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Utah Senate Approves Amendment to Declaratory Judgment Procedure After Constitutional Debate
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Summary
After a contested debate over constitutionality and legislative notice, the Utah Senate approved House Bill 101 requiring notice to legislative research staff in declaratory judgment actions, passing 19–8 with two absent.
The Utah Senate voted to pass House Bill 101, a measure that revises the state's declaratory judgment process to require additional notice to the legislative research staff. Supporters said the change helps the legislature defend its interests; opponents called it unconstitutional and an unnecessary expansion of legislative involvement.
Senator Hittier, speaking in opposition, said the bill raises separation-of-powers concerns and would burden the declaratory procedure, calling it "clearly unconstitutional" and suggesting the attorney general should have been asked to review the change. Proponents, including members of the management committee and counsel Gay Taylor, said the committee requested the notice language so legislative counsel could better defend statutes and represent the legislature when such suits are filed.
Senator Peterson told colleagues the measure was prepared at the request of management and legal counsel to provide timely notice to those who would need to defend legislation; he said the change would let counsel "better defend the legislature and the interests of our state." After debate and a call for the question, the senate recorded 19 ayes, 8 nays and 2 absent and the bill was ordered transmitted to the House.
The vote resolves a procedural change supporters say will help the legislature respond to declaratory judgment litigation. Opponents maintained the change should be revisited with further legal review; no further action beyond transmittal to the House was recorded during the session.
