Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 488 (2025GS)

Sponsor

Rep. Ivory, Ken

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• expands the membership of the Federalism Commission (commission) and modifies the manner in which members are appointed;
• increases the number of committee bill files the commission is permitted to open each year;
• requires the Center for Constitutional Studies (center) at Utah Valley University, in consultation with the commission, to:
• develop a continuing education and training program for state and local government employees regarding federalism issues;
• organize an annual federalism conference and study the creation of a state-led national federalism organization;
• coordinate with private sector actors to conduct out-of-state outreach; and
• establish informal working groups as necessary and report to the commission;
• requires the Herbert Institute (institute) at Utah Valley University, in consultation with the commission, to:
• serve as a liaison between the commission, the center, and government entities on federalism issues; and
• conduct outreach and coordination to support the commission's federalism efforts; and
• coordinate with private organizations on local and national outreach efforts and report to the commission;
• requires the commission to:

Every vote on this bill

Bill text

22
53B-29-401
53B-29-402
53B-29-403
63C-4a-102
63C-4a-302
63C-4a-303
0
Federalism Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: Keven J. Stratton
Cosponsor:
Logan J. Monson
Stephen L. Whyte
Kay J. Christofferson
Nicholeen P. Peck
Colin W. Jack
Jason E. Thompson
LONG TITLE
General Description:
This bill modifies provisions related to federalism.
Highlighted Provisions:
This bill:
defines terms;
expands the membership of the Federalism Commission (commission) and modifies the 
manner in which members are appointed;
increases the number of committee bill files the commission is permitted to open each 
year;
requires the Center for Constitutional Studies (center) at Utah Valley University, in 
consultation with the commission, to:
develop a continuing education and training program for state and local government 
employees regarding federalism issues;
organize an annual federalism conference and study the creation of a state-led national 
federalism organization;
coordinate with private sector actors to conduct out-of-state outreach; and
establish informal working groups as necessary and report to the commission;
requires the Herbert Institute (institute) at Utah Valley University, in consultation with 
the commission, to: 
serve as a liaison between the commission, the center, and government entities on 
federalism issues; and
conduct outreach and coordination to support the commission's federalism efforts; and
coordinate with private organizations on local and national outreach efforts and report 
to the commission;
requires the commission to:
make recommendations to the center and to the institute regarding the entities' 
federalism-related duties; and
report annually to the Legislative Management Committee regarding the entities' 
progress;
requires executive branch agencies to designate a contact person to coordinate with the 
commission regarding education and training; and
makes technical corrections.
Money Appropriated in this Bill:
This bill appropriates 
$910,000
 in operating and capital budgets for fiscal year 2026, all of 
which is from the Income Tax Fund.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63C-4a-102
, as last amended by Laws of Utah 2021, Chapter 64
63C-4a-302
, as last amended by Laws of Utah 2024, Chapter 410
63C-4a-303
, as last amended by Laws of Utah 2024, Chapter 190
ENACTS:
53B-29-401
, Utah Code Annotated 1953
53B-29-402
, Utah Code Annotated 1953
53B-29-403
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53B-29-401
 is enacted to read:
4. Federalism
53B-29-401
. Definitions.
As used in this part:
(1)
"Center" means the Center for Constitutional Studies at Utah Valley University.
(2)
"Commission" means the Federalism Commission created in Section 
63C-4a-302
.
(3)
"Institute" means the Gary R. Herbert Institute for Public Policy at Utah Valley 
University.
Section 2, Section 
53B-29-402
 is enacted to read:
53B-29-402
. Federalism-related duties of Center for Constitutional Studies.
In consultation with the commission and subject to appropriations by the Legislature, the 
center shall:
(1)
develop a nonpartisan continuing education and training program for state and local 
government employees on:
(a)
the principles of federalism;
(b)
the sovereignty, supremacy, and general jurisdiction of the individual states, 
including the breadth and extent of state police power jurisdiction;
(c)
the history and practical implementation of the Ninth, Tenth, and Fourteenth 
Amendments to the United States Constitution;
(d)
the limited jurisdiction and powers of the federal government as proscribed by the 
United States Constitution, as amended;
(e)
methods of evaluating federal jurisdiction, law, or action in the context of the 
principles of federalism;
(f)
the duty, jurisdiction, and powers of the state to restore or maintain the 
constitutionally balanced state and federal governing roles and responsibilities; and
(g)
other education or training components related to federalism as recommended by the 
commission;
(2)
organize an annual conference for state representatives and leaders whose primary 
purpose is to facilitate nonpartisan discussion and coordination amongst states with 
respect to federalism issues;
(3)
study and advise the commission in regards to the creation of a state-led national 
organization focused on strengthening federalism and improving intergovernmental 
relations, including the makeup, duties, and functions of such organization;
