Bill > SB0265

This bill modifies the Utah Constitutional Sovereignty Act by changing how the state can challenge and potentially block federal directives. The bill replaces the previous method of using concurrent resolutions with a more formal legislative process for prohibiting government officers from enforcing federal directives that the Legislature believes violate state sovereignty. Key changes include expanding the definition of "government officer" to include employees of higher education institutions and school districts, and modifying the procedures for initiating and implementing challenges to federal directives. The Legislature can now prohibit enforcement of a federal directive if it determines the directive infringes on state rights as protected by the Tenth Amendment or threatens the state's ability to provide for its inhabitants' health, safety, and welfare. The bill requires approval from legislative leadership or a two-thirds majority in both chambers to initiate such legislation, mandates consultation with the attorney general, and requires notification to tribal government representatives. The legislation specifies which government officers are affected, explains the impact on the federal directive, and can only be amended or repealed through a similar legislative process. Importantly, the bill takes effect on May 7, 2025, and explicitly states that any inaction does not imply the federal directive is lawful and does not limit the attorney general's ability to challenge federal directives.

Government Affairs

https://le.utah.gov/~2025/bills/static/SB0265.html