(1) There is a legislative council. Subject to subsection (3), (2), the legislative council consists of:

(a) the speaker of the house, the minority leader of the house, and and, subject to 5-5-234, four members chosen by the speaker of the house, no more than two of whom may be of from the same political majority party party; and two from the minority party; and

(b) the president of the senate, the minority leader of the senate, and and, subject to 5-5-234, four members chosen by the committee on committees, no more than two of whom may be of from the same political majority party and two from the minority party.

(2) No more than three members If a legislator is or would of be each house may be a member of the same political party. legislative council by virtue of a legislative leadership position and the legislator will not serve in the following legislative session because of term limits, the legislator may designate another member of the same house and the same political party to serve on the legislative council in the legislator's place.

(3) If a legislator is or would be a member of the legislative council by virtue of a legislative leadership position and the legislator will not serve in the following legislative session because of term limits, the legislator may designate another member of the same house and the same political party to serve on the legislative council in the legislator's place.

Appointment and composition of council