2011 Utah Code
Title 63C State Commissions and Councils Code
Chapter 4 Constitutional Defense Council
Section 106 Evaluation of federal law and policy -- Response.

63C-4-106. Evaluation of federal law and policy -- Response.
(1) As used in this chapter:
(a) "Federal governmental entity" means:
(i) the President of the United States;
(ii) the United States Congress;
(iii) a United States agency; or
(iv) an employee or official appointed by the President of the United States.
(b) "Federal law" means:
(i) an executive order by the President of the United States;
(ii) a statute passed by the United States Congress;
(iii) a regulation adopted by a United States agency; or
(iv) a policy statement, guidance, or action by:
(A) a United States agency; or
(B) an employee or official appointed by the President of the United States.
(c) "United States agency" means a department, agency, authority, commission, council, board, office, bureau, or other administrative unit of the executive branch of the United States government.
(2) In accordance with Section 63C-4-107, the Federalism Subcommittee shall evaluate a federal law submitted to the Federalism Subcommittee by a council member.
(3) The Federalism Subcommittee may request information regarding a federal law under evaluation from a United States Senator or Representative elected from the state.
(4) If the Federalism Subcommittee finds that a federal law is not authorized by the United States Constitution or violates the principle of federalism as described in Subsection 63C-4-107(2), the Federalism Subcommittee chair 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 the evaluation required by Subsection (2) 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; and
(c) request a meeting, conducted in person or by electronic means, with the federal governmental entity and a council member, a representative from another state, or a United States Senator or Representative elected from the state to discuss the evaluation of federal law and any possible remedy.
(5) The Federalism Subcommittee 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 subcommittee's evaluation of a federal law.
(6) The Federalism Subcommittee chair may coordinate the evaluation of and response to federal law with another state as provided in Section 63G-4-108.
(7) The Federalism Subcommittee shall submit a report by electronic mail that summarizes action taken in accordance with this section to the Government Operations Interim Committee on May 20 and October 20 of each year.