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H.B. 130

             1     

CONSTITUTIONAL DEFENSE COUNCIL

             2     
AMENDMENTS

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Dennis H. Iverson

             6      AN ACT RELATING TO THE CONSTITUTIONAL DEFENSE COUNCIL; APPROPRIATING
             7      MONIES FROM THE MINERAL LEASE ACCOUNT TO THE COUNCIL; MODIFYING
             8      COUNCIL MEMBERSHIP; MODIFYING COUNCIL MEETING REQUIREMENTS;
             9      MODIFYING COUNCIL DUTIES; CREATING THE CONSTITUTIONAL DEFENSE
             10      RESTRICTED ACCOUNT; AND MAKING TECHNICAL CORRECTIONS.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          59-21-2, as last amended by Chapter 258, Laws of Utah 1998
             14          63C-4-101, as last amended by Chapter 243, Laws of Utah 1996
             15          63C-4-102, as last amended by Chapter 171, Laws of Utah 1995
             16          67-5-1, as last amended by Chapter 198, Laws of Utah 1996
             17      ENACTS:
             18          63C-4-103, Utah Code Annotated 1953
             19      Be it enacted by the Legislature of the state of Utah:
             20          Section 1. Section 59-21-2 is amended to read:
             21           59-21-2. Mineral Bonus Account -- Allocation of monies from Mineral Lease
             22      Account.
             23          (1) (a) The Mineral Bonus Account is created within the General Fund.
             24          (b) All bonus money received by the state under Subsection 59-21-1 (3) shall be deposited
             25      in this account.
             26          (c) The Legislature shall appropriate from the Mineral Bonus Account in accordance with
             27      Section 35 of the Mineral Leasing Act of 1920, 30 U.S.C. Sec. 191.


             28          (d) The state treasurer shall:
             29          (i) invest the money in the Mineral Bonus Account by following the procedures and
             30      requirements of Title 51, Chapter 7, State Money Management Act; and
             31          (ii) deposit all interest or other earnings derived from the account into the Mineral Bonus
             32      Account.
             33          (2) The Legislature shall make appropriations from the Mineral Lease Account as provided
             34      in this Subsection (2).
             35          (a) In addition to the appropriation under Subsection (2)(b)(ii), the Legislature shall
             36      appropriate 32.5% of all deposits made to the Mineral Lease Account to the Permanent
             37      Community Impact Fund established by Section 9-4-303 .
             38          (b) (i) Except as provided in Subsection (2)(b)(ii), the Legislature shall appropriate 33.5%
             39      of all deposits made to the Mineral Lease Account to the Board of Regents for allocation to the
             40      state's institutions of higher education.
             41          (ii) (A) For the fiscal year beginning on July 1, 1996, and ending on June 30, 1997, the
             42      Legislature shall appropriate 20% of the mineral lease funds that would otherwise be appropriated
             43      to the Board of Regents under Subsection (2)(b)(i) to the Permanent Community Impact Fund.
             44          (B) For the fiscal year beginning on July 1, 1997, and ending on June 30, 1998, the
             45      Legislature shall appropriate 40% of the mineral lease funds that would otherwise be appropriated
             46      to the Board of Regents under Subsection (2)(b)(i) to the Permanent Community Impact Fund.
             47          (C) For fiscal years beginning on or after July 1, 1998, the Legislature shall annually
             48      appropriate as follows an additional 20% of the funds that would otherwise be appropriated to the
             49      Board of Regents under Subsection (2)(b)(i) until the Legislature appropriates 100% of the funds
             50      that would otherwise be appropriated to the Board of Regents:
             51          (I) the Legislature shall make an appropriation to the Department of Transportation as
             52      provided in Subsection (2)(f)(ii);
             53          (II) the Legislature shall make an appropriation to the Department of Community and
             54      Economic Development as provided in Subsection (2)(g);
             55          (III) the Legislature shall make the appropriations provided for in Subsection (2)(h); and
             56          (IV) the Legislature shall, after making the appropriations under Subsections
             57      (2)(b)(ii)[(B)](C)(I) through (III), appropriate the remainder of the funds that would otherwise be
             58      appropriated to the Board of Regents to the Permanent Community Impact Fund.


