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H0218.....................................................by APPROPRIATIONS
ATTORNEY GENERAL - Amends, repeals and adds to existing law to provide
correct terminology; to delete reference to interaccount receipts; to
provide that funds may be expended pursuant to legislative appropriation;
to provide for an amount in the Consumer Protection Fund that shall be
transferred to the General Fund; to provide for deposit of moneys collected
by the Attorney General as trustee for distributions to injured consumers;
to provide that the Attorney General shall provide legal representations to
certain state entities; to provide that the Attorney General shall give
written opinions without fee to the Superintendent of Public Instruction;
to delete the requirement that the Attorney General give written opinions
without fee to the trustees or commissioners of state institutions; to
provide that written opinions of the Attorney General shall be given upon
the request of certain state agencies; to clarify which entities are
exempted from certain requirements relating to legal services contracts; to
provide that the Division of Financial Management shall prepare an estimate
of costs for services provided; and to provide that the Division of
Financial Management and the Legislative Services Office shall allow state
agencies to modify their budget requests in response to such cost
estimates.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 69-0-1
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone,
Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Callister
Floor Sponsor -- Clark
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Fin
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Cameron
Title apvd - to House
03/09 To enrol
03/12 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/19 Governor signed
Session Law Chapter 61
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 218
BY APPROPRIATIONS COMMITTEE
1 AN ACT
2 RELATING TO SERVICES PROVIDED BY STATE AGENCIES; AMENDING SECTION 48-606,
3 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO DELETE REFERENCE TO
4 INTERACCOUNT RECEIPTS, TO PROVIDE THAT FUNDS MAY BE EXPENDED PURSUANT TO
5 LEGISLATIVE APPROPRIATION, TO PROVIDE THAT AT THE BEGINNING OF EACH FISCAL
6 YEAR MONEYS IN THE CONSUMER PROTECTION FUND WHICH EXCEED THE CURRENT
7 YEAR'S APPROPRIATION PLUS ANY RESIDUAL ENCUMBRANCES MADE AGAINST PRIOR
8 YEARS' APPROPRIATIONS BY FIFTY PERCENT OR MORE SHALL BE TRANSFERRED TO THE
9 GENERAL FUND AND TO PROVIDE THAT ANY MONEYS COLLECTED BY THE ATTORNEY GEN-
10 ERAL AS TRUSTEE FOR DISTRIBUTIONS TO INJURED CONSUMERS SHALL BE DEPOSITED
11 IN THE STATE TREASURY UNTIL SUCH TIME AS PAYMENT IS MADE TO AN INDIVIDUAL
12 OR INDIVIDUALS FOR RESTITUTION PURPOSES OR PURSUANT TO A COURT APPROVED CY
13 PRES DISTRIBUTION; AMENDING SECTION 67-1401, IDAHO CODE, TO PROVIDE THAT
14 THE ATTORNEY GENERAL SHALL PROVIDE LEGAL REPRESENTATION TO CERTAIN ENUMER-
15 ATED STATE ENTITIES, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL GIVE WRIT-
16 TEN OPINIONS WITHOUT FEE TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION, TO
17 DELETE REQUIREMENT THAT THE ATTORNEY GENERAL GIVE WRITTEN OPINIONS WITHOUT
18 FEE TO THE TRUSTEES OR COMMISSIONERS OF STATE INSTITUTIONS AND TO PROVIDE
19 THAT WRITTEN OPINIONS OF THE ATTORNEY GENERAL SHALL BE GIVEN UPON REQUEST
20 BY CERTAIN STATE ENTITIES; AMENDING SECTION 67-1406, IDAHO CODE, TO CLAR-
21 IFY WHICH STATE ENTITIES MAY EMPLOY PRIVATE COUNSEL; REPEALING SECTION
22 67-1407, IDAHO CODE; AMENDING CHAPTER 14, TITLE 67, IDAHO CODE, BY THE
