Bill Summary – FastDemocracy

Enrolled Copy                                                                           H.C.R. 301
          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
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  LONG TITLE
  General Description:
      This concurrent resolution directs government officers to comply with Utah laws where
  there is a conflict with the new regulations adopted under Title IX of the Education
  Amendments of 1972, effective August 1, 2024.
  Highlighted Provisions:
      This resolution:
      ▸ prohibits a government officer from enforcing or assisting in the enforcement of the new
  regulations promulgated under Title IX of the Education Amendments of 1972, effective
  August 1, 2024, that conflict with specified Utah laws.
  Other Special Clauses:
     H.C.R. 301                                                                                Enrolled Copy
       None
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   Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
       WHEREAS, under Utah Code Title 63G, Chapter 16, State Sovereignty, the Utah Legislature,
   with concurrence of the Governor, may prohibit a government officer from enforcing or
   assisting in the enforcement of a federal directive within the state if the Legislature determines
   that the federal directive violates the state's sovereignty; and
            WHEREAS, in H.J.R 301, Joint Resolution-Legislative Findings on State Sovereignty in
   Regard to Title IX (2024 Third Special Session), the Legislature found that the new U.S.
   Department of Education federal directive to be codified on August 1, 2024, as 34 C.F.R.
   Section 106, under Title IX of the Education Amendments of 1972, 89 Fed. Reg. 33474, (New
   Regulations), restrict and infringe upon the state's right to provide for the state's health, safety,
   and welfare and are irreconcilable with Utah law and the state's sovereign obligation to
   promote the prosperity of its citizens:
            NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
   Governor concurring therein, in accordance with Utah Code Title 63G, Chapter 16, State
   Sovereignty, directs government officers, as of the date when the New Regulations take effect,
   to comply with and enforce the following Utah laws, as amended, and neither enforce nor
   assist in the enforcement of any provision of the New Regulations that may be in conflict with:
            (1) the provisions of H.B. 11, Student Eligibility in Interscholastic Activities, (2022
   General Session), as amended;
            (2) the provisions of H.B. 257, Sex-based Designations for Privacy, Anti-bullying, and
   Women's Opportunities, (2024 General Session), as amended;
            (3) the provisions found in Title 53B, Chapter 27, Campus Individual Rights Act, as
   amended; and
            (4) each Utah law regulating abortion.
            BE IT FURTHER RESOLVED that the Legislature of the state of Utah, the Governor
   concurring therein, directs the following government officers, as of the date when the New
   Regulations take effect, to comply with and enforce the law as described above:
            (1) an individual elected to a position in state government;
            (2) an individual elected to a board of education;
            (3) an individual appointed to fill a vacancy in state government, on a board of education or
   a board of higher education, when acting in the capacity of the individual's appointment;
            (4) an individual appointed to, volunteering for, or employed in a full-time, part-time, or
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     Enrolled Copy                                                                           H.C.R. 301
  temporary position by state government, a board of education, or a board of higher education,
  when acting in the capacity of the individual's position; and
          (5) an employee volunteering for, or employed in a full-time, part-time, or temporary
  position within the public education system or the system of higher education.
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