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First Substitute H.B. 130
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5 AN ACT RELATING TO THE CONSTITUTIONAL DEFENSE COUNCIL; APPROPRIATING
6 MONIES FROM THE MINERAL LEASE ACCOUNT TO THE COUNCIL; MODIFYING
7 COUNCIL MEMBERSHIP; MODIFYING COUNCIL MEETING REQUIREMENTS;
8 MODIFYING COUNCIL DUTIES; CREATING THE CONSTITUTIONAL DEFENSE
9 RESTRICTED ACCOUNT; AND MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 59-21-2, as last amended by Chapter 258, Laws of Utah 1998
13 63C-4-101, as last amended by Chapter 243, Laws of Utah 1996
14 63C-4-102, as last amended by Chapter 171, Laws of Utah 1995
15 67-5-1, as last amended by Chapter 198, Laws of Utah 1996
16 ENACTS:
17 63C-4-103, Utah Code Annotated 1953
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 59-21-2 is amended to read:
20 59-21-2. Mineral Bonus Account -- Allocation of monies from Mineral Lease
21 Account.
22 (1) (a) The Mineral Bonus Account is created within the General Fund.
23 (b) All bonus money received by the state under Subsection 59-21-1 (3) shall be deposited
24 in this account.
25 (c) The Legislature shall appropriate from the Mineral Bonus Account in accordance with
26 Section 35 of the Mineral Leasing Act of 1920, 30 U.S.C. Sec. 191.
27 (d) The state treasurer shall:
28 (i) invest the money in the Mineral Bonus Account by following the procedures and
29 requirements of Title 51, Chapter 7, State Money Management Act; and
30 (ii) deposit all interest or other earnings derived from the account into the Mineral Bonus
31 Account.
32 (2) The Legislature shall make appropriations from the Mineral Lease Account as provided
33 in this Subsection (2).
34 (a) In addition to the appropriation under Subsection (2)(b)(ii), the Legislature shall
35 appropriate 32.5% of all deposits made to the Mineral Lease Account to the Permanent
36 Community Impact Fund established by Section 9-4-303 .
37 (b) (i) Except as provided in Subsection (2)(b)(ii), the Legislature shall appropriate 33.5%
38 of all deposits made to the Mineral Lease Account to the Board of Regents for allocation to the
39 state's institutions of higher education.
40 (ii) (A) For the fiscal year beginning on July 1, 1996, and ending on June 30, 1997, the
41 Legislature shall appropriate 20% of the mineral lease funds that would otherwise be appropriated
42 to the Board of Regents under Subsection (2)(b)(i) to the Permanent Community Impact Fund.
43 (B) For the fiscal year beginning on July 1, 1997, and ending on June 30, 1998, the
44 Legislature shall appropriate 40% of the mineral lease funds that would otherwise be appropriated
45 to the Board of Regents under Subsection (2)(b)(i) to the Permanent Community Impact Fund.
46 (C) For fiscal years beginning on or after July 1, 1998, the Legislature shall annually
47 appropriate as follows an additional 20% of the funds that would otherwise be appropriated to the
48 Board of Regents under Subsection (2)(b)(i) until the Legislature appropriates 100% of the funds
49 that would otherwise be appropriated to the Board of Regents:
50 (I) the Legislature shall make an appropriation to the Department of Transportation as
51 provided in Subsection (2)(f)(ii);
52 (II) the Legislature shall make an appropriation to the Department of Community and
53 Economic Development as provided in Subsection (2)(g);
54 (III) the Legislature shall make the appropriations provided for in Subsection (2)(h); and
55 (IV) the Legislature shall, after making the appropriations under Subsections
56 (2)(b)(ii)[
57 appropriated to the Board of Regents to the Permanent Community Impact Fund.
58 (D) For fiscal years beginning on or after July 1, 1996, the Legislature shall appropriate
59 an equivalent amount from the General Fund to the Board of Regents to replace the mineral lease
60 monies the Board of Regents would have otherwise received under Subsection (2)(b)(i).
61 (c) The Legislature shall appropriate 2.25% of all deposits made to the Mineral Lease
62 Account to the State Board of Education, to be used for education research and experimentation
63 in the use of staff and facilities designed to improve the quality of education in Utah.
64 (d) The Legislature shall appropriate 2.25% of all deposits made to the Mineral Lease
65 Account to the Utah Geological Survey, to be used for activities carried on by the survey having
66 as a purpose the development and exploitation of natural resources in the state.