23 ADDITION OF A NEW SECTION 67-1407, IDAHO CODE, TO PROVIDE FOR THE ASSESS-
24 MENT OF FEES FOR CERTAIN SERVICES; AMENDING SECTION 67-1408, IDAHO CODE,
25 TO PROVIDE A CODE REFERENCE AND TO DELETE LANGUAGE RELATING TO ASSESSMENTS
26 AND APPROPRIATION REQUESTS FOR STATE LEGAL SERVICES; AMENDING SECTION
27 67-1409, IDAHO CODE, TO CLARIFY WHICH ENTITIES ARE EXEMPTED FROM CERTAIN
28 REQUIREMENTS RELATING TO LEGAL SERVICES CONTRACTS; AND AMENDING SECTION
29 67-3531, IDAHO CODE, TO PROVIDE THAT THE DIVISION OF FINANCIAL MANAGEMENT
30 SHALL PREPARE AN ESTIMATE OF COSTS FOR SERVICES PROVIDED BY CERTAIN STATE
31 SERVICE AGENCIES, TO PROVIDE THAT THE DIVISION OF FINANCIAL MANAGEMENT
32 SHALL NOTIFY STATE AGENCIES OF SUCH ESTIMATES BY NOVEMBER 1 AND TO PROVIDE
33 THAT THE DIVISION OF FINANCIAL MANAGEMENT AND THE LEGISLATIVE SERVICES
34 OFFICE SHALL ALLOW STATE AGENCIES TO MODIFY THEIR BUDGET REQUESTS IN
35 RESPONSE TO SUCH ESTIMATES.
36 Be It Enacted by the Legislature of the State of Idaho:
37 SECTION 1. That Section 48-606, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 48-606. PROCEEDINGS BY ATTORNEY GENERAL. (1) Whenever the attorney gen-
40 eral has reason to believe that any person is using, has used, or is about to
41 use any method, act or practice declared by this chapter to be unlawful, and
42 that proceedings would be in the public interest, he may bring an action in
43 the name of the state against such person:
2
1 (a) To obtain a declaratory judgment that a method, act or practice vio-
2 lates the provisions of this chapter;
3 (b) To enjoin any method, act or practice that violates the provisions of
4 this chapter by issuance of a temporary restraining order or preliminary
5 or permanent injunction, upon the giving of appropriate notice to that
6 person as provided by the Idaho rules of civil procedure;
7 (c) To recover on behalf of consumers actual damages or restitution of
8 money, property or other things received from such consumers in connection
9 with a violation of the provisions of this chapter;
10 (d) To order specific performance by the violator;
11 (e) To recover from the alleged violator civil penalties of up to five
12 thousand dollars ($5,000) per violation for violation of the provisions of
13 this chapter; and
14 (f) To recover from the alleged violator reasonable expenses, investiga-
15 tive costs and attorney's fees incurred by the attorney general.
16 (2) The action may be brought in the district court of the county in
17 which such person resides or has his principal place of business, or with con-
18 sent of the parties, may be brought in the district court of Ada county. If
19 the person does not reside in or have a principal place of business in this
20 state, the action may be brought in any district court in this state. The said
21 courts are authorized to issue temporary restraining orders or preliminary or
22 permanent injunctions to restrain and prevent violations of the provisions of
23 this chapter, and such injunctions shall be issued without bond.
24 (3) Unless the attorney general finds in writing that the purposes of
25 this chapter will be substantially and materially impaired by delay in insti-
26 tuting legal proceedings, he shall, before initiating any legal proceedings as
27 provided in this section, give notice in writing that such proceedings are
28 contemplated to the person against whom proceedings are contemplated and allow
29 such person a reasonable opportunity to appear before the attorney general and
30 execute an assurance of voluntary compliance or a consent judgment as in this
31 chapter provided.
