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First Substitute H.B. 130

Senator Howard A. Stephenson proposes to substitute the following bill:


             1     
CONSTITUTIONAL DEFENSE COUNCIL AMENDMENTS

             2     
1999 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Dennis H. Iverson

             5      AN ACT RELATING TO THE CONSTITUTIONAL DEFENSE COUNCIL; APPROPRIATING
             6      MONIES FROM THE MINERAL LEASE ACCOUNT TO THE COUNCIL; MODIFYING
             7      COUNCIL MEMBERSHIP; MODIFYING COUNCIL MEETING REQUIREMENTS;
             8      MODIFYING COUNCIL DUTIES; CREATING THE CONSTITUTIONAL DEFENSE
             9      RESTRICTED ACCOUNT; AND MAKING TECHNICAL CORRECTIONS.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          59-21-2, as last amended by Chapter 258, Laws of Utah 1998
             13          63C-4-101, as last amended by Chapter 243, Laws of Utah 1996
             14          63C-4-102, as last amended by Chapter 171, Laws of Utah 1995
             15          67-5-1, as last amended by Chapter 198, Laws of Utah 1996
             16      ENACTS:
             17          63C-4-103, Utah Code Annotated 1953
             18      Be it enacted by the Legislature of the state of Utah:
             19          Section 1. Section 59-21-2 is amended to read:
             20           59-21-2. Mineral Bonus Account -- Allocation of monies from Mineral Lease
             21      Account.
             22          (1) (a) The Mineral Bonus Account is created within the General Fund.
             23          (b) All bonus money received by the state under Subsection 59-21-1 (3) shall be deposited
             24      in this account.
             25          (c) The Legislature shall appropriate from the Mineral Bonus Account in accordance with


             26      Section 35 of the Mineral Leasing Act of 1920, 30 U.S.C. Sec. 191.
             27          (d) The state treasurer shall:
             28          (i) invest the money in the Mineral Bonus Account by following the procedures and
             29      requirements of Title 51, Chapter 7, State Money Management Act; and
             30          (ii) deposit all interest or other earnings derived from the account into the Mineral Bonus
             31      Account.
             32          (2) The Legislature shall make appropriations from the Mineral Lease Account as provided
             33      in this Subsection (2).
             34          (a) In addition to the appropriation under Subsection (2)(b)(ii), the Legislature shall
             35      appropriate 32.5% of all deposits made to the Mineral Lease Account to the Permanent
             36      Community Impact Fund established by Section 9-4-303 .
             37          (b) (i) Except as provided in Subsection (2)(b)(ii), the Legislature shall appropriate 33.5%
             38      of all deposits made to the Mineral Lease Account to the Board of Regents for allocation to the
             39      state's institutions of higher education.
             40          (ii) (A) For the fiscal year beginning on July 1, 1996, and ending on June 30, 1997, the
             41      Legislature shall appropriate 20% of the mineral lease funds that would otherwise be appropriated
             42      to the Board of Regents under Subsection (2)(b)(i) to the Permanent Community Impact Fund.
             43          (B) For the fiscal year beginning on July 1, 1997, and ending on June 30, 1998, the
             44      Legislature shall appropriate 40% of the mineral lease funds that would otherwise be appropriated
             45      to the Board of Regents under Subsection (2)(b)(i) to the Permanent Community Impact Fund.
             46          (C) For fiscal years beginning on or after July 1, 1998, the Legislature shall annually
             47      appropriate as follows an additional 20% of the funds that would otherwise be appropriated to the
             48      Board of Regents under Subsection (2)(b)(i) until the Legislature appropriates 100% of the funds
             49      that would otherwise be appropriated to the Board of Regents:
             50          (I) the Legislature shall make an appropriation to the Department of Transportation as
             51      provided in Subsection (2)(f)(ii);
             52          (II) the Legislature shall make an appropriation to the Department of Community and
             53      Economic Development as provided in Subsection (2)(g);
             54          (III) the Legislature shall make the appropriations provided for in Subsection (2)(h); and
             55          (IV) the Legislature shall, after making the appropriations under Subsections
             56      (2)(b)(ii)[(B)](C)(I) through (III), appropriate the remainder of the funds that would otherwise be