             59          (D) For fiscal years beginning on or after July 1, 1996, the Legislature shall appropriate
             60      an equivalent amount from the General Fund to the Board of Regents to replace the mineral lease
             61      monies the Board of Regents would have otherwise received under Subsection (2)(b)(i).
             62          (c) The Legislature shall appropriate 2.25% of all deposits made to the Mineral Lease
             63      Account to the State Board of Education, to be used for education research and experimentation
             64      in the use of staff and facilities designed to improve the quality of education in Utah.
             65          (d) The Legislature shall appropriate 2.25% of all deposits made to the Mineral Lease
             66      Account to the Utah Geological Survey, to be used for activities carried on by the survey having
             67      as a purpose the development and exploitation of natural resources in the state.
             68          (e) The Legislature shall appropriate 2.25% of all deposits made to the Mineral Lease
             69      Account to the Water Research Laboratory at Utah State University, to be used for activities
             70      carried on by the laboratory having as a purpose the development and exploitation of water
             71      resources in the state.
             72          (f) The Legislature shall appropriate the following percentages of all deposits made to the
             73      Mineral Lease Account to the Department of Transportation, to be distributed as follows for the
             74      purpose of constructing, repairing, and maintaining roads, or for other purposes authorized by
             75      statute:
             76          (i) the Legislature shall annually appropriate to the Department of Transportation 25% of
             77      all deposits made to the Mineral Lease Account to be distributed to special service districts within
             78      counties; and
             79          (ii) in addition to the appropriation under Subsection (2)(f)(i), the Legislature shall make
             80      the following appropriations from mineral lease funds that would be appropriated to the Board of
             81      Regents under Subsection (2)(b)(i) except for the appropriations provided in Subsection
             82      (2)(b)(ii)(C):
             83          (A) for the fiscal year beginning on July 1, 1998, and ending on June 30, 1999, the
             84      Legislature shall appropriate 5% of all deposits made to the Mineral Lease Account to the
             85      Department of Transportation to be distributed to special service districts within counties;
             86          (B) for the fiscal year beginning on July 1, 1999, and ending on June 30, 2000, the
             87      Legislature shall appropriate 10% of all deposits made to the Mineral Lease Account to the
             88      Department of Transportation to be distributed to special service districts within counties; and
             89          (C) for fiscal years beginning on or after July 1, 2000, the Legislature shall appropriate


             90      15% of all deposits made to the Mineral Lease Account to the Department of Transportation to be
             91      distributed to special service districts within counties.
             92          (g) (i) The Legislature shall appropriate the following percentages of all deposits made to
             93      the Mineral Lease Account to the Department of Community and Economic Development to be
             94      distributed as follows for the purpose of constructing, repairing, and maintaining roads, or for other
             95      purposes authorized by statute:
             96          (A) for the fiscal year beginning on July 1, 1998, and ending on June 30, 1999, the
             97      Legislature shall appropriate 2.5% of all deposits made to the Mineral Lease Account to the
             98      Department of Community and Economic Development to be distributed to special service districts
             99      within counties:
             100          (I) of the third, fourth, fifth, or sixth class;
             101          (II) in which 4.5% or less of the mineral lease moneys within the state are generated; and
             102          (III) that are significantly socially or economically impacted by the development of
             103      minerals under the Mineral Lands Leasing Act, 30 U.S.C. Sec. 191, as a result of either the
             104      transportation of hydrocarbons, including solid hydrocarbons as defined in Section 59-5-101 ,
             105      within the county, the employment in hydrocarbon extraction, including the extraction of solid
             106      hydrocarbons as defined in Section 59-5-101 , of persons residing within the county, or both; and
             107          (B) for fiscal years beginning on or after July 1, 1999, the Legislature shall appropriate 5%
             108      of all deposits made to the Mineral Lease Account to the Department of Community and Economic
             109      Development to be distributed to special service districts within counties meeting the requirements
             110      of Subsections (2)(g)(i)(A)(I) through (III).
             111          (ii) The executive director of the Department of Community and Economic Development:
             112          (A) shall determine whether a county meets the requirements of Subsections (2)(g)(i)(A)(I)
             113      through (III);
             114          (B) shall distribute the appropriations under Subsection (2)(g)(i) to special service districts
             115      within counties that meet the requirements of Subsections (2)(g)(i)(A)(I) through (III) as provided
             116      in Subsection (2)(g)(iii); and
             117          (C) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, may
             118      make rules:
             119          (I) providing a procedure for making the distributions under Subsection (2)(g)(ii)(B) to
             120      special service districts; and