32 (4) In lieu of instigating or continuing an action or proceeding, the
33 attorney general may accept a consent judgment with respect to any act or
34 practice alleged to be a violation of the provisions of this chapter, and it
35 may include a stipulation for the payment by such person of reasonable
36 expenses, investigative costs and attorney's fees incurred by the attorney
37 general. The consent judgment may also include a stipulation for civil penal-
38 ties to be paid, not in excess of five thousand dollars ($5,000) per alleged
39 violation; a stipulation to pay to consumers actual damages or to allow for
40 restitution of money, property or other things received from such consumers in
41 connection with a violation of the provisions of this chapter; and/or a stipu-
42 lation for specific performance. Before any consent judgment entered into pur-
43 suant to this section shall be effective, it must be approved by the district
44 court and an entry made thereof in the manner required for making an entry of
45 judgment. Once such approval is received, any breach of the conditions of such
46 consent judgment shall be treated as a violation of a court order, and shall
47 be subject to all penalties provided by law therefor, including the penalties
48 set forth in section 48-615, Idaho Code.
49 (5) All penalties, costs and fees recovered by the attorney general shall
50 be remitted to the consumer protection account fund which is hereby created in
51 the state operating fund treasury. Moneys in the account shall be treated as
52 interaccount receipts and fund may be expended pursuant to interaccount legis-
53 lative appropriation and shall be used for the furtherance of the attorney
54 general's duties and activities under this chapter. At the beginning of each
55 fiscal year, those moneys in the consumer protection fund which exceed the
3
1 current year's appropriation plus any residual encumbrances made against prior
2 years' appropriations by fifty percent (50%) or more shall be transferred to
3 the general fund.
4 (6) Any moneys collected by the attorney general as trustee for distribu-
5 tions to injured consumers shall be deposited in the state treasury until such
6 time as payment is made to an individual or individuals for purposes of resti-
7 tution or pursuant to a court approved cy pres distribution.
8 SECTION 2. That Section 67-1401, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-1401. DUTIES OF ATTORNEY GENERAL. Except as otherwise provided in this
11 chapter, it is the duty of the attorney general:
12 1. To perform all legal services for the state and to represent the state
13 and all departments, agencies, offices, officers, boards, commissions, insti-
14 tutions and other state entities, in all courts and before all administrative
15 tribunals or bodies of any nature. Provided however, that such rRepresentation
16 shall be for the legislative, and judicial branches, the governor, those state
17 entities within the department of self-governing agencies, colleges and uni-
18 versities, only upon request provided to those entities exempted pursuant to
19 the provisions of section 67-1406, Idaho Code. Whenever required to attend
20 upon any court or administrative tribunal the attorney general shall be
21 allowed necessary and actual expenses, all claims for which shall be audited
22 by the state board of examiners.
23 2. To advise all departments, agencies, offices, officers, boards, com-
24 missions, institutions and other state entities in all matters involving ques-
25 tions of law.
26 3. After judgment in any of the causes referred to in the first subdivi-
27 sion, to direct the issuing of such process as may be necessary to carry the
28 same into execution.
29 4. To account for and pay over to the proper officer all moneys received
30 which belong to the state.
31 5. To supervise nonprofit corporations, corporations, charitable or
32 benevolent societies, person or persons holding property subject to any public
33 or charitable trust and to enforce whenever necessary any noncompliance or
34 departure from the general purpose of such trust and, in order to accomplish
35 such purpose, said nonprofit corporations, corporations, charitable or benevo-
36 lent societies, person or persons holding property subject to any public or
37 charitable trust are subject at all times to examination by the attorney gen-
38 eral, on behalf of the state, to ascertain the condition of its affairs and to
39 what extent, if at all, said trustee or trustees may have failed to comply
40 with trusts said trustee or trustees have assumed or may have departed from
41 the general purpose for which it was formed. In case of any such failure or
42 departure, the attorney general shall institute, in the name of the state, any
43 proceeding necessary to enforce compliance with the terms of the trust or any
44 departure therefrom.