67 (e) The Legislature shall appropriate 2.25% of all deposits made to the Mineral Lease
68 Account to the Water Research Laboratory at Utah State University, to be used for activities
69 carried on by the laboratory having as a purpose the development and exploitation of water
70 resources in the state.
71 (f) The Legislature shall appropriate the following percentages of all deposits made to the
72 Mineral Lease Account to the Department of Transportation, to be distributed as follows for the
73 purpose of constructing, repairing, and maintaining roads, or for other purposes authorized by
74 statute:
75 (i) the Legislature shall annually appropriate to the Department of Transportation 25% of
76 all deposits made to the Mineral Lease Account to be distributed to special service districts within
77 counties; and
78 (ii) in addition to the appropriation under Subsection (2)(f)(i), the Legislature shall make
79 the following appropriations from mineral lease funds that would be appropriated to the Board of
80 Regents under Subsection (2)(b)(i) except for the appropriations provided in Subsection
81 (2)(b)(ii)(C):
82 (A) for the fiscal year beginning on July 1, 1998, and ending on June 30, 1999, the
83 Legislature shall appropriate 5% of all deposits made to the Mineral Lease Account to the
84 Department of Transportation to be distributed to special service districts within counties;
85 (B) for the fiscal year beginning on July 1, 1999, and ending on June 30, 2000, the
86 Legislature shall appropriate 10% of all deposits made to the Mineral Lease Account to the
87 Department of Transportation to be distributed to special service districts within counties; and
88 (C) for fiscal years beginning on or after July 1, 2000, the Legislature shall appropriate
89 15% of all deposits made to the Mineral Lease Account to the Department of Transportation to be
90 distributed to special service districts within counties.
91 (g) (i) The Legislature shall appropriate the following percentages of all deposits made to
92 the Mineral Lease Account to the Department of Community and Economic Development to be
93 distributed as follows for the purpose of constructing, repairing, and maintaining roads, or for other
94 purposes authorized by statute:
95 (A) for the fiscal year beginning on July 1, 1998, and ending on June 30, 1999, the
96 Legislature shall appropriate 2.5% of all deposits made to the Mineral Lease Account to the
97 Department of Community and Economic Development to be distributed to special service districts
98 within counties:
99 (I) of the third, fourth, fifth, or sixth class;
100 (II) in which 4.5% or less of the mineral lease moneys within the state are generated; and
101 (III) that are significantly socially or economically impacted by the development of
102 minerals under the Mineral Lands Leasing Act, 30 U.S.C. Sec. 191, as a result of either the
103 transportation of hydrocarbons, including solid hydrocarbons as defined in Section 59-5-101 ,
104 within the county, the employment in hydrocarbon extraction, including the extraction of solid
105 hydrocarbons as defined in Section 59-5-101 , of persons residing within the county, or both; and
106 (B) for fiscal years beginning on or after July 1, 1999, the Legislature shall appropriate 5%
107 of all deposits made to the Mineral Lease Account to the Department of Community and Economic
108 Development to be distributed to special service districts within counties meeting the requirements
109 of Subsections (2)(g)(i)(A)(I) through (III).
110 (ii) The executive director of the Department of Community and Economic Development:
111 (A) shall determine whether a county meets the requirements of Subsections (2)(g)(i)(A)(I)
112 through (III);
113 (B) shall distribute the appropriations under Subsection (2)(g)(i) to special service districts
114 within counties that meet the requirements of Subsections (2)(g)(i)(A)(I) through (III) as provided
115 in Subsection (2)(g)(iii); and
116 (C) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, may
117 make rules:
118 (I) providing a procedure for making the distributions under Subsection (2)(g)(ii)(B) to
119 special service districts; and
120 (II) defining the term "population" for purposes of Subsection (2)(g)(ii)(B).
121 (iii) For purposes of distributing the appropriations under Subsection (2)(g)(i) to special
122 service districts within counties, the Department of Community and Economic Development shall:
123 (A) (I) allocate 50% of the appropriations equally among the counties meeting the
124 requirements of Subsections (2)(g)(i)(A)(I) through (III); and
125 (II) allocate 50% of the appropriations based on the ratio that the population of each county
126 meeting the requirements of Subsections (2)(g)(i)(A)(I) through (III) bears to the total population
127 of all of the counties meeting the requirements of Subsections (2)(g)(i)(A)(I) through (III); and
128 (B) after making the allocations described in Subsection (2)(g)(iii)(A), distribute the
129 allocated revenues to special service districts within the counties as determined by the executive
130 director of the Department of Community and Economic Development after consulting with the
131 county legislative bodies of the counties meeting the requirements of Subsection (2)(g)(i)(A)(I)
132 through (III).