             121          (II) defining the term "population" for purposes of Subsection (2)(g)(ii)(B).
             122          (iii) For purposes of distributing the appropriations under Subsection (2)(g)(i) to special
             123      service districts within counties, the Department of Community and Economic Development shall:
             124          (A) (I) allocate 50% of the appropriations equally among the counties meeting the
             125      requirements of Subsections (2)(g)(i)(A)(I) through (III); and
             126          (II) allocate 50% of the appropriations based on the ratio that the population of each county
             127      meeting the requirements of Subsections (2)(g)(i)(A)(I) through (III) bears to the total population
             128      of all of the counties meeting the requirements of Subsections (2)(g)(i)(A)(I) through (III); and
             129          (B) after making the allocations described in Subsection (2)(g)(iii)(A), distribute the
             130      allocated revenues to special service districts within the counties as determined by the executive
             131      director of the Department of Community and Economic Development after consulting with the
             132      county legislative bodies of the counties meeting the requirements of Subsection (2)(g)(i)(A)(I)
             133      through (III).
             134          (h) (i) Except as provided in Subsection (2)(h)(ii), the Legislature shall:
             135          (A) for the fiscal year beginning on July 1, 1999, and ending on June 30, 2000, appropriate
             136      3% of all deposits made to the Mineral Lease Account to the Constitutional Defense Restricted
             137      Account created in Section 63-C-4-103; and
             138          (B) for fiscal years beginning on or after July 1, 2000, appropriate 1% of all deposits made
             139      to the Mineral Lease Account to the Constitutional Defense Restricted Account created in Section
             140      63C-4-103 .
             141          (ii) If the appropriation required by Subsection (2)(h)(i) would cause the balance of the
             142      Constitutional Defense Restricted Account to exceed $1 million, the Legislature shall reduce the
             143      appropriation required by Subsection (2)(h)(i) so that the appropriation will cause the balance of
             144      the Constitutional Defense Restricted Account to be $1 million.
             145          [(h)] (i) The Legislature shall make the following appropriations from the Mineral Lease
             146      Account:
             147          (i) an amount equal to 52 cents multiplied by the number of acres of school or institutional
             148      trust lands, lands owned by the Division of Parks and Recreation, and lands owned by the Division
             149      of Wildlife Resources that are not under an in lieu of taxes contract, to each county in which those
             150      lands are located;
             151          (ii) to each county in which school or institutional trust lands are transferred to the federal