(4)
coordinate with private sector actors who agree to conduct out-of-state outreach to build 
national support for the commission's federalism efforts;
(5)
establish informal working groups consisting of public and private stakeholders as is 
appropriate to assist the center in fulfilling the requirements of this section; and
(6)
report to the commission as requested regarding the center's progress in fulfilling the 
requirements of this section.
Section 3, Section 
53B-29-403
 is enacted to read:
53B-29-403
. Federalism-related duties of Herbert Institute.
In consultation with the commission and subject to appropriations by the Legislature, the 
institute shall:
(1)
serve as a liaison between the commission and the center with respect to federalism 
issues;
(2)
conduct outreach and coordination with public and private sector entities to support the 
commission's federalism efforts;
(3)
coordinate with private sector actors who agree to conduct out-of-state outreach to build 
national support for the commission's federalism efforts; and
(4)
report to the commission as requested regarding the institute's progress in fulfilling the 
requirements of this section.
Section 4, Section 
63C-4a-102
 is amended to read:
63C-4a-102
. Definitions.
As used in this chapter:
(1)
"Account" means the Constitutional Defense Restricted Account, created in Section 
63C-4a-402
.
(2)
"Center" means the Center for Constitutional Studies at Utah Valley University.
(2)
(3)
"Commission" means the Federalism Commission, created in Section 
63C-4a-302
.
(3)
(4)
"Constitutional defense plan" means a plan that outlines actions and expenditures to 
fulfill the duties of the commission and the council.
(4)
(5)
"Council" means the Constitutional Defense Council, created in Section 
63C-4a-202
.
(5)
(6)
"Federal governmental entity" means:
(a)
the president of the United States;
(b)
the United States Congress;
(c)
a United States agency; or
(d)
an employee or official appointed by the president of the United States.
(6)
(7)
"Federal issue" means a matter relating to the federal government's dealings with 
the state.
(7)
(8)
"Federal law" means:
(a)
an executive order by the president of the United States;
(b)
a statute passed by the United States Congress;
(c)
a regulation adopted by a United States agency; or
(d)
a policy statement, order, guidance, or action by:
(i)
a United States agency; or
(ii)
an employee or official appointed by the president of the United States.
(9)
"Institute" means the Gary R. Herbert Institute for Public Policy at Utah Valley 
University.
(8)
(10)
"R.S. 2477" means Revised Statute 2477, codified as 43 U.S.C. Section 932.
(9)
(11)
"R.S. 2477 plan" means a guiding document that:
(a)
is developed jointly by the Utah Association of Counties and the state;
(b)
is approved by the council; and
(c)
presents the broad framework of a proposed working relationship between the state 
and participating counties collectively for the purpose of asserting, defending, or 
litigating state and local government rights under R.S. 2477.
(10)
(12)
"United States agency" means a department, agency, authority, commission, 
council, board, office, bureau, or other administrative unit of the executive branch of the 
United States government.
Section 5, Section 
63C-4a-302
 is amended to read:
63C-4a-302
. Creation of Federalism Commission -- Membership -- Meetings -- 
Staff -- Expenses.
(1)
(a)
There is created the Federalism Commission, comprised of the following 
nine
14
voting members:
(i)
the president of the Senate or the president of the Senate's designee who shall 
serve as cochair of the commission;
(ii)
two other members of the Senate, appointed by the president of the Senate;
(iii)
the speaker of the House or the speaker of the House's designee who shall serve 
as cochair of the commission;
(iv)
three other members of the House, appointed by the speaker of the House;
(v)
the minority leader of the Senate or the minority leader of the Senate's designee; 
and
(vi)
the minority leader of the House or the minority leader of the House's designee.
(i)
five members of the Senate appointed by the president of the Senate, comprised of 
four members from the majority party and one member from the minority party; 
and
(ii)
nine members of the House of Representatives appointed by the Speaker of the 
House of Representatives, comprised of seven members from the majority party 
and two members from the minority party.
(b)
(i)
Subject to the provisions of this Subsection (1)(b), the Legislative Management 
Committee may appoint nonvoting members to the commission from a list of 
individuals recommended by the cochairs of the commission.
(ii)
If the Legislative Management Committee chooses to not appoint an individual 
on the list described in Subsection (1)(b)(i), the Legislative Management 
Committee may ask the cochairs of the commission to submit an additional list of 
recommendations.
(iii)
The Legislative Management Committee may not appoint an individual who is 
not recommended by the cochairs of the commission.
(iv)
The nonvoting members appointed by the Legislative Management Committee 
under this Subsection (1)(b) shall be appointed or reappointed for a two-year term.
(v)
When a vacancy of a nonvoting member occurs for any reason, the Legislative 
Management Committee, in consultation with the cochairs of the commission, 
shall appoint a replacement for the unexpired term.
(2)
(a)
A majority of the voting members of the commission constitute a quorum of the 
commission.
(b)
Action by a majority of the members of a quorum constitutes action by the 
commission.
(3)
The commission may meet up to nine times each year, unless additional meetings are 
approved by the Legislative Management Committee.
(4)
The Office of Legislative Research and General Counsel shall provide staff support to 
