted an amended version back to the House, Nielsen asked members to refuse to concur in the Senate’s changes. Nielsen told colleagues he and the originating committee intentionally included a five-year sunset so fuel retailers would have time to recover capital investments in pump and dispenser equipment. “I don’t know of a service station attendant anywhere in the state of Utah that would invest on a 2 year chance to recoup that investment,” Nielsen said, referring to a Senate amendment that shortened the sunset to two years. Representative Terry Arrington supported Nielsen’s explanation on the floor, urging members to reject the shorter period.

The House adopted a motion to refuse to concur with the Senate amendments and asked the Senate to recede; the presiding officer noted the communication would be recorded and referred back to the Senate. The voice vote was taken and the motion was announced as passed.

Procedurally, the House’s refusal to concur sends the matter back to the two chambers for negotiation, typically through appointed conferees or further exchange of amendments. The House also took a separate recesses and other procedural steps during the session; a later timetable for negotiations was not established on the floor during the segments provided.

Action items and next steps from the floor: the House formally recorded its refusal to accept the Senate’s shortened sunset and referred that communication to the Senate for further resolution.