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House passes amended bill to expand Constitutional Defense Council powers, reporting

Utah House of Representatives · February 9, 2004
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Summary

The House approved a substituted version of HB 206 to revise the Constitutional Defense Council’s membership, reporting, and oversight language; sponsors said it increases county input and accountability while critics warned about removing one public member.

The Utah House passed second substitute House Bill 206 on a unanimous 74–0 vote after adopting a package of amendments that adjust council membership, reporting requirements and financial oversight of litigation funds.

Representative Mike Noel, sponsor of the substitute, said the effort strengthens county participation in the Constitutional Defense Council, which he described as the state vehicle for responding to federal land-management actions and related constitutional issues. Noel argued the substitute balances county representation and accountability while preserving a role for a public member.

Floor questions focused on membership and public participation. Representative Goodfell and others pressed whether the substitute reduced direct public membership on the council (the substitute retains one public member rather than two under prior language). The sponsor said the change keeps necessary public input while increasing county representation and argued that environmental organizations have historically dominated public feedback in federal land-plan processes.

Members also debated amendments on information flow and accountability for litigation funding. An amendment that converted certain 'may' provisions into 'shall' requirements was adopted to require financial and litigation reporting from entities receiving money from the constitutional defense restricted account. Another amendment adjusted review windows (a compromise substituted 10 calendar days for an earlier 14-day proposal) to balance county review time with the state’s obligation to respond.

Representative Noel urged support, citing rural counties’ concerns about access and federal plan impacts on local roads and resources. The substitute passed and will proceed to the Senate for further consideration.

What happens next: The substituted and amended HB 206 will be transmitted to the Senate; the House directed enrollment after passage.