63C-4a-404.  Creation of Public Lands Litigation Restricted Account — Sources of funds — Uses of funds — Reports.

(1)  There is created a restricted account within the General Fund known as the Public Lands Litigation Restricted Account.

Terms Used In Utah Code 63C-4a-404

  • Account: means the Constitutional Defense Restricted Account, created in Section 63C-4a-402. See Utah Code 63C-4a-102
  • Commission: means the Federalism Commission, created in Section 63C-4a-302. See Utah Code 63C-4a-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)  The account created in Subsection (1) consists of money from the following revenue sources:

(a)  money received by the commission from other state agencies; and

(b)  appropriations made by the Legislature.

(3)  The Legislature may annually appropriate money from the account for the purposes of asserting, defending, or litigating state and local government rights to the disposition and use of federal lands within the state as those rights are granted by the United States Constitution, the Utah Enabling Act, and other applicable law.

(4) 

(a)  Any entity that receives money from the account shall, before disbursing the money to another person for the purposes described in Subsection (3), or before spending the money appropriated, report to the commission regarding:

(i)  the amount of the disbursement;

(ii)  who will receive the disbursement; and

(iii)  the planned use for the disbursement.

(b)  The commission may, upon receiving the report under Subsection (4)(a):

(i)  advise the Legislature and the entity of the commission finding that the disbursement is consistent with the purposes in Subsection (3); or

(ii)  advise the Legislature and the entity of the commission finding that the disbursement is not consistent with the purposes in Subsection (3).

Renumbered and Amended by Chapter 246, 2019 General Session