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Senate Approves Federalism Training Bill for State Designees After Heated Debate

Utah State Senate · March 12, 2014
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Summary

The Senate passed first substitute H.B. 120 to require designated state and local officials to receive training on federalism prepared by the existing federalism commission; debate focused on whether mandated continuing education for staff or judges is appropriate and on oversight of private funding for curriculum.

Senator Lisonbee Madsen presented first substitute H.B. 120, which would require specified state and local offices to designate a designee to receive training on federalism prepared by the state's federalism commission. The sponsor said the change responds to incidents in which state representatives in federal court lacked a shared grounding in federalism principles and that the training is intended to strengthen state representation.

Senator Madsen and other sponsors stressed the requirement is limited (one designee per office) and does not mandate that judges or all attorneys take the training. The chamber adopted Amendment 2 to permit the commission to accept private grants or donations to develop or disseminate curriculum materials. Senator Hilliard objected, arguing mandatory continuing education risks separation-of-powers concerns and may be ineffective if attendees do not engage; he said he "speaks against the bill." Senator Davis pressed whether the commission would have authority and fiscal backing to procure or vet curricula; sponsors said the commission may accept grants and could select from existing curricula.

After extended floor debate over scope and oversight, the Senate passed the first substitute on roll call (reported by the clerk as 15 yay, 12 nay, 2 absent). The bill will proceed to the House for further consideration.