This document includes House Committee Amendments incorporated into the bill on Mon, Mar 5, 2018 at 7:51 PM by bbryner.
Representative Merrill F. Nelson proposes the following substitute bill:




Chief Sponsor: J. Stuart Adams

House Sponsor: Merrill F. Nelson


8     General Description:
9          This bill provides the circumstances as to when the Legislature may intervene in
10     litigation.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that the Legislature may intervene as a matter of right in litigation under
14     certain circumstances;
15          ▸     addresses federal cases;
16          ▸     requires the attorney general to provide notice to the legislative general counsel; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          36-12-7, as last amended by Laws of Utah 2009, Chapter 107
25          67-5-1, as last amended by Laws of Utah 2017, Chapters 295 and 387


27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 36-12-7 is amended to read:
29          36-12-7. Legislative Management Committee -- Duties -- Litigation.
30          (1) The Senate or House Management Committee shall:
31          (a) receive legislative resolutions directing studies on legislative matters and may
32     assign these studies to the appropriate interim committee of its house;
33          (b) assign to interim committees of the same house, matters of legislative study not
34     specifically contained in a legislative resolution but considered significant to the welfare of the
35     state;
36          (c) receive requests from interim committees of its house for matters to be included on
37     the study agenda of the requesting committee. Appropriate bases for denying a study include
38     inadequate funding to properly complete the study or duplication of the work;
39          (d) establish a budget account for interim committee day as designated by Legislative
40     Management Committee and for all other legislative committees of its house and allocate to
41     that account sufficient funds to adequately provide for the work of the committee; and
42          (e) designate the time and place for periodic meetings of the interim committees.
43          (2) To maximize the use of legislators' available time, the Senate and House
44     Management Committees should attempt to schedule the committee meetings of their
45     respective houses during the same one or two-day period each month. This does not preclude
46     an interim committee from meeting at any time it determines necessary to complete its
47     business.
48          (3) The Legislative Management Committee shall:
49          (a) employ, after recommendation of the appropriate subcommittee of the Legislative
50     Management Committee, without regard to political affiliation, and subject to approval of a
51     majority vote of both houses, persons qualified for the positions of director of the Office of
52     Legislative Research and General Counsel, legislative fiscal analyst, legislative general
53     counsel, and legislative auditor general. Appointments to these positions shall be for terms of
54     six years subject to renewal under the same procedure as the original appointment. A person
55     may be removed from any of these offices [prior to] before the expiration of [his] the person's
56     term only by a majority vote of both houses of the Legislature or by a [2/3] two-thirds vote of

57     the management committee for such causes as inefficiency, incompetency, failure to maintain
58     skills or adequate performance levels, insubordination, misfeasance, malfeasance, or
59     nonfeasance in office. [In the event] If a vacancy occurs in any of these offices after
60     adjournment of the Legislature, the committee shall appoint an individual to fill the vacancy
61     until such time as the person is approved or rejected by majority vote of the next session of the
62     Legislature;
63          (b) develop policies for personnel management, compensation, and training of all
64     professional legislative staff;
65          (c) develop a policy within the limits of legislative appropriation for the authorization
66     and payment to legislators of compensation and travel expenses, including out-of-state travel;
67          (d) approve special study budget requests of the legislative directors; and
68          (e) assist the speaker-elect of the House of Representatives and the president-elect of
69     the Senate, upon selection by their majority party caucus, to organize their respective houses of
70     the Legislature and assume the direction of the operation of the Legislature in the forthcoming
71     annual general session.
72          (4) (a) The Legislature delegates to the Legislative Management Committee the
73     authority, by means of a majority vote of the committee, to direct the legislative general
74     counsel in matters involving the Legislature's participation in litigation.
75          (b) The Legislature has an unconditional right to intervene in a state court action and
76     may provide evidence or argument, written or oral, if a party to that court action challenges:
77          (i) the constitutionality of a state statute;
78          (ii) the validity of legislation; or
79          (iii) any action of the Legislature.
80          (c) In a federal court action that challenges the constitutionality of a state statute, the
81     validity of legislation, or any action of the Legislature, the Legislature may seek to intervene, to
82     file an amicus brief, or to present argument in accordance with federal rules of procedure.
83          (d) Intervention by the Legislature pursuant to Subsection (4)(b) or (c) does not limit
84     the duty of the attorney general to appear and prosecute legal actions or defend state
84a     Ĥ→ agencies, ←Ĥ officers or
85     employees as otherwise provided by law.
86          (e) In any action in which the Legislature intervenes or participates, legislative counsel
87     Ĥ→ and the attorney general ←Ĥ shall function independently from Ĥ→ [
and on equal footing
87a     with the attorney general
] each other ←Ĥ in the

