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Utah commission rolls out live tracker for federal guidance letters; Sutherland Institute offers legal review
Summary
Legislative staff introduced a living spreadsheet compiling federal guidance letters received by Utah agencies, with columns to flag new/rescinded/modified guidance and assess impacts on citizens and state agencies. The commission invited Sutherland Institute analysts to provide constitutional and jurisdictional analysis ahead of an annual report.
The Utah Federalism Commission on Oct. 15 heard an overview of a new, living spreadsheet that staff will use to collect and analyze federal guidance letters sent to state agencies.
Nathan Brady, policy analyst with the Office of Legislative Research and General Counsel, said the document catalogs each letter, links to the original text, and applies a consistent matrix that flags whether guidance is new, rescinding, or modifying prior federal direction. "This is a changing document," Brady said, noting staff will update entries as new letters arrive and that the matrix includes separate columns assessing impacts to citizens, effects on state agencies, and whether the guidance may infringe on state jurisdiction.
The commission also heard from the Sutherland Institute. Bill Duncan, constitutional law fellow, and Stan Rasmussen described how outside counsel will assist with the question of whether a guidance letter orders actions that would ordinarily fall within state authority. In his written comments, Duncan said the review aims to identify instances where federal direction would impose new fiscal burdens or mandate changes in state processes.
Commissioners asked about scope. Senator Karen Kwan asked whether reviews were Utah‑specific or intended to apply generally across states; Duncan said the analysis was written to assess "state jurisdiction overall" while noting Utah‑specific impacts when relevant. Commissioners emphasized the need to capture citizen‑facing effects and to separate executive orders from ordinary agency guidance, noting follow‑up on letters tied to executive orders may be necessary.
Staff said the spreadsheet will be an attachment to the commission's annual report to the Legislative Management Committee, due Dec. 9, and that the commission will use the document to recommend any statutory or administrative responses.
Next steps: staff will continue to add letters, share the spreadsheet with commission members for feedback, and incorporate Sutherland Institute input on jurisdictional questions.