             57      appropriated to the Board of Regents to the Permanent Community Impact Fund.
             58          (D) For fiscal years beginning on or after July 1, 1996, the Legislature shall appropriate
             59      an equivalent amount from the General Fund to the Board of Regents to replace the mineral lease
             60      monies the Board of Regents would have otherwise received under Subsection (2)(b)(i).
             61          (c) The Legislature shall appropriate 2.25% of all deposits made to the Mineral Lease
             62      Account to the State Board of Education, to be used for education research and experimentation
             63      in the use of staff and facilities designed to improve the quality of education in Utah.
             64          (d) The Legislature shall appropriate 2.25% of all deposits made to the Mineral Lease
             65      Account to the Utah Geological Survey, to be used for activities carried on by the survey having
             66      as a purpose the development and exploitation of natural resources in the state.
             67          (e) The Legislature shall appropriate 2.25% of all deposits made to the Mineral Lease
             68      Account to the Water Research Laboratory at Utah State University, to be used for activities
             69      carried on by the laboratory having as a purpose the development and exploitation of water
             70      resources in the state.
             71          (f) The Legislature shall appropriate the following percentages of all deposits made to the
             72      Mineral Lease Account to the Department of Transportation, to be distributed as follows for the
             73      purpose of constructing, repairing, and maintaining roads, or for other purposes authorized by
             74      statute:
             75          (i) the Legislature shall annually appropriate to the Department of Transportation 25% of
             76      all deposits made to the Mineral Lease Account to be distributed to special service districts within
             77      counties; and
             78          (ii) in addition to the appropriation under Subsection (2)(f)(i), the Legislature shall make
             79      the following appropriations from mineral lease funds that would be appropriated to the Board of
             80      Regents under Subsection (2)(b)(i) except for the appropriations provided in Subsection
             81      (2)(b)(ii)(C):
             82          (A) for the fiscal year beginning on July 1, 1998, and ending on June 30, 1999, the
             83      Legislature shall appropriate 5% of all deposits made to the Mineral Lease Account to the
             84      Department of Transportation to be distributed to special service districts within counties;
             85          (B) for the fiscal year beginning on July 1, 1999, and ending on June 30, 2000, the
             86      Legislature shall appropriate 10% of all deposits made to the Mineral Lease Account to the
             87      Department of Transportation to be distributed to special service districts within counties; and


             88          (C) for fiscal years beginning on or after July 1, 2000, the Legislature shall appropriate
             89      15% of all deposits made to the Mineral Lease Account to the Department of Transportation to be
             90      distributed to special service districts within counties.
             91          (g) (i) The Legislature shall appropriate the following percentages of all deposits made to
             92      the Mineral Lease Account to the Department of Community and Economic Development to be
             93      distributed as follows for the purpose of constructing, repairing, and maintaining roads, or for other
             94      purposes authorized by statute:
             95          (A) for the fiscal year beginning on July 1, 1998, and ending on June 30, 1999, the
             96      Legislature shall appropriate 2.5% of all deposits made to the Mineral Lease Account to the
             97      Department of Community and Economic Development to be distributed to special service districts
             98      within counties:
             99          (I) of the third, fourth, fifth, or sixth class;
             100          (II) in which 4.5% or less of the mineral lease moneys within the state are generated; and
             101          (III) that are significantly socially or economically impacted by the development of
             102      minerals under the Mineral Lands Leasing Act, 30 U.S.C. Sec. 191, as a result of either the
             103      transportation of hydrocarbons, including solid hydrocarbons as defined in Section 59-5-101 ,
             104      within the county, the employment in hydrocarbon extraction, including the extraction of solid
             105      hydrocarbons as defined in Section 59-5-101 , of persons residing within the county, or both; and
             106          (B) for fiscal years beginning on or after July 1, 1999, the Legislature shall appropriate 5%
             107      of all deposits made to the Mineral Lease Account to the Department of Community and Economic
             108      Development to be distributed to special service districts within counties meeting the requirements
             109      of Subsections (2)(g)(i)(A)(I) through (III).
             110          (ii) The executive director of the Department of Community and Economic Development:
             111          (A) shall determine whether a county meets the requirements of Subsections (2)(g)(i)(A)(I)
             112      through (III);
             113          (B) shall distribute the appropriations under Subsection (2)(g)(i) to special service districts
             114      within counties that meet the requirements of Subsections (2)(g)(i)(A)(I) through (III) as provided
             115      in Subsection (2)(g)(iii); and
             116          (C) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, may
             117      make rules:
             118          (I) providing a procedure for making the distributions under Subsection (2)(g)(ii)(B) to


