§ 63C-4a-303 — Federalism Commission to evaluate federal law -- Curriculum on federalism -- Environment discussions -- Oversight of Center for Constitutional Studies in relation to center's federalism duties.

Utah § 63C-4a-303

• Jurisdiction: Utah
• Title 63C: State Commissions and Councils Code
• Ch. 63C-4a: Constitutional and Federalism Defense Act
• Part 63C-4a-3: Federalism Commission

Text

(1) (1)(a) In accordance with Section 63C-4a-304, the commission may evaluate a federal law:
(1)(a)(i) as agreed by a majority of the commission;
(1)(a)(ii) submitted to the commission by a council member; or
(1)(a)(iii) reported to the commission in accordance with Subsection (1)(b).
(1)(b) (1)(b)(i) To assist the commission in the evaluation of federal law as required in this section and Section 63C-4a-304, the commission may contract with a third party that is a Utah institution of higher education to monitor federal law for possible implications on the principles of federalism.
(1)(b)(ii) A third party contracted to monitor federal law as described in Subsection (1)(b)(i) shall:
(1)(b)(ii)(A) monitor federal law for possible implications on the principles of federalism and state sovereignty; and
(1)(b)(ii)(B) report to the commission any law or action by the federal government that may implicate the principles of federalism or state sovereignty.
(1)(c) (1)(c)(i) As used in this Subsection (1)(c), "interim committee" means the same as that term is defined in Section 36-12-1.
(1)(c)(ii) The commission shall provide an annual report to each interim committee concerning any law or action by the federal government that implicates the principles of federalism or state sovereignty.
(1)(c)(iii) The commission may notify the appropriate interim committee of any law or action by the federal government that implicates the principles of federalism or state sovereignty.
(2) The commission may request information regarding a federal law under evaluation from a United States senator or representative elected from the state.
(3) If the commission finds that a federal law is not authorized by the United States Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a commission cochair or the commission may:
(3)(a) request from a United States senator or representative elected from the state:
(3)(a)(i) information about the federal law; or
(3)(a)(ii) assistance in communicating with a federal governmental entity regarding the federal law;
(3)(b) (3)(b)(i) give written notice of an evaluation made under Subsection (1) to the federal governmental entity responsible for adopting or administering the federal law; and
(3)(b)(ii) request a response by a specific date to the evaluation from the federal governmental entity;
(3)(c) request a meeting, conducted in person or by electronic means, with the federal governmental entity, a representative from another state, or a United States Senator or Representative elected from the state to discuss the evaluation of federal law and any possible remedy; or
(3)(d) give written notice of an evaluation and the conclusions of the commission to any other relevant entity.
(4) The commission may recommend to the governor that the governor call a special session of the Legislature to give the Legislature an opportunity to respond to the commission's evaluation of a federal law.
(5) A commission cochair may coordinate the evaluation of and response to federal law with another state as provided in Section 63C-4a-305.
(6) The commission shall keep a current list on the Legislature's website of:
(6)(a) a federal law that the commission evaluates under Subsection (1);
(6)(b) an action taken by a cochair of the commission or the commission under Subsection (3);
(6)(c) any coordination undertaken with another state under Section 63C-4a-305; and
(6)(d) any response received from a federal government entity that was requested under Subsection (3).
(7) (7)(a) The commission shall develop curriculum for a seminar on the principles of federalism.
(7)(b) The curriculum under Subsection (7)(a) shall be available to the general public and include:
(7)(b)(i) fundamental principles of federalism;
(7)(b)(ii) the sovereignty, supremacy, and jurisdiction of the individual states, including their police powers;
(7)(b)(iii) the history and practical implementation of the Tenth Amendment to the United States Constitution;
(7)(b)(iv) the authority and limits on the authority of the federal government as found in the United States Constitution;
(7)(b)(v) the relationship between the state and federal governments;
(7)(b)(vi) methods of evaluating a federal law in the context of the principles of federalism;
(7)(b)(vii) how and when challenges should be made to a federal law or regulation on the basis of federalism;
(7)(b)(viii) the separate and independent powers of the state that serve as a check on the federal government;
(7)(b)(ix) first amendment rights and freedoms contained therein; and
(7)(b)(x) any other issues relating to federalism the commission considers necessary.
(8) The commission may apply for and receive grants, and receive private donations to assist in funding the creation, enhancement, and dissemination of the curriculum.
(9) The commission shall submit a report on or before November 30 of each year to the Government Operations Interim Committee and the Natural Resources, Agriculture, and Environment Interim Committee that:
(9)(a) describes any action taken by the commission under Section 63C-4a-303; and
(9)(b) includes any proposed legislation the commission recommends.
(10) The commission shall comply with Section 19-1-110 in discussions with the Department of Environmental Quality on issues related to the environment or the functioning of the Department of Environmental Quality.
(11) The commission shall:
(11)(a) coordinate with and make recommendations to the center concerning the center's federalism-related duties under Section 53H-4-703, including:
(11)(a)(i) the development of the federalism education and training program under Subsection 53H-4-703(1); and
(11)(a)(ii) the scope and objectives of:
(11)(a)(ii)(A) the annual federalism conference organized under Subsection 53H-4-703(2);
(11)(a)(ii)(B) the study conducted under Subsection 53H-4-703(3); and
(11)(a)(ii)(C) the center's coordination efforts under Subsection 53H-4-703(4);
(11)(b) coordinate with and make recommendations to the institute regarding the institute's federalism-related duties under Section 53H-4-704; and
(11)(c) report annually to the Legislative Management Committee regarding:
(11)(c)(i) the center's progress in fulfilling the requirements of Section 53H-4-703; and
(11)(c)(ii) the institute's progress in fulfilling the requirements of Section 53H-4-704.
(12) Each executive branch agency shall, at the request of the commission, designate a contact person to coordinate with the commission regarding the federalism education and training program developed under Section 53H-4-703 for purposes of:
(12)(a) determining the extent of federal jurisdiction in the agency's resource sphere;
(12)(b) determining whether federal action exceeds the federal government's jurisdictional authority;
(12)(c) assessing what actions the agency may take in the event that federal action exceeds the federal government's jurisdictional authority; and
(12)(d) assessing how actions described in Subsection (12)(c) may better enable the agency to use the agency's best judgment in serving the people of Utah.

Legislative History

Amended by Chapter 9, 2025 Special Session 1