Last year, Utah lawmakers established a process allowing the state Legislature to declare federal actions unconstitutional. Under this law, state agencies and officials must disregard federal mandates deemed unconstitutional until a court confirms their constitutional validity.
Now, Sen. Scott Sandall is proposing to expand this authority. His new bill would add public school and higher education employees to the list of state personnel required to disregard contested federal mandates.
SB265 also modifies the process itself. While current law allows the Legislature to nullify federal regulations through a simple resolution that bypasses the governor's desk, the new bill would require formal legislation—including the governor's signature—to declare federal actions unconstitutional.
