63C-4-103 - Creation of Constitutional Defense Restricted Account -- Sources of funds -- Uses of funds -- Reports. - Utah Statutes

63C-4-103. Creation of Constitutional Defense Restricted Account -- Sources offunds -- Uses of funds -- Reports.
(1) There is created a restricted account within the General Fund known as theConstitutional Defense Restricted Account.
(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 Constitutional Defense Council from other state agencies; and
(d) appropriations made by the Legislature.
(3) Funds in the account shall be nonlapsing.
(4) The account balance may not exceed $5,000,000.
(5) Subject to Subsection (6), the Legislature may annually appropriate money from theConstitutional Defense Restricted Account to one or more of the following:
(a) the Constitutional Defense Council to carry out its duties in Section 63C-4-102;
(b) the Public Lands Policy Coordinating Office to carry out its duties in Section63J-4-603;
(c) the Office of the Governor, to be used only for the purpose of asserting, defending, orlitigating state and local government rights under R.S. 2477, in accordance with a plan developedand approved as provided in Section 63C-4-104;
(d) a county or association of counties to assist counties, consistent with the purposes ofthe council, in pursuing issues affecting the counties; or
(e) the Office of the Attorney General, to be used only for:
(i) public lands counsel and assistance and litigation to the state or local governmentsincluding asserting, defending, or litigating state and local government rights under R.S. 2477 inaccordance with a plan developed and approved as provided in Section 63C-4-104; or
(ii) an action filed in accordance with Section 67-5-29.
(6) Money appropriated to the Constitutional Defense Restricted Account in accordancewith Subsection 53C-3-203(4)(a), if appropriated by the Legislature, may only be expended bythe agency to which it was appropriated to pay:
(a) the costs of an action filed in accordance with Section 67-5-29; and
(b) expenses associated with an action described in Subsection (6)(a).
(7) (a) The Constitutional Defense Council shall require that any entity that receivesmoney from the Constitutional Defense Restricted Account provide financial reports andlitigation reports to the Council.
(b) Nothing in this Subsection (7) prohibits the council from closing a meeting underTitle 52, Chapter 4, Open and Public Meetings Act, or prohibits the council from complying withTitle 63G, Chapter 2, Government Records Access and Management Act.

Amended by Chapter 262, 2010 General Session