41-1051. Governor's regulatory review council; membership; terms; compensation; powers; council staff

A. The governor's regulatory review council is established consisting of four members who are appointed by the governor, one member who is not a legislator and who is appointed by the president of the senate, one member who is not a legislator and who is appointed by the speaker of the house of representatives and the director of the department of administration or the assistant director of the department of administration who is responsible for administering the council. The director or assistant director is an ex officio member and chairperson of the council. The council shall elect a vice chairperson to serve as chairperson in the chairperson's absence. 

B. Members of the council shall be appointed for staggered terms of three years and may be reappointed. A vacancy occurring during the term of office of any member shall be filled for the unexpired portion of the term in the same manner as provided in this section.

C. The council shall meet at least once a month at a time and place set by the chairperson and at other times and places as the chairperson deems necessary.

D. Members of the council are eligible to receive compensation in an amount of $200 for each day on which the council meets and reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. The chairperson, subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title, shall employ, determine the conditions of employment of and specify the duties of administrative, secretarial and clerical employees as the chairperson deems necessary.

F. The council may make rules pursuant to this chapter to carry out the purposes of this chapter.

G. The council shall make a list of agency rules approved or returned pursuant to sections 41-1027 and 41-1052 and section 41-1056, subsection C for the previous twelve-month period available to the public on request and on the council's website.

H. Council staff shall do both of the following:

1. At the request of a council member, review the constitution of this state and any relevant statutes and advise the council on the constitutionality of a rule independent of an agency's statutory justification for the rule. Notwithstanding any other law, for the purposes of this paragraph, council staff is exempt from section 41-192 and the council may employ legal counsel and make an expenditure or incur an indebtedness for legal services to implement, advise or defend this paragraph.

2. Electronically distribute all nonprivileged council meeting materials to the governor, the president of the senate and the speaker of the house of representatives at the same time the materials are distributed to the members of the council.