88     representation of their respective clients.
89          (f) The attorney general shall notify the legislative general counsel of a claim in
90     accordance with Subsection 67-5-1(24).
91          Section 2. Section 67-5-1 is amended to read:
92          67-5-1. General duties.
93          The attorney general shall:
94          (1) perform all duties in a manner consistent with the attorney-client relationship under
95     Section 67-5-17;
96          (2) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court
97     and the Court of Appeals of this state, and all courts of the United States, and prosecute or
98     defend all causes to which the state or any officer, board, or commission of the state in an
99     official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
100     state is interested;
101          (3) after judgment on any cause referred to in Subsection (2), direct the issuance of
102     process as necessary to execute the judgment;
103          (4) account for, and pay over to the proper officer, all money that comes into the
104     attorney general's possession that belongs to the state;
105          (5) keep a file of all cases in which the attorney general is required to appear, including
106     any documents and papers showing the court in which the cases have been instituted and tried,
107     and whether they are civil or criminal, and:
108          (a) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to
109     judgment, a memorandum of the judgment and of any process issued if satisfied, and if not
110     satisfied, documentation of the return of the sheriff;
111          (b) if criminal, the nature of the crime, the mode of prosecution, the stage of
112     proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
113     execution, if the sentence has been executed, and, if not executed, the reason for the delay or
114     prevention; and
115          (c) deliver this information to the attorney general's successor in office;
116          (6) exercise supervisory powers over the district and county attorneys of the state in all
117     matters pertaining to the duties of their offices, and from time to time require of them reports of
118     the condition of public business entrusted to their charge;

119          (7) give the attorney general's opinion in writing and without fee to the Legislature or
120     either house and to any state officer, board, or commission, and to any county attorney or
121     district attorney, when required, upon any question of law relating to their respective offices;
122          (8) when required by the public service or directed by the governor, assist any county,
123     district, or city attorney in the discharge of county, district, or city attorney's duties;
124          (9) purchase in the name of the state, under the direction of the state Board of
125     Examiners, any property offered for sale under execution issued upon judgments in favor of or
126     for the use of the state, and enter satisfaction in whole or in part of the judgments as the
127     consideration of the purchases;
128          (10) when the property of a judgment debtor in any judgment mentioned in Subsection
129     (9) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
130     taking precedence of the judgment in favor of the state, redeem the property, under the
131     direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
132     pay all money necessary for the redemption, upon the order of the state Board of Examiners,
133     out of any money appropriated for these purposes;
134          (11) when in the attorney general's opinion it is necessary for the collection or
135     enforcement of any judgment, institute and prosecute on behalf of the state any action or
136     proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment
137     debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
138     Examiners, out of any money not otherwise appropriated;
139          (12) discharge the duties of a member of all official boards of which the attorney
140     general is or may be made a member by the Utah Constitution or by the laws of the state, and
141     other duties prescribed by law;
142          (13) institute and prosecute proper proceedings in any court of the state or of the
143     United States to restrain and enjoin corporations organized under the laws of this or any other
144     state or territory from acting illegally or in excess of their corporate powers or contrary to
145     public policy, and in proper cases forfeit their corporate franchises, dissolve the corporations,
146     and wind up their affairs;
147          (14) institute investigations for the recovery of all real or personal property that may
148     have escheated or should escheat to the state, and for that purpose, subpoena any persons
149     before any of the district courts to answer inquiries and render accounts concerning any

150     property, examine all books and papers of any corporations, and when any real or personal
151     property is discovered that should escheat to the state, institute suit in the district court of the
152     county where the property is situated for its recovery, and escheat that property to the state;
153          (15) administer the Children's Justice Center as a program to be implemented in
154     various counties pursuant to Sections 67-5b-101 through 67-5b-107;
155          (16) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
156     Constitutional and Federalism Defense Act;
157          (17) pursue any appropriate legal action to implement the state's public lands policy
158     established in Section 63C-4a-103;
159          (18) investigate and prosecute violations of all applicable state laws relating to fraud in
160     connection with the state Medicaid program and any other medical assistance program
161     administered by the state, including violations of Title 26, Chapter 20, Utah False Claims Act;
162          (19) investigate and prosecute complaints of abuse, neglect, or exploitation of patients
163     at:
164          (a) health care facilities that receive payments under the state Medicaid program; and
165          (b) board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
166     Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility;
167          (20) (a) report at least twice per year to the Legislative Management Committee on any
168     pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
169          (i) cost the state more than $500,000; or
170          (ii) require the state to take legally binding action that would cost more than $500,000
171     to implement; and
172          (b) if the meeting is closed, include an estimate of the state's potential financial or other
173     legal exposure in that report;
174          (21) (a) submit a written report to the committees described in Subsection (21)(b) that
175     summarizes the status and progress of any lawsuits that challenge the constitutionality of state
176     law that were pending at the time the attorney general submitted the attorney general's last
177     report under this Subsection (21), including any:
178          (i) settlements reached;
179          (ii) consent decrees entered; or
180          (iii) judgments issued; and

181          (b) at least 30 days before the Legislature's May and November interim meetings,
182     submit the report described in Subsection (21)(a) to:
183          (i) the Legislative Management Committee;
184          (ii) the Judiciary Interim Committee; and
185          (iii) the Law Enforcement and Criminal Justice Interim Committee;
186          (22) if the attorney general operates the Office of the Attorney General or any portion
187     of the Office of the Attorney General as an internal service fund agency in accordance with
188     Section 67-5-4, submit to the rate committee established in Section 67-5-34:
189          (a) a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and
190          (b) any other information or analysis requested by the rate committee; [and]
191          (23) before the end of each calendar year, create an annual performance report for the
192     Office of the Attorney General and post the report on the attorney general's website[.]; and
193          (24) notify the legislative general counsel in writing within three business days after
194     the day on which the attorney general is officially notified of a claim, regardless of whether the
195     claim is filed in state or federal court, that challenges:
196          (i) the constitutionality of a state statute;
197          (ii) the validity of legislation; or
198          (iii) any action of the Legislature.