The following legislation has been edited in terms of both its original content and formatting.
LEGISLATIVE GENERAL COUNSEL Approved for Filing: S.C. Allred 02-03-12 7:54 AM
STATE SOVEREIGNTY AND RIGHTS OF SET-OFF
2012 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: John L. Valentine
This bill reaffirms state sovereignty and reserves all rights and claims, including set-off, for damages, losses, costs, and expenses incurred but not fully reimbursed against any amounts that the state owes the federal government.
- reaffirms the state's sovereign rights as outlined in the Ninth and Tenth Amendments of the Constitution of the United States of America;
- reserves all rights of the state to claim a credit or set-off for any amount the state may incur due to the loss or wrongful withholding of its public lands or for the incarceration of illegal aliens that are not reimbursed by the federal government against any amount that the state is claimed to owe the federal government; and
- provides that the state is relieved of all liability for the payment of funds owed to the federal government for which the state exercises its rights of set-off.
Money Appropriated in this Bill:
Other Special Clauses:
Utah Code Sections Affected:
63G-12-403, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63G-12-403 is enacted to read:
63G-12-403.State sovereignty and rights of set-off.
(1) (a) Pursuant to the Ninth and Tenth Amendments of the Constitution of the United States of America, the State of Utah does solemnly affirm its state sovereignty and fully and unconditionally reserves and asserts all rights and powers, directly and indirectly related to those rights and powers.
(b) This affirmation, reservation, and assertion includes rights and claims of set-off by the State of Utah against any amounts the state may be claimed to owe the federal government.
(2) The state may exercise and apply as a credit, any amounts the state incurs due to the violation of the state's sovereign powers or other acts and omissions of the federal government, including:
(a) all costs and damages sustained by the state due to the loss or wrongful withholding of its public lands; and
(b) all costs of incarceration of illegal aliens for crimes committed in the state if and to such extent as those costs are not fully reimbursed by the federal government.
(3) The state is not liable for any amounts or federal claims which are subject to this section or other legal and equitable protections of the state's interests.
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