133 (h) (i) Except as provided in Subsection (2)(h)(ii), the Legislature shall:
134 (A) for the fiscal year beginning on July 1, 1999, and ending on June 30, 2000, appropriate
135 3% of all deposits made to the Mineral Lease Account to the Constitutional Defense Restricted
136 Account created in Section 63-C-4-103; and
137 (B) for fiscal years beginning on or after July 1, 2000, appropriate 1% of all deposits made
138 to the Mineral Lease Account to the Constitutional Defense Restricted Account created in Section
139 63C-4-103 .
140 (ii) If the appropriation required by Subsection (2)(h)(i) would cause the balance of the
141 Constitutional Defense Restricted Account to exceed $1 million, the Legislature shall reduce the
142 appropriation required by Subsection (2)(h)(i) so that the appropriation will cause the balance of
143 the Constitutional Defense Restricted Account to be $1 million.
144 [
145 Account:
146 (i) an amount equal to 52 cents multiplied by the number of acres of school or institutional
147 trust lands, lands owned by the Division of Parks and Recreation, and lands owned by the Division
148 of Wildlife Resources that are not under an in lieu of taxes contract, to each county in which those
149 lands are located;
150 (ii) to each county in which school or institutional trust lands are transferred to the federal
151 government after December 31, 1992, an amount equal to the number of transferred acres in the
152 county multiplied by a payment per acre equal to the difference between 52 cents per acre and the
153 per acre payment made to that county in the most recent payment under the federal payment in lieu
154 of taxes program, 31 U.S.C. Sec. 6901 or P.L. 97-258 as amended, unless the federal payment
155 was equal to or exceeded the 52 cents per acre, in which case no payment shall be made for the
156 transferred lands; and
157 (iii) to each county in which federal lands, which are entitlement lands under the federal
158 in lieu of taxes program, are transferred to the school or institutional trust, an amount equal to the
159 number of transferred acres in the county multiplied by a payment per acre equal to the difference
160 between the most recent per acre payment made under the federal payment in lieu of taxes program
161 and 52 cents per acre, unless the federal payment was equal to or less than 52 cents per acre, in
162 which case no payment shall be made for the transferred land.
163 [
164 provided for in Subsections (2)(a) through [
165 to the Mineral Lease Account to the Permanent Community Impact Fund.
166 (3) (a) Until July 1, 1999, the Board of Regents may not:
167 (i) increase the total amount of federal mineral lease funds allocated during any fiscal year
168 above the amount allocated during the last fiscal year more than the percentage increase in the
169 Consumer Price Index published by the United States Department of Labor for the last calendar
170 year; and
171 (ii) increase the total amount allocated more than 10% above the amount allocated during
172 the last fiscal year.
173 (b) If the total amount of mineral lease funds allocated to a recipient agency or institution
174 in any fiscal year is less than the total amount allocated for the last fiscal year, the allocation to that
175 agency or institution for the next fiscal year shall be increased by the amount of the reduction
176 before calculating and applying the percent limitation.
177 (c) (i) Higher education institutions shall expend the federal mineral lease funds
178 apportioned to them via institutional work programs.
179 (ii) The Board of Regents may approve those programs only when it is satisfied that a
180 majority of the funds will be expended for research, educational, or public service programs of
181 benefit to subdivisions of the state that are socially or economically impacted by the development
182 of minerals leased under the Mineral Lands Leasing Act in the planning, construction, and
183 maintenance of public facilities, and the provision of public services.
184 (d) (i) Except as provided in Subsection (3)(d)(ii), each institution of higher education is
185 entitled to an amount of mineral lease funds equal to the proportion of the total amount available
186 that the average number of full-time students enrolled during the preceding year at that institution
187 bears to the total enrollment of all institutions.
188 (ii) Enrollment at the University of Utah and Utah State University shall first be multiplied
189 by 1.25 and that product shall constitute the enrollment of the University of Utah and Utah State
190 University for the purposes of determining their proportionate allocation.
191 (4) The federal mineral lease funds allocated to the Water Research Laboratory at Utah
192 State University are in addition to any other money to which Utah State University is entitled under
193 this section.
194 (5) Federal mineral lease funds distributed by the Department of Transportation under
195 Subsection (2)(f) shall be allocated to county special service districts in amounts proportionate to
196 the amount of federal mineral lease money generated by the county in which a special service
197 district is located.
