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House backs Federalism bill creating state response unit to federal actions after heated debate
Summary
Second substitute House Bill 76, creating a Federalism Subcommittee and funding a constitutional-defense strategy to respond to perceived federal overreach, passed the House 61-14 after debate over funding and originalist interpretive standards; the bill reallocates existing restricted funds, sponsors said.
The Utah House passed second substitute House Bill 76 on Feb. 22 to create a coordinated state mechanism for evaluating federal actions and responding when they are seen as encroaching on state sovereignty. The bill passed 61-14 and will be transmitted to the Senate.
Sponsor Representative Ivory said the bill ‘‘provides a comprehensive game plan to address the intrusions of the federal government into the sovereignty of Utah’’ and described an interagency, cross‑office approach involving the Governor’s Office, Attorney General, Public Lands Policy Coordinating Office (FLIPCO) and SITLA. Ivory said existing restricted appropriations would be reallocated and that the bill would have a net-zero impact on the general fund.
Debate turned to ideological and procedural concerns. Representative King and others warned that the bill adopts an originalist interpretive approach and expressed concern that the Federalism Subcommittee ‘‘may rely on other relevant sources including federal court decisions’’ but ‘‘is not bound by a holding by a federal court,’’ language critics said could conflict with the U.S. Supreme Court’s role as final arbiter. Representative Briscoe and others questioned the fiscal mechanics; supporters pointed to a $1 million appropriation and an increase in percentage deposits dedicated to the constitutional defense restricted account.
Supporters including Representative Noel argued the funding would allow the state to file timely notices and litigation where statutes of limitation or notice windows apply, specifically citing public-lands disputes. Opponents said the bill could inject ideology into the state legal apparatus and divert funds from other priorities.
After the previous question motion and summations, the House passed the second substitute 61-14. The bill creates the statutory framework for a Federalism Subcommittee and funding allocations supporters say are needed to respond to federal actions affecting state lands and programs; the House will forward the measure to the Senate.
