Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 57 Third Substitute (2024GS)

Sponsor

Sen. Sandall, S.

Final action

Governor Signed 1/31/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• establishes a framework for the Legislature, by concurrent resolution, to prohibit the enforcement of a federal directive within the state by government officers if the Legislature determines the federal directive violates the principles of state sovereignty;
• describes the ways in which a federal directive violates the principles of state sovereignty;
• limits the authority for requesting a concurrent resolution under the bill;
• requires the Legislature to consult with the attorney general regarding the potential impact of a concurrent resolution on litigation;
• specifies the required contents of a concurrent resolution;
• clarifies the effects of a concurrent resolution upon adoption;
• establishes requirements for the termination of a concurrent resolution; and
• clarifies the effects of legislative inaction on a federal directive.

Every vote on this bill

Bill text

UTAH CONSTITUTIONAL SOVEREIGNTY ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: 
____________
LONG TITLE
General Description:
This bill enacts the Utah Constitutional Sovereignty Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ establishes a framework for the Legislature, by concurrent resolution, to prohibit the
enforcement of a federal directive within the state by government officers if the
Legislature determines the federal directive violates the principles of state
sovereignty;
▸ describes the ways in which a federal directive violates the principles of state
sovereignty;
▸ limits the authority for requesting a concurrent resolution under the bill;
▸ requires the Legislature to consult with the attorney general regarding the potential
impact of a concurrent resolution on litigation;
▸ specifies the required contents of a concurrent resolution;
▸ clarifies the effects of a concurrent resolution upon adoption;
▸ establishes requirements for the termination of a concurrent resolution; and
▸ clarifies the effects of legislative inaction on a federal directive.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
63G-16-201
, Utah Code Annotated 1953
63G-16-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-16-201
 is enacted to read:
Part 2. Utah Constitutional Sovereignty Act
 63G-16-201.
Definitions.
As used in this part:
(1) "Board of education" means:
(a) a local school board described in Title 53G, Chapter 4, School Districts;
(b) the State Board of Education;
(c) the State Charter School Board created under Section 
53G-5-201
; or
(d) a charter school governing board described in Title 53G, Chapter 5, Charter
Schools.
(2) "Federal agency" means a department, agency, authority, commission, council,
board, office, bureau, or other administrative unit of the executive branch of the United States
government.
(3) "Federal directive" means:
(a) a statute passed by the United States Congress;
(b) an executive order by the president of the United States;
(c) a rule or regulation adopted by a federal agency; or
(d) an order or action by:
(i) a federal agency; or
(ii) an employee or official appointed by the president of the United States.
(4) (a) "Government officer" means:
(i) an individual elected to a position in state or local government, when acting in the
capacity of the state or local government position;
(ii) an individual elected to a board of education, when acting in the capacity of a
member of a board of education;
(iii) an individual appointed to fill a vacancy in a position described in Subsection
(4)(a)(i) or (ii), when acting in the capacity of the position; or
(iv) an individual appointed to or employed in a full-time position by state government,
local government, or a board of education, when acting in the capacity of the individual's
appointment or employment.
(b) "Government officer" does not mean a member of the legislative branch of state
government.
(5) "Local government" means:
(a) a county, city, town, or metro township;
(b) a special district governed by Title 17B, Limited Purpose Local Government
Entities - Special Districts;
(c) a special service district governed by Title 17D, Chapter 1, Special Service District
Act;
(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
Government Entities - Community Reinvestment Agency Act;
(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
(f) a redevelopment agency; or
(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
13, Interlocal Cooperation Act.
Section 2. Section 
63G-16-202
 is enacted to read:
 63G-16-202.
Resolution of the Legislature invoking state sovereignty --
Requirements -- Effect upon adoption -- Termination -- Relation to other law.
(1) The Legislature may, by concurrent resolution, prohibit a government officer from
enforcing or assisting in the enforcement of a federal directive within the state if the
Legislature determines the federal directive violates the principles of state sovereignty in
accordance with Subsection (2).
(2) A federal directive violates the principles of state sovereignty if the federal
directive restricts or infringes upon:
(a) a power or a right reserved to the state by the Tenth Amendment to the United
States Constitution; or
(b) the state's rights or interests to provide for the health, safety, and welfare and
promote the prosperity of the state's inhabitants.
(3) A request for a concurrent resolution under Subsection (1) may not be filed unless:
(a) the request is approved by the speaker of the House of Representatives and the
president of the Senate; or
(b) while the Legislature is convened and conducting business on the floor, a motion to
approve the request is made in each chamber of the Legislature and those motions are approved
by a two-thirds majority of the members present in each chamber.
(4) The Legislature shall consult with and consider any recommendations provided by
the attorney general concerning the potential impact that a concurrent resolution may have on
current or anticipated litigation.
(5) A concurrent resolution under Subsection (1) shall:
(a) identify the federal directive the Legislature has determined violates the principles
of state sovereignty under Subsection (2);
(b) include the information or findings upon which the Legislature has made the
determination in Subsection (5)(a);
(c) specify the government officers to which the concurrent resolution applies;
(d) explain the effect that the concurrent resolution will have on the applicability of the
federal directive within the state, including a description of any activities or forms of assistance
that a government officer specified in Subsection (5)(c) is prohibited from conducting in
connection with the enforcement of the federal directive; and
(e) describe any other requirements for a government officer specified in Subsection
(5)(c) to comply with the concurrent resolution.
(6) A concurrent resolution under Subsection (1):
(a) takes effect upon adoption and has the force of law; and
(b) after taking effect, may only be terminated by concurrent resolution.
(7) The requirements for filing a request for a concurrent resolution in Subsection (3)
apply to a concurrent resolution described in Subsection (6)(b).
(8) The inaction of the Legislature in determining that a federal directive violates the
principles of state sovereignty by concurrent resolution under this section:
(a) does not imply or create a presumption that the federal directive is lawful under the
United States Constitution; and
(b) has no effect on the attorney general's authority to pursue any appropriate legal
action to challenge the federal directive on the basis of state sovereignty.
(9) This section supersedes any conflicting provisions of Utah law.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.