HB 487

02-25 10:24  1st Sub. (Buff) H.B. 487
                        Matt MacPherson proposes the following substitute bill:
1Legislative Branch Amendments
                                        2026 GENERAL SESSION
                                             STATE OF UTAH
                                  Chief Sponsor: Matt MacPherson
                                      Senate Sponsor: Brady Brammer
2
3   LONG TITLE
4   General Description:
5This bill modifies and enacts provisions related to the Legislature.
6   Highlighted Provisions:
7This bill:
8▸ provides that a legislator may introduce and vote on legislation according to the
9   legislator's own judgment and conscience;
10▸ reorganizes and amends the legislative general counsel's responsibility to correct technical
11   errors in legislation and the Utah Code by:
12●   directing the legislative general counsel to correct erroneous statutory history in the
13   long title of legislation and the names of officers and funds;
14●   removing the requirement that the legislative general counsel modify the highlighted
15   provisions of legislation to correct an inconsistency between the highlighted
16   provisions and the legislation's enacted provisions; and
17●   prohibiting the legislative general counsel from making a correction that would alter
                                                                                                        1st Sub. H.B. 487
18   the meaning or effect of law; and
19▸ makes technical and conforming changes.
20   Money Appropriated in this Bill:
21None
22   Other Special Clauses:
23None
24   Utah Code Sections Affected:
25   AMENDS:
2636-12-12, as last amended by Laws of Utah 2023, Chapters 21, 291 and last amended by
27Coordination Clause, Laws of Utah 2023, Chapter 21
28   ENACTS:
2936-3-307, Utah Code Annotated 1953
1st Sub. (Buff) H.B. 487  02-25 10:24
3036-12-12.2, Utah Code Annotated 1953
31
32   Be it enacted by the Legislature of the state of Utah:
33Section 1. Section 36-3-307 is enacted to read:
3436-3-307 . Legislator autonomy.
35   (1) Each sitting legislator is free to perform the following legislative activities according to
36the legislator's own judgment and conscience:
37(a) introducing or refraining from introducing any legislation, including legislation that
38enacts, repeals, or amends a provision of the Utah Code or uncodified law; and
39(b) voting for or against any legislation.
40   (2) The provisions of this section are subject to legislative rules.
41Section 2. Section 36-12-12 is amended to read:
4236-12-12 . Office of Legislative Research and General Counsel established --
43   Powers, functions, and duties -- Organization of office -- Selection of director and general
44   counsel.
45   (1) There is established an Office of Legislative Research and General Counsel as a
46permanent staff office for the Legislature.
47   (2) The powers, functions, and duties of the Office of Legislative Research and General
48Counsel under the supervision of the director shall be:
49(a) to provide research and legal staff assistance to all standing, special, and interim
50committees as follows:
51(i) to assist each committee chairman in planning the work of the committee;
52(ii) to prepare and present research and legal information in accordance with
53committee instructions or instructions of the committee chairman;
54(iii) to prepare progress reports of committee work when requested; and
55(iv) to prepare a final committee report in accordance with committee instructions,
56that includes relevant research information, committee policy recommendations,
57and recommended legislation;
58(b) to collect and examine the acts and official reports of any state and report their
59contents to any committee or member of the Legislature;
60(c) to provide research and legal analysis services to any interim committee, legislative
61standing committee, or individual legislator on actual or proposed legislation or
62subjects of general legislative concern;
63(d)(i) to exercise under the direction of the general counsel the constitutional
                                                   -2-
02-25 10:24  1st Sub. (Buff) H.B. 487
64authority provided in Utah Constitution, Article VI, Section 32, in serving as legal
65counsel to the Legislature, majority and minority leadership of the House of
66Representatives or Senate, any of the Legislature's committees or subcommittees,
67individual legislators, any of the Legislature's staff offices, or any of the
68legislative staff; and
69(ii) to represent the Legislature, majority and minority leadership of the House of
70Representatives or Senate, any of the Legislature's committees or subcommittees,
71individual legislators, any of the Legislature's staff offices, or any of the
72legislative staff in cases and controversies before courts and administrative
73agencies and tribunals;
74      (e) to prepare and assist in the preparation of legislative bills, resolutions, memorials,
75amendments, and other documents or instruments required in the legislative process
76and, under the direction of the general counsel, give advice and counsel regarding
77them to the Legislature, majority and minority leadership of the House of
78Representatives or Senate, any of its members or members-elect, any of its
79committees or subcommittees, or the legislative staff;
80      (f) under the direction of the general counsel[:] ,
81[(i) to review, examine, and correct any technical errors when:]
82[(A) preparing legislation that passed both houses to enroll the legislation and
