HB0076: The Utah Federal Law Evaluation and Response Act

This session, the Utah Legislature will be considering a mechanism to proactively evaluate federal programs, acts and mandates and to define “where’s the line?” between the responsibilities of the federal government and the States/people.

Utah Republicans and Democrats should all be in favor of this measure to preserve our right to local governance.

Background

Article VI of the United States Constitution mandates that all state legislators and officials swear an oath to uphold and defend the U.S. Constitution.  The Founders were clear about what this meant when drafted.  Just a few examples follow:

Summary of Bill

In order to abide by the constitutional oath and erect barriers at “the constitutional line” and “jealously and closely watch the operations of [the federal government],” the Federal Law Evaluation and Response Act does the following:

1. Defines “federal law” as all federal legislation; presidential executive orders; and agency action, regulations or policies;
2. Establishes the standard for review and evaluation of all federal law in Utah law as those powers specifically enumerated in the Constitution as specifically listed in statute;
3. Requires the Constitutional Defense Council (UCA 63c-4-101) to:
   1. Review and evaluate federal law against the constitutional standard;
   2. Coordinate directly with Utah’s congressional delegation in such review and evaluation;
   3. Coordinate directly with a similarly functioning council or legislative committee of other states in such review and evaluation;
   4. Receive requests for review and evaluation of federal law from state agencies, legislative committees, political subdivisions or Utah’s congressional delegation;
   5. Respond to federal laws that cross “the constitutional line” through the following:
      1. Provide written notice (in concert with Utah’s congressional delegation and other coordinating states) to the respective federal branch or agency of the manner in which the federal law fails to meet the constitutional standard and what action the federal branch or agency will take to comply with the constitutional standard;
      2. Request the respective federal branch or agency receive a delegation of the Utah CDC (in concert with Utah’s congressional delegation and other coordinating states) to mediate issue of the federal law that fails to meet the constitutional standard;
      3. Request that the Governor call a special session of the legislature to address emergency consequences of federal law that fails to meet the constitutional standard;
      4. Report quarterly to the Government Operations Committee the status of the review, evaluation and response to federal law;
      5. Report annually to every legislator the status of the review, evaluation and response to federal law for further action by the legislature as warranted by the record developed by the CDC.

http://le.utah.gov/~2011/bills/hbillint/hb0076.pdf