This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 8, 2017 at 10:01 AM by lucydaynes.
Senator Allen M. Christensen proposes the following substitute bill:




Chief Sponsor: Ken Ivory

Senate Sponsor: Allen M. Christensen


8     General Description:
9          This bill modifies provisions relating to federalism.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies duties of the Commission on Federalism; and
13          ▸     appropriates money to pay costs associated with the Commission on Federalism
14     fulfilling its duties and for the development and expansion of a federalism
15     curriculum.
16     Money Appropriated in this Bill:
17          This bill appropriates in fiscal year 2018:
18          ▸     to the Legislature -- Office of Legislative Research and General Counsel, as a
19     one-time appropriation:
20               •     from the General Fund, $350,000.
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          63C-4a-303, as last amended by Laws of Utah 2014, Chapter 221


27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 63C-4a-303 is amended to read:
29          63C-4a-303. Duties of Commission on Federalism.
30          (1) In accordance with Section 63C-4a-304, the commission may evaluate a federal
31     law:
32          (a) as agreed by a majority of the commission; or
33          (b) submitted to the commission by a council member.
34          (2) The commission may request information regarding a federal law under evaluation
35     from a United States senator or representative elected from the state.
36          (3) If the commission finds that a federal law is not authorized by the United States
37     Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a
38     commission cochair may:
39          (a) request from a United States senator or representative elected from the state:
40          (i) information about the federal law; or
41          (ii) assistance in communicating with a federal governmental entity regarding the
42     federal law;
43          (b) (i) give written notice of an evaluation made under Subsection (1) to the federal
44     governmental entity responsible for adopting or administering the federal law; and
45          (ii) request a response by a specific date to the evaluation from the federal
46     governmental entity; and
47          (c) request a meeting, conducted in person or by electronic means, with the federal
48     governmental entity, a representative from another state, or a United States Senator or
49     Representative elected from the state to discuss the evaluation of federal law and any possible
50     remedy.
51          (4) The commission may recommend to the governor that the governor call a special
52     session of the Legislature to give the Legislature an opportunity to respond to the commission's
53     evaluation of a federal law.
54          (5) A commission cochair may coordinate the evaluation of and response to federal law
55     with another state as provided in Section 63C-4a-305.
56          (6) On May 20 and October 20 of each year, the commission shall submit a report by

57     electronic mail to the Legislative Management Committee and the Government Operations
58     Interim Committee that summarizes:
59          (a) action taken by the commission in accordance with this section; and
60          (b) action taken by, or communication received from, any of the following in response
61     to a request or inquiry made, or other action taken, by the commission:
62          (i) a United States senator or representative elected from the state;
63          (ii) a representative of another state; or
64          (iii) a federal entity, official, or employee.
65          (7) The commission shall keep a current list on the Legislature's website of:
66          (a) a federal law that the commission evaluates under Subsection (1);
67          (b) an action taken by a cochair of the commission under Subsection (3);
68          (c) any coordination undertaken with another state under Section 63C-4a-305; and
69          (d) any response received from a federal government entity that was requested under
70     Subsection (3).
71          (8) The commission shall develop curriculum for a seminar on the principles of
72     federalism. The curriculum shall be available to the general public and include:
73          (a) fundamental principles of federalism;
74          (b) the sovereignty, supremacy, and jurisdiction of the individual states, including their
75     police powers;
76          (c) the history and practical implementation of the Tenth Amendment to the United
77     States Constitution;
78          (d) the authority and limits on the authority of the federal government as found in the
79     United States Constitution;
80          (e) the relationship between the state and federal governments, including the
81     jurisdictional line between state and federal governments and the right, power, and authority of
82     the states to maintain and defend the line;
83          (f) methods of evaluating a federal law in the context of the principles of federalism;
84          (g) how and when challenges should be made to a federal law or regulation on the basis
85     of federalism;
86          (h) the separate and independent powers of the state that serve as a check on the federal
87     government;

88          (i) the power of the states to adjust or clarify the line dividing retained powers from
89     delegated powers Ŝ→ ; [
, including by action under Article V of the United States Constitution;] ←Ŝ
90          [(i)] (j) first amendment rights and freedoms contained therein; and
91          [(j)] (k) any other issues relating to federalism the commission considers necessary.
92          (9) (a) The commission shall:
93          (i) study the practical application of fundamental principles of federalism in the context
94     of present-day efforts by states to restore our system of federalism that contemplates a federal
95     government with limited, delegated powers in order to secure the liberty of our people;
96          (ii) develop specific and actionable strategies that state and local governments may
97     pursue to restore clearly defined divisions and limits of governing authority between state and
98     national governments;
99          (iii) coordinate nationally with public officials, legislative committees, and
100     organizations to augment and implement the federalism principles and strategies; and
101          (iv) include the fundamental principles and actionable federalism strategies in the
102     curriculum developed under Subsection (8), as well as in a format for primary and secondary
103     education on federalism principles and actionable strategies.
104          (b) The commission may engage one or more consultants, including an institution of
105     higher education, to assist the commission in fulfilling the commission's duties under
106     Subsection (9)(a).
107          [(9)] (10) The commission may apply for and receive grants, and receive private
108     donations to assist in funding the creation, enhancement, and dissemination of the curriculum.
109          Section 2. Appropriation.
110          The following sum of money is appropriated for the fiscal year beginning July 1, 2017
111     and ending June 30, 2018. This is an addition to amounts previously appropriated for fiscal
112     year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act,
113     the Legislature appropriates the following sum of money from the fund or account indicated for
114     the use and support of the government of the state of Utah.
115          To the Legislature -- Office of Legislative Research and General Counsel
116               From General Fund, One-time                         $350,000
117               Schedule of Programs:
118                    Administration                    $350,000

119          The Legislature intends that the Office of Legislative Research and General Counsel
120     use this appropriation to pay:
121          (1) costs incurred by the Commission on Federalism to fulfill its responsibilities under
122     Subsection 63C-4a-303(9), including the development of specific and actionable strategies to
123     restore clearly defined divisions and limits of governing authority between state and national
124     governments; and
125          (2) the costs of developing and expanding the federalism curriculum the Commission
126     on Federalism is required to develop under Subsection 63C-4a-303(8).