Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 270 (2016GS)

Sponsor

Rep. Noel, M.

Final action

Governor Signed 3/29/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that

Every vote on this bill

Bill text

CONSTITUTIONAL DEFENSE RESTRICTED ACCOUNT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael E. Noel
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill amends provisions relating to the Constitutional Defense Restricted Account.
Highlighted Provisions:
This bill:
▸ provides that money appropriated to the Constitutional Defense Restricted Account
may be approved for use by the Office of the Attorney General or any other state or
local government entity to bring an action to establish the right of a state or local
government officer or employee to enter onto federal land or use a federal road or
an R.S. 2477 road.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63C-4a-402
, as renumbered and amended by Laws of Utah 2013, Chapter 101
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63C-4a-402
 is amended to read:
63C-4a-402.
Creation of Constitutional Defense Restricted Account -- Sources of
funds -- Uses of funds -- Reports.
(1) There is created a restricted account within the General Fund known as the
Constitutional Defense Restricted Account.
(2) The account consists of money from the following revenue sources:
(a) money deposited to the account as required by Section 
53C-3-203
;
(b) voluntary contributions;
(c) money received by the council from other state agencies; and
(d) appropriations made by the Legislature.
(3) The Legislature may annually appropriate money from the Constitutional Defense
Restricted Account to one or more of the following:
(a) the commission, to fund the commission and for the commission's duties;
(b) the council, to fund the council and for the council's duties;
(c) the Public Lands Policy Coordinating Office to carry out its duties in Section
63J-4-603
;
(d) the Office of the Governor, to be used only for the purpose of asserting, defending,
or litigating:
(i) an issue arising with another state regarding the use or ownership of water; or
(ii) state and local government rights under R.S. 2477, in accordance with a plan
developed and approved as provided in Section 
63C-4a-403
;
(e) a county or association of counties to assist counties, consistent with the purposes
of the council, in pursuing issues affecting the counties;
(f) the Office of the Attorney General, to be used only:
(i) for public lands counsel and assistance and litigation to the state or local
governments including asserting, defending, or litigating state and local government rights
under R.S. 2477 in accordance with a plan developed and approved as provided in Section
63C-4a-403
;
(ii) for an action filed in accordance with Section 
67-5-29
;
(iii) to advise the council; or
(iv) for asserting, defending, or litigating an issue arising with another state regarding
the use or ownership of water; [
or
]
(g) the Office of the Attorney General or any other state or local government entity to
bring an action to establish the right of a state or local government officer or employee to enter
onto federal land or use a federal road or an R.S. 2477 road, in the officer's or employee's
official capacity, to protect the health, safety, or welfare of a citizen of the state; or
[
(g)
] 
(h)
 the Office of Legislative Research and General Counsel, to provide staff
support to the commission.
(4) (a) The council shall require that any entity, other than the commission, that
receives money from the account provide financial reports and litigation reports to the council.
(b) Nothing in this Subsection (4) prohibits the commission or the council from closing
a meeting under Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the
commission or the council from complying with Title 63G, Chapter 2, Government Records
Access and Management Act.