H.B. 407 Litigation Transparency Act
Bill Sponsor: Rep. Anderegg, Jacob L. |
- Drafting Attorney: Esther Chelsea-McCarty
- Fiscal Analyst: Brian D. Fay
- Bill Text
- Introduced (Currently Displayed)
- Related Documents
- Information
- Last Action: 13 Mar 2014, House/ filed
- Last Location: House file for bills not passed
- Similar Bills
Introduced
Printer FriendlyH.B. 407
H.B. 407
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7 LONG TITLE
8 General Description:
9 This bill requires that a person that sues the state or a political subdivision disclose the
10 person's source of funding.
11 Highlighted Provisions:
12 This bill:
13 . allows the state or a political subdivision that is being sued to stop or delay a project
14 or the enforcement of a statute or ordinance to file a motion to uncover the source of
15 funding for the lawsuit;
16 . allows the motion to be filed at any time;
17 . sets a penalty for refusal to disclose; and
18 . sets a threshold funding requirement for disclosure.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 78B-5-829 , Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 78B-5-829 is enacted to read:
29 78B-5-829. Transparency in litigation funding.
30 (1) As used in this section:
31 (a) "Lawsuit" means an action against the state or a political subdivision of the state
32 that impacts the health, safety, or welfare of the citizens of the state or the political subdivision.
33 (b) "Third party entity" means a person, as defined in Section 68-3-12.5 , that provides
34 funding for a lawsuit against a state or a political subdivision of the state.
35 (2) A governing body or chief executive of the state or a political subdivision of the
36 state may, by resolution, request, from any person that has given notice that the person plans to
37 initiate a lawsuit against the state or a political subdivision of the state, disclosure of all third
38 party entities that have contributed 5% or more of the person's funding for the lawsuit.
39 (3) If a lawsuit is filed that attempts to delay or stop the state or a political subdivision
40 of the state from beginning or continuing a project or enforcing an ordinance or statute, and the
41 information requested in Subsection (2) has not been received by the state or a political
42 subdivision of the state, the state or a political subdivision of the state may file a motion with
43 the court requesting the information.
44 (4) The immediate effect of the motion shall be to stay the lawsuit until disclosure is
45 made, however, if the suit is regarding a construction project that has already begun, the project
46 may not be halted unless the court finds good cause to order stoppage.
47 (5) A plaintiff who fails to disclose the information requested may be held in contempt
48 by the court and subject to dismissal of the action. If an action is dismissed for failure to
49 disclose, the court may order the plaintiff to pay attorney fees and costs incurred by the state or
50 a political subdivision of the state.
51 (6) If there is more than one plaintiff and one or more of the plaintiffs refuses to
52 disclose the information, the plaintiffs refusing to disclose may be sanctioned by the court in
53 accordance with Subsection (5).
Legislative Review Note
as of 2-25-14 11:54 AM
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
2/26/2014 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
2/26/2014 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
2/26/2014 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
2/26/2014 | House/ received bill from Legislative Research | Clerk of the House | |
2/26/2014 | House/ 1st reading (Introduced) | House Rules Committee | |
2/28/2014 | LFA/ fiscal note sent to sponsor | House Rules Committee | |
2/28/2014 | LFA/ fiscal note publicly available | House Rules Committee | |
2/28/2014 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
3/3/2014 | House/ to standing committee | House Judiciary Committee | |
3/7/2014 | House Comm - Returned to Rules | House Judiciary Committee | 7 0 2 |
3/7/2014 | House/ comm rpt/ sent to Rules | House Judiciary Committee | |
3/7/2014 | House/ 2nd reading | House Rules Committee | |
3/13/2014 | House/ strike enacting clause | Clerk of the House | |
3/13/2014 | House/ filed | House file for bills not passed |
Committee Hearings/Floor Debate
- Committee Hearings