Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 265 (2025GS)

Sponsor

Sen. Sandall, Scott D.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• expands the definition of "government officer" under the Utah Constitutional Sovereignty Act (Sovereignty Act) to include employees of public school districts and institutions of higher education;
• replaces a concurrent resolution with legislation as the format for legislative action under the Sovereignty Act;
• modifies the time at which notice is provided to tribal governments regarding legislative action;
• addresses requirements for amending or repealing legislation passed under the Sovereignty Act; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

4
63G-16-201
63G-16-202
0
Utah Constitutional Sovereignty Act Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: Ken Ivory
LONG TITLE
General Description:
This bill modifies provisions in the Utah Constitutional Sovereignty Act.
Highlighted Provisions:
This bill:
expands the definition of "government officer" under the Utah Constitutional Sovereignty 
Act (Sovereignty Act) to include employees of public school districts and institutions of 
higher education;
replaces a concurrent resolution with legislation as the format for legislative action under 
the Sovereignty Act;
modifies the time at which notice is provided to tribal governments regarding legislative 
action;
addresses requirements for amending or repealing legislation passed under the 
Sovereignty Act; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-16-201
, as enacted by Laws of Utah 2024, Chapter 11
63G-16-202
, as enacted by Laws of Utah 2024, Chapter 11
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
63G-16-201
 is amended to read:
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)
(a)
"Federal directive" means:
(i)
a statute passed by the United States Congress;
(ii)
an executive order by the president of the United States;
(iii)
a rule or regulation adopted by a federal agency; or
(iv)
an order or action by:
(A)
a federal agency; or
(B)
an employee or official appointed by the president of the United States.
(b)
"Federal directive" does not include any order by the federal government calling the 
Utah National Guard into the service 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
.
; or
(v)
an individual employed by:
(A)
an institution of higher education described in Section 
53B-2-101
; or
(B)
a school district as defined in Section 
53G-11-501
.
(b)
"Government officer" does not include a member or employee 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 amended to read:
63G-16-202
. Legislation invoking state sovereignty -- Requirements -- 
Amendment or repeal -- Effect of inaction -- Relation to other law.
(1)
The Legislature may, by 
concurrent resolution
passing legislation in accordance with 
this section
, 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
For purposes of this section, 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
The Office 
of Legislative Research and General Counsel may not open a request for legislation 
under this section
 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, identical 
motions to approve the request are made in each chamber of the Legislature and both 
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
legislation 
under Subsection 
(1)
 may have on current or anticipated litigation.
(5)
Upon the 
filing of a request for a concurrent resolution
numbering of legislation
 under 
Subsection (1), the Legislature shall provide notice of the 
concurrent resolution, 
including the short title and proposed objectives,
legislation
 to the representatives of 
tribal governments listed in Subsection 
9-9-104.5
(2)(b).
(6)
A concurrent resolution
Legislation
 under Subsection (1) shall:
(a)
identify the federal directive the Legislature has determined violates the principles of 
state sovereignty 
under
in accordance with
 Subsection (2);
(b)
include the information or findings upon which the Legislature has made the 
determination in Subsection (6)(a);
(c)
specify the government officers to which the 
concurrent resolution
legislation
applies;
(d)
explain the effect that the 
concurrent resolution
legislation
 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 
(6)(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 
(6)(c) to comply with the 
concurrent resolution
legislation
.
(7)
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.
(8)
The requirements for filing a request for a concurrent resolution in Subsection (3) 
apply to a concurrent resolution described in Subsection (7)(b).
(7)
After legislation under Subsection 
(1)
 is passed, the legislation may be amended or 
repealed only by legislation opened in accordance with Subsection 
(3)
.
(9)
(8)
The inaction of the Legislature in determining that a federal directive violates the 
principles of state sovereignty by 
concurrent resolution
passing legislation
 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.
(10)
(9)
This section supersedes any conflicting provisions of Utah law.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 3:52 PM