(1) The Legislature may, by concurrent resolution, prohibit a government officer from enforcing or assisting in the enforcement of a federal directive within the state if the Legislature determines the federal directive violates the principles of state sovereignty in accordance with Subsection (2).
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Terms Used In Utah Code 63G-16-202

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Federal directive: means :
              (3)(a)(i) a statute passed by the United States Congress;
              (3)(a)(ii) an executive order by the president of the United States;
              (3)(a)(iii) a rule or regulation adopted by a federal agency; or
              (3)(a)(iv) an order or action by:
                   (3)(a)(iv)(A) a federal agency; or
                   (3)(a)(iv)(B) an employee or official appointed by the president of the United States. See Utah Code 63G-16-201
  • Government officer: means :
              (4)(a)(i) an individual elected to a position in state or local government, when acting in the capacity of the state or local government position;
              (4)(a)(ii) an individual elected to a board of education, when acting in the capacity of a member of a board of education;
              (4)(a)(iii) an individual appointed to fill a vacancy in a position described in Subsection (4)(a)(i) or (ii), when acting in the capacity of the position; or
              (4)(a)(iv) an individual appointed to or employed in a full-time position by state government, local government, or a board of education, when acting in the capacity of the individual's appointment or employment. See Utah Code 63G-16-201
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) A federal directive violates the principles of state sovereignty if the federal directive restricts or infringes upon:

     (2)(a) a power or a right reserved to the state by the Tenth Amendment to the United States Constitution; or
     (2)(b) the state’s rights or interests to provide for the health, safety, and welfare and promote the prosperity of the state’s inhabitants.
(3) A request for a concurrent resolution under Subsection (1) may not be filed unless:

     (3)(a) the request is approved by the speaker of the House of Representatives and the president of the Senate; or
     (3)(b) while the Legislature is convened and conducting business on the floor, identical motions to approve the request are made in each chamber of the Legislature and both motions are approved by a two-thirds majority of the members present in each chamber.
(4) The Legislature shall consult with and consider any recommendations provided by the attorney general concerning the potential impact that a concurrent resolution may have on current or anticipated litigation.
(5) Upon the filing of a request for a concurrent resolution under Subsection (1), the Legislature shall provide notice of the concurrent resolution, including the short title and proposed objectives, to the representatives of tribal governments listed in Subsection 9-9-104.5(2)(b).
(6) A concurrent resolution under Subsection (1) shall:

     (6)(a) identify the federal directive the Legislature has determined violates the principles of state sovereignty under Subsection (2);
     (6)(b) include the information or findings upon which the Legislature has made the determination in Subsection (6)(a);
     (6)(c) specify the government officers to which the concurrent resolution applies;
     (6)(d) explain the effect that the concurrent resolution will have on the applicability of the federal directive within the state, including a description of any activities or forms of assistance that a government officer specified in Subsection (6)(c) is prohibited from conducting in connection with the enforcement of the federal directive; and
     (6)(e) describe any other requirements for a government officer specified in Subsection (6)(c) to comply with the concurrent resolution.
(7) A concurrent resolution under Subsection (1):

     (7)(a) takes effect upon adoption and has the force of law; and
     (7)(b) after taking effect, may only be terminated by concurrent resolution.
(8) The requirements for filing a request for a concurrent resolution in Subsection (3) apply to a concurrent resolution described in Subsection (7)(b).
(9) The inaction of the Legislature in determining that a federal directive violates the principles of state sovereignty by concurrent resolution under this section:

     (9)(a) does not imply or create a presumption that the federal directive is lawful under the United States Constitution; and
     (9)(b) has no effect on the attorney general’s authority to pursue any appropriate legal action to challenge the federal directive on the basis of state sovereignty.
(10) This section supersedes any conflicting provisions of Utah law.

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