Senator Todd Weiler proposes the following substitute bill:




Chief Sponsor: Todd Weiler

House Sponsor: Karianne Lisonbee


8     General Description:
9          This bill modifies reporting requirements for the attorney general.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies a reporting requirement for the attorney general regarding lawsuits
13     challenging the constitutionality of state law;
14          ▸     requires the attorney general to submit a report regarding lawsuits and decisions
15     challenging the constitutionality and enforceability of state statutes; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          36-12-7, as last amended by Laws of Utah 2018, Chapter 474
24          67-5-1, as last amended by Laws of Utah 2019, Chapters 225 and 347

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

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

88     accordance with Subsection 67-5-1[(24)](25).
89          Section 2. Section 67-5-1 is amended to read:
90          67-5-1. General duties.
91          The attorney general shall:
92          (1) perform all duties in a manner consistent with the attorney-client relationship under
93     Section 67-5-17;
94          (2) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court
95     and the Court of Appeals of this state, and all courts of the United States, and prosecute or
96     defend all causes to which the state or any officer, board, or commission of the state in an
97     official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
98     state is interested;
99          (3) after judgment on any cause referred to in Subsection (2), direct the issuance of
100     process as necessary to execute the judgment;
101          (4) account for, and pay over to the proper officer, all money that comes into the
102     attorney general's possession that belongs to the state;
103          (5) keep a file of all cases in which the attorney general is required to appear, including
104     any documents and papers showing the court in which the cases have been instituted and tried,
105     and whether they are civil or criminal, and:
106          (a) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to
107     judgment, a memorandum of the judgment and of any process issued if satisfied, and if not
108     satisfied, documentation of the return of the sheriff;
109          (b) if criminal, the nature of the crime, the mode of prosecution, the stage of
110     proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
111     execution, if the sentence has been executed, and, if not executed, the reason for the delay or
112     prevention; and
113          (c) deliver this information to the attorney general's successor in office;
114          (6) exercise supervisory powers over the district and county attorneys of the state in all
115     matters pertaining to the duties of [their] the district and county attorneys' offices, including the
116     authority to:
117          (a) require a district or county attorney of the state to, upon request, report on the status
118     of public business entrusted to the district or county attorney's charge; or

119          (b) review investigation results de novo and file criminal charges, if warranted, in any
120     case involving a first degree felony, if:
121          (i) a law enforcement agency submits investigation results to the county or district
122     attorney of the jurisdiction where the incident occurred and the county or district attorney:
123          (A) declines to file criminal charges; or
124          (B) fails to screen the case for criminal charges within six months of the law
125     enforcement agency's submission of the investigation results; and
126          (ii) after consultation with the county or district attorney of the jurisdiction where the
127     incident occurred, the attorney general reasonably believes action by the attorney general would
128     not interfere with an ongoing investigation or prosecution by the county or district attorney of
129     the jurisdiction where the incident occurred;
130          (7) give the attorney general's opinion in writing and without fee, when required, upon
131     any question of law relating to the office of the requester:
132          (a) in accordance with Section 67-5-1.1, to the Legislature or either house;
133          (b) to any state officer, board, or commission; and
134          (c) to any county attorney or district attorney;
135          (8) when required by the public service or directed by the governor, assist any county,
136     district, or city attorney in the discharge of county, district, or city attorney's duties;
137          (9) purchase in the name of the state, under the direction of the state Board of
138     Examiners, any property offered for sale under execution issued upon judgments in favor of or
139     for the use of the state, and enter satisfaction in whole or in part of the judgments as the
140     consideration of the purchases;
141          (10) when the property of a judgment debtor in any judgment mentioned in Subsection
142     (9) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
143     taking precedence of the judgment in favor of the state, redeem the property, under the
144     direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
145     pay all money necessary for the redemption, upon the order of the state Board of Examiners,
146     out of any money appropriated for these purposes;
147          (11) when in the attorney general's opinion it is necessary for the collection or
148     enforcement of any judgment, institute and prosecute on behalf of the state any action or
149     proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment

