First Substitute S.B. 144

Senator Scott K. Jenkins proposes the following substitute bill:

1 PARAMETERS ON GOVERNOR'S ABILITY TO
2 ENTER AGREEMENTS BINDING THE STATE
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Scott K. Jenkins
6 House Sponsor: Kevin S. Garn
7
8 LONG TITLE
9 General Description:
10 This bill requires legislative approval of certain interstate agreements.
11 Highlighted Provisions:
12 This bill:
13 . provides definitions; and
14 . requires legislative approval of certain interstate agreements.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill coordinates with H.B. 63, Recodification of Title 63 State Affairs in General,
19 by providing technical renumbering.
20 Utah Code Sections Affected:
21 ENACTS:
22 63-8a-101, Utah Code Annotated 1953
23 63-8a-102, Utah Code Annotated 1953
24 63-8a-201, Utah Code Annotated 1953
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 63-8a-101 is enacted to read:
28 CHAPTER 8a. INTERSTATE COMPACTS AND AGREEMENTS
29 Part 1. General Provisions
30 63-8a-101. Title.
31 This chapter is known as "Interstate Compacts and Agreements."
32 Section 2. Section 63-8a-102 is enacted to read:
33 63-8a-102. Definitions.
34 As used in this chapter:
35 (1) "Agency head" means a cabinet officer, an elected official, an executive director, or
36 a board or commission vested with the authority to administer or make policy for a state
37 agency.
38 (2) "Executive officer" means:
39 (a) the governor;
40 (b) the lieutenant governor;
41 (c) the attorney general;
42 (d) the state treasurer;
43 (e) the state auditor;
44 (f) agency head; or
45 (g) any other person or entity vested with the authority to enter into an agreement on
46 behalf of the state.
47 (3) (a) "Interstate agreement" means any agreement entered into between this state and:
48 (i) one or more other states;
49 (ii) an Indian tribe as defined in Section 9-9-402 ; or
50 (iii) a foreign government.
51 (b) "Interstate agreement" includes an interstate compact, whether or not the compact
52 requires federal congressional approval.
53 (c) "Interstate agreement" does not mean:
54 (i) an agreement entered into by the governor dealing with extradition or other matters
55 dealing with incarceration; or
56 (ii) an agreement entered into by an executive officer under authority that:

57 (A) is granted by the Legislature; and
58 (B) explicitly authorizes the executive officer to enter into the agreement.
59 (4) (a) "State agency" means:
60 (i) each department, commission, board, council, agency, institution, officer,
61 corporation, fund, division, office, committee, authority, hospital, college, university,
62 laboratory, library, unit, bureau, panel, program, or other instrumentality of the state; and
63 (ii) each state public education entity.
64 (b) "State agency" does not mean:
65 (i) a legislative branch agency;
66 (ii) an independent agency;
67 (iii) a county, municipality, school district, local district, or special service district; or
68 (iv) any administrative subdivision of a county, municipality, school district, local
69 district, or special service district.
70 Section 3. Section 63-8a-201 is enacted to read:
71 Part 2. Legislative Approval of Interstate Agreements
72 63-8a-201. Approval of significant interstate agreements -- Validity.
73 (1) (a) Before legally binding the state by executing an interstate agreement on or after
74 May 5, 2008, an executive officer shall:
75 (i) submit the proposed interstate agreement to the governor for the governor's written
76 approval or rejection; and
77 (ii) if the governor approves the interstate agreement, submit the interstate agreement
78 to the Legislature in an annual general session or a special session for its approval by:
79 (A) a concurrent resolution approving or rejecting the agreement; or
80 (B) enacting the agreement into law.
81 (b) (i) If the governor and the Legislature approve the interstate agreement, the
82 executive officer may execute the agreement.
83 (ii) If the governor or the Legislature rejects the interstate agreement, the executive
84 officer may not execute the agreement.
85 (2) If an executive officer executes an interstate agreement without obtaining the
86 governor's approval or the Legislature's approval as required by Subsection (1), the agreement
87 is void ab initio.

88 Section 4. Coordinating S.B. 144 with H.B. 63 -- Technical renumbering.
89 If this S.B. 144 and H.B. 63, Recodification of Title 63 State Affairs in General, both
90 pass, it is the intent of the Legislature that the Office of Legislative Research and General
91 Counsel, in preparing the Utah Code database for publication renumber Sections 63-8a-101
92 through 63-8a-201 to 63G-11-101 through 63G-11-201 and change all internal references.