SB 265: Utah Constitutional Sovereignty Act Amendments - Utah

Amended 2/19/2025 08:02:799 → Substitute #1 · 5 edits

MODERATE

This bill amends the Utah Constitutional Sovereignty Act to replace the use of concurrent resolutions with actual legislation when invoking state sovereignty against federal directives. It expands the definition of 'government officer' to include employees of public school districts and institutions of higher education, and adds requirements for joint resolutions that include legislative findings. The bill also modifies notice requirements for tribal governments and adds provisions for amending or repealing sovereignty legislation.

Scope change

The bill changes the mechanism for invoking state sovereignty from a concurrent resolution to actual legislation, and expands who is covered under the 'government officer' definition to include public school and higher education employees.

REQUIREMENT

Replaced the use of concurrent resolutions with actual legislation as the format for invoking state sovereignty under the Utah Constitutional Sovereignty Act.

Requires legislation under the Sovereignty Act to be accompanied by a joint resolution that includes legislative findings explaining the determination that a federal directive violates state sovereignty.

Added provisions addressing requirements for amending or repealing legislation passed under the Sovereignty Act.

ELIGIBILITY

Expanded the definition of 'government officer' to include employees of public school districts and institutions of higher education, in addition to elected and appointed officials.

TIMELINE

Modified the timing and process for providing notice to tribal governments regarding legislative action under the Sovereignty Act.

Amended Excerpts 2/19/2025 08:02:799 → Amended 2/19/2025 08:02:799 · 5 edits

MODERATE

This amendment updates Utah's Constitutional Sovereignty Act to expand who counts as a 'government officer' to include public school employees and higher education workers, adds new definitions for federal directives and local government entities, and changes the legislative process from a concurrent resolution to actual legislation with required findings.

Scope change

The bill's scope expanded to include employees of public school districts and institutions of higher education as government officers who may be protected from enforcing federal directives, and the legislative mechanism changed from a concurrent resolution to formal legislation.

DEFINITION

Added new definitions for 'Board of education', 'Federal agency', 'Federal directive', and expanded 'Government officer' to include public school and higher education employees.

Expanded 'Local government' definition to include special districts, conservation districts, redevelopment agencies, and interlocal entities.

Removed the definition of 'Legislative staff office' from the bill's definitions section.

REQUIREMENT

Changed the legislative process from using a concurrent resolution to requiring actual legislation accompanied by a joint resolution with legislative findings.

Modified the approval process for sovereignty requests to require speaker and president approval or a two-thirds majority vote in each chamber.

Enrolled → Amended Excerpts 2/19/2025 08:02:799 · 2 edits

MINOR

This amendment adds a new definition for 'Legislative staff office' and renumbers the definition of 'Local government' to accommodate it, ensuring the bill's definitions remain organized and complete.

Scope change

The bill's scope remains focused on state sovereignty, but the definitions section was updated to include a new category for legislative staff offices.

DEFINITION

Added a new definition for 'Legislative staff office' to clarify that the Office of Legislative Research and General Counsel is included under this term.

Renumbered the 'Local government' definition from Subsection (5) to Subsection (6) to make room for the new 'Legislative staff office' definition.

Introduced → Enrolled · 6 edits · Mar 26, 2025

MODERATE

This bill amends the Utah Constitutional Sovereignty Act to expand who counts as a 'government officer' subject to the law's protections, change the legislative process from using a concurrent resolution to passing actual legislation, and add requirements for tribal government notice and findings when invoking state sovereignty. These changes make the law more inclusive of public school and university employees while formalizing how the legislature can act under the sovereignty provisions.

Scope change

The bill expands the scope of who is protected under the Utah Constitutional Sovereignty Act to include employees of public school districts and institutions of higher education, and changes the legislative mechanism from a concurrent resolution to formal legislation.

DEFINITION

Expanded the definition of 'government officer' to include employees of public school districts and institutions of higher education in addition to elected and appointed officials.

REQUIREMENT

Changed the legislative process from using a concurrent resolution to requiring actual legislation to prohibit enforcement of federal directives.

Added requirement that legislation under the Sovereignty Act must include legislative findings explaining the determination that a federal directive violates state sovereignty.

Modified the timing for providing notice to tribal governments regarding legislative action under the Sovereignty Act.

Added requirement that legislation must specify which government officers are covered and describe prohibited activities in connection with federal directive enforcement.

Added provisions addressing how legislation passed under the Sovereignty Act can be amended or repealed in the future.

Utah Constitutional Sovereignty Act Amendments

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