             119      special service districts; and
             120          (II) defining the term "population" for purposes of Subsection (2)(g)(ii)(B).
             121          (iii) For purposes of distributing the appropriations under Subsection (2)(g)(i) to special
             122      service districts within counties, the Department of Community and Economic Development shall:
             123          (A) (I) allocate 50% of the appropriations equally among the counties meeting the
             124      requirements of Subsections (2)(g)(i)(A)(I) through (III); and
             125          (II) allocate 50% of the appropriations based on the ratio that the population of each county
             126      meeting the requirements of Subsections (2)(g)(i)(A)(I) through (III) bears to the total population
             127      of all of the counties meeting the requirements of Subsections (2)(g)(i)(A)(I) through (III); and
             128          (B) after making the allocations described in Subsection (2)(g)(iii)(A), distribute the
             129      allocated revenues to special service districts within the counties as determined by the executive
             130      director of the Department of Community and Economic Development after consulting with the
             131      county legislative bodies of the counties meeting the requirements of Subsection (2)(g)(i)(A)(I)
             132      through (III).
             133          (h) (i) Except as provided in Subsection (2)(h)(ii), the Legislature shall:
             134          (A) for the fiscal year beginning on July 1, 1999, and ending on June 30, 2000, appropriate
             135      3% of all deposits made to the Mineral Lease Account to the Constitutional Defense Restricted
             136      Account created in Section 63-C-4-103; and
             137          (B) for fiscal years beginning on or after July 1, 2000, appropriate 1% of all deposits made
             138      to the Mineral Lease Account to the Constitutional Defense Restricted Account created in Section
             139      63C-4-103 .
             140          (ii) If the appropriation required by Subsection (2)(h)(i) would cause the balance of the
             141      Constitutional Defense Restricted Account to exceed $1 million, the Legislature shall reduce the
             142      appropriation required by Subsection (2)(h)(i) so that the appropriation will cause the balance of
             143      the Constitutional Defense Restricted Account to be $1 million.
             144          [(h)] (i) The Legislature shall make the following appropriations from the Mineral Lease
             145      Account:
             146          (i) an amount equal to 52 cents multiplied by the number of acres of school or institutional
             147      trust lands, lands owned by the Division of Parks and Recreation, and lands owned by the Division
             148      of Wildlife Resources that are not under an in lieu of taxes contract, to each county in which those
             149      lands are located;