198 (6) (a) Each county receiving money under Subsection (2)[
199 a school district or other special service district within the county.
200 (b) Beginning in fiscal year 1994-95 and in each year thereafter, the amount per acre
201 provided in Subsection (2)[
202 measured by the Consumer Price Index.
203 (7) Each agency, board, institution of higher education, and political subdivision receiving
204 money under this chapter shall provide the Legislature, through the Office of the Legislative Fiscal
205 Analyst, with a complete accounting of the use of that money on an annual basis. This accounting
206 shall:
207 (a) include actual expenditures for the prior fiscal year, budgeted expenditures for the
208 current fiscal year, and planned expenditures for the following fiscal year; and
209 (b) be reviewed by the Economic Development and Human Resources Appropriation
210 Subcommittee as part of its normal budgetary process under Title 63, Chapter 38, Budgetary
211 Procedures Act.
212 (8) All monies in or appropriated to the Targeted Allocation Fund shall be transferred to
213 the Permanent Community Impact Fund.
214 Section 2. Section 63C-4-101 is amended to read:
215 63C-4-101. Creation of Constitutional Defense Council.
216 (1) There is created the Constitutional Defense Council.
217 (2) The defense council shall consist of the following nine members:
218 (a) the governor who shall serve as chair of the council;
219 [
220 [
221 [
222 [
223 [
224 [
225 (g) two elected county commissioners from different counties who are selected by the Utah
226 Association of Counties.
227 (3) (a) Except as required by Subsection (b), the [
228 a four-year term beginning July 1, 1994.
229 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
230 appointment or reappointment, adjust the length of terms to ensure that the terms of council
231 members are staggered so that [
232 every two years.
233 (c) A citizen member is eligible for reappointment.
234 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
235 appointed for the unexpired term in the same manner as the original appointment.
236 (5) (a) The defense council shall meet at times at the call of the chair or any five members
237 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) The [
242 the Attorney General shall provide staff to the defense council.
243 (7) (a) (i) Members who are not government employees shall receive no compensation or
244 benefits for their services, but may receive per diem and expenses incurred in the performance of
245 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) (i) State government officer and employee members who do not receive salary, per
249 diem, or expenses from their agency for their service may receive per diem and expenses incurred
250 in the performance of their official duties from the council at the rates established by the Division
251 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 (c) (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 [
261 provided by law and legislative rule.
262 (8) (a) The council shall be funded from the [
263 Defense Restricted Account created in Section 63C-4-103 .
264 [
265 [
266 [
267 [
268 (b) Monies appropriated for or received by the council may be expended by the governor
269 in consultation with the council.
270 Section 3. Section 63C-4-102 is amended to read:
271 63C-4-102. Duties.
272 (1) The Constitutional Defense Council [
273 the governor and to the 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 [
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 [
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; [
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 require the attorney general or a designee to provide testimony
295 on potential legal actions that would enhance the state's sovereignty or authority on issues affecting
296 Utah and the well-being of its citizens.
297 (3) The council chair may direct the attorney general to initiate and prosecute any action
298 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, in consultation with the council, direct any council attorney in
302 any manner considered appropriate by the attorney general to best serve the purposes of the
303 council.
304 [
305 a list of [
306 qualified to represent the council [
307
308 (ii) The council may employ attorneys from that list.
309 [
310 selected and approved for employment [
311 [
312 all claims for payments for legal services that are submitted by the council.
313 [
314 or, with the concurrence of the council, order an attorney employed by the council to cease work
315 to be charged to the fund.
316 [
317 the House of Representatives and the president of the Senate that summarizes the council's
318 activities.
319 Section 4. Section 63C-4-103 is enacted to read:
320 63C-4-103. Creation of Constitutional Defense Restricted Account -- Sources of funds
321 -- Uses of funds.
322 (1) There is created a restricted account within the General Fund known as the
323 Constitutional Defense Restricted Account.
324 (2) The account consists of monies from the following revenue sources:
325 (a) monies deposited to the fund from the Mineral Bonus Account as required by
326 Subsection 59-21-2 (2);
327 (b) voluntary contributions;
328 (c) monies received by the Constitutional Defense Council from other state agencies; and
329 (d) appropriations made by the Legislature.
330 (3) Funds in the account shall be nonlapsing.
331 (4) (a) The account shall earn interest.
332 (b) All interest earned on account monies shall be deposited into the General Fund.
333 (5) The account balance may not exceed $1 million.
334 (6) The Legislature may annually appropriate monies from the Constitutional Defense
335 Restricted Account to the Constitutional Defense Council to carry out its duties in Section
336 63C-4-102 .
