63C-4a-402. Creation of Constitutional Defense Restricted Account — Sources of funds — Uses of funds — Reports.
| (1) |
There is created a restricted account within the General Fund known as the Constitutional Defense Restricted Account. |
Terms Used In Utah Code 63C-4a-402
| (2) |
The account consists of money from the following revenue sources:
| (a) |
money deposited to the account as required by Section 53C-3-203; |
| (b) |
voluntary contributions; |
| (c) |
money received by the council from other state agencies; and |
| (d) |
appropriations made by the Legislature. |
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| (3) |
The Legislature may annually appropriate money from the Constitutional Defense Restricted Account to one or more of the following:
| (a) |
the commission, to fund the commission and for the commission’s duties; |
| (b) |
the council, to fund the council and for the council’s duties; |
| (c) |
the Public Lands Policy Coordinating Office to carry out its duties in Section 63L-11-202; |
| (d) |
the Office of the Governor, to be used only for the purpose of asserting, defending, or litigating:
| (i) |
an issue arising with another state regarding the use or ownership of water; or |
| (ii) |
state and local government rights under R.S. 2477, in accordance with a plan developed and approved as provided in Section 63C-4a-403; |
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| (e) |
a county or association of counties to assist counties, consistent with the purposes of the council, in pursuing issues affecting the counties; |
| (f) |
the Office of the Attorney General, to be used only:
| (i) |
for public lands counsel and assistance and litigation to the state or local governments including asserting, defending, or litigating state and local government rights under R.S. 2477 in accordance with a plan developed and approved as provided in Section 63C-4a-403; |
| (ii) |
for an action filed in accordance with Section 67-5-29; |
| (iii) |
to advise the council; or |
| (iv) |
for asserting, defending, or litigating an issue arising with another state regarding the use or ownership of water; |
|
| (g) |
the Office of the Attorney General or any other state or local government entity to bring an action to establish the right of a state or local government officer or employee to enter onto federal land or use a federal road or an R.S. 2477 road, in the officer’s or employee’s official capacity, to protect the health, safety, or welfare of a citizen of the state; or |
| (h) |
the Office of Legislative Research and General Counsel, to provide staff support to the commission. |
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| (4) |
| (a) |
The council shall require that any entity, other than the commission, that receives money from the account provide financial reports and litigation reports to the council. |
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Amended by Chapter 382, 2021 General Session
