Utah 2023 Regular Session

Utah House Bill HB0253 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 253
	1	+	2nd Sub. H.B. 253
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: J. Carlton 6
	4	+	6 01-31-23 1:53 PM 6
	5	+	H.B. 253
	6	+	2nd Sub. (Gray)
	7	+	Representative Ken Ivory proposes the following substitute bill:
2	8		1 FEDERALISM COMMISSION AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Ken Ivory
6		-	5 Senate Sponsor: ~~Ronald M. Winterton~~
	12	+	5 Senate Sponsor: ____________
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill amends provisions regarding the Federalism Commission.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <requires the Federalism Commission to provide an annual report to each interim
14	20		13committee;
15	21		14 <allows the Federalism Commission to notify an interim committee of a federal law
16	22		15or action that implicates the principles of federalism or state sovereignty; and
17	23		16 <makes technical and conforming changes.
18	24		17Money Appropriated in this Bill:
19	25		18 None
20	26		19Other Special Clauses:
21	27		20 None
22	28		21Utah Code Sections Affected:
23	29		22AMENDS:
24	30		23 63C-4a-303, as last amended by Laws of Utah 2022, Chapter 320
25	31		24
26	32		25Be it enacted by the Legislature of the state of Utah:
	33	+	HB0253S02 2nd Sub. (Gray) H.B. 253 01-31-23 1:53 PM
	34	+	- 2 -
27	35		26 Section 1. Section 63C-4a-303 is amended to read:
28	36		27 63C-4a-303. Federalism Commission to evaluate federal law -- Curriculum on
29		-	28federalism. H.B. 253
30		-	Enrolled Copy
31		-	- 2 -
	37	+	28federalism.
32	38		29 (1) (a) In accordance with Section 63C-4a-304, the commission may evaluate a federal
33	39		30law:
34	40		31 (i) as agreed by a majority of the commission;
35	41		32 (ii) submitted to the commission by a council member; or
36	42		33 (iii) reported to the commission in accordance with Subsection (1)(b).
37	43		34 (b) (i) To assist the commission in the evaluation of federal law as required in this
38	44		35section and Section 63C-4a-304, the commission may contract with a third party that is a Utah
39	45		36institution of higher education to monitor federal law for possible implications on the
40	46		37principles of federalism.
41	47		38 (ii) A third party contracted to monitor federal law as described in Subsection (1)(b)(i)
42	48		39shall:
43	49		40 (A) monitor federal law for possible implications on the principles of federalism and
44	50		41state sovereignty; and
45	51		42 (B) report to the commission any law or action by the federal government that may
46	52		43implicate the principles of federalism or state sovereignty.
47	53		44 (c) (i) As used in this Subsection (1)(c), "interim committee" means the same as that
48	54		45term is defined in Section 36-12-1.
49	55		46 (ii) The commission shall provide an annual report to each interim committee
50	56		47concerning any law or action by the federal government that implicates the principles of
51	57		48federalism or state sovereignty.
52	58		49 (iii) The commission may notify the appropriate interim committee of any law or
53	59		50action by the federal government that implicates the principles of federalism or state
54	60		51sovereignty.
55	61		52 (2) The commission may request information regarding a federal law under evaluation
56	62		53from a United States senator or representative elected from the state.
57	63		54 (3) If the commission finds that a federal law is not authorized by the United States
58		-	55Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a Enrolled Copy H.B. 253
	64	+	55Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a
	65	+	56commission cochair or the commission may: 01-31-23 1:53 PM 2nd Sub. (Gray) H.B. 253
59	66		- 3 -
60		-	56commission cochair or the commission may:
61	67		57 (a) request from a United States senator or representative elected from the state:
62	68		58 (i) information about the federal law; or
63	69		59 (ii) assistance in communicating with a federal governmental entity regarding the
64	70		60federal law;
65	71		61 (b) (i) give written notice of an evaluation made under Subsection (1) to the federal
66	72		62governmental entity responsible for adopting or administering the federal law; and
67	73		63 (ii) request a response by a specific date to the evaluation from the federal
68	74		64governmental entity;
69	75		65 (c) request a meeting, conducted in person or by electronic means, with the federal
70	76		66governmental entity, a representative from another state, or a United States Senator or
71	77		67Representative elected from the state to discuss the evaluation of federal law and any possible
72	78		68remedy; or
73	79		69 (d) give written notice of an evaluation and the conclusions of the commission to any
74	80		70other relevant entity.
75	81		71 (4) The commission may recommend to the governor that the governor call a special
76	82		72session of the Legislature to give the Legislature an opportunity to respond to the commission's
77	83		73evaluation of a federal law.
78	84		74 (5) A commission cochair may coordinate the evaluation of and response to federal law
79	85		75with another state as provided in Section 63C-4a-305.
80	86		76 (6) The commission shall keep a current list on the Legislature's website of:
81	87		77 (a) a federal law that the commission evaluates under Subsection (1);
82	88		78 (b) an action taken by a cochair of the commission or the commission under
83	89		79Subsection (3);
84	90		80 (c) any coordination undertaken with another state under Section 63C-4a-305; and
85	91		81 (d) any response received from a federal government entity that was requested under
86		-	82Subsection (3). H.B. 253
87		-	Enrolled Copy
88		-	- 4 -
	92	+	82Subsection (3).
89	93		83 (7) (a) The commission shall develop curriculum for a seminar on the principles of
90	94		84federalism.
91	95		85 (b) The curriculum under Subsection (7)(a) shall be available to the general public and
92	96		86include:
93		-	87 [(a)] (i) fundamental principles of federalism;
	97	+	87 [(a)] (i) fundamental principles of federalism; 2nd Sub. (Gray) H.B. 253 01-31-23 1:53 PM
	98	+	- 4 -
94	99		88 [(b)] (ii) the sovereignty, supremacy, and jurisdiction of the individual states, including
95	100		89their police powers;
96	101		90 [(c)] (iii) the history and practical implementation of the Tenth Amendment to the
97	102		91United States Constitution;
98	103		92 [(d)] (iv) the authority and limits on the authority of the federal government as found in
99	104		93the United States Constitution;
100	105		94 [(e)] (v) the relationship between the state and federal governments;
101	106		95 [(f)] (vi) methods of evaluating a federal law in the context of the principles of
102	107		96federalism;
103	108		97 [(g)] (vii) how and when challenges should be made to a federal law or regulation on
104	109		98the basis of federalism;
105	110		99 [(h)] (viii) the separate and independent powers of the state that serve as a check on the
106	111		100federal government;
107	112		101 [(i)] (ix) first amendment rights and freedoms contained therein; and
108	113		102 [(j)] (x) any other issues relating to federalism the commission considers necessary.
109	114		103 (8) The commission may apply for and receive grants, and receive private donations to
110	115		104assist in funding the creation, enhancement, and dissemination of the curriculum.
111	116		105 (9) The commission shall submit a report on or before November 30 of each year to the
112	117		106Government Operations Interim Committee and the Natural Resources, Agriculture, and
113	118		107Environment Interim Committee that:
114	119		108 (a) describes any action taken by the commission under Section 63C-4a-303; and
115		-	109 (b) includes any proposed legislation the commission recommends. Enrolled Copy H.B. 253
116		-	- 5 -
117		-	110
	120	+	109 (b) includes any proposed legislation the commission recommends.