45 6. To give an opinion in writing, without fee, to the legislature or
46 either house thereof, or any senator or representative, and to the governor,
47 secretary of state, treasurer, state controller, and the trustees or commis-
48 sioners of state institutions superintendent of public instruction, when
49 required requested, upon any question of law relating to their respective
50 offices. The attorney general shall keep a record of all written opinions ren-
51 dered by the office and such opinions shall be compiled annually and made
52 available for public inspection. All costs incurred in the preparation of said
53 opinions shall be borne by the office of the attorney general. A copy of the
4
1 opinions shall be furnished to the supreme court and to the state librarian.
2 7. When required by the public service, to repair to any county in the
3 state and assist the prosecuting attorney thereof in the discharge of duties.
4 8. To bid upon and purchase, when necessary, in the name of the state,
5 and under the direction of the state controller, any property offered for sale
6 under execution issued upon judgments in favor of or for the use of the state,
7 and to enter satisfaction in whole or in part of such judgments as the consid-
8 eration for such purchases.
9 9. Whenever the property of a judgment debtor in any judgment mentioned
10 in the preceding subdivision has been sold under a prior judgment, or is sub-
11 ject to any judgment, lien, or encumbrance, taking precedence of the judgment
12 in favor of the state, under the direction of the state controller, to redeem
13 such property from such prior judgment, lien, or encumbrance; and all sums of
14 money necessary for such redemption must, upon the order of the board of exam-
15 iners, be paid out of any money appropriated for such purposes.
16 10. When necessary for the collection or enforcement of any judgment here-
17 inbefore mentioned, to institute and prosecute, in behalf of the state, such
18 suits or other proceedings as may be necessary to set aside and annul all con-
19 veyances fraudulently made by such judgment debtors; the cost necessary to the
20 prosecution must, when allowed by the board of examiners, be paid out of any
21 appropriations for the prosecution of delinquents.
22 11. To exercise all the common law power and authority usually appertain-
23 ing to the office and to discharge the other duties prescribed by law.
24 12. To report to the governor, at the time required by this code, the con-
25 dition of the affairs of the attorney general's office and of the reports
26 received from prosecuting attorneys.
27 13. To appoint deputy attorneys general and special deputy attorneys gen-
28 eral and other necessary staff to assist in the performance of the duties of
29 the office. Such deputies and staff shall be nonclassified employees within
30 the meaning of section 67-5302, Idaho Code.
31 SECTION 3. That Section 67-1406, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 67-1406. EMPLOYMENT OF ATTORNEYS RESTRICTED -- EXEMPTIONS. Notwithstand-
34 ing any other provision of law to the contrary, no department, agency, office,
35 officers, board, commission, institution or other state entity shall be repre-
36 sented by or obtain its legal advice from an attorney at law other than the
37 attorney general except as follows:
38 (1) The legislative and judicial branches of government and the governor
39 may employ attorneys other than those under the supervision of the attorney
40 general, and such attorneys may appear in any court. However, such entities
41 may, upon request, utilize the attorney general's legal services.
42 (2) Those sState entities within the department of self-governing agen-
43 cies which are enumerated in sections 67-2601(2)(a), 67-2601(2)(b) and
44 67-2601(3), Idaho Code, and colleges and universities, may employ private
45 counsel to advise them and represent them before courts of the state of Idaho.
46 Such entities may also obtain legal services from the attorney general on such
47 terms as the parties may agree.
48 (3) Whenever the attorney general determines that it is necessary or
49 appropriate in the public interest, the attorney general may authorize con-
50 tracts for legal services pursuant to the provisions of section 67-1409, Idaho
51 Code.
52 (4) The provisions of section 67-1401, Idaho Code, shall govern the nor-
53 mal relationship between the attorney general and the state entities in the
5
1 executive branch of state government. However, if after consultation with the
2 attorney general, the governor determines in his sole judgment, which shall
3 not be subject to judicial review, that counsel assigned to represent or give
4 legal advice to any state entity, other than the lieutenant governor, state
5 controller, state treasurer, secretary of state, attorney general, and the
6 superintendent of public instruction, cannot effectively advocate or pursue
7 the policies of the governor, the governor shall request that other counsel be
8 provided by the attorney general, and the attorney general shall provide from
9 within the office of the attorney general or obtain from outside the office of
10 the attorney general, depending upon the request of the governor, qualified
11 counsel acceptable to the governor to represent such state entity.
