S.B. 240

1

LITIGATION FUND RESTRICTED ACCOUNT
2 FOR HIGHWAY PROJECTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Sheldon L. Killpack
6 House Sponsor: John Dougall
7
8 LONG TITLE
9 General Description:
10 This bill creates a restricted account to be used to fund litigation expenses for highway
11 projects.
12 Highlighted Provisions:
13 This bill:
14 . creates a restricted account;
15 . establishes the account's revenue sources and use;
16 . authorizes the Division of Finance to:
17 . create subaccounts in the restricted account; and
18 . apportion interest and donations to the subaccounts;
19 . provides that monies not spent from the subaccounts be appropriated by the
20 Legislature to the LeRay McAllister Critical Land Conservation Fund; and
21 . creates an exception to the statutory cap on the LeRay McAllister Critical Land
22 Conservation Fund so that all of those appropriations can be deposited in the fund.
23 Monies Appropriated in this Bill:
24 This bill appropriates:
25 . $5,000,000 one-time to the Litigation Fund for Highway Projects Account.
26 Other Special Clauses:
27 This bill takes effect on July 1, 2007.

28 Utah Code Sections Affected:
29 AMENDS:
30 11-38-301, as last amended by Chapter 278, Laws of Utah 2006
31 ENACTS:
32 67-5-22, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 11-38-301 is amended to read:
36 11-38-301. LeRay McAllister Critical Land Conservation Fund.
37 (1) There is created a restricted special revenue fund entitled the "LeRay McAllister
38 Critical Land Conservation Fund," consisting of:
39 (a) money appropriated or otherwise made available by the Legislature;
40 (b) contributions of money, property, or equipment from federal agencies, political
41 subdivisions of the state, persons, or corporations; and
42 (c) proceeds that a department chooses to place into the fund from the sale of surplus
43 land under Subsection (2).
44 (2) The Department of Administrative Services, the Department of Agriculture and
45 Food, the Department of Natural Resources, and the Department of Transportation may place
46 proceeds from the sale of surplus land into the fund.
47 (3) [The] (a) Except as provided in Subsection (3)(b), the total amount of money in the
48 fund may not exceed $6,000,000.
49 (b) Monies deposited into the fund under the authority of Section 67-5-22 are not
50 subject to the cap established in Subsection (3)(a).
51 Section 2. Section 67-5-22 is enacted to read:
52 67-5-22. Litigation Fund for Highway Projects Account.
53 (1) There is created within the General Fund a restricted account known as the
54 Litigation Fund for Highway Projects Account.
55 (2) The Litigation Fund for Highway Projects Account consists of:
56 (a) appropriations made to the account by the Legislature;
57 (b) transfers to the account from highway project funds as approved by the
58 Transportation Commission;

59 (c) any donations made to the account; and
60 (d) interest on account monies.
61 (3) (a) Upon appropriation by the Legislature, the attorney general shall use monies
62 from the account to pay litigation expenses for defending legal actions filed against the state
63 that challenge highway projects.
64 (b) The Legislature intends that monies in the account be appropriated for a project's
65 litigation expenses before appropriating funds for litigation expenses from any other source.
66 (4) The Division of Finance shall:
67 (a) establish subaccounts within the Litigation Fund for Highway Projects Account to
68 hold monies appropriated by the Legislature for litigation expenses for different highway
69 projects;
70 (b) apportion donations received equally among subaccounts unless the donor directs
71 that the donation:
72 (i) be used to defend a specific legal action; or
73 (ii) be deposited into a specific subaccount; and
74 (c) apportion interest between subaccounts proportionally based upon the balance of
75 each subaccount.
76 (5) When some or all of the money appropriated to fund litigation expenses for a
77 particular highway project is not expended, the Legislature shall:
78 (a) appropriate those unused monies to the LeRay McAllister Critical Land
79 Conservation fund created by Section 11-38-301 ; or
80 (b) return the money to the donor.
81 Section 3. Appropriation.
82 There is appropriated from the General Fund for fiscal year 2007-08 only, $5,000,000
83 to the Litigation Fund for Highway Projects Account to capitalize the account.
84 Section 4. Effective date.
85 This bill takes effect on July 1, 2007.

Legislative Review Note
as of 1-30-07 2:01 PM

Office of Legislative Research and General Counsel