Federalism Revisions

17
63C-4a-303
63G-16-301
63G-16-302
0
Federalism Revisions
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
House Sponsor: Ken Ivory
LONG TITLE
General Description:
This bill modifies provisions related to federalism.
Highlighted Provisions:
This bill:
defines terms;
provides for the registration and use of certain federalism related trademarks;
extends requirements for publishing and reporting federal guidance letters to certain
education entities;
changes the statewide website on which state agencies are required to publish federal
guidance letters;
requires a state agency that receives a federal guidance letter to submit an electronic
report to the Federalism Commission containing information and recommendations
regarding the impacts and scope of the federal guidance letter;
authorizes a state agency to publish federal guidance letters received prior to the date on
which the requirements for publishing and reporting federal guidance letters first took
effect;
requires the Federalism Commission to report annually to the Legislative Management
Committee regarding federal guidance letters reported by state agencies; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63C-4a-303
Effective
05/06/26
Repealed
07/01/28
, as last amended by Laws of Utah
2025, First Special Session, Chapter 9
63G-16-301
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 335
63G-16-302
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 335
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63C-4a-303
is amended to read:
63C-4a-303
Effective
05/06/26
Repealed
07/01/28
. Federalism Commission to
evaluate federal law -- Curriculum on federalism -- Environment discussions --
Coordination with other entities in relation to federalism.
(1)
(a)
In accordance with Section
63C-4a-304
, the commission may evaluate a federal
law:
(i)
as agreed by a majority of the commission;
(ii)
submitted to the commission by a council member; or
(iii)
reported to the commission in accordance with Subsection
(1)(b)
.
(b)
(i)
To assist the commission in the evaluation of federal law as required in this
section and Section
63C-4a-304
, the commission may contract with a third party
that is a Utah institution of higher education to monitor federal law for possible
implications on the principles of federalism.
(ii)
A third party contracted to monitor federal law as described in Subsection
(1)(b)(i)

shall:
(A)
monitor federal law for possible implications on the principles of federalism
and state sovereignty; and
(B)
report to the commission any law or action by the federal government that
may implicate the principles of federalism or state sovereignty.
(c)
(i)
As used in this Subsection
(1)(c)
, "interim committee" means the same as that
term is defined in Section
36-12-1
.
(ii)
The commission shall provide an annual report to each interim committee
concerning any law or action by the federal government that implicates the
principles of federalism or state sovereignty.
(iii)
The commission may notify the appropriate interim committee of any law or
action by the federal government that implicates the principles of federalism or
state sovereignty.
(2)
The commission may request information regarding a federal law under evaluation from
a United States senator or representative elected from the state.
(3)
If the commission finds that a federal law is not authorized by the United States
Constitution or violates the principle of federalism as described in Subsection
63C-4a-304(2)
, a commission cochair or the commission may:
(a)
request from a United States senator or representative elected from the state:
(i)
information about the federal law; or
(ii)
assistance in communicating with a federal governmental entity regarding the
federal law;
(b)
(i)
give written notice of an evaluation made under Subsection
(1)
to the federal
governmental entity responsible for adopting or administering the federal law; and
(ii)
request a response by a specific date to the evaluation from the federal
governmental entity;
(c)
request a meeting, conducted in person or by electronic means, with the federal
governmental entity, a representative from another state, or a United States
Senator
senator
or
Representative
representative
elected from the state to discuss the
evaluation of federal law and any possible remedy; or
(d)
give written notice of an evaluation and the conclusions of the commission to any
other relevant entity.
(4)
The commission may recommend to the governor that the governor call a special
session of the Legislature to give the Legislature an opportunity to respond to the
commission's