             150          (ii) to each county in which school or institutional trust lands are transferred to the federal
             151      government after December 31, 1992, an amount equal to the number of transferred acres in the
             152      county multiplied by a payment per acre equal to the difference between 52 cents per acre and the
             153      per acre payment made to that county in the most recent payment under the federal payment in lieu
             154      of taxes program, 31 U.S.C. Sec. 6901 or P.L. 97-258 as amended, unless the federal payment
             155      was equal to or exceeded the 52 cents per acre, in which case no payment shall be made for the
             156      transferred lands; and
             157          (iii) to each county in which federal lands, which are entitlement lands under the federal
             158      in lieu of taxes program, are transferred to the school or institutional trust, an amount equal to the
             159      number of transferred acres in the county multiplied by a payment per acre equal to the difference
             160      between the most recent per acre payment made under the federal payment in lieu of taxes program
             161      and 52 cents per acre, unless the federal payment was equal to or less than 52 cents per acre, in
             162      which case no payment shall be made for the transferred land.
             163          [(i)] (j) Beginning on July 1, 2000, the Legislature shall, after making the appropriations
             164      provided for in Subsections (2)(a) through [(h)] (i), appropriate the remainder of all deposits made
             165      to the Mineral Lease Account to the Permanent Community Impact Fund.
             166          (3) (a) Until July 1, 1999, the Board of Regents may not:
             167          (i) increase the total amount of federal mineral lease funds allocated during any fiscal year
             168      above the amount allocated during the last fiscal year more than the percentage increase in the
             169      Consumer Price Index published by the United States Department of Labor for the last calendar
             170      year; and
             171          (ii) increase the total amount allocated more than 10% above the amount allocated during
             172      the last fiscal year.
             173          (b) If the total amount of mineral lease funds allocated to a recipient agency or institution
             174      in any fiscal year is less than the total amount allocated for the last fiscal year, the allocation to that
             175      agency or institution for the next fiscal year shall be increased by the amount of the reduction
             176      before calculating and applying the percent limitation.
             177          (c) (i) Higher education institutions shall expend the federal mineral lease funds
             178      apportioned to them via institutional work programs.
             179          (ii) The Board of Regents may approve those programs only when it is satisfied that a
             180      majority of the funds will be expended for research, educational, or public service programs of


             181      benefit to subdivisions of the state that are socially or economically impacted by the development
             182      of minerals leased under the Mineral Lands Leasing Act in the planning, construction, and
             183      maintenance of public facilities, and the provision of public services.
             184          (d) (i) Except as provided in Subsection (3)(d)(ii), each institution of higher education is
             185      entitled to an amount of mineral lease funds equal to the proportion of the total amount available
             186      that the average number of full-time students enrolled during the preceding year at that institution
             187      bears to the total enrollment of all institutions.
             188          (ii) Enrollment at the University of Utah and Utah State University shall first be multiplied
             189      by 1.25 and that product shall constitute the enrollment of the University of Utah and Utah State
             190      University for the purposes of determining their proportionate allocation.
             191          (4) The federal mineral lease funds allocated to the Water Research Laboratory at Utah
             192      State University are in addition to any other money to which Utah State University is entitled under
             193      this section.
             194          (5) Federal mineral lease funds distributed by the Department of Transportation under
             195      Subsection (2)(f) shall be allocated to county special service districts in amounts proportionate to
             196      the amount of federal mineral lease money generated by the county in which a special service
             197      district is located.
             198          (6) (a) Each county receiving money under Subsection (2)[(h)](i) shall give the money to
             199      a school district or other special service district within the county.
             200          (b) Beginning in fiscal year 1994-95 and in each year thereafter, the amount per acre
             201      provided in Subsection (2)[(h)](i)(i) shall adjust to reflect changes in the rate of inflation as
             202      measured by the Consumer Price Index.
             203          (7) Each agency, board, institution of higher education, and political subdivision receiving
             204      money under this chapter shall provide the Legislature, through the Office of the Legislative Fiscal
             205      Analyst, with a complete accounting of the use of that money on an annual basis. This accounting
             206      shall:
             207          (a) include actual expenditures for the prior fiscal year, budgeted expenditures for the
             208      current fiscal year, and planned expenditures for the following fiscal year; and
             209          (b) be reviewed by the Economic Development and Human Resources Appropriation
             210      Subcommittee as part of its normal budgetary process under Title 63, Chapter 38, Budgetary
             211      Procedures Act.


