Utah State Legislature

            (1) There is created a restricted account within the General Fund known as the "Litigation Account for Highway Projects."

            (2) The Litigation Account for Highway Projects consists of:

            (a) appropriations made to the restricted account by the Legislature;

            (b) transfers to the restricted account from highway project funds as approved by the Transportation Commission; and

            (c) any donations made to the restricted account.

            (3) (a) The state treasurer shall invest money in the restricted account according to Title 51, Chapter 7, State Money Management Act.

            (b) The Division of Finance shall deposit interest or other earnings derived from investment of restricted account money into the General Fund.

            (4) (a) Upon appropriation by the Legislature, the attorney general shall use money from the account to pay litigation expenses for defending legal actions filed against the state that challenge highway projects.

            (b) The Legislature intends that money in the account be appropriated for a project's litigation expenses before appropriating funds for litigation expenses from any other source.

            (5) The Division of Finance shall:

            (a) establish subaccounts within the restricted account to hold money appropriated by the Legislature for litigation expenses for different highway projects; and

            (b) apportion donations received equally among subaccounts unless the donor directs that the donation:

            (i) be used to defend a specific legal action; or

            (ii) be deposited into a specific subaccount.

            (6) When some or all of the money appropriated to fund litigation expenses for a particular highway project is not expended, the Legislature shall return the money to the donor.

Amended by Chapter 278, 2010 General Session