New Patrick Henry Caucus already drafting bills for 2010

The newly formed Patrick Henry Caucus in the Utah Legislature won't just call press conferences and complain.

Instead, it is pushing an agenda that will flex the state's muscle on issues such as gun control and environmental policy in ways it hopes will elevate the fight to the U.S. Supreme Court.

Additionally, since the formation of the caucus last month, members have been reaching out to like-minded lawmakers in other states to pass similar laws, a tactical move they hope will only bolster their planned judicial battle.

Already, the caucus members are drafting bills to run in the 2010 session.

Rep. Carl Wimmer, R-Herriman, says he is working on a bill that aims to tell local and state law officers that they can't enforce any federal law unless there is a corresponding state law. In other words, the FBI, Secret Service, ATF and other federal law enforcement agencies would, alone, be responsible for enforcing federal laws here.

While that would prevent the federal government from enforcing its more restrictive gun laws in the state, it could also prevent local police from enforcing federal immigration laws.

"It is tricky," admits Wimmer about the possible conflict with immigration statutes. "I don't want to harm SB81 in any way. We fully support SB81."

SB81 is a broad immigration reform law set to take effect July 1, and a voluntary aspect of the bill allows local police agencies to cross-deputize their officers to enforce federal immigration laws. So far, most agencies have declined to cross-deputize.

He said it's too early to give many examples of where local police and county sheriffs would be stopped from helping federal law officers. However, Wimmer, a former local police officer, said one place could be some joint task forces where federal, state and local police run combined criminal investigations.

Reps. Ken Sumsion, R-Lehi, and Christopher Herrod, R-Provo, are looking at other areas, such as federal regulations enforced by the Environmental Protection Agency.

Holding a strict interpretation of the U.S. Constitution's commerce clause (which provides for federal authority in regulating inter-state trade), they suggest that, for example, those federal laws would not be enforceable if a Utah coal mine sold its coal to a Utah power plant, which then burned the coal for Utah customers only and sequestered the carbon in Utah soil.

"The EPA could have no jurisdiction," Herrod said. The construction and emissions of such a plant would have to meet only state regulations, he said.

Sumsion said there could be many instances were federal regulations or law could be basically kept out of the state if there is really no impact across Utah borders.