83prepare the laws for publication; or]
84[(B) maintaining the accuracy of the electronic code database; and]
85[(ii)] to deliver enrolled legislation to the House of Representatives and the Senate for
86submission to the governor for gubernatorial action;
87      (g)(i) to exercise control over and to act as the repository and custodian of the official
88copy and database of the current version of the Utah Constitution;
89(ii) to incorporate into the Utah Constitution any amendments to the Utah
90Constitution that pass during a regular general election; and
91(iii) to update and maintain the bold face descriptive titles to sections of the Utah
92Constitution;
93      (h) to prepare the laws for publication in accordance with Section 36-12-12.2;
94      (i)(i) to maintain, exercise control over, and act as the repository and custodian of the
95official copy and database of the Utah Code, organized by title, chapter, part, and
96section; and
97(ii) to keep the Utah Code database current, including updating the database to reflect:
                                                 -3-
 1st Sub. (Buff) H.B. 487  02-25 10:24
98(A) any duly enacted legislation making changes, including future changes, to the
99Utah Code; and
100(B) any corrections of technical errors made in accordance with Section
10136-12-12.2;
102(j) to formulate recommendations for the revision, clarification, classification,
103arrangement, codification, annotation, and indexing of Utah statutes, and to develop
104proposed legislation to effectuate the recommendations;
105(k) to appoint and develop a professional staff within budget limitations; and
106(l) to prepare and submit the annual budget request for the Office of Legislative
107Research and General Counsel.
108   (3)(a) If, under Utah Constitution, Article VI, Section 10, the House of Representatives
109or Senate determines that an individual is not qualified to serve in the House of
110Representatives or Senate, or expels an individual from the respective chamber, but
111the individual continues to hold his or her elected legislative office, the Office of
112Legislative Research and General Counsel may not provide legislative staff services,
113including legal services, to the individual.
114(b) Notwithstanding Subsection (3)(a), the Office of Legislative Research and General
115Counsel may provide legal services for an individual described in Subsection (3)(a) if
116the legal services are approved by the Legislative Management Committee described
117in Section 36-12-7.
118   [(4) The statutory authorization of the Office of Legislative Research and General Counsel
119to correct technical errors provided in Subsection (2)(f), to prepare the laws for
120publication in Subsection (2)(h), and to modify the electronic record to correct technical
121errors under Subsection (2)(i)(ii)(B) includes:]
122[(a) adopting a uniform system of punctuation, capitalization, numbering, and wording
123for enrolled legislation and the Laws of Utah;]
124[(b) eliminating duplication and the repeal of laws directly or by implication, including
125renumbering when necessary;]
126[(c) correcting defective or inconsistent title, chapter, part, section, and subsection
127structure in the arrangement of the subject matter of existing statutes;]
128[(d) eliminating obsolete and redundant words;]
129[(e) correcting:]
130[(i) obvious typographical and grammatical errors; and]
131[(ii) other obvious inconsistencies, including those involving punctuation,
                                                  -4-
 02-25 10:24  1st Sub. (Buff) H.B. 487
132capitalization, cross references, numbering, and wording;]
133[(f) inserting or changing the boldface to more accurately reflect the substance of each
134section, part, chapter, or title;]
135[(g) merging or determining priority of any amendments, enactments, or repealers to the
136same code provisions that are passed by the Legislature;]
137[(h) renumbering and rearranging of a title, chapter, part, section, or provisions of a
138section;]
139[(i) transferring sections or dividing sections to assign separate sections numbers to
140distinct subject matters;]
141[(j) modifying cross references to agree with renamed or renumbered titles, chapters,
142parts, or sections;]
143[(k) substituting the proper section or chapter number for the terms "this act," "this bill,"
144or similar terms;]
145[(l) substituting the proper calendar date in the database and in the Laws of Utah;]
146[(m) modifying the highlighted provisions of legislation to correct an inconsistency
147between the highlighted provisions and the enacted provisions of the legislation;]
148[(n) correcting the names of agencies, departments, and similar units of government;]
149[(o) rearranging any misplaced statutory material, incorporating any omitted statutory
150material, and correcting other obvious errors of addition or omission;]
151[(p) correcting or incorporating a special clause that was publicly available on the
152Legislature's website but is errantly omitted, modified, or retained during the
153legislative process due to obvious technological or human error, including:]
154[(i) a severability clause;]
155[(ii) an effective date clause;]
156[(iii) a retrospective operation clause;]
157[(iv) an uncodified repeal date clause;]
158[(v) a revisor instruction clause; or]
159[(vi) a coordination clause;]
160[(q) correcting the incorporation of an amendment due to obvious technological or
161human error; and]
162[(r) alphabetizing definition sections.]
