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S.B. 191 Enrolled

                 

LAW ENFORCEMENT REVOLVING ACCOUNT

                 
2002 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Peter C. Knudson

                  This act modifies the Criminal Code by amending the Antitrust Revolving Account in order
                  to create the Attorney General Litigation Fund. This act specifies the funds that are to go
                  into the account from state or federal antitrust or criminal actions. This act specifies the
                  purposes for which the state attorney general may use the funds. This act takes effect on
                  July 1, 2002. This act provides a coordination clause.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      76-10-922, as enacted by Chapter 79, Laws of Utah 1979
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 76-10-922 is amended to read:
                       76-10-922. Attorney General Litigation Fund.
                      (1) (a) There is created [within the general fund an account to be] a special revenue fund
                  known as the ["antitrust revolving account"] Attorney General Litigation Fund for the purpose of
                  providing funds to pay for any costs and expenses incurred by the state attorney general in relation
                  to actions under state or federal antitrust or criminal laws[, which account shall lapse only to the
                  extent that it exceeds the sum of one million dollars]. These funds are in addition to other funds
                  as may be appropriated by the Legislature to the attorney general for the administration and
                  enforcement of the laws of this state.
                      (b) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall
                  be transferred to the General Fund.
                      (c) The attorney general may expend monies from the Attorney General Litigation Fund
                  for the purposes in Subsection (1)(a).
                      (2) (a) All monies received by the state or its agencies by reason of any judgment,
                  settlement, or compromise as the result of any [such] action commenced, investigated, or
                  prosecuted by the attorney general, after payment of any fines, restitution, payments, costs, or fees


                  allocated by the court, shall be deposited [to the antitrust revolving account] in the Attorney General
                  Litigation Fund, except as [otherwise] provided in [this section.] Subsection (2)(b).
                      (b) (i) Any expenses advanced by the attorney general in any of the actions under Subsection
                  (1)(a) shall be credited to the Attorney General Litigation Fund.
                      [(3) The legislature may make annual appropriations to the attorney general from the
                  antitrust revolving account or from the general fund, to such extent as may be required for the
                  administration and enforcement of the antitrust laws. These funds shall be in addition to such other
                  funds as may be appropriated to the attorney general for the administration and enforcement of the
                  laws of this state.]
                      [(4) Any monies recovered by the attorney general based on an expenditure or loss from a
                  specific cash fund shall be credited to that fund to the extent of the expenditure or loss.]
                      (ii) Any monies recovered by the attorney general on behalf of any private person or public
                  body other than the state shall be paid to [such] those persons or bodies[. However, prior to any such
                  credit or payment, any expenses advanced by the attorney general in any of the above actions shall
                  be credited to the antitrust revolving account] from funds remaining after payment of expenses under
                  Subsection (2)(b)(i).
                      (3) The Division of Finance shall transfer any monies remaining in the Antitrust Revolving
                  Account on July 1, 2002, to the Attorney General Litigation Fund created in Subsection (1).
                      Section 2. Effective date.
                      This act takes effect on July 1, 2002.
                      Section 3. Coordination clause.
                      If this bill and H. B. 264, Funds Consolidation, Budget Procedures, and Fund Reclassification
                  Amendments, both pass, it is the intent of the Legislature that the amendments to Section 76-10-922
                  in this bill supersede the amendments to Section 76-10-922 in H.B. 264.

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