             212          (8) All monies in or appropriated to the Targeted Allocation Fund shall be transferred to
             213      the Permanent Community Impact Fund.
             214          Section 2. Section 63C-4-101 is amended to read:
             215           63C-4-101. Creation of Constitutional Defense Council.
             216          (1) There is created the Constitutional Defense Council.
             217          (2) The defense council shall consist of the following nine members:
             218          (a) the governor who shall serve as chair of the council;
             219          [(b) the attorney general;]
             220          [(c)] (b) the president of the Senate or his designee;
             221          [(d)] (c) the speaker of the House or his designee;
             222          [(e)] (d) the minority leader of the Senate or his designee;
             223          [(f)] (e) the minority leader of the House or his designee; [and]
             224          [(g) three] (f) two citizen members appointed by the governor[.]; and
             225          (g) two elected county commissioners from different counties who are selected by the Utah
             226      Association of Counties.
             227          (3) (a) Except as required by Subsection (b), the [three] two citizen members shall serve
             228      a four-year term beginning July 1, 1994.
             229          (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
             230      appointment or reappointment, adjust the length of terms to ensure that the terms of council
             231      members are staggered so that [approximately half] one citizen member of the council is appointed
             232      every two years.
             233          (c) A citizen member is eligible for reappointment.
             234          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             235      appointed for the unexpired term in the same manner as the original appointment.
             236          (5) (a) The defense council shall meet at times at the call of the chair or any five members
             237      of the council.
             238          (b) A majority of the membership on the defense council is required for a quorum to
             239      conduct council business. A majority vote of the quorum is required for any action taken by the
             240      defense council.
             241          (6) The [governor may designate staff from executive state agencies to serve as] Office of
             242      the Attorney General shall provide staff to the defense council.


             243          (7) (a) (i) Members who are not government employees shall receive no compensation or
             244      benefits for their services, but may receive per diem and expenses incurred in the performance of
             245      the member's official duties at the rates established by the Division of Finance under Sections
             246      63A-3-106 and 63A-3-107 .
             247          (ii) Members may decline to receive per diem and expenses for their service.
             248          (b) (i) State government officer and employee members who do not receive salary, per
             249      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             250      in the performance of their official duties from the council at the rates established by the Division
             251      of Finance under Sections 63A-3-106 and 63A-3-107 .
             252          (ii) State government officer and employee members may decline to receive per diem and
             253      expenses for their service.
             254          (c) (i) Local government members who do not receive salary, per diem, or expenses from
             255      the entity that they represent for their service may receive per diem and expenses incurred in the
             256      performance of their official duties at the rates established by the Division of Finance under
             257      Sections 63A-3-106 and 63A-3-107 .
             258          (ii) Local government members may decline to receive per diem and expenses for their
             259      service.
             260          [(c)] (d) Legislators on the committee shall receive compensation and expenses as
             261      provided by law and legislative rule.
             262          (8) (a) The council shall be funded from the [following revenue sources:] Constitutional
             263      Defense Restricted Account created in Section 63C-4-103 .
             264          [(i) any voluntary contributions;]
             265          [(ii) monies received by the council from other state agencies; and]
             266          [(iii) appropriations made to the council by the Legislature.]
             267          [(b) All funding for the council shall be nonlapsing.]
             268          (b) Monies appropriated for or received by the council may be expended by the governor
             269      in consultation with the council.
             270          Section 3. Section 63C-4-102 is amended to read:
             271           63C-4-102. Duties.
             272          (1) The Constitutional Defense Council [shall provide advice] is an advisory council to
             273      the governor and to the Legislature on the following types of issues:


