County input on state suits is bill's focus

Rural counties could have more control over how the state spends its money on lawsuits under a bill that's making its way through Utah Legislature.

After an hour of debate, the full House on Monday unanimously approved HB206, a bill that modifies the state's Constitutional Defense Council, a group of lawmakers, county commissioners and the governor, that oversees money used to defend the state's interest in a variety of conflicts with the federal government.

"Environmental organizations in this state have more input in your county than you do," thundered Rep. Mike Noel, R-Kanab, the bill's sponsor.

The bill, which now goes to the Senate, is intended to give the counties more control on the council by:

• Eliminating one citizen member from the council. The 12-member group would be reduced to 11, with the governor appointing just one citizen member rather than two.

• Allowing the council to meet monthly, rather than quarterly, if the majority of members feel it is necessary.

• Provides the ability for any member of the council to seek financial reports on any entity that receives money from the fund.

Frustration over federal land use plans, and the state's reluctance to support rural counties in litigation, prompted the bill, Noel said.

"The ones affected most by land use plans are the counties," he said. "If you change public grazing issues it impacts the counties. These plans also impact urban legislators should the (federal land use) plans close down thousands of miles of access to roads."

The Constitutional Defense Council was founded in 1994 to deal with constitutional issues, but it primarily focuses on land disputes with the federal government. "The governor's office was spending the money not on constitutional issues," Noel said. "One thing this bill does is give an accounting on where the money is spent."

Noel said the bill has the support of Gov. Olene Walker. "We wanted to make sure she was OK with it," Noel said.

Walker's spokeswoman was unavailable for comment.

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