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House passes bill clarifying attorney general's role and billing for agency legal services
Summary
HB 170 clarifies that the attorney general is the attorney and an agency is the client, and allows the AG to bill agencies for legal services when agencies receive funds; the House approved an amendment to remove redundant language about professional conduct and passed the bill 72-1.
The Utah House approved House Bill 170 to clarify the relationship between the attorney general's office and state agencies and to permit billing agencies for legal services when agencies receive funds to pay.
Representative Bryson said the bill primarily states "the attorney general is the attorney and the agency is the client" when the AG performs legal services under the cited authority. The bill also moves certain passive phrasing to active language and includes billing provisions for agencies that receive funds to pay for legal services.
Representative Scott Daniels proposed removing two lines (lines 47 and 48) that restated professional-conduct obligations for attorneys; he argued the language is unnecessary because lawyers already follow the code of professional conduct and that codifying it in statute could raise separation-of-powers concerns. Bryson indicated the change was acceptable and the amendment to delete the two lines passed after debate and a recorded vote (45 yes, 26 no).
After the amendment vote the sponsor waived further summation. The House then approved HB 170 by a roll call of 72 yes and 1 no; the bill will be forwarded to the Utah Senate.
