Section 12 – Rules of construction.

• (1)
  • (a) In the construction of a statute in the Utah Code, the general rules listed in this Subsection (1) shall be observed, unless the construction would be:
    • (i) inconsistent with the manifest intent of the Legislature; or
    • (ii) repugnant to the context of the statute.
  • (b) The singular includes the plural, and the plural includes the singular.
  • (c) A word used in one gender includes the other gender.
  • (d) A word used in the present tense includes the future tense.
  • (e) In accordance with Title 46, Chapter 4, Part 5, Electronic Records in Government Agencies, a word related to the medium used in the provision of a government service may include an electronic or other medium.
  • (f) “Include,” “includes,” or “including” means that the items listed are not an exclusive list, unless the word “only” or similar language is used to expressly indicate that the list is an exclusive list.
  • (g) “May” means that an action is authorized or permissive.
  • (h) “May not” means that an action is not authorized and is prohibited.
  • (i) “Must” means, depending on the context in which it is used, that:
    • (i) an action is required or mandatory;
    • (ii) an action or result is compelled by necessity;
    • (iii) an item is indispensable; or
    • (iv) an action or event is a condition precedent to:
      • (A) the authority to act;
      • (B) a prohibition;
      • (C) the accrual or loss of a right; or
      • (D) the imposition or removal of an obligation.
  • (j) “Shall” means that an action is required or mandatory.

• (2)
  • (a) Except as provided in Subsection (2)(b) or (c), the use of the following terms in the Utah Code is strongly discouraged:
    • (i) “shall not”;
    • (ii) “should not”;
    • (iii) “must not”; or
    • (iv) “but not limited to” after “include,” “includes,” or “including.”
  • (b) A term described in Subsection (2)(a) may be used when unusual circumstances exist that require the use of the term, including the use of the term:
    • (i) in an interstate compact; or
    • (ii) to ensure consistency with a federal law or rule.
  • (c)
    • (i) Except as provided in Subsection (2)(c)(ii), the use of the word “should” is strongly discouraged.
    • (ii) The word “should” may be used to:
      • (A) refer to a recommended action, including a provision that a person shall or may recommend whether an action “should” be taken;
      • (B) indicate an expected standard of knowledge, including a provision that a person “should” know:
        • (I) whether a fact exists; or
        • (II) that an action is likely to cause a specified result; or
      • (C) refer to a determination as to whether an action “should” have occurred.
  • (d) The use of the word “must” is strongly discouraged when the term “shall” can be used in its place.

Amended by Chapter 254, 2010 General Session