             274          (a) the constitutionality of unfunded federal mandates;
             275          (b) when making recommendations to challenge the federal mandates and regulations
             276      described in Subsections [(c)] (1)(e)(i) through (v), the rationale for and effectiveness of those
             277      federal mandates or regulations;
             278          (c) legal and policy issues surrounding state and local government rights under R.S. 2477;
             279      and
             280          (d) legal issues relating to the rights of the School and Institutional Trust Lands
             281      Administration and its beneficiaries; and
             282          [(c)] (e) the advisability, feasibility, estimated cost, and likelihood of success of
             283      challenging:
             284          (i) federal court rulings that hinder the management of the state's prison system and place
             285      undue financial hardship on the state's taxpayers;
             286          (ii) federal laws or regulations that reduce or negate water rights or the rights of owners
             287      of private property;
             288          (iii) conflicting federal regulations or policies in land management on federal land;
             289          (iv) federal intervention that would damage the state's mining, timber, and ranching
             290      industries; [and]
             291          (v) the authority of the Environmental Protection Agency and Congress to mandate local
             292      air quality standards and penalties; and
             293          (vi) other activities that are consistent with the purpose of the council.
             294          (2) The council chair may require the attorney general or a designee to provide testimony
             295      on potential legal actions that would enhance the state's sovereignty or authority on issues affecting
             296      Utah and the well-being of its citizens.
             297          (3) The council chair may direct the attorney general to initiate and prosecute any action
             298      that the council determines will further its purposes.
             299          (4) (a) (i) Subject to the provisions of this section, the council may select and employ
             300      attorneys to implement the purposes and duties of the council.
             301          (ii) The council chair may, in consultation with the council, direct any council attorney in
             302      any manner considered appropriate by the attorney general to best serve the purposes of the
             303      council.
             304          [(5)] (b) (i) The council [shall] may meet with the attorney general annually and compile


             305      a list of [no less than ten] attorneys, including attorneys in private practice, considered to be
             306      qualified to represent the council [pursuant to] under this section. [Only those named attorneys
             307      may be employed by the council.]
             308          (ii) The council may employ attorneys from that list.
             309          [(6)] (c) The attorney general shall negotiate a contract for services with any attorney
             310      selected and approved for employment [pursuant to] under this section.
             311          [(7)] (5) The council chair shall, with the concurrence of the council, review and approve
             312      all claims for payments for legal services that are submitted by the council.
             313          [(8)] (6) Within five business days' notice, the council chair may order the attorney general
             314      or, with the concurrence of the council, order an attorney employed by the council to cease work
             315      to be charged to the fund.
             316          [(9)] (7) The council shall submit a report on December 1 of each year to the speaker of
             317      the House of Representatives and the president of the Senate that summarizes the council's
             318      activities.
             319          Section 4. Section 63C-4-103 is enacted to read:
             320          63C-4-103. Creation of Constitutional Defense Restricted Account -- Sources of funds
             321      -- Uses of funds.
             322          (1) There is created a restricted account within the General Fund known as the
             323      Constitutional Defense Restricted Account.
             324          (2) The account consists of monies from the following revenue sources:
             325          (a) monies deposited to the fund from the Mineral Bonus Account as required by
             326      Subsection 59-21-2 (2);
             327          (b) voluntary contributions;
             328          (c) monies received by the Constitutional Defense Council from other state agencies; and
             329          (d) appropriations made by the Legislature.
             330          (3) Funds in the account shall be nonlapsing.
             331          (4) (a) The account shall earn interest.
             332          (b) All interest earned on account monies shall be deposited into the General Fund.
             333          (5) The account balance may not exceed $1 million.
             334          (6) The Legislature may annually appropriate monies from the Constitutional Defense
             335      Restricted Account to the Constitutional Defense Council to carry out its duties in Section


