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House concurs with Senate changes to bill asserting state claims over federal land policy

Utah House of Representatives · March 1, 2002
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Summary

The House agreed to Senate amendments to First Substitute House Bill 208, refocusing the bill on enforcing state policy under the Utah Enabling Act and returning the bill to the Senate with a 53–10 recorded vote.

The Utah House voted to concur with Senate amendments to First Substitute House Bill 208, a measure that sponsors said refocuses the state's approach to federal lands disputes toward enforcement of rights under the Utah Enabling Act.

An unidentified member moving the concurrence explained the substitute directs state efforts toward "the policy of the state" to "claim and preserve by lawful means the rights of the state and its citizens to determine and affect the disposition and use of federal lands" under the U.S. Constitution, the Utah Enabling Act, and other applicable law.

Representative Ferri and other members asked whether the change removed any constitutional note previously attached to the bill; the sponsor responded that the amendment shifts emphasis from a constitutional argument to reliance on the Enabling Act and that "there's no problem with the constitutional note." After debate the motion to concur passed on a voice and recorded vote and First Substitute House Bill 208 was returned to the Senate with 53 yes and 10 no votes.

Next steps: The bill returns to the Senate for further action; the House's concurrence signals approval of the Senate's language and its shift in legal emphasis.