63C-4-102 - Duties. - Utah Statutes

63C-4-102. Duties.
(1) The Constitutional Defense Council is a council to assist the governor and theLegislature on the following types of issues:
(a) the constitutionality of unfunded federal mandates;
(b) when making recommendations to challenge the federal mandates and regulationsdescribed in Subsections (1)(e)(i) through (v), the rationale for and effectiveness of those federalmandates or regulations;
(c) legal and policy issues surrounding state and local government rights under R.S.2477;
(d) legal issues relating to the rights of the School and Institutional Trust LandsAdministration and its beneficiaries; and
(e) the advisability, feasibility, estimated cost, and likelihood of success of challenging:
(i) federal court rulings that hinder the management of the state's prison system and placeundue financial hardship on the state's taxpayers;
(ii) federal laws or regulations that reduce or negate water rights or the rights of ownersof private property, or the rights and interest of state and local governments, includingsovereignty interests and the power to provide for the health, safety, and welfare, and promotethe prosperity of their inhabitants;
(iii) conflicting federal regulations or policies in land management on federal land;
(iv) federal intervention that would damage the state's mining, timber, and ranchingindustries;
(v) the authority of the Environmental Protection Agency and Congress to mandate localair quality standards and penalties; and
(vi) other issues that are relevant to this Subsection (1).
(2) The council shall:
(a) provide advice to the governor, state planning coordinator, and the public lands policycoordinator concerning coordination of:
(i) state and local government rights under R.S. 2477; and
(ii) other public lands issues;
(b) approve a plan for R.S. 2477 rights developed in accordance with Section 63C-4-104;and
(c) review, at least quarterly:
(i) financial statements concerning implementation of the plan for R.S. 2477 rights; and
(ii) financial and other reports from the Public Lands Policy Coordinating Officeconcerning its activities.
(3) The council chair may require the attorney general or a designee to provide testimonyon potential legal actions that would enhance the state's sovereignty or authority on issuesaffecting Utah and the well-being of its citizens.
(4) The council chair may direct the attorney general to initiate and prosecute any actionthat the council determines will further its purposes, including an action described in Section67-5-29.
(5) (a) Subject to the provisions of this section, the council may select and employattorneys to implement the purposes and duties of the council.
(b) The council chair may, in consultation with the council, direct any council attorney inany manner considered appropriate by the attorney general to best serve the purposes of the

council.
(c) The attorney general shall negotiate a contract for services with any attorney selectedand approved for employment under this section.
(6) The council chair shall, only with the concurrence of the council, review and approveall claims for payments for:
(a) legal services that are submitted to the council; and
(b) an action filed in accordance with Section 67-5-29.
(7) Within five business days' notice, the council chair may, with the concurrence of thecouncil, order the attorney general or an attorney employed by the council to cease work to becharged to the fund.
(8) (a) At least 20 calendar days before the state submits comments on the draftenvironmental impact statement or environmental assessment for a proposed land managementplan of any federal land management agency, the governor shall make those documents availableto:
(i) members of the council; and
(ii) any county executive, county council member, or county commissioner of a countythat is covered by the management plan and that has established formal cooperating agency statuswith the relevant federal land management agency regarding the proposed plan.
(b) (i) Council members or local government officials receiving the documents maymake recommendations to the governor or the governor's designee concerning changes to thedocuments before they are submitted to the federal land management agency.
(ii) Council members or local government officials shall submit recommendations to thegovernor or the governor's designee no later than 10 calendar days after receiving the documentsunder Subsection (8)(a).
(c) Documents transmitted or received under this Subsection (8) are drafts and areprotected records pursuant to Subsection 63G-2-305(22).
(9) The council shall submit a report on December 1 of each year to the speaker of theHouse of Representatives and the president of the Senate that summarizes the council's activities.

Amended by Chapter 262, 2010 General Session