S.B. 212

1

REVISORS DIRECTIVE ON
2 UNCONSTITUTIONAL STATUTES
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Scott D. McCoy
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill directs the Office of Legislative Research and General Counsel to file an
11 annual report of those Utah Code provisions held unconstitutional which may have a
12 high probability of being held unconstitutional based on certain appellate court
13 opinions.
14 Highlighted Provisions:
15 This bill:
16 . requires the Office of Legislative Research and General Counsel to make an annual
17 report to the Judiciary Interim Committee regarding any final, unappealable opinion
18 by certain appellate courts:
19 . that holds a Utah Code provision is unconstitutional; or
20 . that suggests there is a high probability that a Utah Code provision could be
21 held unconstitutional.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 36-12-12, as last amended by Chapter 92, Laws of Utah 2003
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 36-12-12 is amended to read:
32 36-12-12. Office of Legislative Research and General Counsel -- Established --
33 Powers, functions, and duties -- Organization of office -- Selection of director and general
34 counsel.
35 (1) There is established an Office of Legislative Research and General Counsel as a
36 permanent staff office for the Legislature.
37 (2) The powers, functions, and duties of the Office of Legislative Research and General
38 Counsel under the supervision of the director shall be:
39 (a) to provide research and legal staff assistance to all standing, special, and interim
40 committees as follows:
41 (i) to assist each committee chairman in planning the work of the committee;
42 (ii) to prepare and present research and legal information in accordance with committee
43 instructions or instructions of the committee chairman;
44 (iii) to prepare progress reports of committee work when requested; and
45 (iv) to prepare a final committee report in accordance with committee instructions, that
46 includes relevant research information, committee policy recommendations, and recommended
47 legislation;
48 (b) to collect and examine the acts and official reports of any state and report their
49 contents to any committee or member of the Legislature;
50 (c) to provide research and legal analysis services to any interim committee, legislative
51 standing committee, or individual legislator on actual or proposed legislation or subjects of
52 general legislative concern;
53 (d) to maintain a legislative research library that provides analytical, statistical, legal,
54 and descriptive data relative to current and potential governmental and legislative subjects;
55 (e) (i) to exercise under the direction of the general counsel the constitutional authority
56 provided in Article VI, Sec. 32, Utah Constitution, in serving as legal counsel to the
57 Legislature, majority and minority leadership of the House or Senate, any of the Legislature's
58 committees or subcommittees, individual legislators, any of the Legislature's staff offices, or

59 any of the legislative staff; and
60 (ii) to represent the Legislature, majority and minority leadership of the House or
61 Senate, any of the Legislature's committees or subcommittees, individual legislators, any of the
62 Legislature's staff offices, or any of the legislative staff in cases and controversies before courts
63 and administrative agencies and tribunals;
64 (f) to prepare and assist in the preparation of legislative bills, resolutions, memorials,
65 amendments, and other documents or instruments required in the legislative process and, under
66 the direction of the general counsel, give advice and counsel regarding them to the Legislature,
67 majority and minority leadership of the House or Senate, any of its members or members-elect,
68 any of its committees or subcommittees, or the legislative staff;
69 (g) under the direction of the general counsel, to review, examine, and correct any
70 technical errors and approve legislation that has passed both houses in order to enroll the
71 legislation and prepare the laws for publication;
72 (h) to keep on file records concerning all legislation and proceedings of the Legislature
73 with respect to legislation referred to in Subsection (2)(g);
74 (i) to formulate recommendations for the revision, clarification, classification,
75 arrangement, codification, annotation, and indexing of Utah statutes, and to develop proposed
76 legislation to effectuate the recommendations;
77 (j) to appoint and develop a professional staff within budget limitations; and
78 (k) to prepare and submit the annual budget request for the Office of Legislative
79 Research and General Counsel.
80 (3) The statutory authorization of the Office of Legislative Research and General
81 Counsel to correct technical errors provided in Subsection (2)(g) includes:
82 (a) adopting a uniform system of punctuation, capitalization, numbering, and wording;
83 (b) eliminating duplication and the repeal of laws directly or by implication, including
84 renumbering when necessary;
85 (c) correcting defective or inconsistent section and paragraph structure in the
86 arrangement of the subject matter of existing statutes;
87 (d) eliminating all obsolete and redundant words;
88 (e) correcting obvious errors and inconsistencies including those involving
89 punctuation, capitalization, cross references, numbering, and wording;

90 (f) changing the boldface to more accurately reflect the substance of each section, part,
91 chapter, or title; and
92 (g) merging or determining priority of any amendments, enactments, or repealers to the
93 same code provisions that are passed by the Legislature.
94 (4) In carrying out the duties provided for in this section, the director of the Office of
95 Legislative Research and General Counsel may obtain access to all records, documents, and
96 reports necessary to the scope of the director's duties according to the procedures contained in
97 Title 36, Chapter 14, Legislative Subpoena Powers.
98 (5) In organizing the management of the Office of Legislative Research and General
99 Counsel, the Legislative Management Committee may either:
100 (a) select a person to serve as both the director of the office and as general counsel. In
101 such case, the director of the office shall be a lawyer admitted to practice in Utah and shall
102 have practical management experience or equivalent academic training; or
103 (b) select a person to serve as director of the office who would have general
104 supervisory authority and select another person to serve as the legislative general counsel
105 within the office. In such case, the director of the office shall have a master's degree in public
106 or business administration, economics, or the equivalent in academic or practical experience
107 and the legislative general counsel shall be a lawyer admitted to practice in Utah.
108 (6) The Office of Legislative Research and General Counsel shall file a report by July 1
109 of each year with the Judiciary Interim Committee on the potential impact to Utah's laws
110 related to any final, unappealable opinion reported in the immediately preceding calendar year:
111 (a) (i) by the United States Supreme Court;
112 (ii) by the United States Court of Appeals for the Tenth Circuit;
113 (iii) by the Utah Supreme Court; or
114 (iv) by the Utah Court of Appeals; and
115 (b) (i) that holds a Utah Code provision is unconstitutional; or
116 (ii) that suggests there is a high probability that a Utah Code provision could be held
117 unconstitutional.

Legislative Review Note
as of 1-29-07 11:19 AM

Office of Legislative Research and General Counsel