12 (5) Any separate counsel employed pursuant to the foregoing exceptions
13 shall be compensated with funds appropriated to such state entity, unless such
14 separate counsel shall have been employed at the request or convenience of the
15 attorney general or because of a conflict in representation by the attorney
16 general.
17 SECTION 4. That Section 67-1407, Idaho Code, be, and the same is hereby
18 repealed.
19 SECTION 5. That Chapter 14, Title 67, Idaho Code, be, and the same is
20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
21 ignated as Section 67-1407, Idaho Code, and to read as follows:
22 67-1407. FEES ASSESSED FOR SERVICES. In conjunction with the attorney
23 general, the division of financial management shall determine on or before
24 November 1 of each year an amount to be billed to state entities for purposes
25 of carrying out the provisions of this title. Such amount shall be paid by
26 each state entity in the succeeding fiscal year to the indirect cost recovery
27 fund. Before June 30 of each fiscal year, the state controller shall transfer
28 an amount equal to such deposits to the state general fund.
29 SECTION 6. That Section 67-1408, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-1408. BILLING OF STATE ENTITIES FOR LEGAL SERVICES. -- APPROPRIATION
32 REQUESTS FOR GENERAL STATE LEGAL SERVICES. The attorney general, in rendering
33 assistance to the departments, agencies, offices, officers, boards, commis-
34 sions, institutions and other state entities, shall charge for all costs of
35 such assistance as determined pursuant to section 67-1407, Idaho Code, includ-
36 ing, but not limited to, salaries of attorneys, paralegals, administrative,
37 clerical and other personnel, investigative services, independent contractors,
38 operating expenses and capital outlay expenses of the office of the attorney
39 general. Whenever the attorney general determines that it would be beneficial
40 to physically locate attorneys within an agency, the attorney general and
41 agency may enter into an agreement defining which operating, capital or other
42 expenses will be paid by the attorney general and which expenses will be paid
43 by the agency.
44 On or before August 15 of each year, the attorney general shall estimate
45 the legal service expenses that will be incurred by the office of the attorney
46 general during the succeeding fiscal year and shall notify all state entities
47 that receive legal services of their estimated share of such expenses for the
48 succeeding fiscal year. The estimated amount shall be paid by each state
49 entity in the succeeding fiscal year to the state legal services fund unless
50 the legislature, by appropriation or otherwise, adjusts the charge. On or
6
1 before August 15 of each year, the attorney general shall notify the legisla-
2 tive services office and the division of financial management of the office of
3 the governor regarding the amount of the charge to each state entity and also
4 the amount of the general fund budget request for statewide legal services
5 provided to the state. The attorney general shall manage the attorney
6 general's office to provide unified legal services based upon the legal needs
7 of the state. For this purpose the attorney general may, during any fiscal
8 year, assign personnel based upon the legal needs existing regardless of the
9 source of funding therefor.
10 SECTION 7. That Section 67-1409, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-1409. CONTRACTS FOR LEGAL SERVICES. (1) The attorney general shall
13 determine which legal services can most efficiently and effectively be pro-
14 vided by the attorney general's staff and which legal services can most effi-
15 ciently and effectively be provided by contract. The attorney general shall
16 develop application forms and requests for proposals utilizing generally
17 accepted cost containment considerations, for those attorneys desiring to per-
18 form contract legal services for the state. Based upon the responses received,
19 the attorney general shall recommend to the state board of examiners which
20 attorneys or firms should be authorized to represent the state. The state
21 board of examiners shall consider the recommendations made by the attorney
22 general and shall determine which attorneys or firms so recommended are autho-
23 rized to contract to provide legal services for the state, and the type or
24 types of legal services they are authorized to provide. In determining which
25 attorneys shall be authorized for particular types of services, the board of
26 examiners shall select attorneys who, in the board's judgment can best provide
27 quality legal services for the state entities at an acceptable cost. The
28 determinations of the board of examiners shall not be subject to judicial
29 review. Whenever the attorney general determines that an immediate appointment
30 of a special deputy attorney general would be in the best interests of the
31 state of Idaho, the attorney general may enter into an agreement with an
32 attorney or firm to provide legal services for the state.
