63C-4-101 - Creation of Constitutional Defense Council -- Membership -- Vacancies -- Reports -- Per diem, travel expenses, and funding. - Utah Statutes

63C-4-101. Creation of Constitutional Defense Council -- Membership -- Vacancies-- Reports -- Per diem, travel expenses, and funding.
(1) There is created the Constitutional Defense Council.
(2) (a) The defense 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 serveas vice chair of the council;
(iii) the speaker of the House or the speaker of the House's designee who shall serve asvice chair of the council;
(iv) the minority leader of the Senate or the minority leader of the Senate's designee;
(v) the minority leader of the House or the minority leader of the House's designee;
(vi) the attorney general or the attorney general's designee, who shall be one of theattorney general's appointees, not a current career service employee;
(vii) the director of the School and Institutional Trust Lands Administration;
(viii) four elected county commissioners, county council members, or county executivesfrom different counties who are selected by the Utah Association of Counties, at least one ofwhom shall be from a county of the first or second class;
(ix) the executive director of the Department of Natural Resources, who may not vote;
(x) the commissioner of the Department of Agriculture and Food, who may not vote;
(xi) the director of the Governor's Office of Economic Development, who may not vote;and
(xii) two elected county commissioners, county council members, or county executivesfrom 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 thecouncil, the governor may designate a person to attend the meeting solely for the purpose ofcasting a vote on any matter on the governor's behalf.
(3) When a vacancy occurs in the membership for any reason, the replacement shall beappointed for the unexpired term in the same manner as the original appointment.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), the defense council shall meet atleast monthly or more frequently as needed.
(ii) The defense 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 theagenda from other members of the council.
(d) (i) The Constitutional Defense Council shall require that any entity that receivesmoney from the Constitutional Defense Restricted Account provide financial reports andlitigation reports to the Council.
(ii) Nothing in this Subsection (4)(d) prohibits the council from closing a meeting underTitle 52, Chapter 4, Open and Public Meetings Act, or prohibits the council from complying withTitle 63G, Chapter 2, Government Records Access and Management Act.
(e) A majority of the voting membership on the defense council is required for a quorumto conduct council business. A majority vote of the quorum is required for any action taken bythe defense council.

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(5) The Office of the Attorney General shall advise the defense council.
(6) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
(7) (a) The council shall be funded from the Constitutional Defense Restricted Accountcreated in Section 63C-4-103.
(b) Money appropriated for or received by the council may be expended by the governorin consultation with the council.

Amended by Chapter 286, 2010 General Session