             336      63C-4-102 .
             337          Section 5. Section 67-5-1 is amended to read:
             338           67-5-1. General duties.
             339          The attorney general shall:
             340          (1) except as provided in Sections 10-3-928 and 17-18-1 , attend the Supreme Court and
             341      the Court of Appeals of this state, and all courts of the United States, and prosecute or defend all
             342      causes to which the state, or any officer, board, or commission of the state in an official capacity
             343      is a party; and take charge, as attorney, of all civil legal matters in which the state is interested;
             344          (2) when jointly agreed by the governor and the attorney general:
             345          (a) initiate legal proceedings in a court of competent jurisdiction on behalf of the state, or
             346      any officer, board, commission, agency, or instrumentality of the state for the purpose of opposing
             347      or challenging federal laws, regulations, or court orders and their impact on or applicability to the
             348      state; and
             349          (b) as the budget permits, retain outside legal counsel with appropriate expertise to
             350      represent the state in the legal proceedings;
             351          (3) after judgment on any cause referred to in Subsection (1), direct the issuance of process
             352      as necessary to execute the judgment;
             353          (4) account for, and pay over to the proper officer, all moneys which come into his
             354      possession, that belong to the state;
             355          (5) keep a file of all cases in which he is required to appear, including any documents and
             356      papers showing the court in which the cases have been instituted and tried, and whether they are
             357      civil or criminal, and:
             358          (a) if civil, the nature of the demand, the stage of proceedings, and when prosecuted to
             359      judgment, a memorandum of the judgment and of any process issued whether satisfied, and if not
             360      satisfied, the return of the sheriff;
             361          (b) if criminal, the nature of the crime, the mode of prosecution, the stage of proceedings,
             362      and when prosecuted to sentence, a memorandum of the sentence and of the execution, if the
             363      sentence has been executed, if not executed, of the reason of the delay or prevention; and
             364          (c) deliver this information to his successor in office;
             365          (6) exercise supervisory powers over the district and county attorneys of the state in all
             366      matters pertaining to the duties of their offices, and from time to time require of them reports of


             367      the condition of public business entrusted to their charge;
             368          (7) give his opinion in writing and without fee to the Legislature or either house, and to
             369      any state officer, board, or commission, and to any county attorney or district attorney, when
             370      required, upon any question of law relating to their respective offices;
             371          (8) when required by the public service or directed by the governor, assist any district or
             372      county attorney in the discharge of his duties;
             373          (9) purchase in the name of the state, under the direction of the state Board of Examiners,
             374      any property offered for sale under execution issued upon judgments in favor of or for the use of
             375      the state, and enter satisfaction in whole or in part of the judgments as the consideration of the
             376      purchases;
             377          (10) when the property of a judgment debtor in any judgment mentioned in Subsection (9)
             378      has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance taking
             379      precedence of the judgment in favor of the state, redeem the property, under the direction of the
             380      state Board of Examiners, from the prior judgment, lien, or encumbrance, and pay all money
             381      necessary for the redemption, upon the order of the state Board of Examiners, out of any money
             382      appropriated for these purposes;
             383          (11) when in his opinion it is necessary for the collection or enforcement of any judgment,
             384      institute and prosecute on behalf of the state any action or proceeding necessary to set aside and
             385      annul all conveyances fraudulently made by the judgment debtors, and pay the cost necessary to
             386      the prosecution, when allowed by the state Board of Examiners, out of any money not otherwise
             387      appropriated;
             388          (12) discharge the duties of a member of all official boards of which he is or may be made
             389      a member by the Utah Constitution or by the laws of the state, and other duties prescribed by law;
             390          (13) institute and prosecute proper proceedings in any court of the state or of the United
             391      States, to restrain and enjoin corporations organized under the laws of this or any other state or
             392      territory from acting illegally or in excess of their corporate powers or contrary to public policy,
             393      and in proper cases forfeit their corporate franchises, dissolve the corporations, and wind up their
             394      affairs;
             395          (14) institute investigations for the recovery of all real or personal property that may have
             396      escheated or should escheat to the state, and for that purpose he may cite any persons before any
             397      of the district courts to answer inquiries and render accounts concerning any property, may


             398      examine all books and papers of any corporations, and when any real or personal property is
             399      discovered that should escheat to the state, the attorney general shall institute suit in the district
             400      court of the county where the property is situated for its recovery, and escheat that property to the
             401      state;
             402          (15) administer the Children's Justice Center as a program to be implemented in various
             403      counties pursuant to Sections 67-5b-101 through 67-5b-107 ; and
             404          (16) assist the Constitutional Defense Council as provided in [Section 63C-4-102 ] Title
             405      63C, Chapter 4, Constitutional Defense Council.


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