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
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
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
*HB0141*
HB0141