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• 2024 General Session
• H.B. 380

H.B. 380 Attorney General Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Stoddard, Andrew

Floor Sponsor: Sen. McKell, Michael K.

• Drafting Attorney: Thomas R. Vaughn
• Fiscal Analyst: Andrew Talleh

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• Bill Text
  • Introduced
  • Enrolled

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • Senate Transmittal Letter 1

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• Information
  • Last Action: 18 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Government Operations (State Issues)
  • State Officers and Employees
  • Attorney General
  • Constitutional Officers

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Enrolled

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H.B. 380

3 67-5-1

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ATTORNEY GENERAL AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Andrew Stoddard Senate Sponsor: Michael K. McKell

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LONG TITLE

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General Description:

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This bill addresses the duties of the attorney general.

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Highlighted Provisions:

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This bill:

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▸prohibits the attorney general from engaging in the private practice of law.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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67-5-1, as last amended by Laws of Utah 2023, Chapter 330

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Be it enacted by the Legislature of the state of Utah:

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Section 1, Section 67-5-1 is amended to read:

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67-5-1. General duties and restrictions.

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(1)The attorney general shall:

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(a)perform all duties in a manner consistent with the attorney-client relationship under

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Section 67-5-17;

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(b)except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court

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and the Court of Appeals of this state, and all courts of the United States, and

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prosecute or defend all causes to which the state or any officer, board, or commission

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of the state in an official capacity is a party, and take charge, as attorney, of all civil

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legal matters in which the state is interested;

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(c)after judgment on any cause referred to in Subsection (1)(b), direct the issuance of

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process as necessary to execute the judgment;

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(d)account for, and pay over to the proper officer, all money that comes into the

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attorney general's possession that belongs to the state;

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(e)keep a file of all cases in which the attorney general is required to appear, including

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any documents and papers showing the court in which the cases have been instituted

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and tried, and whether they are civil or criminal, and:

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(i)if civil, the nature of the demand, the stage of proceedings, and, when prosecuted

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to judgment, a memorandum of the judgment and of any process issued if

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satisfied, and if not satisfied, documentation of the return of the sheriff;

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(ii)if criminal, the nature of the crime, the mode of prosecution, the stage of

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proceedings, and, when prosecuted to sentence, a memorandum of the sentence

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and of the execution, if the sentence has been executed, and, if not executed, the

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reason for the delay or prevention; and

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(iii)deliver this information to the attorney general's successor in office;

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(f)exercise supervisory powers over the district and county attorneys of the state in all

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matters pertaining to the duties of the district and county attorneys' offices, including

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the authority described in Subsection (2);

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(g)give the attorney general's opinion in writing and without fee, when required, upon

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any question of law relating to the office of the requester:

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(i)in accordance with Section 67-5-1.1, to the Legislature or either house;

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(ii)to any state officer, board, or commission; and

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(iii)to any county attorney or district attorney;

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(h)when required by the public service or directed by the governor, assist any county,

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district, or city attorney in the discharge of county, district, or city attorney's duties;

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(i)purchase in the name of the state, under the direction of the state Board of Examiners,

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any property offered for sale under execution issued upon judgments in favor of or

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for the use of the state, and enter satisfaction in whole or in part of the judgments as

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the consideration of the purchases;

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(j)when the property of a judgment debtor in any judgment mentioned in Subsection

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(1)(i) has been sold under a prior judgment, or is subject to any judgment, lien, or

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encumbrance taking precedence of the judgment in favor of the state, redeem the

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property, under the direction of the state Board of Examiners, from the prior

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judgment, lien, or encumbrance, and pay all money necessary for the redemption,

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upon the order of the state Board of Examiners, out of any money appropriated for

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these purposes;

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(k)when in the attorney general's opinion it is necessary for the collection or

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enforcement of any judgment, institute and prosecute on behalf of the state any action

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or proceeding necessary to set aside and annul all conveyances fraudulently made by

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the judgment debtors, and pay the cost necessary to the prosecution, when allowed by

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the state Board of Examiners, out of any money not otherwise appropriated;

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(l)discharge the duties of a member of all official boards of which the attorney general

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is or may be made a member by the Utah Constitution or by the laws of the state, and

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other duties prescribed by law;

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(m)institute and prosecute proper proceedings in any court of the state or of the United

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States to restrain and enjoin corporations organized under the laws of this or any

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other state or territory from acting illegally or in excess of their corporate powers or

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contrary to public policy, and in proper cases forfeit their corporate franchises,

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dissolve the corporations, and wind up their affairs;

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(n)institute investigations for the recovery of all real or personal property that may have

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escheated or should escheat to the state, and for that purpose, subpoena any persons

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before any of the district courts to answer inquiries and render accounts concerning

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any property, examine all books and papers of any corporations, and when any real or

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personal property is discovered that should escheat to the state, institute suit in the

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district court of the county where the property is situated for its recovery, and escheat

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that property to the state;

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(o)administer the Children's Justice Center as a program to be implemented in various

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counties pursuant to Sections 67-5b-101 through 67-5b-107;

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(p)assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,

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Constitutional and Federalism Defense Act;

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(q)pursue any appropriate legal action to implement the state's public lands policy

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established in Section 63C-4a-103;

