H.B. 208 Enrolled

FEDERAL GOVERNMENT ACQUISITION OF
REAL PROPERTY IN THE STATE
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Bradley T. Johnson

Douglas C. Aagard
Gerry A. Adair
Jeff Alexander
Trisha S. Beck
Ron Bigelow
DeMar Bud Bowman
Don E. Bush
Craig W. Buttars
Margaret Dayton
Glenn A. Donnelson
Kevin S. Garn
James R. Gowans
Neil A. HansenWayne A. Harper
Neal B. Hendrickson
Kory M. Holdaway
Eric K. Hutchings
Rebecca D. Lockhart
Steven R. Mascaro
Joseph G. Murray
Brent D. Parker
Darin G. Peterson
Carl R. Saunders
Jack A. Seitz
LaWanna Lou Shurtliff
Gordon E. SnowMartin R. Stephens
Michael R. Styler
John E. Swallow
Mike Thompson
Matt Throckmorton
A. Lamont Tyler
David Ure
Stephen H. Urquhart
Peggy Wallace
Glenn L. Way
Bradley A. Winn
Max W. Young This act modifies the duties of the Attorney General to include pursuing legal action to
further the state's policy of reducing the amount of federally owned public land in the state.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
67-5-1, as last amended by Chapters 212 and 316, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 67-5-1 is amended to read:
67-5-1. General duties.
The attorney general shall:
(1) perform all duties in a manner consistent with the attorney-client relationship under
Section 67-5-17 ;
(2) except as provided in Sections 10-3-928 and 17-18-1 , attend the Supreme Court and
the Court of Appeals of this state, and all courts of the United States, and prosecute or defend all
causes to which the state, or any officer, board, or commission of the state in an official capacity
is a party; and take charge, as attorney, of all civil legal matters in which the state is interested;

(3) after judgment on any cause referred to in Subsection (2), direct the issuance of process
as necessary to execute the judgment;
(4) account for, and pay over to the proper officer, all moneys that come into the attorney
general's possession that belong to the state;
(5) keep a file of all cases in which the attorney general is required to appear, including any
documents and papers showing the court in which the cases have been instituted and tried, and
whether they are civil or criminal, and:
(a) if civil, the nature of the demand, the stage of proceedings, and when prosecuted to
judgment, a memorandum of the judgment and of any process issued whether satisfied, and if not
satisfied, the return of the sheriff;
(b) if criminal, the nature of the crime, the mode of prosecution, the stage of proceedings,
and when prosecuted to sentence, a memorandum of the sentence and of the execution, if the
sentence has been executed, if not executed, of the reason of the delay or prevention; and
(c) deliver this information to the attorney general's successor in office;
(6) exercise supervisory powers over the district and county attorneys of the state in all
matters pertaining to the duties of their offices, and from time to time require of them reports of the
condition of public business entrusted to their charge;
(7) give the attorney general's opinion in writing and without fee to the Legislature or either
house, and to any state officer, board, or commission, and to any county attorney or district attorney,
when required, upon any question of law relating to their respective offices;
(8) when required by the public service or directed by the governor, assist any district or
county attorney in the discharge of his duties;
(9) purchase in the name of the state, under the direction of the state Board of Examiners,
any property offered for sale under execution issued upon judgments in favor of or for the use of the
state, and enter satisfaction in whole or in part of the judgments as the consideration of the
purchases;
(10) when the property of a judgment debtor in any judgment mentioned in Subsection (9)
has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance taking

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precedence of the judgment in favor of the state, redeem the property, under the direction of the state
Board of Examiners, from the prior judgment, lien, or encumbrance, and pay all money necessary
for the redemption, upon the order of the state Board of Examiners, out of any money appropriated
for these purposes;
(11) when in his opinion it is necessary for the collection or enforcement of any judgment,
institute and prosecute on behalf of the state any action or proceeding necessary to set aside and
annul all conveyances fraudulently made by the judgment debtors, and pay the cost necessary to the
prosecution, when allowed by the state Board of Examiners, out of any money not otherwise
appropriated;
(12) discharge the duties of a member of all official boards of which the attorney general is
or may be made a member by the Utah Constitution or by the laws of the state, and other duties
prescribed by law;
(13) institute and prosecute proper proceedings in any court of the state or of the United
States, to restrain and enjoin corporations organized under the laws of this or any other state or
territory from acting illegally or in excess of their corporate powers or contrary to public policy, and
in proper cases forfeit their corporate franchises, dissolve the corporations, and wind up their affairs;
(14) institute investigations for the recovery of all real or personal property that may have
escheated or should escheat to the state, and for that purpose, subpoena any persons before any of
the district courts to answer inquiries and render accounts concerning any property, examine all
books and papers of any corporations, and when any real or personal property is discovered that
should escheat to the state, institute suit in the district court of the county where the property is
situated for its recovery, and escheat that property to the state;
(15) administer the Children's Justice Center as a program to be implemented in various
counties pursuant to Sections 67-5b-101 through 67-5b-107 ;
(16) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4,
Constitutional Defense Council;
(17) pursue any appropriate legal action to implement the state's public lands policy
established in Subsection 63C-4-105 (1);

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[(17)] (18) investigate and prosecute criminal violations of Title 26, Chapter 20, False
Claims Act, in accordance with Section 26-20-13 ; and
[(18)] (19) investigate and prosecute complaints of abuse, neglect, or exploitation of patients
at health care facilities that receive payments under the state Medicaid program.

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