Chief Sponsor: Ken Ivory

Senate Sponsor: Kirk A. Cullimore


8     General Description:
9          This bill amends provisions related to the Federalism Commission.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to the Federalism Commission's role in reviewing federal
13     laws for compliance with the principles of federalism;
14          ▸     allows the Federalism Commission to contract with a third party that is a Utah
15     institution of higher education to evaluate federal laws for compliance with the
16     principles of federalism;
17          ▸     allows the Federalism Commission to analyze and provide recommendations on
18     federal laws and programs; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          63C-4a-303, as last amended by Laws of Utah 2019, Chapter 246
27          63C-4a-304, as renumbered and amended by Laws of Utah 2013, Chapter 101

29     Be it enacted by the Legislature of the state of Utah:

30          Section 1. Section 63C-4a-303 is amended to read:
31          63C-4a-303. Federalism Commission to evaluate federal law -- Curriculum on
32     federalism.
33          (1) (a) In accordance with Section 63C-4a-304, the commission may evaluate a federal
34     law:
35          [(a)] (i) as agreed by a majority of the commission; [or]
36          [(b)] (ii) submitted to the commission by a council member[.]; or
37          (iii) reported to the commission in accordance with Subsection (1)(b).
38          (b) (i) To assist the commission in the evaluation of federal law as required in this
39     section and Section 63C-4a-304, the commission may contract with a third party that is a Utah
40     institution of higher education to monitor federal law for possible implications on the
41     principles of federalism.
42          (ii) A third party contracted to monitor federal law as described in Subsection (1)(b)(i)
43     shall:
44          (A) monitor federal law for possible implications on the principles of federalism and
45     state sovereignty; and
46          (B) report to the commission any law or action by the federal government that may
47     implicate the principles of federalism or state sovereignty.
48          (2) The commission may request information regarding a federal law under evaluation
49     from a United States senator or representative elected from the state.
50          (3) If the commission finds that a federal law is not authorized by the United States
51     Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a
52     commission cochair or the commission may:
53          (a) request from a United States senator or representative elected from the state:
54          (i) information about the federal law; or
55          (ii) assistance in communicating with a federal governmental entity regarding the
56     federal law;
57          (b) (i) give written notice of an evaluation made under Subsection (1) to the federal

58     governmental entity responsible for adopting or administering the federal law; and
59          (ii) request a response by a specific date to the evaluation from the federal
60     governmental entity; [and]
61          (c) request a meeting, conducted in person or by electronic means, with the federal
62     governmental entity, a representative from another state, or a United States Senator or
63     Representative elected from the state to discuss the evaluation of federal law and any possible
64     remedy[.]; or
65          (d) give written notice of an evaluation and the conclusions of the commission to any
66     other relevant entity.
67          (4) The commission may recommend to the governor that the governor call a special
68     session of the Legislature to give the Legislature an opportunity to respond to the commission's
69     evaluation of a federal law.
70          (5) A commission cochair may coordinate the evaluation of and response to federal law
71     with another state as provided in Section 63C-4a-305.
72          (6) The commission shall keep a current list on the Legislature's website of:
73          (a) a federal law that the commission evaluates under Subsection (1);
74          (b) an action taken by a cochair of the commission or the commission under
75     Subsection (3);
76          (c) any coordination undertaken with another state under Section 63C-4a-305; and
77          (d) any response received from a federal government entity that was requested under
78     Subsection (3).
79          (7) The commission shall develop curriculum for a seminar on the principles of
80     federalism. The curriculum shall be available to the general public and include:
81          (a) fundamental principles of federalism;
82          (b) the sovereignty, supremacy, and jurisdiction of the individual states, including their
83     police powers;
84          (c) the history and practical implementation of the Tenth Amendment to the United
85     States Constitution;

