63C-4a-202. Creation of Constitutional Defense Council — Membership — Vacancies — Meetings — Staff — Reports — Per diem, travel expenses, and funding.
| (1) |
There is created the Constitutional Defense Council. |
Terms Used In Utah Code 63C-4a-202
| (2) |
| (a) |
The council shall consist of the following members:
| (i) |
the governor or the lieutenant governor, who shall serve as chair of the council; |
| (ii) |
the president of the Senate or the president of the Senate’s designee who shall serve as vice chair of the council; |
| (iii) |
the speaker of the House or the speaker of the House’s designee who shall serve as vice chair of the council; |
| (iv) |
another member of the House, appointed by the speaker of the House; |
| (v) |
the minority leader of the Senate or the minority leader of the Senate’s designee; |
| (vi) |
the minority leader of the House or the minority leader of the House’s designee; |
| (vii) |
the attorney general or the attorney general’s designee, who shall be one of the attorney general’s appointees, not a current career service employee; |
| (viii) |
the director of the School and Institutional Trust Lands Administration; |
| (ix) |
four elected county commissioners, county council members, or county executives from different counties who are selected by the Utah Association of Counties, at least one of whom shall be from a county of the first or second class; |
| (x) |
the executive director of the Department of Natural Resources, who may not vote; |
| (xi) |
the commissioner of the Department of Agriculture and Food, who may not vote; |
| (xii) |
the director of the Governor’s Office of Economic Opportunity, who may not vote; and |
| (xiii) |
two elected county commissioners, county council members, or county executives from different counties appointed by the Utah Association of Counties, who may not vote. |
|
| (b) |
The council vice chairs shall conduct a council meeting in the absence of the chair. |
| (c) |
If both the governor and the lieutenant governor are absent from a meeting of the council, the governor may designate a person to attend the meeting solely for the purpose of casting a vote on any matter on the governor’s behalf. |
|
| (3) |
When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term in the same manner as the original appointment. |
| (4) |
| (a) |
| (i) |
Except as provided in Subsection (4)(a)(ii), the council shall meet at least monthly or more frequently as needed. |
| (ii) |
The council need not meet monthly if the chair, after polling the members, determines that a majority of the members do not wish to meet. |
|
| (b) |
The governor or any six members of the council may call a meeting of the council. |
| (c) |
Before calling a meeting, the governor or council members shall solicit items for the agenda from other members of the council. |
| (d) |
| (i) |
The council shall require that any entity, other than the commission, that receives money from the Constitutional Defense Restricted Account provide financial reports and litigation reports to the council. |
|
| (e) |
A majority of the voting membership on the council is required for a quorum to conduct council business. A majority vote of the quorum is required for any action taken by the council. |
|
| (5) |
| (a) |
The Office of the Attorney General shall advise the council. |
| (b) |
The Public Lands Policy Coordinating Office shall provide staff assistance for meetings of the council. |
|
| (6) |
| (a) |
A member of the council who is not a legislator may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses as allowed in:
| (iii) |
rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107. |
|
| (b) |
Compensation and expenses of a member of the council who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses. |
|
| (7) |
Money appropriated for or received by the council may be expended by the governor in consultation with the council. |
Amended by Chapter 387, 2014 General Session