337 Section 5. Section 67-5-1 is amended to read:
338 67-5-1. General duties.
339 The attorney general shall:
340 (1) except as provided in Sections 10-3-928 and 17-18-1 , attend the Supreme Court and
341 the Court of Appeals of this state, and all courts of the United States, and prosecute or defend all
342 causes to which the state, or any officer, board, or commission of the state in an official capacity
343 is a party; and take charge, as attorney, of all civil legal matters in which the state is interested;
344 (2) when jointly agreed by the governor and the attorney general:
345 (a) initiate legal proceedings in a court of competent jurisdiction on behalf of the state, or
346 any officer, board, commission, agency, or instrumentality of the state for the purpose of opposing
347 or challenging federal laws, regulations, or court orders and their impact on or applicability to the
348 state; and
349 (b) as the budget permits, retain outside legal counsel with appropriate expertise to
350 represent the state in the legal proceedings;
351 (3) after judgment on any cause referred to in Subsection (1), direct the issuance of process
352 as necessary to execute the judgment;
353 (4) account for, and pay over to the proper officer, all moneys which come into his
354 possession, that belong to the state;
355 (5) keep a file of all cases in which he is required to appear, including any documents and
356 papers showing the court in which the cases have been instituted and tried, and whether they are
357 civil or criminal, and:
358 (a) if civil, the nature of the demand, the stage of proceedings, and when prosecuted to
359 judgment, a memorandum of the judgment and of any process issued whether satisfied, and if not
360 satisfied, the return of the sheriff;
361 (b) if criminal, the nature of the crime, the mode of prosecution, the stage of proceedings,
362 and when prosecuted to sentence, a memorandum of the sentence and of the execution, if the
363 sentence has been executed, if not executed, of the reason of the delay or prevention; and
364 (c) deliver this information to his successor in office;
365 (6) exercise supervisory powers over the district and county attorneys of the state in all
366 matters pertaining to the duties of their offices, and from time to time require of them reports of
367 the condition of public business entrusted to their charge;
368 (7) give his opinion in writing and without fee to the Legislature or either house, and to
369 any state officer, board, or commission, and to any county attorney or district attorney, when
370 required, upon any question of law relating to their respective offices;
371 (8) when required by the public service or directed by the governor, assist any district or
372 county attorney in the discharge of his duties;
373 (9) purchase in the name of the state, under the direction of the state Board of Examiners,
374 any property offered for sale under execution issued upon judgments in favor of or for the use of
375 the state, and enter satisfaction in whole or in part of the judgments as the consideration of the
376 purchases;
377 (10) when the property of a judgment debtor in any judgment mentioned in Subsection (9)
378 has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance taking
379 precedence of the judgment in favor of the state, redeem the property, under the direction of the
380 state Board of Examiners, from the prior judgment, lien, or encumbrance, and pay all money
381 necessary for the redemption, upon the order of the state Board of Examiners, out of any money
382 appropriated for these purposes;
383 (11) when in his opinion it is necessary for the collection or enforcement of any judgment,
384 institute and prosecute on behalf of the state any action or proceeding necessary to set aside and
385 annul all conveyances fraudulently made by the judgment debtors, and pay the cost necessary to
386 the prosecution, when allowed by the state Board of Examiners, out of any money not otherwise
387 appropriated;
388 (12) discharge the duties of a member of all official boards of which he is or may be made
389 a member by the Utah Constitution or by the laws of the state, and other duties prescribed by law;
390 (13) institute and prosecute proper proceedings in any court of the state or of the United
391 States, to restrain and enjoin corporations organized under the laws of this or any other state or
392 territory from acting illegally or in excess of their corporate powers or contrary to public policy,
393 and in proper cases forfeit their corporate franchises, dissolve the corporations, and wind up their
394 affairs;
395 (14) institute investigations for the recovery of all real or personal property that may have
396 escheated or should escheat to the state, and for that purpose he may cite any persons before any
397 of the district courts to answer inquiries and render accounts concerning any property, may
398 examine all books and papers of any corporations, and when any real or personal property is
399 discovered that should escheat to the state, the attorney general shall institute suit in the district
400 court of the county where the property is situated for its recovery, and escheat that property to the
401 state;
402 (15) administer the Children's Justice Center as a program to be implemented in various
403 counties pursuant to Sections 67-5b-101 through 67-5b-107 ; and
404 (16) assist the Constitutional Defense Council as provided in [
405 63C, Chapter 4, Constitutional Defense Council.
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