the commission.
(5)
Compensation and expenses of a member of the commission who is a legislator are 
governed by Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative 
Compensation and Expenses.
(6)
Nothing in this section prohibits the commission from closing a meeting under Title 52, 
Chapter 4, Open and Public Meetings Act, or prohibits the commission from complying 
with Title 63G, Chapter 2, Government Records Access and Management Act.
(7)
The commission may, in the commission's discretion, elect to succeed to the position of 
any of the following under a contract that any of the following are party to, subject to 
applicable contractual provisions:
(a)
the Commission on Federalism;
(b)
the Commission for the Stewardship of Public Lands; and
(c)
the Federal Funds Commission.
(8)
The commission may
:
(a)
open up to two committee bill files per calendar year relating to the commission's 
statutory duties, including the committee bill file described in Subsection 
63L-10-103(6)
; and
(b)
provide assistance to an interim committee regarding a committee bill file opened by 
the interim committee that relates to the commission's duties.
Section 6, Section 
63C-4a-303
 is amended to read:
63C-4a-303
. Federalism Commission to evaluate federal law -- Curriculum on 
federalism -- Environment discussions -- Oversight of Center for Constitutional Studies 
in relation to center's federalism duties.
(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 shall provide an annual report to each interim committee 
concerning any law or action by the federal government that implicates the 
principles of federalism or state sovereignty.
(iii)
The commission may notify the appropriate interim committee of any law or 
action by the federal government that implicates the principles of federalism or 
state sovereignty.
(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:
(i)
fundamental principles of federalism;
(ii)
the sovereignty, supremacy, and jurisdiction of the individual states, including 
their police powers;
(iii)
the history and practical implementation of the Tenth Amendment to the United 
States Constitution;
(iv)
the authority and limits on the authority of the federal government as found in the 
United States Constitution;
(v)
the relationship between the state and federal governments;
(vi)
methods of evaluating a federal law in the context of the principles of federalism;
(vii)
how and when challenges should be made to a federal law or regulation on the 
basis of federalism;
(viii)
the separate and independent powers of the state that serve as a check on the 
federal government;
(ix)
first amendment rights and freedoms contained therein; and
(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.
(10)
The commission shall comply with Section 
19-1-110
 in discussions with the 
Department of Environmental Quality on issues related to the environment or the 
functioning of the Department of Environmental Quality.
(11)
The commission shall:
(a)
coordinate with and make recommendations to the center concerning the center's 
federalism-related duties under Section 
53B-29-402
, including:
(i)
the development of the federalism education and training program under 
Subsection 
53B-29-402(1)
; and
(ii)
the scope and objectives of:
(A)
the annual federalism conference organized under Subsection 
53B-29-402(2)
;
(B)
the study conducted under Subsection 
53B-29-402(3)
; and
(C)
the center's coordination efforts under Subsection 
53B-29-402(4)
;
(b)
coordinate with and make recommendations to the institute regarding the institute's 
federalism-related duties under Section 
53B-29-403
; and
(c)
report annually to the Legislative Management Committee regarding:
(i)
the center's progress in fulfilling the requirements of Section 
53B-29-402
; and
(ii)
the institute's progress in fulfilling the requirements of Section 
53B-29-403
.
(12)
Each executive branch agency shall, at the request of the commission, designate a 
contact person to coordinate with the commission regarding the federalism education 
and training program developed under Section 
53B-29-402
 for purposes of:
(a)
determining the extent of federal jurisdiction in the agency's resource sphere;
(b)
determining whether federal action exceeds the federal government's jurisdictional 
authority;
(c)
assessing what actions the agency may take in the event that federal action exceeds 
the federal government's jurisdictional authority; and
(d)
assessing how actions described in Subsection (12)(c) may better enable the agency 
to use the agency's best judgment in serving the people of Utah.
Section 7. 
FY 2026 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1, 
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for 
fiscal year 2026. 
Subsection 7(a).
Operating and Capital Budgets
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the 
Legislature appropriates the following sums of money from the funds or accounts indicated for 
the use and support of the government of the state of Utah.
Higher Education
Utah Valley University
ITEM 1
Utah Valley University - Education and General
From Income Tax Fund
560,000
From Income Tax Fund, One-time
350,000
Public Service
910,000
The Legislature intends that the Center for 
Constitutional Studies at Utah Valley University use 
$500,000 of the ongoing appropriation provided under 
this item and the $350,000 one-time appropriation 
provided under this item to fulfill the requirements of 
Utah Code Annotated Section 
53B-29-402
.
The Legislature further intends that the Herbert 
Institute at Utah Valley University use $60,000 of the 
ongoing appropriation provided under this item to fulfill 
the requirements of Utah Code Annotated Section 
53B-29-403
. 
Section 8. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 10:36 AM