Second 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;
14 . requires legislative approval of certain interstate agreements entered into on or after
15 May 5, 2008; and
16 . provides certain exceptions.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill coordinates with H.B. 63, Recodification of Title 63 State Affairs in General,
21 by providing technical renumbering.
22 Utah Code Sections Affected:
23 ENACTS:
24 63-8a-101, Utah Code Annotated 1953
25 63-8a-102, Utah Code Annotated 1953

26 63-8a-201, Utah Code Annotated 1953
27 63-8a-202, Utah Code Annotated 1953
28 63-8a-203, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 63-8a-101 is enacted to read:
32 CHAPTER 8a. INTERSTATE COMPACTS AND AGREEMENTS
33 Part 1. General Provisions
34 63-8a-101. Title.
35 This chapter is known as "Interstate Compacts and Agreements."
36 Section 2. Section 63-8a-102 is enacted to read:
37 63-8a-102. Definitions.
38 As used in this chapter:
39 (1) "Agency head" means a cabinet officer, an elected official, an executive director, or
40 a board or commission vested with the authority to administer or make policy for a state
41 agency.
42 (2) "Executive officer" means:
43 (a) the governor;
44 (b) the lieutenant governor;
45 (c) the attorney general;
46 (d) the state treasurer;
47 (e) the state auditor;
48 (f) agency head; or
49 (g) any other person or entity vested with the authority to enter into an agreement on
50 behalf of the state.
51 (3) "Interstate agreement" means any agreement that is entered into between this state
52 and:
53 (a) one or more other states;
54 (b) an Indian tribe as defined in Section 9-9-402 ; or
55 (c) a foreign government; and
56 (4) (a) "Significant interstate agreement" means an interstate agreement that:

57 (A) could or would require a statute or rule change in order to implement the
58 agreement or to conform to its provisions or requirements;
59 (B) could or would require the state to expend more than $50,000 in order to
60 implement the agreement or to conform to its provisions or requirements; or
61 (C) would legally bind the state to a new or substantially different policy in order to
62 implement the agreement or to conform to its provisions or requirements.
63 (b) "Significant interstate agreement" includes an interstate compact, whether or not
64 the compact requires federal congressional approval.
65 (c) "Significant interstate agreement" does not mean:
66 (i) an agreement entered into by the governor dealing with extradition or other matters
67 dealing with incarceration; or
68 (ii) an agreement entered into by an executive officer under authority that:
69 (A) is granted by the Legislature; and
70 (B) explicitly authorizes the executive officer to enter into the agreement.
71 (4) (a) "State agency" means:
72 (i) each department, commission, board, council, agency, institution, officer,
73 corporation, fund, division, office, committee, authority, hospital, laboratory, library, unit,
74 bureau, panel, program, or other instrumentality of the state; and
75 (ii) each state public education entity.
76 (b) "State agency" does not mean:
77 (i) a legislative branch agency;
78 (ii) an independent agency;
79 (iii) a state institution of higher education as defined Section 53B-3-102 ;
80 (iv) a county, municipality, school district, local district, or special service district; or
81 (v) any administrative subdivision of a county, municipality, school district, local
82 district, or special service district.
83 Section 3. Section 63-8a-201 is enacted to read:
84 Part 2. Legislative Approval of Interstate Agreements
85 63-8a-201. Approval of significant interstate agreements -- Validity.
86 (1) (a) Before legally binding the state by executing a significant interstate agreement,
87 an executive officer shall:

88 (i) submit the proposed significant interstate agreement to the governor for the
89 governor's written approval or rejection; and
90 (ii) if the governor approves the significant interstate agreement, submit the significant
91 interstate agreement to the Legislature for the Legislature's approval or rejection by means of:
92 (A) a concurrent resolution approving or rejecting the agreement; or
93 (B) enacting the agreement into law.
94 (b) (i) If the Legislature approves the agreement as required by this section, the
95 executive officer may execute the significant interstate agreement.
96 (ii) If the Legislature rejects the agreement, the executive officer may not execute the
97 significant interstate agreement.
98 (2) If an executive officer executes a significant interstate agreement without obtaining
99 the governor's approval or the Legislature's approval as required by Subsection (1), the
100 agreement is void ab initio.
101 (3) The requirements of this section do not apply to a significant interstate agreement
102 that is entered into:
103 (a) before May 5, 2008; or
104 (b) by a state institution of higher education as defined in Section 53B-3-102 .
105 Section 4. Section 63-8a-202 is enacted to read:
106 63-8a-202. Other interstate agreements.
107 Notwithstanding the provisions of this chapter, the Legislature may enact legislation
108 prohibiting the enactment of an interstate agreement even if the agreement is not a significant
109 interstate agreement as defined in this chapter.
110 Section 5. Section 63-8a-203 is enacted to read:
111 63-8a-203. Application of chapter in emergencies.
112 (1) Notwithstanding the requirements of Section 63-8a-201 , an executive officer may
113 enter into a significant interstate agreement on a temporary basis without legislative approval
114 during:
115 (a) an emergency or major disaster declared by the President of the United States of
116 America; or
117 (b) a state of emergency declared by the governor under Section 63-5a-5 .
118 (2) If a significant interstate agreement is entered into without legislative approval

119 under Subsection (1), the executive officer entering into the agreement shall provide notice of
120 the execution of the agreement to the Legislature at the next meeting of the Executive
121 Appropriations Subcommittee of the Legislature and shall comply with the requirements of
122 Section 63-8a-201 to thereafter obtain the approval of the Legislature.
123 Section 6. Coordinating S.B. 144 with H.B. 63 -- Technical renumbering.
124 If this S.B. 144 and H.B. 63, Recodification of Title 63 State Affairs in General, both
125 pass, it is the intent of the Legislature that the Office of Legislative Research and General
126 Counsel, in preparing the Utah Code database for publication renumber Sections 63-8a-101
127 through 63-8a-203 to 63G-11-101 through 63G-11-203 and change all internal references.