evaluation of a federal law.
(5)
A commission cochair may coordinate the evaluation of and response to federal law
with another state as provided in Section
63C-4a-305
.
(6)
The commission shall keep a current list on the Legislature's website of:
(a)
a federal law that the commission evaluates under Subsection
(1)
;
(b)
an action taken by a cochair of the commission or the commission under Subsection
(3)
;
(c)
any coordination undertaken with another state under Section
63C-4a-305
; and
(d)
any response received from a federal government entity that was requested under
Subsection
(3)
.
(7)
(a)
The commission shall develop curriculum for a seminar on the principles of
federalism.
(b)
The curriculum under Subsection
(7)(a)
shall be available to the general public and
include:
(i)
fundamental principles of federalism;
(ii)
the sovereignty, supremacy, and jurisdiction of the individual states, including
their police powers;
(iii)
the history and practical implementation of the Tenth Amendment to the United
States Constitution;
(iv)
the authority and limits on the authority of the federal government as found in the
United States Constitution;
(v)
the relationship between the state and federal governments;
(vi)
methods of evaluating a federal law in the context of the principles of federalism;
(vii)
how and when challenges should be made to a federal law or regulation on the
basis of federalism;
(viii)
the separate and independent powers of the state that serve as a check on the
federal government;
(ix)
first amendment rights and freedoms contained therein; and
(x)
any other issues relating to federalism the commission considers necessary.
(8)
The commission may apply for and receive grants, and receive private donations to
assist in funding the creation, enhancement, and dissemination of the curriculum.
(9)
The commission shall submit a report on or before November 30 of each year to the
Government Operations Interim Committee and the Natural Resources, Agriculture, and
Environment Interim Committee that:
(a)
describes any action taken by the commission under Section
63C-4a-303
; and
(b)
includes any proposed legislation the commission recommends.
(10)
The commission shall comply with Section
19-1-110
in discussions with the
Department of Environmental Quality on issues related to the environment or the
functioning of the Department of Environmental Quality.
(11)
The commission shall:
(a)
coordinate with and make recommendations to the center concerning the center's
federalism-related duties under Section
53H-4-703
, including:
(i)
the development of the federalism education and training program under
Subsection
53H-4-703(1)
; and
(ii)
the scope and objectives of:
(A)
the annual federalism conference organized under Subsection
53H-4-703(2)
;
(B)
the study conducted under Subsection
53H-4-703(3)
; and
(C)
the center's coordination efforts under Subsection
53H-4-703(4)
;
(b)
coordinate with and make recommendations to the institute regarding the institute's
federalism-related duties under Section
53H-4-704
; and
(c)
report annually to the Legislative Management Committee regarding:
(i)
the center's progress in fulfilling the requirements of Section
53H-4-703
;
and
(ii)
the institute's progress in fulfilling the requirements of Section
53H-4-704
.
; and
(iii)
federal guidance letters received by state agencies and reported to the
commission in accordance with Section
63G-16-302
.
(12)
Each executive branch agency shall, at the request of the commission, designate a
contact person to coordinate with the commission regarding the federalism education
and training program developed under Section
53H-4-703
for
the
purposes of:
(a)
determining the extent of federal jurisdiction in the agency's resource sphere;
(b)
determining whether federal action exceeds the federal government's jurisdictional
authority;
(c)
assessing what actions the agency may take
in the event that
if
federal action
exceeds the federal government's jurisdictional authority; and
(d)
assessing how actions described in Subsection
(12)(c)
may better enable the agency
to use the agency's best judgment in serving the people of Utah.
(13)
(a)
The attorney general, on behalf of the state, shall provide for the registration and
protection of trademarks that include:
(i)
the National Federalism Commission; and
(ii)
the National Federalism Initiative.
(b)
The commission may authorize the use and license of a trademark under Subsection
(13)(a)
, or transfer ownership of a trademark under Subsection
(13)(a)
, to:
(i)
the center;
(ii)
the institute;
(iii)
Utah Valley University; or
(iv)
an organization described in Subsection
53H-4-703(3)
.
Section 2. Section
63G-16-301
is amended to read:
63G-16-301
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Applicable federal agency" means the federal agency that issued a federal guidance
letter.
(2)
"Commission" means the Federalism Commission created in Section
63C-4a-302
.
(3)
"Education entity" means:
(a)
the State Board of Education;
(b)
the Utah Board of Higher Education;
(c)
the State Charter School Board created in Section
53G-5-201
;
(d)
a local school board described in Title 53G, Chapter 4, School Districts; or
(e)
a charter school governing board described in Title 53G, Chapter 5, Charter Schools.
(2)
(4)
"Federal agency" means a department, agency, authority, commission, council,
board, office, bureau, or other administrative unit of the executive branch of the United
States government.
(3)
(5)
(a)
"Federal guidance letter" means a written statement by a federal agency,
regardless of format, that:
(i)
clarifies or provides instruction on:
(A)
the federal agency's interpretation of a federal law; or
(B)
the federal agency's policies for administering a federal law; and
(ii)
is nonbinding and of general applicability.
(b)
"Federal guidance letter" does not include:
(i)
a written communication between a federal agency and a state agency regarding a
specific entity;
(ii)
a peer-to-peer communication; or
(iii)
a written communication between a federal agency and the State Tax
Commission containing guidance related to the protection, storage, or
safeguarding of confidential information.
(4)
(6)
"Federal law" means:
(a)
a statute passed by the United States Congress; or
(b)
a rule or regulation adopted by a federal agency.
(5)
(7)
"State agency" means
:

