41-401. Constitutional defense council; members; powers; revolving fund; definitions

A. The constitutional defense council is established consisting of the governor or his designee, a person appointed by the president of the senate, a person appointed by the speaker of the house of representatives, the chairman of the house of representatives committee on states' rights and mandates or its successor committee as an advisory member and the chairman of the senate committee on government reform or its successor committee as an advisory member.

B. The purpose of the council is restoring, maintaining, and advancing the state's sovereignty and authority over issues that affect this state and the well-being of its citizens by taking any action it deems appropriate.

C. Meetings of the council may be called by any member, and decisions of the council shall be made by a majority vote of the members.

D. The council may hold meetings or hearings regarding any of the following:

1. Federal mandates.

2. Court rulings.

3. The authority granted to, or assumed by, the federal government.

4. Laws, regulations and practices of the federal government.

5. Any other activity deemed appropriate given the purposes of the council.

E. The council may require the attorney general or his designee to provide testimony on potential legal actions that would enhance the state's sovereignty or authority on issues affecting this state and the well-being of its citizens.

F. By majority vote, the council may initiate and pursue, including the unconditional right of intervention, in the name of this state any action concerning a law, regulation, order, policy or decision of the United States or any agency of the United States, including court rulings, that the council determines will further its purposes.

G. The council may select and employ attorneys to implement the purposes of this chapter. The attorney general may assist any council attorney in any manner deemed appropriate by the council. When requested by the council, agencies and departments of this state, except the department of law, shall provide reasonable personnel and resources to assist in any matter pursued by the council. The council shall not hire permanent staff.

H. A constitutional defense council revolving fund is established to be administered by the director of the department of administration under the conditions and for the purposes prescribed by this section. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Monies in the fund shall be used by the director of the department of administration to pay the fees and costs of legal actions initiated pursuant to subsection F or G of this section, and other expenses authorized by a majority vote of the council, including the reasonable expenses of expert witnesses and the reasonable cost of any study, analysis or report. The chair of the council shall transmit all claims approved by a majority vote of the council to the director of the department of administration for payment. Members are not eligible to receive compensation but are eligible to receive reimbursement for expenses pursuant to title 38, chapter 4, article 2 from the constitutional defense council revolving fund.

I. On or before the fifteenth day of each month, the director of the department of administration shall cause to be filed with the council members, the president of the senate, the speaker of the house of representatives, the joint legislative budget committee and the governor a full and complete account of the receipts and disbursements for the constitutional defense council revolving fund for the preceding month. With five business days' notice, the council may order an attorney employed by the council to cease all work to be charged to the constitutional defense council revolving fund.

J. The constitutional defense council is exempt from chapter 23 of this title, relating to the procurement code, for matters relating to the purposes of the council.

K. The council shall submit a report on December 1 of each year to the speaker of the house of representatives, the president of the senate and the governor that summarizes the council's activities.

L. The constitutional defense council shall brief the joint legislative budget committee in executive session regarding contracts for legal representation over the amount of fifty thousand dollars. Information provided in executive session shall remain confidential until the contract award is made pursuant to this section.

M. In this section:

1. " Advisory member" means a member who gives advice to the other members of the council at meetings of the council but who is not eligible to vote, is not a member of the council for purposes of determining whether a quorum is present and is not eligible to receive any compensation or reimbursement of expenses by the council.

2. " Council" means the constitutional defense council.