House of Representatives State of Utah




         UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL

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         P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029         February 14, 2012

Madam Speaker:

    The Judiciary Committee reports a favorable recommendation on H.B. 141, STATE SOVEREIGNTY AND RIGHTS OF SET-OFF, by Representative L. Christensen, with the following amendments:

1.    Page 1, Lines 16 through 21 :    

             16          .    reserves all rights of the state to claim a credit or set-off for any amount

  inequitably or unlawfully claimed by the federal government.            {   the state

             17      may incur due to the loss or wrongful withholding of its public lands or for the
             18      incarceration of illegal aliens that are not reimbursed by the federal government
             19      against any amount that the state is claimed to owe the federal government; and
             20          .    provides that the state is relieved of all liability for the payment of funds owed to
             21      the federal government for which the state exercises its rights of set-off.  
}


2.    Page 2, Lines 38 through 47 :    

             38      the State of Utah against any amounts
  it claims to have been inequitably or unlawfully imposed by the federal government.            {   the state may be unlawfullyclaimed to owe the federal government.

(2) The state may exercise and apply as a credit, any amounts the state incurs due to the
             40      violation of the state's sovereign powers or other acts and omissions of the federal government,
             41      including:
             42          (a) all costs and damages sustained by the state due to the loss or wrongful withholding
             43      of its public lands; and
             44          (b) all costs of incarceration of illegal aliens for crimes committed in the state if and to
             45      such extent as those costs are not fully reimbursed by the federal government.


             46          (3) The state is not liable for any amounts or federal claims which are subject to this
             47      section or other legal and equitable protections of the state's interests.  
}


    Respectfully,

    Kay L. McIff
    Committee Chair
Voting: 10-0-3
3 HB0141.HC1.wpd 2/14/12 3:54 pm /JDH SCA/NWB


Bill Number
Action Class
Action Code

*HB0141*
*H*
*HCRAMD*

HB0141
H
HCRAMD