76-10-3114.  Attorney General Litigation Fund.

(1) 

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Terms Used In Utah Code 76-10-3114

  • Attorney general: means the attorney general of the state or one of the attorney general's assistants. See Utah Code 76-10-3103
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  There is created an expendable special revenue fund known as the Attorney General Litigation Fund for the purpose of providing funds to pay for:

(i)  any costs and expenses incurred by the state attorney general in relation to actions under state or federal antitrust, criminal laws, or civil proceedings under Title 13, Chapter 44, Protection of Personal Information Act; and

(ii)  citizen education and outreach related to any item described in Subsection (1)(a)(i).

(b)  The funds described in Subsection (1)(a) are in addition to other funds as may be appropriated by the Legislature to the attorney general for the administration and enforcement of the laws of this state.

(c)  At the close of any fiscal year, any balance in the fund in excess of $4,000,000 shall be transferred to the General Fund.

(d)  The attorney general may expend money from the Attorney General Litigation Fund for the purposes in Subsection (1)(a).

(2) 

(a)  All money received by the state or its agencies by reason of any judgment, settlement, or compromise as the result of any action commenced, investigated, or prosecuted by the attorney general, after payment of any fines, restitution, payments, costs, or fees allocated by the court, shall be deposited in the Attorney General Litigation Fund, except as provided in Subsection (2)(b).

(b) 

(i)  Any expenses advanced by the attorney general in any of the actions under Subsection (1)(a) shall be credited to the Attorney General Litigation Fund.

(ii)  Any money recovered by the attorney general on behalf of any private person or public body other than the state shall be paid to those persons or bodies from funds remaining after payment of expenses under Subsection (2)(b)(i).

Amended by Chapter 348, 2019 General Session