             152      government after December 31, 1992, an amount equal to the number of transferred acres in the
             153      county multiplied by a payment per acre equal to the difference between 52 cents per acre and the
             154      per acre payment made to that county in the most recent payment under the federal payment in lieu
             155      of taxes program, 31 U.S.C. Sec. 6901 or P.L. 97-258 as amended, unless the federal payment
             156      was equal to or exceeded the 52 cents per acre, in which case no payment shall be made for the
             157      transferred lands; and
             158          (iii) to each county in which federal lands, which are entitlement lands under the federal
             159      in lieu of taxes program, are transferred to the school or institutional trust, an amount equal to the
             160      number of transferred acres in the county multiplied by a payment per acre equal to the difference
             161      between the most recent per acre payment made under the federal payment in lieu of taxes program
             162      and 52 cents per acre, unless the federal payment was equal to or less than 52 cents per acre, in
             163      which case no payment shall be made for the transferred land.
             164          [(i)] (j) Beginning on July 1, 2000, the Legislature shall, after making the appropriations
             165      provided for in Subsections (2)(a) through [(h)] (i), appropriate the remainder of all deposits made
             166      to the Mineral Lease Account to the Permanent Community Impact Fund.
             167          (3) (a) Until July 1, 1999, the Board of Regents may not:
             168          (i) increase the total amount of federal mineral lease funds allocated during any fiscal year
             169      above the amount allocated during the last fiscal year more than the percentage increase in the
             170      Consumer Price Index published by the United States Department of Labor for the last calendar
             171      year; and
             172          (ii) increase the total amount allocated more than 10% above the amount allocated during
             173      the last fiscal year.
             174          (b) If the total amount of mineral lease funds allocated to a recipient agency or institution
             175      in any fiscal year is less than the total amount allocated for the last fiscal year, the allocation to that
             176      agency or institution for the next fiscal year shall be increased by the amount of the reduction
             177      before calculating and applying the percent limitation.
             178          (c) (i) Higher education institutions shall expend the federal mineral lease funds
             179      apportioned to them via institutional work programs.
             180          (ii) The Board of Regents may approve those programs only when it is satisfied that a
             181      majority of the funds will be expended for research, educational, or public service programs of
             182      benefit to subdivisions of the state that are socially or economically impacted by the development


             183      of minerals leased under the Mineral Lands Leasing Act in the planning, construction, and
             184      maintenance of public facilities, and the provision of public services.
             185          (d) (i) Except as provided in Subsection (3)(d)(ii), each institution of higher education is
             186      entitled to an amount of mineral lease funds equal to the proportion of the total amount available
             187      that the average number of full-time students enrolled during the preceding year at that institution
             188      bears to the total enrollment of all institutions.
             189          (ii) Enrollment at the University of Utah and Utah State University shall first be multiplied
             190      by 1.25 and that product shall constitute the enrollment of the University of Utah and Utah State
             191      University for the purposes of determining their proportionate allocation.
             192          (4) The federal mineral lease funds allocated to the Water Research Laboratory at Utah
             193      State University are in addition to any other money to which Utah State University is entitled under
             194      this section.
             195          (5) Federal mineral lease funds distributed by the Department of Transportation under
             196      Subsection (2)(f) shall be allocated to county special service districts in amounts proportionate to
             197      the amount of federal mineral lease money generated by the county in which a special service
             198      district is located.
             199          (6) (a) Each county receiving money under Subsection (2)[(h)](i) shall give the money to
             200      a school district or other special service district within the county.
             201          (b) Beginning in fiscal year 1994-95 and in each year thereafter, the amount per acre
             202      provided in Subsection (2)[(h)](i)(i) shall adjust to reflect changes in the rate of inflation as
             203      measured by the Consumer Price Index.
             204          (7) Each agency, board, institution of higher education, and political subdivision receiving
             205      money under this chapter shall provide the Legislature, through the Office of the Legislative Fiscal
             206      Analyst, with a complete accounting of the use of that money on an annual basis. This accounting
             207      shall:
             208          (a) include actual expenditures for the prior fiscal year, budgeted expenditures for the
             209      current fiscal year, and planned expenditures for the following fiscal year; and
             210          (b) be reviewed by the Economic Development and Human Resources Appropriation
             211      Subcommittee as part of its normal budgetary process under Title 63, Chapter 38, Budgetary
             212      Procedures Act.
             213          (8) All monies in or appropriated to the Targeted Allocation Fund shall be transferred to


