SALT LAKE CITY, Utah (Feb. 24, 2025) – Last week, the Utah House passed a bill to affirm clear boundaries between state and federal jurisdiction.
Rep. Ken Ivory and Sen. Kevin Stratton filed House Bill 380 (HB380). The legislation would amend an existing declaration of state sovereignty in Utah law to include the presumption that the state has authority over all matters not delegated to the federal government.
“Jurisdiction over all governing subject matters arising within the state is presumed to reside with the state except as otherwise enumerated in the United States Constitution, as amended.”
The proposed law includes a declaration asserting the extent of state sovereignty.
“The state has general governing authority under the state’s inherent police power jurisdiction over all governing matters within the state affecting public welfare, safety, health, and morality, as recognized under the Tenth Amendment to the United States Constitution.”
The subject areas asserted within the state’s police powers jurisdiction include, “without limitation:”
(i) Natural resources;
(ii) Water resources and water rights;
(iii) Agriculture;
(iv) Education; and
(v) Energy resources
The proposed law would place the burden of overcoming the state presumption of jurisdiction on the federal government.
“The presumption of state jurisdiction … may only be overcome if the federal government demonstrates that jurisdiction over the subject matter in question is specifically enumerated to the federal government under the United States Constitution, as amended.”
HB380 directs the state Federalism Commission created by the Constitutional Sovereignty Act enacted last year to “engage in coordination with federal agencies and state entities regarding a jurisdictional conflict … and endeavor to facilitate a resolution of the jurisdictional conflict” under the direction of the Senate president and the House speaker.
On Feb. 20, the House passed HB380 by a 65-0 vote.
It remains unclear how the enactment of this legislation would play out in practice. There is no mechanism to require the federal government to observe the jurisdictional boundaries set by the state of Utah.
WHAT’S NEXT
HB380 will move to the Senate for further consideration. Once the Senate Rules Committee refers it to a standing committee, it must get a hearing and pass by a majority vote before moving forward in the legislative process.
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