H.B. 33

1

RESPONSIBILITIES OF LEGISLATIVE
2 GENERAL COUNSEL
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Greg J. Curtis
6 This act modifies the Legislative Code and enlarges the legislative client represented by
7 the legislative general counsel in cases and controversies. This act makes technical
8 changes. This act has an immediate effective date.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 36-12-12, as last amended by Chapter 55, Laws of Utah 1993
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 36-12-12 is amended to read:
14 36-12-12. Legislative research and general counsel -- Office established -- Powers,
15 functions, and duties -- Organization of office -- Selection of director and general counsel.
16 (1) There is established an Office of Legislative Research and General Counsel as a
17 permanent staff office for the Legislature.
18 (2) The powers, functions, and duties of the Office of Legislative Research and General
19 Counsel under the supervision of the director shall be:
20 (a) to provide research and legal staff assistance to all standing, special, and interim
21 committees as follows:
22 (i) to assist each committee chairman in planning the work of the committee;
23 (ii) to prepare and present research and legal information in accordance with committee
24 instructions or instructions of the committee chairman;
25 (iii) to prepare progress reports of committee work when requested; and
26 (iv) to prepare a final committee report in accordance with committee instructions,
27 [which shall include] that includes relevant research information, committee policy

28 recommendations, and recommended legislation;
29 (b) to collect and examine the acts and official reports of any state and report their
30 contents to any committee or member of the Legislature;
31 (c) to provide research and legal analysis services to any interim committee, legislative
32 standing committee, or individual legislator on actual or proposed legislation or subjects of
33 general legislative concern;
34 (d) to maintain a legislative research library [which] that provides analytical, statistical,
35 legal, and descriptive data relative to current and potential governmental and legislative
36 subjects;
37 (e) (i) to exercise under the direction of the general counsel the constitutional authority
38 provided in Article VI, Sec. 32, Utah Constitution, in serving as legal counsel to the
39 Legislature, majority and minority leadership of the House or Senate, any of the Legislature's
40 committees or subcommittees, individual legislators, any of the Legislature's staff offices, or
41 any of the [professional] legislative staff; and
42 (ii) to represent the Legislature, majority and minority leadership of the House or
43 Senate, any of the Legislature's committees or subcommittees, individual legislators, any of the
44 Legislature's staff offices, or any of the [professional] legislative staff in cases and
45 controversies before courts and administrative agencies and tribunals;
46 (f) to prepare and assist in the preparation of legislative bills, resolutions, memorials,
47 amendments, and other documents or instruments required in the legislative process and, under
48 the direction of the general counsel, give advice and counsel regarding them to the Legislature,
49 majority and minority leadership of the House or Senate, any of its members or members-elect,
50 any of its committees or subcommittees, or the [professional] legislative staff;
51 (g) under the direction of the general counsel, to review, examine, and correct any
52 technical errors and approve legislation that has passed both houses in order to enroll the
53 legislation and prepare the laws for publication;
54 (h) to keep on file records concerning all legislation and proceedings of the Legislature
55 with respect to [this] legislation referred to in Subsection (2)(g);
56 (i) to formulate recommendations for the revision, clarification, classification,
57 arrangement, codification, annotation, and indexing of Utah statutes, and to develop proposed
58 legislation to effectuate the recommendations;

59 (j) to appoint and develop a professional staff within budget limitations; and
60 (k) to prepare and submit the annual budget request for [such office] the Office of
61 Legislative Research and General Counsel.
62 (3) The statutory authorization of the Office of Legislative Research and General
63 Counsel to correct technical errors provided in Subsection (2)(g) includes:
64 (a) adopting a uniform system of punctuation, capitalization, numbering, and wording;
65 (b) eliminating duplication and the repeal of laws directly or by implication, including
66 renumbering when necessary;
67 (c) correcting defective or inconsistent section and paragraph structure in the
68 arrangement of the subject matter of existing statutes;
69 (d) eliminating all obsolete and redundant words;
70 (e) correcting obvious errors and inconsistencies including those involving
71 punctuation, capitalization, cross references, numbering, and wording;
72 (f) changing the boldface to more accurately reflect the substance of each section, part,
73 chapter, or title; and
74 (g) merging or determining priority of any amendments, enactments, or repealers to the
75 same code provisions that are passed by the Legislature.
76 (4) In carrying out the duties provided for in this section, the director of the Office of
77 Legislative Research and General Counsel may obtain access to all records, documents, and
78 reports necessary to the scope of [his] the director's duties according to the procedures
79 contained in Title 36, Chapter 14, Legislative Subpoena Powers.
80 (5) In organizing the management of the Office of Legislative Research and General
81 Counsel, the Legislative Management Committee may either:
82 (a) select a person to serve as both the director of the office and as general counsel. In
83 such case, the director of the office shall be a lawyer admitted to practice in Utah and shall
84 have practical management experience or equivalent academic training; or
85 (b) select a person to serve as director of the office who would have general
86 supervisory authority and select another person to serve as the legislative general counsel
87 within the office. In such case, the director of the office shall have a master's degree in public
88 or business administration, economics, or the equivalent in academic or practical experience
89 and the legislative general counsel shall be a lawyer admitted to practice in Utah.

90 Section 2. Effective date.
91 If approved by two-thirds of all the members elected to each house, this act takes effect
92 upon approval by the governor, or the day following the constitutional time limit of Utah
93 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
94 the date of veto override.




Legislative Review Note
as of 11-27-02 2:24 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-12-02 4:28 PM

The Legislative Management Committee recommended this bill.