March 6, 2002--
A heated debate on both the Utah House and Senate floors resulted in the passing of a controversial bill involving the Legacy Highway.
Sam Penrod has more on that.
Lawmakers Wednesday passed a bill that would allow the state to sue groups that have filed a lawsuit to stop work on the Legacy Highway.
But those who are fighting the highway insist the bill is illegal.
Construction on the Legacy Highway has been on hold for several months now, after the 10th Circuit Court of Appeals issued an injuction, in response to a lawsuit filed by environmental groups.
Rep. Kevin Garn/House Majority Leader: "This lawsuit is holding up an important road in Davis County, 350,000 residents who need an alternative to I-15. This is impacting our economy and impacting the health and welfare of our citizens."
The delay is costing the state $100,000 a day, and prompted some Davis County lawmakers to try to recoup losses by enforcing financial responsibility to "Utahns for better Transportation."
Rep. Kevin Garn/House Majority Leader: "When a lawsuit is filed and holds up a project that is costing taxpayers millions of dollars a month, somebody needs to be held accountable for that, and that's what this bill is all about."
The bill does not prevent people or groups from filing lawsuits, but if they are unsuccessful, plaintiffs could be held liable for damages.
Sen. Terry Spencer/Davis County: "We've got to put an end to it, and those people who cause further delays in the project now will be held responsible, or could be held responsible by the state or private contractors working on the project."
Opponents of the Legacy Highway insist the bill is a scare tactic and keeps elected officials from being held accountable through the courts system.
Salt Lake Mayor Rocky Anderson, one of the plaintiffs in the Legacy Highway lawsuit, believes the bill is unconstitutional.
Rocky Anderson, Salt Lake Mayor: "This bill just doesn't cover frivilous claims, this covers any claims brought in good faith if the plaintiffs lose. It also doesn't provide for a two-way street. That is, what if the plaintiffs prevail? Is the state going to pay the plaintiffs for what the plaintiffs have gone through?"
The bill now goes to one of the biggest supporters of the Legacy Highway, Governor Leavitt, whose office says the bill will be reviewed before a decision is made on whether he will sign it into law.
A court hearing on the Legacy Highway lawsuit is scheduled for March 20th in Denver.