             214      the Permanent Community Impact Fund.
             215          Section 2. Section 63C-4-101 is amended to read:
             216           63C-4-101. Creation of Constitutional Defense Council.
             217          (1) There is created the Constitutional Defense Council.
             218          (2) The defense council shall consist of the following [nine] seven members:
             219          (a) the governor who shall serve as chair of the council;
             220          [(b) the attorney general;]
             221          [(c)] (b) the president of the Senate or his designee;
             222          [(d)] (c) the speaker of the House or his designee;
             223          [(e)] (d) the minority leader of the Senate or his designee;
             224          [(f)] (e) the minority leader of the House or his designee; and
             225          [(g) three citizen members appointed by the governor.]
             226          [(3) (a) Except as required by Subsection (b), the three citizen members shall serve a
             227      four-year term beginning July 1, 1994.]
             228          [(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time
             229      of appointment or reappointment, adjust the length of terms to ensure that the terms of council
             230      members are staggered so that approximately half of the council is appointed every two years.]
             231          [(c) A citizen member is eligible for reappointment.]
             232          (f) two elected county commissioners from different counties who are selected by the Utah
             233      Association of Counties.
             234          [(4)] (3) When a vacancy occurs in the membership for any reason, the replacement shall
             235      be appointed for the unexpired term in the same manner as the original appointment.
             236          [(5)] (4) (a) The defense council shall meet at times at the call of the chair or any four
             237      members of the council.
             238          (b) A majority of the membership on the defense council is required for a quorum to
             239      conduct council business. A majority vote of the quorum is required for any action taken by the
             240      defense council.
             241          [(6)] (5) The [governor may designate staff from executive state agencies to serve as]
             242      Office of the Attorney General shall provide staff to the defense council.
             243          [(7) (a) (i) Members who are not government employees shall receive no compensation
             244      or benefits for their services, but may receive per diem and expenses incurred in the performance


             245      of the member's official duties at the rates established by the Division of Finance under Sections
             246      63A-3-106 and 63A-3-107 .]
             247          [(ii) Members may decline to receive per diem and expenses for their service.]
             248          [(b)] (6) (a) (i) State government officer and employee members who do not receive salary,
             249      per diem, or expenses from their agency for their service may receive per diem and expenses
             250      incurred in the performance of their official duties from the council at the rates established by the
             251      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             252          (ii) State government officer and employee members may decline to receive per diem and
             253      expenses for their service.
             254          (b) (i) Local government members who do not receive salary, per diem, or expenses from
             255      the entity that they represent for their service may receive per diem and expenses incurred in the
             256      performance of their official duties at the rates established by the Division of Finance under
             257      Sections 63A-3-106 and 63A-3-107 .
             258          (ii) Local government members may decline to receive per diem and expenses for their
             259      service.
             260          (c) Legislators on the committee shall receive compensation and expenses as provided by
             261      law and legislative rule.
             262          [(8)] (7) (a) The council shall be funded from the [following revenue sources:]
             263      Constitutional Defense Restricted Account created in Section 63C-4-103 .
             264          [(i) any voluntary contributions;]
             265          [(ii) monies received by the council from other state agencies; and]
             266          [(iii) appropriations made to the council by the Legislature.]
             267          [(b) All funding for the council shall be nonlapsing.]
             268          (b) Monies appropriated for or received by the council may be expended by the governor
             269      with the concurrence of the council.
             270          Section 3. Section 63C-4-102 is amended to read:
             271           63C-4-102. Duties.
             272          (1) The Constitutional Defense Council shall provide advice to the governor and to the
             273      Legislature on the following types of issues:
             274          (a) the constitutionality of unfunded federal mandates;
             275          (b) when making recommendations to challenge the federal mandates and regulations


             276      described in Subsections [(c)] (1)(e)(i) through (v), the rationale for and effectiveness of those
             277      federal mandates or regulations;
             278          (c) legal and policy issues surrounding state and local government rights under R.S. 2477;
             279      and
             280          (d) legal issues relating to the rights of the School and Institutional Trust Lands
             281      Administration and its beneficiaries; and
             282          [(c)] (e) the advisability, feasibility, estimated cost, and likelihood of success of
             283      challenging:
             284          (i) federal court rulings that hinder the management of the state's prison system and place
             285      undue financial hardship on the state's taxpayers;
             286          (ii) federal laws or regulations that reduce or negate water rights or the rights of owners
             287      of private property;
             288          (iii) conflicting federal regulations or policies in land management on federal land;
             289          (iv) federal intervention that would damage the state's mining, timber, and ranching
             290      industries; [and]
             291          (v) the authority of the Environmental Protection Agency and Congress to mandate local
             292      air quality standards and penalties; and
             293          (vi) other activities that are consistent with the purpose of the council.
             294          (2) The council chair may, with the concurrence of the council, require the attorney general
             295      or a designee to provide testimony on potential legal actions that would enhance the state's
             296      sovereignty or authority on issues affecting Utah and the well-being of its citizens.
             297          (3) The council chair may, with the concurrence of the council, direct the attorney general
             298      to initiate and prosecute any action that the council determines will further its purposes.
             299          (4) (a) (i) Subject to the provisions of this section, the council may select and employ
             300      attorneys to implement the purposes and duties of the council.
             301          (ii) The council chair may, with the concurrence of the council, direct any council attorney
             302      in any manner considered appropriate by the attorney general to best serve the purposes of the
             303      council.
             304          [(5)] (b) (i) The council shall meet with the attorney general annually and compile a list
             305      of no less than ten attorneys considered to be qualified to represent the council [pursuant to] under
             306      this section. [Only those named attorneys may be employed by the council.]


