FY 2016 Appropriation

The Commission on Federalism advises the Governor and the Legislature on matters concerning Articles IX and X of the United States Constitution. These matters center around the constitutionality of federal mandates, and the rationale for, and effectiveness of, federal mandates or regulations. Specific areas of focus include water rights, private property ownership, the rights of state and local governments to govern and provide for their respective citizens, land management, mining, timber, ranching, and Environmental Protection Agency mandates for local air quality standards and penalties.

Funding History
Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $250,000 from all sources for Commission on Federalism. This is a 0 percent change from Fiscal Year 2015 revised estimated amounts from all sources.

Statute

Constitutional Defense Council - 63C-4a-201 through 203

Commission on Federalism - 63C-4a-301 through 305

This program has undergone recent statutory changes in the 2013, 2012, and 2011 General Sessions. Former titles of the program include (1) Constitutional Defense Council (CDC), and (2) Federal Law Evaluation and Response.

The Commission on Federalism was formerly a subsidiary of the CDC called the the Federalism Subcommittee. The Subcommittee was created and authorized during the 2011 General Session by HB 76, "Federal Law Evaluation and Response".

The Federalism Subcommittee was repealed during the 2013 General Session by HB 131, "Constitutional And Federalism Defense Act." With this legislation, the Commission on Federalism was created statutorily and it maintained the functions of the former Federalism Subcommittee, with minor structural changes. This statute is located in UCA 63C-4a-302. The Commission consists of the following members:

  • the President of the Senate or designee;
  • one additional member of the Senate;
  • the Speaker of the House or designee;
  • two additional members of the House;
  • the minority leader of the Senate or designee;
  • the minority leader of the House or designee.

    • "Federal Law Evaluation and Response" is the basic function of the commission (UCA 63C-4a-303). The United States Constitution is the standard by which laws are evaluated and criteria for an evaluation are set forth in UCA 63C-4a-304.

    For federal laws found by the Commission to be unconstitutional, it is authorized to:

  • Request information from federal governmental entities and other states regarding those laws;
  • Communicate evaluation results through written notice to these entities;
  • Request a response to evaluations from the entities above; and,
  • Request and conduct meetings with these entities to discuss law(s) in question.

    • Additionally, the Commission may recommend to the Governor the need for a special session to obtain a legislative response to an evaluation.

    Intent Language

    HB0003: Item 1

    Under section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided to the Governor's Office in Item 13, Chapter 14, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015.

    Special Funds

    Constitutional Defense Restricted Account. Created and authorized in UCA 63C-4a-402.

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    COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.