(a)
a department, division, board, council, committee, institution, office, bureau, or other
similar administrative unit of the executive branch of state government
.
; or
(b)
an education entity.
Section 3. Section
63G-16-302
is amended to read:
63G-16-302
Effective
05/06/26
. Federal guidance letters received by state
agencies -- Publication and reporting requirements -- Standards for information
published on state agency website -- Authority to publish previously received letters.
(1)
A state agency shall publish and report federal guidance letters received by the state
agency in accordance with this section.
(2)
(a)
Beginning July 1, 2025
Except as provided in Subsection
(2)(b)
, a state agency
that receives a federal guidance letter
on or after July 1, 2025,
shall:
(i)
publish the federal guidance letter on:
(A)
the state agency's public website; and
(B)
the Utah
Open Data Portal
Public Notice
Website created in Section
63A-16-107
63A-16-601
; and
(ii)
transmit a copy of the federal guidance letter to:
submit an electronic report to
the commission containing the information specified in Subsection
(2)(c)
.
(A)
the Legislative Management Committee; and
(B)
the chairs of the Legislature's Federalism Commission.
(b)
For a state agency that is an education entity, the requirements of Subsection
(2)(a)

apply to federal guidance letters received on or after May 6, 2026.
(c)
The report described in Subsection
(2)(a)(ii)
shall include:
(i)
a copy of or an electronic link to the federal guidance letter received by the state
agency;
(ii)
a brief description of:
(A)
the purpose of the federal guidance letter;
(B)
any fiscal or administrative impacts on the state agency resulting from the
federal guidance letter, whether actualized or potential; and
(C)
any recommendations as to whether the federal guidance letter may violate the
principle of federalism as set forth in Subsection
63C-4a-304(2)
; and
(iii)
any other information required by the commission.
(b)
(d)
A state agency shall comply with the requirements of Subsection
(2)(a)
within
15 days from the date on which the state agency receives the federal guidance letter.
(3)
(a)
This Subsection
(3)
applies to a state agency that:
(i)
publishes and reports a federal guidance letter in accordance with Subsection
(2)
;
and
(ii)
receives a written communication from the applicable federal agency indicating
that the federal guidance letter has been rescinded.
(b)
A state agency described in Subsection
(3)(a)
shall:
(i)
publish the following documents on the websites described in Subsection
(2)(a)(i)
:
(A)
the written communication indicating the federal guidance letter's rescission;
and
(B)
a disclaimer, linked to the federal guidance letter, notifying the public of the
federal guidance letter's rescission; and
(ii)
transmit to the
entities described in Subsection
(2)(a)(ii)
commission
a copy of
the written communication indicating the federal guidance letter's rescission.
(c)
A state agency shall comply with the requirements of Subsection
(3)(b)
within 15
days from the date on which the state agency receives the written communication
indicating the federal guidance letter's rescission.
(4)
A state agency shall ensure that any information published on the state agency's public
website under this section is available:
(a)
on a permanent basis;
(b)
in a user-friendly manner; and
(c)
via a link from the main page of the website.
(5)
A state agency may publish, on a website described in Subsection
(2)(a)(i)
, any federal
guidance letters received prior to:
(a)
July 1, 2025, for a state agency that is not an education entity; or
(b)
May 6, 2026, for a state agency that is an education entity.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 9:49 AM