             307          (ii) The council may employ attorneys only from that list.
             308          [(6)] (c) The attorney general shall negotiate a contract for services with any attorney
             309      selected and approved for employment [pursuant to] under this section.
             310          [(7)] (5) The council chair shall, with the concurrence of the council, review and approve
             311      all claims for payments for legal services that are submitted by the council.
             312          [(8)] (6) Within five business days' notice, the council chair may, with the concurrence of
             313      the council, order the attorney general or an attorney employed by the council to cease work to be
             314      charged to the fund.
             315          [(9)] (7) The council shall submit a report on December 1 of each year to the speaker of
             316      the House of Representatives and the president of the Senate that summarizes the council's
             317      activities.
             318          Section 4. Section 63C-4-103 is enacted to read:
             319          63C-4-103. Creation of Constitutional Defense Restricted Account -- Sources of funds
             320      -- Uses of funds.
             321          (1) There is created a restricted account within the General Fund known as the
             322      Constitutional Defense Restricted Account.
             323          (2) The account consists of monies from the following revenue sources:
             324          (a) monies deposited to the fund from the Mineral Bonus Account as required by
             325      Subsection 59-21-2 (2);
             326          (b) voluntary contributions;
             327          (c) monies received by the Constitutional Defense Council from other state agencies; and
             328          (d) appropriations made by the Legislature.
             329          (3) Funds in the account shall be nonlapsing.
             330          (4) (a) The account shall earn interest.
             331          (b) All interest earned on account monies shall be deposited into the General Fund.
             332          (5) The account balance may not exceed $1 million.
             333          (6) The Legislature may annually appropriate monies from the Constitutional Defense
             334      Restricted Account to the Constitutional Defense Council to carry out its duties in Section
             335      63C-4-102 .
             336          Section 5. Section 67-5-1 is amended to read:
             337           67-5-1. General duties.


             338          The attorney general shall:
             339          (1) except as provided in Sections 10-3-928 and 17-18-1 , attend the Supreme Court and
             340      the Court of Appeals of this state, and all courts of the United States, and prosecute or defend all
             341      causes to which the state, or any officer, board, or commission of the state in an official capacity
             342      is a party; and take charge, as attorney, of all civil legal matters in which the state is interested;
             343          (2) when jointly agreed by the governor and the attorney general:
             344          (a) initiate legal proceedings in a court of competent jurisdiction on behalf of the state, or
             345      any officer, board, commission, agency, or instrumentality of the state for the purpose of opposing
             346      or challenging federal laws, regulations, or court orders and their impact on or applicability to the
             347      state; and
             348          (b) as the budget permits, retain outside legal counsel with appropriate expertise to
             349      represent the state in the legal proceedings;
             350          (3) after judgment on any cause referred to in Subsection (1), direct the issuance of process
             351      as necessary to execute the judgment;
             352          (4) account for, and pay over to the proper officer, all moneys which come into his
             353      possession, that belong to the state;
             354          (5) keep a file of all cases in which he is required to appear, including any documents and
             355      papers showing the court in which the cases have been instituted and tried, and whether they are
             356      civil or criminal, and:
             357          (a) if civil, the nature of the demand, the stage of proceedings, and when prosecuted to
             358      judgment, a memorandum of the judgment and of any process issued whether satisfied, and if not
             359      satisfied, the return of the sheriff;
             360          (b) if criminal, the nature of the crime, the mode of prosecution, the stage of proceedings,
             361      and when prosecuted to sentence, a memorandum of the sentence and of the execution, if the
             362      sentence has been executed, if not executed, of the reason of the delay or prevention; and
             363          (c) deliver this information to his successor in office;
             364          (6) exercise supervisory powers over the district and county attorneys of the state in all
             365      matters pertaining to the duties of their offices, and from time to time require of them reports of
             366      the condition of public business entrusted to their charge;
             367          (7) give his opinion in writing and without fee to the Legislature or either house, and to
             368      any state officer, board, or commission, and to any county attorney or district attorney, when