150     debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
151     Examiners, out of any money not otherwise appropriated;
152          (12) discharge the duties of a member of all official boards of which the attorney
153     general is or may be made a member by the Utah Constitution or by the laws of the state, and
154     other duties prescribed by law;
155          (13) institute and prosecute proper proceedings in any court of the state or of the
156     United States to restrain and enjoin corporations organized under the laws of this or any other
157     state or territory from acting illegally or in excess of their corporate powers or contrary to
158     public policy, and in proper cases forfeit their corporate franchises, dissolve the corporations,
159     and wind up their affairs;
160          (14) institute investigations for the recovery of all real or personal property that may
161     have escheated or should escheat to the state, and for that purpose, subpoena any persons
162     before any of the district courts to answer inquiries and render accounts concerning any
163     property, examine all books and papers of any corporations, and when any real or personal
164     property is discovered that should escheat to the state, institute suit in the district court of the
165     county where the property is situated for its recovery, and escheat that property to the state;
166          (15) administer the Children's Justice Center as a program to be implemented in
167     various counties pursuant to Sections 67-5b-101 through 67-5b-107;
168          (16) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
169     Constitutional and Federalism Defense Act;
170          (17) pursue any appropriate legal action to implement the state's public lands policy
171     established in Section 63C-4a-103;
172          (18) investigate and prosecute violations of all applicable state laws relating to fraud in
173     connection with the state Medicaid program and any other medical assistance program
174     administered by the state, including violations of Title 26, Chapter 20, Utah False Claims Act;
175          (19) investigate and prosecute complaints of abuse, neglect, or exploitation of patients
176     at:
177          (a) health care facilities that receive payments under the state Medicaid program; and
178          (b) board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
179     Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility;
180          (20) (a) report at least twice per year to the Legislative Management Committee on any

181     pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
182          (i) cost the state more than $500,000; or
183          (ii) require the state to take legally binding action that would cost more than $500,000
184     to implement; and
185          (b) if the meeting is closed, include an estimate of the state's potential financial or other
186     legal exposure in that report;
187          (21) (a) submit a written report to the committees described in Subsection (21)(b) that
188     summarizes [the status and progress of any lawsuits that challenge the constitutionality of state
189     law that were pending at the time the attorney general submitted] any lawsuit or decision in
190     which a court or the Office of the Attorney General has determined that a state statute is
191     unconstitutional or unenforceable since the attorney general's last report under this Subsection
192     (21), including any:
193          (i) settlements reached;
194          (ii) consent decrees entered; [or]
195          (iii) judgments issued; [and]
196          (iv) preliminary injunctions issued;
197          (v) temporary restraining orders issued; or
198          (vi) formal or informal policies of the Office of the Attorney General to not enforce a
199     law; and
200          (b) at least 30 days before the Legislature's May and November interim meetings,
201     submit the report described in Subsection (21)(a) to:
202          (i) the Legislative Management Committee;
203          (ii) the Judiciary Interim Committee; and
204          (iii) the Law Enforcement and Criminal Justice Interim Committee;
205          (22) if the attorney general operates the Office of the Attorney General or any portion
206     of the Office of the Attorney General as an internal service fund agency in accordance with
207     Section 67-5-4, submit to the rate committee established in Section 67-5-34:
208          (a) a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and
209          (b) any other information or analysis requested by the rate committee;
210          (23) before the end of each calendar year, create an annual performance report for the
211     Office of the Attorney General and post the report on the attorney general's website;

212          (24) ensure that any training required under this chapter complies with Title 63G,
213     Chapter 22, State Training and Certification Requirements;
214          (25) notify the legislative general counsel in writing within three business days after
215     the day on which the attorney general is officially notified of a claim, regardless of whether the
216     claim is filed in state or federal court, that challenges:
217          (a) the constitutionality of a state statute;
218          (b) the validity of legislation; or
219          (c) any action of the Legislature; and
220          (26) (a) notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a
221     special advisor to the Office of the Governor and the Office of the Attorney General in matters
222     relating to Native American and tribal issues to:
223          (i) establish outreach to the tribes and affected counties and communities; and
224          (ii) foster better relations and a cooperative framework; and
225          (b) annually report to the Executive Offices and Criminal Justice Appropriations
226     Subcommittee regarding:
227          (i) the status of the work of the special advisor described in Subsection (26)(a); and
228          (ii) whether the need remains for the ongoing appropriation to fund the special advisor
229     described in Subsection (26)(a).