33 (2) The performance of all contracts for legal services shall be moni-
34 tored and supervised by the attorney general or his designee, and any payments
35 pursuant to such contracts must be approved by the attorney general. This pro-
36 vision shall not apply to contracts for legal services entered into by the
37 legislative and judicial branches of state government and the governor and
38 state entities within the department of self-governing agencies, colleges, and
39 universities those entities exempted by section 67-1406, Idaho Code.
40 SECTION 8. That Section 67-3531, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 67-3531. ANNUAL STATEWIDE INDIRECT COST ALLOCATION PLAN. (1) The division
43 of financial management shall develop an annual statewide indirect cost allo-
44 cation plan in accordance with circular A-87 of the federal office of manage-
45 ment and budget. The central service costs of the various central service
46 agencies shall be allocated annually to the recipient state agencies, and such
47 central service costs shall be included in an agency's indirect cost plans for
48 the purpose of determining an indirect cost rate with the cognizant federal
49 agency, and shall be included in an agency's federal grant application.
50 (2) In conjunction with the respective state service agency, the division
51 of financial management shall prepare an estimate of costs for state budgeting
7
1 purposes for services provided by the attorney general, the state treasurer
2 and the state controller. The division of financial management shall notify
3 all state agencies of these cost estimates for the next fiscal year on or
4 before November 1. The division of financial management and the legislative
5 services office shall allow state agencies to modify their budget requests in
6 response to such estimates.
7 (3) The division of financial management shall assess each recipient
8 agency up to one hundred percent (100%) of the amounts allocated in the state-
9 wide cost allocation plan. Amounts so assessed shall be separately accounted
10 for and can be expended only after legislative appropriation.
STATEMENT OF PURPOSE
RS 11006
The purpose of this bill is to change the methodology of budgeting
for the Office of the Attorney General. At the present time, the
Office of the Attorney General develops billing estimates each
year based upon budgeting guidelines promulgated in the State
Budget Development Manual. It is not until the Joint Finance-
Appropriations Committee sets the appropriation for the Attorney
General that the "actual" billing level can be determined. By
this time many of the other state agency budgets have already
been set, and it is inefficient to constantly reconsider single
appropriation bills to add funding for these additional fees.
With these proposed changes, state agencies will be billed on
their actual usage of legal services rather than at a projected
level. For example, in FY 2002, agencies will be billed for the
actual level of services delivered in FY 2000. In the future, the
Division of Financial Management will be responsible to prepare
an estimate of costs for state budgeting purposes with the
Attorney General, State Controller, and the State Treasurer for
all service fees using statewide cost allocation methods. This
will allow for more certainty in the appropriations process.
This legislation also does away with the State Legal Services
Fund and future appropriations for the Attorney General will be
directly from the General Fund. Agencies will continue to be
billed for legal services with the receipts going directly to the
General Fund. Funding for educational services will continue to
be appropriated from the Consumer Protection Fund, and excess
receipts in the Consumer Protection Fund will transfer to the
General Fund at the end of each fiscal year.
FISCAL IMPACT
The fiscal impact of this legislation is neutral.
In the past, legal services fees were sent directly to the Office
of the Attorney General and spent
under an appropriation from the Legal Services Fund. Under this
proposal, they will go instead to the
General Fund. The Office of the Attorney General
will be subject to an appropriation from the General Fund rather
than an appropriation from receipts.
CONTACT:
Name: Representative Jim Clark or
Cathy Holland-Smith, Budget & Policy Analysis
Phone: 334-3531
Statement of Purpose/Fiscal Impact H 218