SALT LAKE CITY, Utah (March 11, 2025) – Last week, the Utah House and Senate gave final approval to a bill that would affirm clear boundaries between state and federal jurisdiction.
Introduced by Rep. Ken Ivory and Sen. Kevin Stratton, House Bill 380 (HB380) 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.”
On March 7, the Senate passed HB380 by a 19-5 vote. The House concurred with a Senate amendment by a 52-13 vote, sending the legislation to Gov. Spencer Cox’s desk for his consideration.
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. However, the proposed law would draw a clear line in the sand and make these jurisdictional boundaries crystal clear. This could set the stage for the state to take additional action when the federal government crosses the line, including passing legislation to refuse to cooperate with federal efforts to enforce specific acts.
WHAT’S NEXT
Gov. Cox will have until March 27 to sign or veto HB380. If he takes no action, it will become law without his signature.
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