Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 253 Second Substitute (2023GS)

Sponsor

Rep. Ivory, K.

Final action

House/ to Governor 3/13/2023

Outcome

House/ to Governor

Summary

What it does

• This bill:
• allows the Federalism Commission to refer a federal law or action to an interim committee for an evaluation;
• provides the requirements for an evaluation of a federal law or action by an interim committee;
• addresses reporting an evaluation of a federal law or action by an interim committee to the Legislative Management Committee; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

FEDERALISM COMMISSION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions regarding the Federalism Commission.
Highlighted Provisions:
This bill:
▸ allows the Federalism Commission to refer a federal law or action to an interim
committee for an evaluation;
▸ provides the requirements for an evaluation of a federal law or action by an interim
committee;
▸ addresses reporting an evaluation of a federal law or action by an interim committee
to the Legislative Management Committee; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63C-4a-303
, as last amended by Laws of Utah 2022, Chapter 320
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63C-4a-303
 is amended to read:
63C-4a-303.
Federalism Commission to evaluate federal law -- Curriculum on
federalism.
(1) (a) In accordance with Section 
63C-4a-304
, the commission may evaluate a federal
law:
(i) as agreed by a majority of the commission;
(ii) submitted to the commission by a council member; or
(iii) reported to the commission in accordance with Subsection (1)(b).
(b) (i) To assist the commission in the evaluation of federal law as required in this
section and Section 
63C-4a-304
, the commission may contract with a third party that is a Utah
institution of higher education to monitor federal law for possible implications on the
principles of federalism.
(ii) A third party contracted to monitor federal law as described in Subsection (1)(b)(i)
shall:
(A) monitor federal law for possible implications on the principles of federalism and
state sovereignty; and
(B) report to the commission any law or action by the federal government that may
implicate the principles of federalism or state sovereignty.
(c) (i) As used in this Subsection (1)(c), "interim committee" means the same as that
term is defined in Section 
36-12-1
.
(ii) The commission may refer any law or action by the federal government that may
implicate the principles of federalism or state sovereignty to the appropriate interim committee.
(iii) If a federal law or action is referred to an interim committee under Subsection
(1)(c)(ii), the interim committee may provide the commission with an evaluation of the federal
law or action in accordance with Section 
63C-4a-304
, including a recommendation on any
action to be taken by the Legislature.
(iv) The commission may report an evaluation described in Subsection (1)(c)(iii) to the
Legislative Management Committee in accordance with Subsection 
63C-4a-304
(4)(b).
(2) The commission may request information regarding a federal law under evaluation
from a United States senator or representative elected from the state.
(3) If the commission finds that a federal law is not authorized by the United States
Constitution or violates the principle of federalism as described in Subsection 
63C-4a-304
(2), a
commission cochair or the commission may:
(a) request from a United States senator or representative elected from the state:
(i) information about the federal law; or
(ii) assistance in communicating with a federal governmental entity regarding the
federal law;
(b) (i) give written notice of an evaluation made under Subsection (1) to the federal
governmental entity responsible for adopting or administering the federal law; and
(ii) request a response by a specific date to the evaluation from the federal
governmental entity;
(c) request a meeting, conducted in person or by electronic means, with the federal
governmental entity, a representative from another state, or a United States Senator or
Representative elected from the state to discuss the evaluation of federal law and any possible
remedy; or
(d) give written notice of an evaluation and the conclusions of the commission to any
other relevant entity.
(4) The commission may recommend to the governor that the governor call a special
session of the Legislature to give the Legislature an opportunity to respond to the commission's 
evaluation of a federal law.
(5) A commission cochair may coordinate the evaluation of and response to federal law
with another state as provided in Section 
63C-4a-305
.
(6) The commission shall keep a current list on the Legislature's website of:
(a) a federal law that the commission evaluates under Subsection (1);
(b) an action taken by a cochair of the commission or the commission under
Subsection (3);
(c) any coordination undertaken with another state under Section 
63C-4a-305
; and
(d) any response received from a federal government entity that was requested under
Subsection (3).
(7) 
(a)
 The commission shall develop curriculum for a seminar on the principles of
federalism.
(b)
 The curriculum 
under Subsection (7)(a)
 shall be available to the general public and
include:
[
(a)
] 
(i)
 fundamental principles of federalism;
[
(b)
] 
(ii)
 the sovereignty, supremacy, and jurisdiction of the individual states, including
their police powers;
[
(c)
] 
(iii)
 the history and practical implementation of the Tenth Amendment to the
United States Constitution;
[
(d)
] 
(iv)
 the authority and limits on the authority of the federal government as found in
the United States Constitution;
[
(e)
] 
(v)
 the relationship between the state and federal governments;
[
(f)
] 
(vi)
 methods of evaluating a federal law in the context of the principles of
federalism;
[
(g)
] 
(vii)
 how and when challenges should be made to a federal law or regulation on
the basis of federalism;
[
(h)
] 
(viii)
 the separate and independent powers of the state that serve as a check on the
federal government;
[
(i)
] 
(ix)
 first amendment rights and freedoms contained therein; and
[
(j)
] 
(x)
 any other issues relating to federalism the commission considers necessary.
(8) The commission may apply for and receive grants, and receive private donations to
assist in funding the creation, enhancement, and dissemination of the curriculum.
(9) The commission shall submit a report on or before November 30 of each year to the
Government Operations Interim Committee and the Natural Resources, Agriculture, and
Environment Interim Committee that:
(a) describes any action taken by the commission under Section 
63C-4a-303
; and
(b) includes any proposed legislation the commission recommends.