First Substitute S.B. 191

Senator Peter C. Knudson proposes the following substitute bill:

1 LAW ENFORCEMENT REVOLVING ACCOUNT
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Peter C. Knudson
5 This act modifies the Criminal Code by amending the Antitrust Revolving Account in order
6 to create the Attorney General Litigation Fund. This act specifies the funds that are to go
7 into the account from state or federal antitrust or criminal actions. This act specifies the
8 purposes for which the state attorney general may use the funds. This act takes effect on
9 July 1, 2002.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 76-10-922, as enacted by Chapter 79, Laws of Utah 1979
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-10-922 is amended to read:
15 76-10-922. Attorney General Litigation Fund.
16 (1) (a) There is created [within the general fund an account to be] a special revenue fund
17 known as the ["antitrust revolving account"] Attorney General Litigation Fund for the purpose of
18 providing funds to pay for any costs and expenses incurred by the state attorney general in relation
19 to actions under state or federal antitrust or criminal laws[, which account shall lapse only to the
20 extent that it exceeds the sum of one million dollars]. These funds are in addition to other funds
21 as may be appropriated by the Legislature to the attorney general for the administration and
22 enforcement of the laws of this state.
23 (b) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall
24 be transferred to the General Fund.
25 (c) The attorney general may expend monies from the Attorney General Litigation Fund

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House Floor Amendments 3-6-2002 kh/sca 26

for the purposes in Subsection (1)(a).
27 (2) (a) All monies received by the state or its agencies by reason of any judgment,
28 settlement, or compromise as the result of any [such] action commenced, investigated, or
29 prosecuted by the attorney general, after payment of any fines, restitution, payments, costs, or fees
30 allocated by the court, shall be deposited [to the antitrust revolving account] in the Attorney
31 General Litigation Fund, except as [otherwise] provided in [this section.] Subsection (2)(b).
32 (b) (i) Any expenses advanced by the attorney general in any of the actions under
33 Subsection (1)(a) shall be credited to the Attorney General Litigation Fund.
34 [(3) The legislature may make annual appropriations to the attorney general from the
35 antitrust revolving account or from the general fund, to such extent as may be required for the
36 administration and enforcement of the antitrust laws. These funds shall be in addition to such other
37 funds as may be appropriated to the attorney general for the administration and enforcement of the
38 laws of this state.]
39 [(4) Any monies recovered by the attorney general based on an expenditure or loss from
40 a specific cash fund shall be credited to that fund to the extent of the expenditure or loss.]
41 (ii) Any monies recovered by the attorney general on behalf of any private person or public
42 body other than the state shall be paid to [such] those persons or bodies[. However, prior to any
43 such credit or payment, any expenses advanced by the attorney general in any of the above actions
44 shall be credited to the antitrust revolving account] from funds remaining after payment of
45 expenses under Subsection (2)(b)(i).
46 (3) The Division of Finance shall transfer any monies remaining in the Antitrust Revolving
47 Account on July 1, 2002, to the Attorney General Litigation Fund created in Subsection (1).
48 Section 2. Effective date.
49 This act takes effect on July 1, 2002.
49a h Section 3. Coordination Clause.
49b IF THIS BILL AND H.B. 264, FUNDS CONSOLIDATION, BUDGET PROCEDURES, AND FUND
49c RECLASSIFICATION AMENDMENTS, BOTH PASS, IT IS THE INTENT OF THE LEGISLATURE THAT
49d THE AMENDMENTS TO SECTION 76-10-922 IN THIS BILL SUPERSEDE THE AMENDMENTS TO
49e SECTION 76-10-922 IN H.B. 264. h