36-12-7. Legislative Management Committee -- Duties -- Litigation.

764 words·~3 min read·/ut/title-36/chapter-12/36-12-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 3/18/2026

(1)The Senate or House Management Committee shall:

(a)receive legislative resolutions directing studies on legislative matters and may assign these studies to the appropriate interim committee of its chamber;

(b)assign to interim committees of the same chamber, matters of legislative study not specifically contained in a legislative resolution but considered significant to the welfare of the state;

(c)receive requests from interim committees of its chamber for matters to be included on the study agenda of the requesting committee. Appropriate bases for denying a study include inadequate funding to properly complete the study or duplication of the work;

(d)establish a budget account for interim committee day as designated by Legislative Management Committee and for all other legislative committees of its chamber and allocate to that account sufficient funds to adequately provide for the work of the committee; and

(e)designate the time and place for periodic meetings of the interim committees.

(2)To maximize the use of legislators' available time, the Senate and House Management Committees should attempt to schedule the committee meetings of their respective chambers during the same one or two-day period each month. This does not preclude an interim committee from meeting at any time it determines necessary to complete its business.

(a)The Legislative Management Committee shall:

(i)appoint, after recommendation of the appropriate subcommittee of the Legislative Management Committee, without regard to political affiliation, and subject to approval of a majority vote of both chambers, individuals qualified for the positions of director of the Office of Legislative Research and General Counsel, legislative fiscal analyst, legislative general counsel, and legislative auditor general;

(ii)oversee branch-wide internal administrative matters for the Legislature, including providing for the establishment of policies governing:

(A)personnel management, compensation, and training of all professional legislative staff; and

(B)other legislative branch-wide administrative matters;

(iii)develop a policy within the limits of legislative appropriation for the authorization and payment to legislators of compensation and travel expenses, including out-of-state travel;

(iv)approve special study budget requests of the legislative directors; and

(v)assist the speaker-elect of the House of Representatives and the president-elect of the Senate, upon selection by their majority party caucus, to organize their respective chambers of the Legislature and assume the direction of the operation of the Legislature in the forthcoming annual general session.

(A)An appointment under Subsection (3)(a)(i) is for a six-year term, subject to renewal by a majority vote of the Legislative Management Committee.

(B)Each renewal is for an additional six-year term and is not subject to approval by the Legislature.

(ii)The Legislature by a majority vote of both chambers or the Legislative Management Committee by a two-thirds vote may remove an individual appointed under this Subsection

(3)before the expiration of the individual's term for such causes as inefficiency, incompetency, failure to maintain skills or adequate performance levels, insubordination, misfeasance, malfeasance, or nonfeasance in office.

(c)If a vacancy occurs in a position appointed under this Subsection

(3), the Legislative Management Committee shall appoint an individual to fill the vacancy until the Legislature approves or rejects the individual's appointment by a majority vote of both chambers.

(a)The Legislature delegates to the Legislative Management Committee the authority, by means of a majority vote of the committee, to direct the legislative general counsel in matters involving the Legislature's participation in litigation.

(b)The Legislature has an unconditional right to intervene in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges:

(i)the constitutionality of a state statute;

(ii)the validity of legislation; or

(iii)any action of the Legislature.

(c)In a federal court action that challenges the constitutionality of a state statute, the validity of legislation, or any action of the Legislature, the Legislature may seek to intervene, to file an amicus brief, or to present argument in accordance with federal rules of procedure.

(d)Intervention by the Legislature pursuant to Subsection (4)(b) or

(c)does not limit the duty of the attorney general to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided by law.

(e)In any action in which the Legislature intervenes or participates, legislative counsel and the attorney general shall function independently from each other in the representation of their respective clients.

(f)The attorney general shall notify the legislative general counsel of a claim in accordance with Subsection 67-5-1(1)(y) .

Amended by Chapter 122 , 2026 General Session