86          (d) the authority and limits on the authority of the federal government as found in the
87     United States Constitution;
88          (e) the relationship between the state and federal governments;
89          (f) methods of evaluating a federal law in the context of the principles of federalism;
90          (g) how and when challenges should be made to a federal law or regulation on the basis
91     of federalism;
92          (h) the separate and independent powers of the state that serve as a check on the federal
93     government;
94          (i) first amendment rights and freedoms contained therein; and
95          (j) any other issues relating to federalism the commission considers necessary.
96          (8) The commission may apply for and receive grants, and receive private donations to
97     assist in funding the creation, enhancement, and dissemination of the curriculum.
98          (9) The commission shall submit a report on or before November 30 of each year to the
99     Government Operations Interim Committee and the Natural Resources, Agriculture, and
100     Environment Interim Committee that:
101          (a) describes any action taken by the commission under Section 63C-4a-303; and
102          (b) includes any proposed legislation the commission recommends.
103          Section 2. Section 63C-4a-304 is amended to read:
104          63C-4a-304. Standard for evaluation of federal law.
105          (1) The commission shall evaluate whether a federal law evaluated under Section
106     63C-4a-303 is authorized by:
107          (a) United States Constitution, Article I, Section 2, to provide for the decennial census;
108          (b) United States Constitution, Article I, Section 4, to override state laws regulating the
109     times, places, and manner of congressional elections, other than the place of senatorial
110     elections;
111          (c) United States Constitution, Article I, Section 7, to veto bills, orders, and resolutions
112     by Congress;
113          (d) United States Constitution, Article I, Section 8, to:

114          (i) lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for
115     the common defense and general welfare of the United States, but all duties, imposts, and
116     excises shall be uniform throughout the United States;
117          (ii) borrow money on the credit of the United States;
118          (iii) regulate commerce with foreign nations, among the several states, and with the
119     Indian tribes;
120          (iv) establish a uniform rule of naturalization and uniform laws on the subject of
121     bankruptcies throughout the United States;
122          (v) coin money, regulate the value of coin money and of foreign coin, and fix the
123     standard of weights and measures;
124          (vi) provide for the punishment of counterfeiting the securities and current coin of the
125     United States;
126          (vii) establish post offices and post roads;
127          (viii) promote the progress of science and useful arts, by securing for limited times to
128     authors and inventors the exclusive right to their respective writings and discoveries;
129          (ix) constitute tribunals inferior to the supreme court;
130          (x) define and punish piracies and felonies committed on the high seas and offences
131     against the law of nations;
132          (xi) declare war, grant letters of marque and reprisal, and make rules concerning
133     captures on land and water;
134          (xii) raise and support armies, but no appropriation of money to that use shall be for a
135     longer term than two years;
136          (xiii) provide and maintain a navy;
137          (xiv) make rules for the government and regulation of the land and naval forces;
138          (xv) provide for calling forth the militia to execute the laws of the union, suppress
139     insurrections, and repel invasions;
140          (xvi) provide for organizing, arming, and disciplining the militia, and for governing the
141     part of the militia that may be employed in the service of the United States, reserving to the

142     states respectively, the appointment of the officers and the authority of training the militia
143     according to the discipline prescribed by Congress;
144          (xvii) exercise exclusive legislation in all cases whatsoever, over such district, which
145     may not exceed 10 miles square, as may, by cession of particular states and the acceptance of
146     Congress, become the seat of the government of the United States, and to exercise like
147     authority over all places purchased by the consent of the legislature of the state in which the
148     place shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful
149     buildings; or
150          (xviii) make all laws which shall be necessary and proper for carrying into execution
151     the powers listed in this section, and all other powers vested by the United States Constitution
152     in the government of the United States, or in any department or officer of the United States;
153          (e) United States Constitution, Article I, Section 9, to authorize a federal officer to
154     receive benefits from a foreign nation;
155          (f) United States Constitution, Article I, Section 10, to fix the pay of members of
156     Congress and of federal officers;
157          (g) United States Constitution, Article II, Section 1, to:
158          (i) set the time for choosing electors; or
159          (ii) establish who succeeded to the presidency after the vice president;
160          (h) United States Constitution, Article II, Section 2, to:
161          (i) serve as Commander-in-Chief of the armed forces;
162          (ii) require the written opinions of executive officers;
163          (iii) grant reprieves and pardons;
164          (iv) make vacancy appointments;
165          (v) make treaties, subject to the advice and consent of the United States Senate;
166          (vi) appoint foreign affairs officers subject to the advice and consent of the United
167     States Senate;
168          (vii) appoint domestic affairs officers subject either to the advice and consent of the
169     United States Senate or pursuant to law;