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(r)investigate and prosecute violations of all applicable state laws relating to fraud in

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connection with the state Medicaid program and any other medical assistance

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program administered by the state, including violations of Title 26B, Chapter 3, Part

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11, Utah False Claims Act;

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(s)investigate and prosecute complaints of abuse, neglect, or exploitation of patients:

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(i)in health care facilities that receive payments under the state Medicaid program;

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(ii)in board and care facilities, as defined in the federal Social Security Act, 42

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U.S.C. Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and

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care facility; and

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(iii)who are receiving medical assistance under the Medicaid program as defined in

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Section 26B-3-101 in a noninstitutional or other setting;

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(t) (i)report at least twice per year to the Legislative Management Committee on any

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pending or anticipated lawsuits, other than eminent domain lawsuits, that might:

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(A)cost the state more than $500,000; or

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(B)require the state to take legally binding action that would cost more than

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$500,000 to implement; and

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(ii)if the meeting is closed, include an estimate of the state's potential financial or

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other legal exposure in that report;

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(u) (i)submit a written report to the committees described in Subsection (1)(u)(ii)

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that summarizes any lawsuit or decision in which a court or the Office of the

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Attorney General has determined that a state statute is unconstitutional or

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unenforceable since the attorney general's last report under this Subsection (1)(u),

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including any:

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(A)settlements reached;

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(B)consent decrees entered;

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(C)judgments issued;

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(D)preliminary injunctions issued;

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(E)temporary restraining orders issued; or

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(F)formal or informal policies of the Office of the Attorney General to not

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enforce a law; and

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(ii)at least 30 days before the Legislature's May and November interim meetings,

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submit the report described in Subsection (1)(u)(i) to:

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(A)the Legislative Management Committee;

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(B)the Judiciary Interim Committee; and

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(C)the Law Enforcement and Criminal Justice Interim Committee;

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(v)if the attorney general operates the Office of the Attorney General or any portion of

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the Office of the Attorney General as an internal service fund agency in accordance

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with Section 67-5-4, submit to the rate committee established in Section 67-5-34:

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(i)a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and

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(ii)any other information or analysis requested by the rate committee;

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(w)before the end of each calendar year, create an annual performance report for the

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Office of the Attorney General and post the report on the attorney general's website;

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(x)ensure that any training required under this chapter complies with Title 63G, Chapter

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22, State Training and Certification Requirements;

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(y)notify the legislative general counsel in writing within three business days after the

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day on which the attorney general is officially notified of a claim, regardless of

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whether the claim is filed in state or federal court, that challenges:

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(i)the constitutionality of a state statute;

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(ii)the validity of legislation; or

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(iii)any action of the Legislature; and

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(z) (i)notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a

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special advisor to the Office of the Governor and the Office of the Attorney

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General in matters relating to Native American and tribal issues to:

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(A)establish outreach to the tribes and affected counties and communities; and

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(B)foster better relations and a cooperative framework; and

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(ii)annually report to the Executive Offices and Criminal Justice Appropriations

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Subcommittee regarding:

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(A)the status of the work of the special advisor described in Subsection (1)(z)(i);

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and

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(B)whether the need remains for the ongoing appropriation to fund the special

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advisor described in Subsection (1)(z)(i).

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(2) (a)The attorney general may require a district attorney or county attorney of the state

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to, upon request, report on the status of public business entrusted to the district or

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county attorney's charge.

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(b)The attorney general may review investigation results de novo and file criminal

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charges, if warranted, in any case involving a first degree felony, if:

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(i)a law enforcement agency submits investigation results to the county attorney or

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district attorney of the jurisdiction where the incident occurred and the county

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attorney or district attorney:

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(A)declines to file criminal charges; or

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(B)fails to screen the case for criminal charges within six months after the law

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enforcement agency's submission of the investigation results; and

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(ii)after consultation with the county attorney or district attorney of the jurisdiction

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where the incident occurred, the attorney general reasonably believes action by the

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attorney general would not interfere with an ongoing investigation or prosecution

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by the county attorney or district attorney of the jurisdiction where the incident

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occurred.

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(c)If the attorney general decides to conduct a review under Subsection (2)(b), the

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district attorney, county attorney, and law enforcement agency shall, within 14 days

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after the day on which the attorney general makes a request, provide the attorney

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general with:

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(i)all information relating to the investigation, including all reports, witness lists,

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witness statements, and other documents created or collected in relation to the

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investigation;

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(ii)all recordings, photographs, and other physical or digital media created or

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collected in relation to the investigation;

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(iii)access to all evidence gathered or collected in relation to the investigation; and

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(iv)the identification of, and access to, all officers or other persons who have

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information relating to the investigation.

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(d)If a district attorney, county attorney, or law enforcement agency fails to timely

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comply with Subsection (2)(c), the attorney general may seek a court order

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compelling compliance.

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(e)If the attorney general seeks a court order under Subsection (2)(d), the court shall

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grant the order unless the district attorney, county attorney, or law enforcement

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agency shows good cause and a compelling interest for not complying with

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Subsection (2)(c).

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(3) The attorney general:

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(a) is a full-time employee of the state; and

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(b) may not engage in the private practice of law.

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Section 2. Effective date. This bill takes effect on May 1, 2024.