1     
ATTORNEY GENERAL FUND AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions applicable to certain funds received by the attorney general
10     or the Department of Commerce.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates the Opioid Litigation Settlement Restricted Account, to consist of:
14                •     money received by the attorney general or the Department of Commerce as a
15     result of certain opioid litigation;
16               •     interest earned on money in the account; and
17               •     money appropriated by the Legislature;
18          ▸     specifies the purposes for which money in the Opioid Litigation Settlement
19     Restricted Account may be used; and
20          ▸     makes the following changes applicable to the Attorney General Crime and
21     Violence Prevention Fund:
22               •     allows the fund to receive appropriations by the Legislature;
23               •     modifies the activities for which fund money may be used;
24               •     allows the attorney general to establish a volunteer task force to address the
25     activities for which fund money may be used;
26               •     allows the attorney general to employ necessary support staff to administer the
27     fund and the activities of a task force established under this bill; and
28               •     requires the attorney general to include information related to the activities of a

29     task force established under this bill in the attorney general's annual report to the Legislature.
30     Money Appropriated in this Bill:
31          This bill appropriates in fiscal year 2021:
32          ▸     to the Attorney General's Office -- Attorney General Crime and Violence Prevention
33     Fund, as on ongoing appropriation:
34               •     from the General Fund, $100,000.
35     Other Special Clauses:
36          None
37     Utah Code Sections Affected:
38     AMENDS:
39          67-5-24, as last amended by Laws of Utah 2013, Chapter 400
40     ENACTS:
41          51-9-801, Utah Code Annotated 1953
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 51-9-801 is enacted to read:
45     
Part 8. Opioid Litigation Settlement Restricted Account

46          51-9-801. Opioid Litigation Settlement Restricted Account.
47          (1) There is created within the General Fund a restricted account known as the Opioid
48     Litigation Settlement Restricted Account.
49          (2) The account consists of:
50          (a) any money deposited into the account in accordance with Subsection (3);
51          (b) interest earned on money in the account; and
52          (c) money appropriated to the account by the Legislature.
53          (3) Notwithstanding Sections 13-2-8 and 76-10-3114, after reimbursement to the
54     attorney general and the Department of Commerce for expenses related to the matters
55     described in Subsection (3)(a) or (b), the following shall be deposited into the account:

56          (a) all money received by the attorney general or the Department of Commerce as a
57     result of any judgment, settlement, or compromise of claims pertaining to alleged violations of
58     law related to the manufacture, marketing, distribution, or sale of opioids from a case
59     designated as an opioid case by the attorney general in a legal services contract; and
60          (b) all money received by the attorney general or the Department of Commerce as a
61     result of any multistate judgment, settlement, or compromise of claims pertaining to alleged
62     violations of law related to the manufacture, marketing, distribution, or sale of opioids.
63          (4) Subject to appropriation by the Legislature, money in the account shall be used:
64          (a) to address the effects of alleged violations of law related to the manufacture,
65     marketing, distribution, or sale of opioids; or
66          (b) if applicable, in accordance with the terms of a settlement agreement described in
67     Subsection (3)(a) or (b) entered into by the state.
68          Section 2. Section 67-5-24 is amended to read:
69          67-5-24. Attorney General Crime and Violence Prevention Fund -- Use of money
70     -- Restrictions -- Volunteer task force -- Staff.
71          (1) There is created an expendable special revenue fund known as the Attorney General
72     Crime and Violence Prevention Fund.
73          (2) The fund shall consist of:
74          (a) appropriations by the Legislature; and
75          (b) gifts, grants, devises, donations, and bequests of real property, personal property, or
76     services, from any source[, made to the fund].
77          (3) (a) If the donor designates a specific purpose or use for [the] a gift, grant, devise,
78     donation, or bequest provided under Subsection (2)(b), money from the fund shall be used
79     solely for that purpose.
80          (b) [Gifts, grants, devises, donations, and bequests not] Unless designated for a specific
81     purpose under Subsection (3)(a) [and that are], money in the fund not restricted to a specific
82     use under federal law[,] shall be used in connection with the activities under Subsection (4).

83          (c) The attorney general or the attorney general's designee shall authorize the
84     expenditure of fund money in accordance with this section.
85          (d) The money in the fund may not be used for administrative expenses of the Office of
86     the Attorney General normally provided for by legislative appropriation, except for the
87     purposes described in Subsection (8).
88          (4) Except as provided under Subsection (3), the fund money shall be used for any of
89     the following activities:
90          (a) the Amber Alert program;
91          (b) prevention of crime against seniors;
92          (c) prevention of domestic violence and dating violence;
93          [(d) antidrug use programs;]
94          (d) programs designed to reduce the supply or demand of illicit or controlled
95     substances;
96          (e) preventing gangs and gang violence;
97          (f) Internet safety programs, including Internet literacy for parents;
98          (g) mentoring Utah partnerships;
99          (h) suicide prevention programs;
100          (i) underage [drinking] alcohol and substance misuse prevention programs;
101          (j) antipornography programs;
102          (k) victims assistance programs;
103          (l) identity theft investigations and prosecutions; or
104          (m) identity theft reporting system database.
105          (5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
106     State Money Management Act, except that all interest or other earnings derived from the fund
107     money shall be deposited in the fund.
108          (6) The attorney general shall make an annual report to the Legislature regarding the
109     status of the fund, including:

110          (a) a report on the contributions received, expenditures made, and programs and
111     services funded[.]; and
112          (b) if the attorney general establishes a task force under Subsection (7), all activities
113     and programs initiated through the task force.
114          (7) The attorney general may establish a volunteer task force consisting of
115     representatives from public or private agencies or organizations in the state to address any of
116     the activities described in Subsection (4).
117          (8) The attorney general may employ necessary support staff to implement and
118     administer the fund and the activities of a task force established under Subsection (7).
119          Section 3. Appropriation.
120          The following sums of money are appropriated for the fiscal year beginning July 1,
121     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
122     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
123     Act, the Legislature appropriates the following sums of money from the funds or accounts
124     indicated for the use and support of the government of the state of Utah.
125     ITEM 1
126          To Attorney General's Office -- Attorney General Crime
127           and Violence Prevention Fund
128               From General Fund
$100,000

129               Schedule of Programs:
130                    Attorney General Crime and Violence
131                    Prevention Fund                    $100,000