             369      required, upon any question of law relating to their respective offices;
             370          (8) when required by the public service or directed by the governor, assist any district or
             371      county attorney in the discharge of his duties;
             372          (9) purchase in the name of the state, under the direction of the state Board of Examiners,
             373      any property offered for sale under execution issued upon judgments in favor of or for the use of
             374      the state, and enter satisfaction in whole or in part of the judgments as the consideration of the
             375      purchases;
             376          (10) when the property of a judgment debtor in any judgment mentioned in Subsection (9)
             377      has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance taking
             378      precedence of the judgment in favor of the state, redeem the property, under the direction of the
             379      state Board of Examiners, from the prior judgment, lien, or encumbrance, and pay all money
             380      necessary for the redemption, upon the order of the state Board of Examiners, out of any money
             381      appropriated for these purposes;
             382          (11) when in his opinion it is necessary for the collection or enforcement of any judgment,
             383      institute and prosecute on behalf of the state any action or proceeding necessary to set aside and
             384      annul all conveyances fraudulently made by the judgment debtors, and pay the cost necessary to
             385      the prosecution, when allowed by the state Board of Examiners, out of any money not otherwise
             386      appropriated;
             387          (12) discharge the duties of a member of all official boards of which he is or may be made
             388      a member by the Utah Constitution or by the laws of the state, and other duties prescribed by law;
             389          (13) institute and prosecute proper proceedings in any court of the state or of the United
             390      States, to restrain and enjoin corporations organized under the laws of this or any other state or
             391      territory from acting illegally or in excess of their corporate powers or contrary to public policy,
             392      and in proper cases forfeit their corporate franchises, dissolve the corporations, and wind up their
             393      affairs;
             394          (14) institute investigations for the recovery of all real or personal property that may have
             395      escheated or should escheat to the state, and for that purpose he may cite any persons before any
             396      of the district courts to answer inquiries and render accounts concerning any property, may
             397      examine all books and papers of any corporations, and when any real or personal property is
             398      discovered that should escheat to the state, the attorney general shall institute suit in the district
             399      court of the county where the property is situated for its recovery, and escheat that property to the


             400      state;
             401          (15) administer the Children's Justice Center as a program to be implemented in various
             402      counties pursuant to Sections 67-5b-101 through 67-5b-107 ; and
             403          (16) assist the Constitutional Defense Council as provided in [Section 63C-4-102 ] Title
             404      63C, Chapter 4, Constitutional Defense Council.




Legislative Review Note
    as of 2-15-99 2:39 PM


This legislation raises the following constitutional or statutory concerns:

Federal law directs that, in allocating mineral lease monies, state legislatures shall give priority in
the allocation and use of funds to those subdivisions of the state socially or economically impacted
by development of minerals leased under the mineral leasing act for (1) planning; (2) construction
and maintenance of public facilities; and (3) provision of public services.

This bill would divert mineral lease monies to the Constitutional Defense Restricted Account to
be appropriated to the Constitutional Defense Council. This use of mineral lease monies may
violate federal law. The constitutionality of the bill could be challenged based on the Supremacy
Clause (Article VI, Section 2) of the United States Constitution.

Office of Legislative Research and General Counsel


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