Text of UT HCR 301 (2024)

H.C.R. 301 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: R. Bailey 6 6 06-19-24 1:21 PM 6 H.C.R. 301 1 CONCURRENT RESOLUTION-DIRECTIVES TO 2 GOVERNMENT OFFICERS UNDER THE UTAH 3 CONSTITUTIONAL SOVEREIGNTY ACT IN REGARD TO 4 TITLE IX 5 2024 THIRD SPECIAL SESSION 6 STATE OF UTAH 7 Chief Sponsor: Kera Birkeland 8 Senate Sponsor: Curtis S. Bramble 9 10 LONG TITLE 11 General Description: 12 This concurrent resolution directs government officers to comply with Utah laws where 13 there is a conflict with the new regulations adopted under Title IX of the Education 14 Amendments of 1972, effective August 1, 2024. 15 Highlighted Provisions: 16 This resolution: 17 < prohibits a government officer from enforcing or assisting in the enforcement of the 18 new regulations promulgated under Title IX of the Education Amendments of 1972, 19 effective August 1, 2024, that conflict with specified Utah laws. 20 Special Clauses: 21 None 22 23 Be it resolved by the Legislature of the state of Utah, the Governor concurring therein: 24 WHEREAS, under Utah Code Title 63G, Chapter 16, State Sovereignty, the Utah 25 Legislature, with concurrence of the Governor, may prohibit a government officer from 26 enforcing or assisting in the enforcement of a federal directive within the state if the 27 Legislature determines that the federal directive violates the state's sovereignty; and *HCR301* H.C.R. 301 06-19-24 1:21 PM - 2 - 28 WHEREAS, in H.J.R 301, Joint Resolution-Legislative Findings on State Sovereignty 29 in Regard to Title IX (2024 Third Special Session), the Legislature found that the new U.S. 30 Department of Education federal directive to be codified on August 1, 2024, as 34 C.F.R. 31 Section 106, under Title IX of the Education Amendments of 1972, 89 Fed. Reg. 33474, (New 32 Regulations), restrict and infringe upon the state's right to provide for the state's health, safety, 33 and welfare and are irreconcilable with Utah law and the state's sovereign obligation to 34 promote the prosperity of its citizens: 35 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the 36 Governor concurring therein, in accordance with Utah Code Title 63G, Chapter 16, State 37 Sovereignty, direct government officers, as of the date when the New Regulations take effect, 38 to comply with and enforce the following Utah laws, as amended, and neither enforce nor assist 39 in the enforcement of any provision of the New Regulations that may be in conflict with: 40 (1) the provisions of H.B. 11, Student Eligibility in Interscholastic Activities, (2022 41 General Session), as amended; 42 (2) the provisions of H.B. 257, Sex-based Designations for Privacy, Anti-bullying, and 43 Women's Opportunities, (2024 General Session), as amended; 44 (3) the provisions found in Title 53B, Chapter 27, Campus Individual Rights Act, as 45 amended; and 46 (4) each Utah law regulating abortion. 47 BE IT FURTHER RESOLVED that the Legislature of the state of Utah, the Governor 48 concurring therein, direct the following government officers, as of the date when the New 49 Regulations take effect, to comply with and enforce the law as described above: 50 (1) an individual elected to a position in state government; 51 (2) an individual elected to a board of education; 52 (3) an individual appointed to fill a vacancy in state government, on a board of 53 education or a board of higher education, when acting in the capacity of the individual's 54 appointment; 55 (4) an individual appointed to, volunteering for, or employed in a full-time, part-time, 56 or temporary position by state government, a board of education, or a board of higher 57 education, when acting in the capacity of the individual's position; and 58 (5) an employee volunteering for, or employed in a full-time, part-time, or temporary 06-19-24 1:21 PM H.C.R. 301 - 3 - 59 position within the public education system or the system of higher education.