163   [(5)] (4) In carrying out the duties provided for in this section, the director of the Office of
164Legislative Research and General Counsel may obtain access to all records, documents,
165and reports necessary to the scope of the director's duties according to the procedures
                                                    -5-
 1st Sub. (Buff) H.B. 487  02-25 10:24
166contained in Chapter 14, Legislative Subpoena Powers.
167   [(6)] (5) In organizing the management of the Office of Legislative Research and General
168Counsel, the Legislative Management Committee may either:
169(a) select a person to serve as both the director of the office and as general counsel. In
170such case, the director of the office shall be a lawyer admitted to practice in Utah and
171shall have practical management experience or equivalent academic training; or
172(b) select a person to serve as director of the office who would have general supervisory
173authority and select another person to serve as the legislative general counsel within
174the office. In such case, the director of the office shall have a master's degree in
175public or business administration, economics, or the equivalent in academic or
176practical experience and the legislative general counsel shall be a lawyer admitted to
177practice in Utah.
178Section 3. Section 36-12-12.2 is enacted to read:
17936-12-12.2 . Authority to revise code.
180   (1) As used in this section:
181(a) "Utah Code database" means an electronic repository of the Utah Code.
182(b) "Utah Constitution database" means an electronic repository of the Utah Constitution.
183   (2) The Office of Legislative Research and General Counsel, under the direction of the
184general counsel shall review, examine, and correct any technical errors when:
185(a) preparing legislation that passed both chambers to enroll the legislation;
186(b) preparing the laws for publication; and
187(c) maintaining the accuracy of the Utah Code database and the Utah Constitution
188database in accordance with Section 36-12-12.
189   (3) The authority of the Office of Legislative Research and General Counsel to correct
190technical errors provided in Subsection (2):
191(a) includes:
192(i) adopting and implementing a uniform system of punctuation, capitalization,
193numbering, and wording for enrolled legislation and the Laws of Utah;
194(ii) removing duplication;
195(iii) removing laws repealed directly or by implication;
196(iv) correcting defective or inconsistent title, chapter, part, section, and subsection
197structure in the arrangement of the subject matter of existing statutes;
198(v) eliminating obsolete and redundant words;
199(vi) correcting:
                                                  -6-
 02-25 10:24  1st Sub. (Buff) H.B. 487
200(A) obvious typographical and grammatical errors; and
201(B) other obvious inconsistencies, including those involving punctuation,
202capitalization, cross references, numbering, and wording;
203(vii) inserting or changing the boldface to more accurately reflect the substance of
204each title, chapter, part, or section;
205(viii) merging or determining priority of any amendments, enactments, or repealers to
206the same code provisions that are passed by the Legislature;
207(ix) correcting the incorporation of an amendment due to obvious technological or
208human error;
209(x) renumbering and rearranging of a title, chapter, part, section, or provisions of a
210section;
211(xi) transferring sections or dividing sections to assign separate sections numbers to
212distinct subject matters;
213(xii) modifying cross references to agree with renamed or renumbered titles, chapters,
214parts, or sections;
215(xiii) substituting the proper section or chapter number for the terms "this act," "this
216bill," or similar terms;
217(xiv) substituting the proper calendar date in the Utah Code database and in the Laws
218of Utah;
219(xv) correcting erroneous statutory history in the long title of legislation;
220(xvi) correcting the names of agencies, departments, officers, funds, and similar units
221of government;
222(xvii) rearranging any misplaced statutory material, incorporating any omitted
223statutory material, and correcting other obvious errors of addition or omission;
224(xviii) correcting or incorporating a special clause or uncodified material that was
225publicly available on the Legislature's website but is errantly omitted, modified, or
226retained during the legislative process due to obvious technological or human
227error, including:
228(A) an appropriation clause;
229(B) a severability clause;
230(C) an effective date clause;
231(D) a retrospective operation clause;
232(E) an uncodified repeal date clause;
233(F) a revisor instruction clause; or
                                                   -7-
 1st Sub. (Buff) H.B. 487  02-25 10:24
234(G) a coordination clause; and
235(xix) alphabetizing definition sections; and
236(b) does not include a correction that would alter the meaning or effect of law.
237Section 4. Effective Date.
238   This bill takes effect on May 6, 2026.
                                                -8-