170          (viii) appoint judges subject to the advice and consent of the United States Senate; or
171          (ix) authorize the president to fill designated inferior offices without senatorial
172     consent;
173          (i) United States Constitution, Article II, Section 3, to:
174          (i) receive representatives of foreign powers;
175          (ii) execute the laws;
176          (iii) commission United States officers;
177          (iv) give Congress information;
178          (v) make recommendations to Congress;
179          (vi) convene Congress on extraordinary occasions; or
180          (vii) adjourn Congress if it cannot agree on a time;
181          (j) United States Constitution, Article III, Section 1, to:
182          (i) create exceptions to the supreme court's appellate jurisdiction;
183          (ii) fix the jurisdiction of federal courts inferior to the supreme court; or
184          (iii) declare the punishment for treason;
185          (k) United States Constitution, Article IV, Section 1, to establish the rules by which the
186     records and judgments of states are proved in other states;
187          (l) United States Constitution, Article IV, Section 3, to:
188          (i) manage federal property;
189          (ii) dispose of federal property;
190          (iii) govern the federal territories; or
191          (iv) consent to admission of new states or the combination of existing states;
192          (m) United States Constitution, Article IV, Section 4, to defend states from invasion,
193     insurrection, and non-republican forms of government;
194          (n) United States Constitution, Article V, Section 1, to propose constitutional
195     amendments;
196          (o) United States Constitution, Article VI, Section 1, to prescribe the oath for federal
197     officers;

198          (p) United States Constitution, Amendment XIII, to abolish slavery;
199          (q) United States Constitution, Amendment XIV, to guard people from certain state
200     abuses;
201          (r) United States Constitution, Amendment XVI, to impose taxes on income from any
202     source without having to apportion the total dollar amount of tax collected from each state
203     according to each state's population in relation to the total national population;
204          (s) United States Constitution, Amendment XX, to revise the manner of presidential
205     succession;
206          (t) United States Constitution, Amendment XV, XIX, XXIII, or XXIV, to extend and
207     protect the right to vote; or
208          (u) United States Constitution, Amendment XVII, to grant a pay raise to a sitting
209     Congress.
210          (2) The commission shall evaluate whether a federal law evaluated under Section
211     63C-4a-303 violates the principle of federalism by:
212          (a) affecting the distribution of power and responsibility among the state and national
213     government;
214          (b) limiting the policymaking discretion of the state;
215          (c) impacting a power or a right reserved to the state or its citizens by the United States
216     Constitution, Amendment IX or X; or
217          (d) impacting the sovereignty rights and interest of the state or a political subdivision to
218     provide for the health, safety, and welfare and promote the prosperity of the state's or political
219     subdivision's inhabitants.
220          (3) In the evaluation of a federal law, the commission:
221          (a) shall rely on:
222          (i) the text of the United States Constitution, as amended;
223          (ii) the meaning of the text of the United States Constitution, as amended, at the time
224     of its drafting and ratification; and
225          (iii) a primary source document that is:

226          (A) directly relevant to the drafting, adoption, ratification, or initial implementation of
227     the United States Constitution, as amended; or
228          (B) created by a person directly involved in the drafting, adoption, ratification, or
229     initial implementation of the United States Constitution, as amended;
230          (b) may rely on other relevant sources, including federal court decisions; and
231          (c) is not bound by a holding by a federal court.
232          (4) (a) If the commission determines that a federal law is not authorized as described in
233     this section or otherwise violates the principles of federalism, the commission may recommend
234     appropriate action, including:
235          (i) no action;
236          (ii) correspondence with relevant federal agencies or leaders;
237          (iii) initiating or coordinating public education efforts;
238          (iv) initiating or joining multi-state coordination;
239          (v) outreach and coordination with state and local government officers and agencies;
240          (vi) outreach or coordination with the state's congressional delegation and Congress as
241     a whole;
242          (vii) lobbying the state's congressional delegation and Congress as a whole;
243          (viii) legal challenges of the federal action;
244          (ix) enacting state laws to assert, defend, and preserve the constitutional allocation and
245     balance of governing powers between the federal government and the state; or
246          (x) other actions within the constitutional powers of the state.
247          (b) (i) The Legislative Management Committee shall include on the standing agenda
248     for the Legislative Management Committee a report from the commission as described in
249     Subsection (4)(b)(ii).
250          (ii) The commission:
251          (A) shall provide to the Legislative Management Committee a report with respect to
252     federal laws that the commission determines are not authorized as described in this section or
253     otherwise violate the principles of federalism; and

254          (B) with approval of the Legislative Management Committee, may take appropriate
255     action.
256          (iii) If the Legislative Management Committee is not meeting within a reasonable time,
257     the commission may:
258          (A) provide a report to the speaker of the House of Representatives and the president of
259     the Senate with respect to federal laws that the commission determines are not authorized as
260     described in this section or otherwise violate the principles of federalism; and
261          (B) with approval from the speaker of the House of Representatives and the president
262     of the Senate, take appropriate action.