H.B. 144

1

CONSTITUTIONAL DEFENSE COUNCIL
2 AMENDMENTS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Dennis H. Iverson
6 AN ACT RELATING TO THE CONSTITUTIONAL DEFENSE COUNCIL; MODIFYING
7 COUNCIL MEMBERSHIP; MODIFYING COUNCIL MEETING REQUIREMENTS;
8 MODIFYING COUNCIL DUTIES; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 63C-4-101, as last amended by Chapter 243, Laws of Utah 1996
12 63C-4-102, as last amended by Chapter 171, Laws of Utah 1995
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 63C-4-101 is amended to read:
15 63C-4-101. Creation of Constitutional Defense Council.
16 (1) There is created the Constitutional Defense Council.
17 (2) The defense council shall consist of the following [nine] seven members:
18 (a) the governor who shall serve as chair of the council;
19 [(b) the attorney general;]
20 [(c)] (b) the president of the Senate or his designee;
21 [(d)] (c) the speaker of the House or his designee;
22 [(e)] (d) the minority leader of the Senate or his designee;
23 [(f)] (e) the minority leader of the House or his designee; and
24 (f) two elected county commissioners from different counties who are selected by the Utah
25 Association of Counties.
26 [(g) three citizen members appointed by the governor.]
27 [(3) (a) Except as required by Subsection (b), the three citizen members shall serve a

1 four-year term beginning July 1, 1994.]
2 [(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time
3 of appointment or reappointment, adjust the length of terms to ensure that the terms of council
4 members are staggered so that approximately half of the council is appointed every two years.]
5 [(c) A citizen member is eligible for reappointment.]
6 [(4)] (3) When a vacancy occurs in the membership for any reason, the replacement shall
7 be appointed for the unexpired term in the same manner as the original appointment.
8 [(5)] (4) (a) The defense council shall meet at times at the call of the chair or any four
9 members of the council.
10 (b) A majority of the membership on the defense council is required for a quorum to
11 conduct council business. A majority vote of the quorum is required for any action taken by the
12 defense council.
13 [(6)] (5) The h OFFICE OF THE h [governor may designate staff from executive state agencies
13a to serve as]
14 attorney general h [ is ] SHALL PROVIDE h staff to the defense council.
15 [(7) (a) (i) Members who are not government employees shall receive no compensation
16 or benefits for their services, but may receive per diem and expenses incurred in the performance
17 of the member's official duties at the rates established by the Division of Finance under Sections
18 63A-3-106 and 63A-3-107.]
19 [(ii) Members may decline to receive per diem and expenses for their service.]
20 [(b)] (6) (a) (i) State government officer and employee members who do not receive salary,
21 per diem, or expenses from their agency for their service may receive per diem and expenses
22 incurred in the performance of their official duties from the council at the rates established by the
23 Division of Finance under Sections 63A-3-106 and 63A-3-107.
24 (ii) State government officer and employee members may decline to receive per diem and
25 expenses for their service.
26 (b) (i) Local government members who do not receive salary, per diem, or expenses from
27 the entity that they represent for their service may receive per diem and expenses incurred in the
28 performance of their official duties at the rates established by the Division of Finance under
29 Sections 63A-3-106 and 63A-3-107.
30 (ii) Local government members may decline to receive per diem and expenses for their
31 service.

lilac-February 13, 1998

- 2 -

1 (c) Legislators on the committee shall receive compensation and expenses as provided by
2 law and legislative rule.
3 [(8)] (7) (a) The council shall be funded from the following revenue sources:
4 (i) any voluntary contributions;
5 (ii) monies received by the council from other state agencies; and
6 (iii) appropriations made to the council by the Legislature.
7 (b) All funding for the council shall be nonlapsing.
8 (c) Monies appropriated for or received by the council may be expended only by the
9 council.
10 Section 2. Section 63C-4-102 is amended to read:
11 63C-4-102. Duties.
12 (1) The Constitutional Defense Council shall provide advice to the governor and to the
13 Legislature on the following types of issues:
14 (a) the constitutionality of unfunded federal mandates;
15 (b) when making recommendations to challenge the federal mandates and regulations
16 described in Subsections [(c)] (1)(d)(i) through (v), the rationale for and effectiveness of those
17 federal mandates or regulations;
18 (c) legal and policy issues surrounding state and local government rights under R.S. 2477;
19 h [ and ]
19a (d) LEGAL ISSUES RELATING TO THE RIGHTS OF THE SCHOOL AND INSTITUTIONAL TRUST
19b LANDS ADMINISTRATION AND ITS BENEFICIARIES; AND h
20 [(c)] h [ (d) ] (e) h the advisability, feasibility, estimated cost, and likelihood of success of
21 challenging:
22 (i) federal court rulings that hinder the management of the state's prison system and place
23 undue financial hardship on the state's taxpayers;
24 (ii) federal laws or regulations that reduce or negate water rights or the rights of owners
25 of private property;
26 (iii) conflicting federal regulations or policies in land management on federal land;
27 (iv) federal intervention that would damage the state's mining, timber, and ranching
28 industries; [and]
29 (v) the authority of the Environmental Protection Agency and Congress to mandate local
30 air quality standards and penalties; and
31 (vi) other activities that are consistent with the purpose of the council.

- 3 -

lilac-February 13, 1998

1 (2) The council chair may require the attorney general or a designee to provide testimony
2 on potential legal actions that would enhance the state's sovereignty or authority on issues affecting
3 Utah and the well-being of its citizens.
4 (3) The council chair may direct the attorney general to initiate and prosecute any action
5 that the council determines will further its purposes.
6 (4) (a) (i) Subject to the provisions of this section, the council may select and employ
7 attorneys to implement the purposes and duties of the council.
8 (ii) The council chair may direct any council attorney in any manner considered
9 appropriate by the attorney general to best serve the purposes of the council.
10 [(5)] (b) (i) The council shall meet with the attorney general annually and compile a list
11 of no less than ten attorneys considered to be qualified to represent the council [pursuant to] under
12 this section. [Only those named attorneys may be employed by the council.]
13 (ii) The council may employ attorneys only from that list.
14 [(6)] (c) The attorney general shall negotiate a contract for services with any attorney
15 selected and approved for employment [pursuant to] under this section.
16 [(7)] (5) The council chair shall review and approve all claims for payments for legal
17 services that are submitted by the council.
18 [(8)] (6) Within five business days' notice, the council chair may order the attorney general
19 or an attorney employed by the council to cease work to be charged to the fund.
20 [(9)] (7) The council shall submit a report on December 1 of each year to the speaker of
21 the House of Representatives and the president of the Senate that summarizes the council's
22 activities.




Legislative Review Note
as of 2-4-98 3:49 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 4 -