1     
FEDERALISM COMMISSION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: Ronald M. Winterton

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding the Federalism Commission.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the Federalism Commission to provide an annual report to each interim
13     committee;
14          ▸     allows the Federalism Commission to notify an interim committee of a federal law
15     or action that implicates the principles of federalism or state sovereignty; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          63C-4a-303, as last amended by Laws of Utah 2022, Chapter 320
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 63C-4a-303 is amended to read:
27          63C-4a-303. Federalism Commission to evaluate federal law -- Curriculum on
28     federalism.
29          (1) (a) In accordance with Section 63C-4a-304, the commission may evaluate a federal
30     law:
31          (i) as agreed by a majority of the commission;
32          (ii) submitted to the commission by a council member; or
33          (iii) reported to the commission in accordance with Subsection (1)(b).
34          (b) (i) To assist the commission in the evaluation of federal law as required in this
35     section and Section 63C-4a-304, the commission may contract with a third party that is a Utah
36     institution of higher education to monitor federal law for possible implications on the
37     principles of federalism.
38          (ii) A third party contracted to monitor federal law as described in Subsection (1)(b)(i)
39     shall:
40          (A) monitor federal law for possible implications on the principles of federalism and
41     state sovereignty; and
42          (B) report to the commission any law or action by the federal government that may
43     implicate the principles of federalism or state sovereignty.
44          (c) (i) As used in this Subsection (1)(c), "interim committee" means the same as that
45     term is defined in Section 36-12-1.
46          (ii) The commission shall provide an annual report to each interim committee
47     concerning any law or action by the federal government that implicates the principles of
48     federalism or state sovereignty.
49          (iii) The commission may notify the appropriate interim committee of any law or
50     action by the federal government that implicates the principles of federalism or state
51     sovereignty.
52          (2) The commission may request information regarding a federal law under evaluation
53     from a United States senator or representative elected from the state.
54          (3) If the commission finds that a federal law is not authorized by the United States
55     Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a
56     commission cochair or the commission may:
57          (a) request from a United States senator or representative elected from the state:
58          (i) information about the federal law; or
59          (ii) assistance in communicating with a federal governmental entity regarding the
60     federal law;
61          (b) (i) give written notice of an evaluation made under Subsection (1) to the federal
62     governmental entity responsible for adopting or administering the federal law; and
63          (ii) request a response by a specific date to the evaluation from the federal
64     governmental entity;
65          (c) request a meeting, conducted in person or by electronic means, with the federal
66     governmental entity, a representative from another state, or a United States Senator or
67     Representative elected from the state to discuss the evaluation of federal law and any possible
68     remedy; or
69          (d) give written notice of an evaluation and the conclusions of the commission to any
70     other relevant entity.
71          (4) The commission may recommend to the governor that the governor call a special
72     session of the Legislature to give the Legislature an opportunity to respond to the commission's
73     evaluation of a federal law.
74          (5) A commission cochair may coordinate the evaluation of and response to federal law
75     with another state as provided in Section 63C-4a-305.
76          (6) The commission shall keep a current list on the Legislature's website of:
77          (a) a federal law that the commission evaluates under Subsection (1);
78          (b) an action taken by a cochair of the commission or the commission under
79     Subsection (3);
80          (c) any coordination undertaken with another state under Section 63C-4a-305; and
81          (d) any response received from a federal government entity that was requested under
82     Subsection (3).
83          (7) (a) The commission shall develop curriculum for a seminar on the principles of
84     federalism.
85          (b) The curriculum under Subsection (7)(a) shall be available to the general public and
86     include:
87          [(a)] (i) fundamental principles of federalism;
88          [(b)] (ii) the sovereignty, supremacy, and jurisdiction of the individual states, including
89     their police powers;
90          [(c)] (iii) the history and practical implementation of the Tenth Amendment to the
91     United States Constitution;
92          [(d)] (iv) the authority and limits on the authority of the federal government as found in
93     the United States Constitution;
94          [(e)] (v) the relationship between the state and federal governments;
95          [(f)] (vi) methods of evaluating a federal law in the context of the principles of
96     federalism;
97          [(g)] (vii) how and when challenges should be made to a federal law or regulation on
98     the basis of federalism;
99          [(h)] (viii) the separate and independent powers of the state that serve as a check on the
100     federal government;
101          [(i)] (ix) first amendment rights and freedoms contained therein; and
102          [(j)] (x) any other issues relating to federalism the commission considers necessary.
103          (8) The commission may apply for and receive grants, and receive private donations to
104     assist in funding the creation, enhancement, and dissemination of the curriculum.
105          (9) The commission shall submit a report on or before November 30 of each year to the
106     Government Operations Interim Committee and the Natural Resources, Agriculture, and
107     Environment Interim Committee that:
108          (a) describes any action taken by the commission under Section 63C-4a-303; and
109          (b) includes any proposed legislation the commission recommends.
110