1     
ATTORNEY GENERAL SECURITY DETAIL AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to the attorney general's security detail.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows the attorney general to provide for the attorney general's own security detail;
13     and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          67-5-1, as last amended by Laws of Utah 2013, Chapters 101 and 237
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 67-5-1 is amended to read:
25          67-5-1. General duties.
26          (1) The attorney general shall:
27          [(1)] (a) perform all duties in a manner consistent with the attorney-client relationship
28     under Section 67-5-17;
29          [(2)] (b) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme
30     Court and the Court of Appeals of this state, and all courts of the United States, and prosecute
31     or defend all causes to which the state or any officer, board, or commission of the state in an
32     official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
33     state is interested;
34          [(3)] (c) after judgment on any cause referred to in Subsection [(2)] (1)(b), direct the
35     issuance of process as necessary to execute the judgment;
36          [(4)] (d) account for, and pay over to the proper officer, all money that comes into the
37     attorney general's possession that belongs to the state;
38          [(5)] (e) keep a file of all cases in which the attorney general is required to appear,
39     including any documents and papers showing the court in which the cases have been instituted
40     and tried, and whether they are civil or criminal, and:
41          [(a)] (i) if civil, the nature of the demand, the stage of proceedings, and, when
42     prosecuted to judgment, a memorandum of the judgment and of any process issued if satisfied,
43     and if not satisfied, documentation of the return of the sheriff;
44          [(b)] (ii) if criminal, the nature of the crime, the mode of prosecution, the stage of
45     proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
46     execution, if the sentence has been executed, and, if not executed, the reason for the delay or
47     prevention; and
48          [(c)] (iii) deliver this information to the attorney general's successor in office;
49          [(6)] (f) exercise supervisory powers over the district and county attorneys of the state
50     in all matters pertaining to the duties of their offices, and from time to time require of them
51     reports of the condition of public business entrusted to their charge;
52          [(7)] (g) give the attorney general's opinion in writing and without fee to the
53     Legislature or either house and to any state officer, board, or commission, and to any county
54     attorney or district attorney, when required, upon any question of law relating to their
55     respective offices;
56          [(8)] (h) when required by the public service or directed by the governor, assist any
57     county, district, or city attorney in the discharge of [his] the county, district, or city attorney's
58     duties;
59          [(9)] (i) purchase in the name of the state, under the direction of the state Board of
60     Examiners, any property offered for sale under execution issued upon judgments in favor of or
61     for the use of the state, and enter satisfaction in whole or in part of the judgments as the
62     consideration of the purchases;
63          [(10)] (j) when the property of a judgment debtor in any judgment mentioned in
64     Subsection [(9)] (1)(i) has been sold under a prior judgment, or is subject to any judgment, lien,
65     or encumbrance taking precedence of the judgment in favor of the state, redeem the property,
66     under the direction of the state Board of Examiners, from the prior judgment, lien, or
67     encumbrance, and pay all money necessary for the redemption, upon the order of the state
68     Board of Examiners, out of any money appropriated for these purposes;
69          [(11)] (k) when in the attorney general's opinion it is necessary for the collection or
70     enforcement of any judgment, institute and prosecute on behalf of the state any action or
71     proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment
72     debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
73     Examiners, out of any money not otherwise appropriated;
74          [(12)] (l) discharge the duties of a member of all official boards of which the attorney
75     general is or may be made a member by the Utah Constitution or by the laws of the state, and
76     other duties prescribed by law;
77          [(13)] (m) institute and prosecute proper proceedings in any court of the state or of the
78     United States to restrain and enjoin corporations organized under the laws of this or any other
79     state or territory from acting illegally or in excess of their corporate powers or contrary to
80     public policy, and in proper cases forfeit their corporate franchises, dissolve the corporations,
81     and wind up their affairs;
82          [(14)] (n) institute investigations for the recovery of all real or personal property that
83     may have escheated or should escheat to the state, and for that purpose, subpoena any persons
84     before any of the district courts to answer inquiries and render accounts concerning any
85     property, examine all books and papers of any corporations, and when any real or personal
86     property is discovered that should escheat to the state, institute suit in the district court of the
87     county where the property is situated for its recovery, and escheat that property to the state;
88          [(15)] (o) administer the Children's Justice Center as a program to be implemented in
89     various counties pursuant to Sections 67-5b-101 through 67-5b-107;
90          [(16)] (p) assist the Constitutional Defense Council as provided in Title 63C, Chapter
91     4a, Constitutional and Federalism Defense Act;
92          [(17)] (q) pursue any appropriate legal action to implement the state's public lands
93     policy established in Section 63C-4a-103;
94          [(18)] (r) investigate and prosecute violations of all applicable state laws relating to
95     fraud in connection with the state Medicaid program and any other medical assistance program
96     administered by the state, including violations of Title 26, Chapter 20, Utah False Claims Act;
97          [(19)] (s) investigate and prosecute complaints of abuse, neglect, or exploitation of
98     patients at:
99          [(a)] (i) health care facilities that receive payments under the state Medicaid program;
100     and
101          [(b)] (ii) board and care facilities, as defined in the federal Social Security Act, 42
102     U.S.C. Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility;
103     and
104          [(20) (a)] (t) (i) report at least twice per year to the Legislative Management Committee
105     on any pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
106          [(i)] (A) cost the state more than $500,000; or
107          [(ii)] (B) require the state to take legally binding action that would cost more than
108     $500,000 to implement; and
109          [(b)] (ii) if the meeting is closed, include an estimate of the state's potential financial or
110     other legal exposure in that report.
111          (2) The attorney general may use employees of the Office of the Attorney General to
112     provide a security detail for the attorney general and any of the attorney general's staff.




Legislative Review Note
Office of Legislative Research and General Counsel