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First Substitute H.B. 208

Representative Bradley T. Johnson proposes the following substitute bill:





Sponsor: Bradley T. Johnson

             6      This act modifies the duties of the Attorney General to include pursuing legal action to
             7      further the state's policy of reducing the amount of federally owned public land in the state.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          67-5-1, as last amended by Chapters 212 and 316, Laws of Utah 2000
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 67-5-1 is amended to read:
             13           67-5-1. General duties.
             14          The attorney general shall:
             15          (1) perform all duties in a manner consistent with the attorney-client relationship under
             16      Section 67-5-17 ;
             17          (2) except as provided in Sections 10-3-928 and 17-18-1 , attend the Supreme Court and
             18      the Court of Appeals of this state, and all courts of the United States, and prosecute or defend all
             19      causes to which the state, or any officer, board, or commission of the state in an official capacity
             20      is a party; and take charge, as attorney, of all civil legal matters in which the state is interested;
             21          (3) after judgment on any cause referred to in Subsection (2), direct the issuance of process
             22      as necessary to execute the judgment;
             23          (4) account for, and pay over to the proper officer, all moneys that come into the attorney
             24      general's possession that belong to the state;
             25          (5) keep a file of all cases in which the attorney general is required to appear, including

             26      any documents and papers showing the court in which the cases have been instituted and tried, and
             27      whether they are civil or criminal, and:
             28          (a) if civil, the nature of the demand, the stage of proceedings, and when prosecuted to
             29      judgment, a memorandum of the judgment and of any process issued whether satisfied, and if not
             30      satisfied, the return of the sheriff;
             31          (b) if criminal, the nature of the crime, the mode of prosecution, the stage of proceedings,
             32      and when prosecuted to sentence, a memorandum of the sentence and of the execution, if the
             33      sentence has been executed, if not executed, of the reason of the delay or prevention; and
             34          (c) deliver this information to the attorney general's successor in office;
             35          (6) exercise supervisory powers over the district and county attorneys of the state in all
             36      matters pertaining to the duties of their offices, and from time to time require of them reports of
             37      the condition of public business entrusted to their charge;
             38          (7) give the attorney general's opinion in writing and without fee to the Legislature or
             39      either house, and to any state officer, board, or commission, and to any county attorney or district
             40      attorney, when required, upon any question of law relating to their respective offices;
             41          (8) when required by the public service or directed by the governor, assist any district or
             42      county attorney in the discharge of his duties;
             43          (9) purchase in the name of the state, under the direction of the state Board of Examiners,
             44      any property offered for sale under execution issued upon judgments in favor of or for the use of
             45      the state, and enter satisfaction in whole or in part of the judgments as the consideration of the
             46      purchases;
             47          (10) when the property of a judgment debtor in any judgment mentioned in Subsection (9)
             48      has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance taking
             49      precedence of the judgment in favor of the state, redeem the property, under the direction of the
             50      state Board of Examiners, from the prior judgment, lien, or encumbrance, and pay all money
             51      necessary for the redemption, upon the order of the state Board of Examiners, out of any money
             52      appropriated for these purposes;
             53          (11) when in his opinion it is necessary for the collection or enforcement of any judgment,
             54      institute and prosecute on behalf of the state any action or proceeding necessary to set aside and
             55      annul all conveyances fraudulently made by the judgment debtors, and pay the cost necessary to
             56      the

             57      prosecution, when allowed by the state Board of Examiners, out of any money not otherwise
             58      appropriated;
             59          (12) discharge the duties of a member of all official boards of which the attorney general
             60      is or may be made a member by the Utah Constitution or by the laws of the state, and other duties
             61      prescribed by law;
             62          (13) institute and prosecute proper proceedings in any court of the state or of the United
             63      States, to restrain and enjoin corporations organized under the laws of this or any other state or
             64      territory from acting illegally or in excess of their corporate powers or contrary to public policy,
             65      and in proper cases forfeit their corporate franchises, dissolve the corporations, and wind up their
             66      affairs;
             67          (14) institute investigations for the recovery of all real or personal property that may have
             68      escheated or should escheat to the state, and for that purpose, subpoena any persons before any of
             69      the district courts to answer inquiries and render accounts concerning any property, examine all
             70      books and papers of any corporations, and when any real or personal property is discovered that
             71      should escheat to the state, institute suit in the district court of the county where the property is
             72      situated for its recovery, and escheat that property to the state;
             73          (15) administer the Children's Justice Center as a program to be implemented in various
             74      counties pursuant to Sections 67-5b-101 through 67-5b-107 ;
             75          (16) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4,
             76      Constitutional Defense Council;
             77          (17) pursue any appropriate legal action to implement the state's public lands policy
             78      established in Subsection 63C-4-105 (1);
             79          [(17)] (18) investigate and prosecute criminal violations of Title 26, Chapter 20, False
             80      Claims Act, in accordance with Section 26-20-13 ; and
             81          [(18)] (19) investigate and prosecute complaints of abuse, neglect, or exploitation of
             82      patients at health care facilities that receive payments under the state Medicaid program.

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