Senator Evan J. Vickers proposes the following substitute bill:


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
30     Legislature.
31     Money Appropriated in this Bill:
32          This bill appropriates in fiscal year 2021:
33          ▸     to the Attorney General's Office -- Attorney General Crime and Violence Prevention
34     Fund, as on ongoing appropriation:
35               •     from the General Fund, $100,000.
36     Other Special Clauses:
37          None
38     Utah Code Sections Affected:
39     AMENDS:
40          67-5-24, as last amended by Laws of Utah 2013, Chapter 400
41     ENACTS:
42          51-9-801, Utah Code Annotated 1953
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 51-9-801 is enacted to read:
46     
Part 8. Opioid Litigation Settlement Restricted Account

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

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

88     purposes described in Subsection (8).
89          (4) Except as provided under Subsection (3), the fund money shall be used for any of
90     the following activities:
91          (a) the Amber Alert program;
92          (b) prevention of crime against seniors;
93          (c) prevention of domestic violence and dating violence;
94          [(d) antidrug use programs;]
95          (d) programs designed to reduce the supply or demand of illicit or controlled
96     substances;
97          (e) preventing gangs and gang violence;
98          (f) Internet safety programs, including Internet literacy for parents;
99          (g) mentoring Utah partnerships;
100          (h) suicide prevention programs;
101          (i) underage [drinking] alcohol and substance misuse prevention programs;
102          (j) antipornography programs;
103          (k) victims assistance programs;
104          (l) identity theft investigations and prosecutions; or
105          (m) identity theft reporting system database.
106          (5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
107     State Money Management Act, except that all interest or other earnings derived from the fund
108     money shall be deposited in the fund.
109          (6) The attorney general shall make an annual report to the Legislature regarding the
110     status of the fund, including:
111          (a) a report on the contributions received, expenditures made, and programs and
112     services funded[.]; and
113          (b) if the attorney general establishes a task force under Subsection (7), all activities
114     and programs initiated through the task force.
115          (7) The attorney general may establish a volunteer task force consisting of
116     representatives from public or private agencies or organizations in the state to address any of
117     the activities described in Subsection (4).
118          (8) The attorney general may employ necessary support staff to implement and

119     administer the fund and the activities of a task force established under Subsection (7).
120          Section 3. Appropriation.
121          The following sums of money are appropriated for the fiscal year beginning July 1,
122     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
123     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
124     Act, the Legislature appropriates the following sums of money from the funds or accounts
125     indicated for the use and support of the government of the state of Utah.
126     ITEM 1
127          To Attorney General's Office -- Attorney General Crime
128           and Violence Prevention Fund
129               From General Fund
$100,000

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