H.B. 114

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 4, 2009 at 11:45 AM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 13, 2009 at 11:43 AM by ddonat. --> 1

ABORTION LITIGATION TRUST ACCOUNT
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kenneth W. Sumsion
6 Senate Sponsor: Mark B. Madsen
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions of the Abortion Litigation Trust Account.
11 Highlighted Provisions:
12 This bill:
13 . defines the term, "account" as the Abortion Litigation Trust Account;
14 . provides that money may be deposited into the account H. [ , ] .H by private entities
14a H. [ or by the
15 Legislature, ] .H for the purpose of defending any law passed by the Legislature on or
16 after January 1, 2009, and on or before July 1, 2014, that H. :
16a . .H challenges the legal
17 concept that a woman has H. [ the ] a constitutional .H right to an abortion H. [ , even when the
17a woman is not
18 threatened with the loss of her life ] [ or ] [ , ] [ substantial and irreversible impairment of a
19 major bodily function ] [ , rape, or incest ] .H ; H. or
19a . places a restriction on the right to an abortion; .H
20 . provides that money remaining in the account on May 11, 2009 that is not used to
21 offset the monies expended by the state in connection with litigation regarding
22 Senate Bill 23, passed in the 1991 General Session, shall be used for the purpose
23 described in the preceding paragraph;
24 . provides that money in the account that is not used for the purposes described in this
25 bill shall be used by the Division of Child and Family Services, within the
26 Department of Human Services, for adoption assistance; and
27 . makes technical changes.

28 Monies Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 76-7-317.1, as last amended by Laws of Utah 2008, Chapter 382
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 76-7-317.1 is amended to read:
38 76-7-317.1. Abortion Litigation Trust Account.
39 (1) As used in this section, "account" means the Abortion Litigation Trust Account
40 created in this section.
41 [(1) (a)] (2) There is created in the General Fund a restricted account known as the
42 Abortion Litigation Trust Account. [All money received by the state from private sources for
43 litigation expenses connected with the defense of Senate Bill 23, passed in the 1991 Annual
44 General Session, shall be deposited in that account.]
45 [(b) On behalf of the Abortion Litigation Trust Account, the]
46 (3) The Division of Finance may accept H. , .H for deposit in the account H. [ :
47 (a) ] , .H grants, gifts, bequests, or any money made available from any private sources [to
48 implement this section.] for the purpose described in Subsection (4) H. [ ; and
49 (b) any money appropriated to the account by the Legislature ] .H .
50 (4) Except as provided in Subsection (9), money deposited into the account on or after
51 May 12, 2009, shall be retained in the account for the purpose of paying litigation and appellate
52 expenses of the Office of the Attorney General H. , including any court-ordered payment of
52a plaintiff's attorney fees, .H to defend any law passed by the Legislature on
53 or after January 1, 2009, that H. :
53a (a) .H challenges the legal concept that a woman has H. [ the ] a constitutional .H right
53b to an
54 abortion H. [ when the woman is not threatened with:
55 (a) the loss of her life; ] ; [ [ ] or [ ] ]
56 [ (b) substantial and irreversible impairment of a major bodily function H. ;
56a (c)rape; or
56b (d)incest .H ]
56c (b) places a restriction on the right to an abortion .H .
57 [(2)] (5) Money shall be appropriated by the Legislature from the account to the Office

58 of the Attorney General under Title 63J, Chapter 1, Budgetary Procedures Act.

59 [(3) The Abortion Litigation Trust Account]
60 (6) The account may be used only for costs, expenses, and [attorneys] attorney fees
61 connected with the defense of [the] an abortion law [identified] described in Subsection [(1)]
62 (4).
63 [(4)] (7) Any funds [remaining] in the [abortion litigation trust] account [after final
64 appellate procedures shall revert to the General Fund, to] on May 11, 2009, shall be first used
65 to offset the monies expended by the state in connection with litigation regarding Senate Bill
66 23[.], passed in the 1991 General Session.
67 (8) Any funds described in Subsection (7) that are not needed to offset the monies
68 expended by the state in connection with litigation regarding Senate Bill 23, passed in the 1991
69 General Session, shall be retained in the account for the purpose described in Subsection (4).
70 (9) (a) If the Legislature does not pass a law described in Subsection (4) on or before
71 July 1, 2014, the funds in the account shall be used by the Division of Child and Family
72 Services, within the Department of Human Services, for adoption assistance.
73 (b) If, on or before July 1, 2014, the Legislature passes a law described in Subsection
74 (4), any funds remaining in the account after the litigation and appellate expenses to defend the
75 law are paid shall be used by the Division of Child and Family Services, within the Department
76 of Human Services, for adoption assistance.




Legislative Review Note
as of 1-14-09 4:20 PM

Office of Legislative Research and General Counsel

*HB0114*