Senate approves Utah Constitutional Sovereignty Act in final passage, with tribal notification and National Guard carve-out

The Utah State Senate passed third substitute Senate Bill 57, the Utah Constitutional Sovereignty Act, on Jan. 30 by a recorded vote of 24 yea, 5 nay, 0 absent. Sponsor Senator Sandel described the bill as creating a process by which a legislator may cause a file or resolution to be opened when they believe federal action exceeds constitutional authority; the process can direct state agencies not to comply with specified federal regulations.

Senator Sandel said the conference committee and subsequent House changes added a notification requirement for Native tribes so they may engage in the process and included language ensuring the measure would not interfere with the governor's authority to activate the National Guard. "We agreed that we would give [tribes] notification when a resolution was open, and that then they would be able to engage in the process however they wanted to," the sponsor said. The sponsor also noted an explicit carve-out to avoid stepping in the way of the governor's activation of the National Guard.

Senator Reby said she had initially opposed the bill but would vote yes after working with the sponsor to carve out tribal representatives' concerns; she added she still retained some reservations. The measure will be returned to the House for the speaker's signature per the conference committee report.

Floor debate focused on federalism, state agency compliance instructions and the process for opening a resolution or file; supporters framed the bill as protecting state sovereignty, while critics warned of potential operational and intergovernmental complications. The bill now proceeds to final steps in the legislative process per the recorded conference committee and transmittal.