Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 257 (2017GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the attorney general to report to the Legislature on lawsuits that challenge the constitutionality of state law.

Every vote on this bill

Bill text

CASE STATUS UPDATES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Mike K. McKell
LONG TITLE
General Description:
This bill addresses the attorney general's reports to the Legislature.
Highlighted Provisions:
This bill:
▸ requires the attorney general to report to the Legislature on lawsuits that challenge
the constitutionality of state law.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
67-5-1
, as last amended by Laws of Utah 2016, Chapter 120
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
67-5-1
 is amended to read:
67-5-1.
General duties.
The attorney general shall:
(1) perform all duties in a manner consistent with the attorney-client relationship under
Section 
67-5-17
;
(2) except as provided in Sections 
10-3-928
 and 
17-18a-403
, attend the Supreme Court
and the Court of Appeals of this state, and all courts of the United States, and prosecute or
defend all causes to which the state or any officer, board, or commission of the state in an
official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
state is interested;
(3) after judgment on any cause referred to in Subsection (2), direct the issuance of
process as necessary to execute the judgment;
(4) account for, and pay over to the proper officer, all money that comes into the
attorney general's possession that belongs to the state;
(5) keep a file of all cases in which the attorney general is required to appear, including
any documents and papers showing the court in which the cases have been instituted and tried,
and whether they are civil or criminal, and:
(a) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to
judgment, a memorandum of the judgment and of any process issued if satisfied, and if not
satisfied, documentation of the return of the sheriff;
(b) if criminal, the nature of the crime, the mode of prosecution, the stage of
proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
execution, if the sentence has been executed, and, if not executed, the reason for the delay or
prevention; and
(c) deliver this information to the attorney general's successor in office;
(6) exercise supervisory powers over the district and county attorneys of the state in all
matters pertaining to the duties of their offices, and from time to time require of them reports of
the condition of public business entrusted to their charge;
(7) give the attorney general's opinion in writing and without fee to the Legislature or
either house and to any state officer, board, or commission, and to any county attorney or
district attorney, when required, upon any question of law relating to their respective offices;
(8) when required by the public service or directed by the governor, assist any county,
district, or city attorney in the discharge of county, district, or city attorney's duties;
(9) purchase in the name of the state, under the direction of the state Board of
Examiners, any property offered for sale under execution issued upon judgments in favor of or
for the use of the state, and enter satisfaction in whole or in part of the judgments as the
consideration of the purchases;
(10) when the property of a judgment debtor in any judgment mentioned in Subsection
(9) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
taking precedence of the judgment in favor of the state, redeem the property, under the
direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
pay all money necessary for the redemption, upon the order of the state Board of Examiners,
out of any money appropriated for these purposes;
(11) when in the attorney general's opinion it is necessary for the collection or
enforcement of any judgment, institute and prosecute on behalf of the state any action or
proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment
debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
Examiners, out of any money not otherwise appropriated;
(12) discharge the duties of a member of all official boards of which the attorney
general is or may be made a member by the Utah Constitution or by the laws of the state, and
other duties prescribed by law;
(13) institute and prosecute proper proceedings in any court of the state or of the
United States to restrain and enjoin corporations organized under the laws of this or any other
state or territory from acting illegally or in excess of their corporate powers or contrary to
public policy, and in proper cases forfeit their corporate franchises, dissolve the corporations,
and wind up their affairs;
(14) institute investigations for the recovery of all real or personal property that may
have escheated or should escheat to the state, and for that purpose, subpoena any persons
before any of the district courts to answer inquiries and render accounts concerning any
property, examine all books and papers of any corporations, and when any real or personal
property is discovered that should escheat to the state, institute suit in the district court of the
county where the property is situated for its recovery, and escheat that property to the state;
(15) administer the Children's Justice Center as a program to be implemented in
various counties pursuant to Sections 
67-5b-101
 through 
67-5b-107
;
(16) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
Constitutional and Federalism Defense Act;
(17) pursue any appropriate legal action to implement the state's public lands policy
established in Section 
63C-4a-103
; 
(18) investigate and prosecute violations of all applicable state laws relating to fraud in
connection with the state Medicaid program and any other medical assistance program
administered by the state, including violations of Title 26, Chapter 20, Utah False Claims Act;
(19) investigate and prosecute complaints of abuse, neglect, or exploitation of patients
at:
(a) health care facilities that receive payments under the state Medicaid program; and
(b) board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility;
(20) (a) report at least twice per year to the Legislative Management Committee on any
pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
(i) cost the state more than $500,000; or
(ii) require the state to take legally binding action that would cost more than $500,000
to implement; and
(b) if the meeting is closed, include an estimate of the state's potential financial or other
legal exposure in that report; [
and
]
(21) (a) submit a written report to the committees described in Subsection (21)(b) that
summarizes the status and progress of any lawsuits that challenge the constitutionality of state
law that were pending at the time the attorney general submitted the attorney general's last
report under this Subsection (21), including any:
(i) settlements reached;
(ii) consent decrees entered; or
(iii) judgments issued; and
(b) at least 30 days before the Legislature's May and November interim meetings,
submit the report described in Subsection (21)(a) to:
(i) the Legislative Management Committee;
(ii) the Judiciary Interim Committee; and
(iii) the Law Enforcement and Criminal Justice Interim Committee; and
[
(21)
] 
(22)
 if the attorney general operates the Office of the Attorney General or any
portion of the Office of the Attorney General as an internal service fund agency in accordance
with Section 
67-5-4
, submit to the rate committee established in Section 
67-5-34
:
(a) a proposed rate and fee schedule in accordance with Subsection 
67-5-34
(4); and
(b) any other information or analysis requested by the rate committee.