Enrolled Copy H.C.R. 301 1 CONCURRENT RESOLUTION-DIRECTIVES TO GOVERNMENT OFFICERS UNDER THE UTAH CONSTITUTIONAL SOVEREIGNTY ACT IN REGARD TO TITLE IX 2024 THIRD SPECIAL SESSION STATE OF UTAH Chief Sponsor: Kera Birkeland Senate Sponsor: Curtis S. Bramble Cosponsor: Katy Hall Karen M. Peterson Nelson T. Abbott Jon Hawkins Candice B. Pierucci Cheryl K. Acton Colin W. Jack Judy Weeks Rohner Bridger Bolinder Tim Jimenez Mike Schultz Jefferson S. Burton Trevor Lee Rex P. Shipp Kay J. Christofferson Karianne Lisonbee Jordan D. Teuscher Ariel Defay Phil Lyman R. Neil Walter Joseph Elison Matt MacPherson Ryan D. Wilcox Stephanie Gricius A. Cory Maloy 2 3 LONG TITLE 4 General Description: 5 This concurrent resolution directs government officers to comply with Utah laws where 6 there is a conflict with the new regulations adopted under Title IX of the Education 7 Amendments of 1972, effective August 1, 2024. 8 Highlighted Provisions: 9 This resolution: 10 ▸ prohibits a government officer from enforcing or assisting in the enforcement of the new 11 regulations promulgated under Title IX of the Education Amendments of 1972, effective 12 August 1, 2024, that conflict with specified Utah laws. 13 Other Special Clauses: H.C.R. 301 Enrolled Copy 14 None 15 16 Be it resolved by the Legislature of the state of Utah, the Governor concurring therein: 17 WHEREAS, under Utah Code Title 63G, Chapter 16, State Sovereignty, the Utah Legislature, 18 with concurrence of the Governor, may prohibit a government officer from enforcing or 19 assisting in the enforcement of a federal directive within the state if the Legislature determines 20 that the federal directive violates the state's sovereignty; and 21 WHEREAS, in H.J.R 301, Joint Resolution-Legislative Findings on State Sovereignty in 22 Regard to Title IX (2024 Third Special Session), the Legislature found that the new U.S. 23 Department of Education federal directive to be codified on August 1, 2024, as 34 C.F.R. 24 Section 106, under Title IX of the Education Amendments of 1972, 89 Fed. Reg. 33474, (New 25 Regulations), restrict and infringe upon the state's right to provide for the state's health, safety, 26 and welfare and are irreconcilable with Utah law and the state's sovereign obligation to 27 promote the prosperity of its citizens: 28 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the 29 Governor concurring therein, in accordance with Utah Code Title 63G, Chapter 16, State 30 Sovereignty, directs government officers, as of the date when the New Regulations take effect, 31 to comply with and enforce the following Utah laws, as amended, and neither enforce nor 32 assist in the enforcement of any provision of the New Regulations that may be in conflict with: 33 (1) the provisions of H.B. 11, Student Eligibility in Interscholastic Activities, (2022 34 General Session), as amended; 35 (2) the provisions of H.B. 257, Sex-based Designations for Privacy, Anti-bullying, and 36 Women's Opportunities, (2024 General Session), as amended; 37 (3) the provisions found in Title 53B, Chapter 27, Campus Individual Rights Act, as 38 amended; and 39 (4) each Utah law regulating abortion. 40 BE IT FURTHER RESOLVED that the Legislature of the state of Utah, the Governor 41 concurring therein, directs the following government officers, as of the date when the New 42 Regulations take effect, to comply with and enforce the law as described above: 43 (1) an individual elected to a position in state government; 44 (2) an individual elected to a board of education; 45 (3) an individual appointed to fill a vacancy in state government, on a board of education or 46 a board of higher education, when acting in the capacity of the individual's appointment; 47 (4) an individual appointed to, volunteering for, or employed in a full-time, part-time, or - 2 - Enrolled Copy H.C.R. 301 48 temporary position by state government, a board of education, or a board of higher education, 49 when acting in the capacity of the individual's position; and 50 (5) an employee volunteering for, or employed in a full-time, part-time, or temporary 51 position within the public education system or the system of higher education. - 3 -