Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 380 (2024GS)

Sponsor

Rep. Stoddard, A.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• prohibits the attorney general from engaging in the private practice of law.

Every vote on this bill

Bill text

ATTORNEY GENERAL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: 
 Michael K. McKell
LONG TITLE
General Description:
This bill addresses the duties of the attorney general.
Highlighted Provisions:
This bill:
▸ prohibits the attorney general from engaging in the private practice of 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 2023, Chapter 330
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 and restrictions.
(1) The attorney general shall:
(a) perform all duties in a manner consistent with the attorney-client relationship under
Section 
67-5-17
;
(b) 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;
(c) after judgment on any cause referred to in Subsection (1)(b), direct the issuance of
process as necessary to execute the judgment;
(d) account for, and pay over to the proper officer, all money that comes into the
attorney general's possession that belongs to the state;
(e) 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:
(i) 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;
(ii) 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
(iii) deliver this information to the attorney general's successor in office;
(f) exercise supervisory powers over the district and county attorneys of the state in all
matters pertaining to the duties of the district and county attorneys' offices, including the
authority described in Subsection (2);
(g) give the attorney general's opinion in writing and without fee, when required, upon
any question of law relating to the office of the requester:
(i) in accordance with Section 
67-5-1.1
, to the Legislature or either house;
(ii) to any state officer, board, or commission; and
(iii) to any county attorney or district attorney;
(h) 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;
(i) 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;
(j) when the property of a judgment debtor in any judgment mentioned in Subsection
(1)(i) 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;
(k) 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;
(l) 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;
(m) 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;
(n) 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;
(o) 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
;
(p) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
Constitutional and Federalism Defense Act;
(q) pursue any appropriate legal action to implement the state's public lands policy
established in Section 
63C-4a-103
;
(r) 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 26B, Chapter 3, Part 11, Utah False
Claims Act;
(s) investigate and prosecute complaints of abuse, neglect, or exploitation of patients:
(i) in health care facilities that receive payments under the state Medicaid program;
(ii) in 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; and
(iii) who are receiving medical assistance under the Medicaid program as defined in
Section 
26B-3-101
 in a noninstitutional or other setting;
(t) (i) report at least twice per year to the Legislative Management Committee on any
pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
(A) cost the state more than $500,000; or
(B) require the state to take legally binding action that would cost more than $500,000
to implement; and
(ii) if the meeting is closed, include an estimate of the state's potential financial or
other legal exposure in that report;
(u) (i) submit a written report to the committees described in Subsection (1)(u)(ii) that
summarizes any lawsuit or decision in which a court or the Office of the Attorney General has
determined that a state statute is unconstitutional or unenforceable since the attorney general's
last report under this Subsection (1)(u), including any:
(A) settlements reached;
(B) consent decrees entered;
(C) judgments issued;
(D) preliminary injunctions issued;
(E) temporary restraining orders issued; or
(F) formal or informal policies of the Office of the Attorney General to not enforce a
law; and
(ii) at least 30 days before the Legislature's May and November interim meetings,
submit the report described in Subsection (1)(u)(i) to:
(A) the Legislative Management Committee;
(B) the Judiciary Interim Committee; and
(C) the Law Enforcement and Criminal Justice Interim Committee;
(v) 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
:
(i) a proposed rate and fee schedule in accordance with Subsection 
67-5-34
(4); and
(ii) any other information or analysis requested by the rate committee;
(w) before the end of each calendar year, create an annual performance report for the
Office of the Attorney General and post the report on the attorney general's website;
(x) ensure that any training required under this chapter complies with Title 63G,
Chapter 22, State Training and Certification Requirements;
(y) notify the legislative general counsel in writing within three business days after the
day on which the attorney general is officially notified of a claim, regardless of whether the
claim is filed in state or federal court, that challenges:
(i) the constitutionality of a state statute;
(ii) the validity of legislation; or
(iii) any action of the Legislature; and
(z) (i) notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a
special advisor to the Office of the Governor and the Office of the Attorney General in matters
relating to Native American and tribal issues to:
(A) establish outreach to the tribes and affected counties and communities; and
(B) foster better relations and a cooperative framework; and
(ii) annually report to the Executive Offices and Criminal Justice Appropriations
Subcommittee regarding:
(A) the status of the work of the special advisor described in Subsection (1)(z)(i); and
(B) whether the need remains for the ongoing appropriation to fund the special advisor
described in Subsection (1)(z)(i).
(2) (a) The attorney general may require a district attorney or county attorney of the
state to, upon request, report on the status of public business entrusted to the district or county
attorney's charge.
(b) The attorney general may review investigation results de novo and file criminal
charges, if warranted, in any case involving a first degree felony, if:
(i) a law enforcement agency submits investigation results to the county attorney or
district attorney of the jurisdiction where the incident occurred and the county attorney or
district attorney:
(A) declines to file criminal charges; or
(B) fails to screen the case for criminal charges within six months after the law
enforcement agency's submission of the investigation results; and
(ii) after consultation with the county attorney or district attorney of the jurisdiction
where the incident occurred, the attorney general reasonably believes action by the attorney
general would not interfere with an ongoing investigation or prosecution by the county attorney
or district attorney of the jurisdiction where the incident occurred.
(c) If the attorney general decides to conduct a review under Subsection (2)(b), the
district attorney, county attorney, and law enforcement agency shall, within 14 days after the
day on which the attorney general makes a request, provide the attorney general with:
(i) all information relating to the investigation, including all reports, witness lists,
witness statements, and other documents created or collected in relation to the investigation;
(ii) all recordings, photographs, and other physical or digital media created or collected
in relation to the investigation;
(iii) access to all evidence gathered or collected in relation to the investigation; and
(iv) the identification of, and access to, all officers or other persons who have
information relating to the investigation.
(d) If a district attorney, county attorney, or law enforcement agency fails to timely
comply with Subsection (2)(c), the attorney general may seek a court order compelling
compliance.
(e) If the attorney general seeks a court order under Subsection (2)(d), the court shall
grant the order unless the district attorney, county attorney, or law enforcement agency shows
good cause and a compelling interest for not complying with Subsection (2)(c).
(3) The attorney general:
(a) is a full-time employee of the state; and
(b) may not engage in the private practice of law.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.