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H.B. 207 Enrolled
AN ACT RELATING TO STATE BOARDS AND COMMISSIONS; EXPANDING
AUTHORIZED EXPENDITURES FROM THE CONSTITUTIONAL DEFENSE COUNCIL
RESTRICTED ACCOUNT; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63C-4-103, as enacted by Chapter 371, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63C-4-103 is amended to read:
63C-4-103. Creation of Constitutional Defense Restricted Account -- Sources of
funds -- Uses of funds.
(1) There is created a restricted account within the General Fund known as the
Constitutional Defense Restricted Account.
(2) The account consists of monies from the following revenue sources:
(a) monies deposited to the [
by Subsection 59-21-2 (2);
(b) voluntary contributions;
(c) monies 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) (a) The account shall earn interest.
(b) All interest earned on account monies shall be deposited into the General Fund.
(5) The account balance may not exceed $1 million.
(6) (a) The Legislature may annually appropriate monies from the Constitutional Defense
Restricted Account to the Constitutional Defense Council to carry out its duties in Section
63C-4-102 .
(b) For those monies deposited to the Constitutional Defense Restricted Account from the
Mineral Bonus Account, the Legislature may annually appropriate some or all of them to a county,
or an association of counties, to assist counties in challenging legal mandates and regulations
involving:
(i) legal and policy issues surrounding state and local government rights under R.S. 2477;
(ii) federal laws or regulations that reduce or negate water rights or the rights of owners of
private property;
(iii) conflicting federal regulations or policies in land management on federal land;
(iv) federal intervention that would damage the state's mining, timber, and ranching industries;
(v) the authority of the Environmental Protection Agency and Congress to mandate local air
quality standards and penalties; and
(vi) other issues affecting the counties that are consistent with the purpose of the council.
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