Chief Sponsor: Norman K Thurston

Senate Sponsor: ____________


8     General Description:
9          This bill changes Utah's designated time zone and observance of daylight saving time.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies Utah's observance of daylight saving time; and
13          ▸     changes Utah's designated time zone.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     ENACTS:
20          63M-1-208, Utah Code Annotated 1953
21          63M-1-209, Utah Code Annotated 1953

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 63M-1-208 is enacted to read:
25          63M-1-208. Daylight saving time exemption.
26          (1) As used in this section, "daylight saving time" means the period during a year when
27     the observed time is advanced one hour according to the provisions of 15 U.S.C. Sec. 260a.

28          (2) Notwithstanding any other provision of law to the contrary relating to the adoption
29     of daylight saving time by all of the states, the state of Utah hereby exempts all areas of the
30     state from the daylight saving time provisions contained in 15 U.S.C. Sec. 260a.
31          (3) The state of Utah shall observe standard time on a year-round basis, without the
32     observance of daylight saving time.
33          Section 2. Section 63M-1-209 is enacted to read:
34          63M-1-209. Time zone.
35          (1) As used in this section, "standard time zone" means the nine standard zones of time
36     established in 15 U.S.C. Secs. 261 and 263.
37          (2) Notwithstanding any other provision of law to the contrary, the state of Utah shall
38     observe the time designated in the central standard time zone as established in 15 U.S.C. Secs.
39     261 and 263.

Legislative Review Note
     as of 2-2-15 12:42 PM

The Utah Legislature's Joint Rule 4-2-402 requires legislative general counsel to place
a legislative review note on legislation. The Legislative Management Committee has further
directed legislative general counsel to include legal analysis in the legislative review note only
if legislative general counsel determines there is a high probability that a court would declare
the legislation to be unconstitutional under the Utah Constitution, the United States
Constitution, or both. As explained in the legal analysis below, legislative general counsel has
determined, based on applicable state and federal constitutional language and current
interpretations of that language in state and federal court case law, that this legislation has a
high probability of being declared unconstitutional by a court. This bill: (1) defines and exempts the state of Utah from the observance of daylight saving
time, which is regulated by 15 U.S.C. § 260a; and (2) requires that the state of Utah observe
central standard time, as established in 15 U.S.C. §§ 261 and 263. These provisions are part of
the federal Uniform Time Act, which sets uniform national standards for the regulation of time
zones and for the observance of daylight saving time.
When interpreting the United States Constitution's Supremacy Clause, Article VI, Section 2,
the U.S. Supreme Court has "long recognized that state laws that conflict with federal law are
'without effect.'" Altira Group, Inc. v. Good, 555 U.S. 70, 76 (2008) (citation omitted). The
Uniform Time Act gives the United States Secretary of Transportation the power to define and
change the "limits of each [time] zone." 15 U.S.C. § 261. The act also grants the Secretary of
Transportation the power to "apply to the district court of the United States for the district in
which such violation occurs for the enforcement of this section; and [grants the court]

jurisdiction to enforce obedience [to the act] by writ of injunction or by other process,
mandatory or otherwise, restraining against further violations of [the act]." Id. § 260a(c).
This bill changes the designated time zone of Utah from mountain standard time to central
standard time without the endorsement of the United States Secretary of Transportation or the
United States Congress. That direct conflict results in a high probability that a court will hold
that the bill is preempted by federal law and is unconstitutional under the Supremacy Clause.
Office of Legislative Research and General Counsel