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House passes bill to give legislature optional notice and opportunity to be heard in declaratory‑judgment challenges
Summary
On Jan. 28 the House passed HB 101, which requires notice to legislative counsel (and judicial council, where applicable) when statutes or certain rules are challenged, prompting a contested debate about separation of powers and the attorney general’s responsibilities.
The Utah House voted Jan. 28 to pass House Bill 101, a measure that would require notice to the Legislature’s counsel when a declaratory‑judgment action challenges a statute and, in some cases, notice to a judicial council when judicial rules are challenged. Proponents said the change would give the legislative branch an optional opportunity to be heard when the attorney general declines to defend a statute.
Representative Byron O. Howard, the bill sponsor, said the measure addresses situations in which the attorney general determines a…
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