Enrolled Copy H.B. 380
1
Presumption of State Jurisdiction Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: Keven J. Stratton
2
3
LONG TITLE
4
General Description:
5
This bill addresses state sovereignty and establishes a presumption of state jurisdiction.
6
Highlighted Provisions:
7
This bill:
8
▸ defines terms;
9
▸ establishes the principles of state sovereignty, including the presumption that jurisdiction
10
over subject matters not enumerated to the federal government in the United States
11
Constitution remains with the state;
12
▸ provides that any presumption against state jurisdiction may be overcome only by federal
13
demonstration of specific constitutional authorization;
14
▸ places the burden on the federal government in jurisdictional conflicts between the state
15
and federal government; and
16
▸ makes technical changes.
17
Money Appropriated in this Bill:
18
None
19
Other Special Clauses:
20
None
21
Utah Code Sections Affected:
22
AMENDS:
23
63G-16-101, as enacted by Laws of Utah 2012, Chapter 38
24
25
Be it enacted by the Legislature of the state of Utah:
26
Section 1. Section 63G-16-101 is amended to read:
27
63G-16-101 . Principles of state sovereignty -- Presumption of state subject H.B. 380 Enrolled Copy
28
matter jurisdiction -- Resolution of jurisdictional conflicts.
29
(1) As used in this section:
30
(a) "Commission" means the Federalism Commission created in Section 63C-4a-302.
31
(b) "State entity" means:
32
(i) any department, agency, board, commission, or other instrumentality of the state;
33
or
34
(ii) a political subdivision of the state.
35
[(1)] (2) Pursuant to the Ninth and Tenth Amendments of the [Constitution of the United
36
States of America, the state of Utah does solemnly affirm its state] United States
37
Constitution, Utah solemnly affirms the state's sovereignty and fully and unconditionally
38
reserves and asserts all rights and powers, directly and indirectly related to those rights
39
and powers.
40
[(2)] (3) [This] The affirmation, reservation, and assertion of state sovereignty under
41
Subsection (2) includes rights and claims of set-off by the state [of Utah ]for any
42
amounts [it] the state claims to have been inequitably or unlawfully caused or imposed
43
by the federal government.
44
(4) The federal government is a government of limited jurisdiction and power.
45
(5)(a) The state has general governing authority under the state's inherent police power
46
jurisdiction over all governing matters within the state affecting public welfare,
47
safety, health, and morality, as recognized under the Tenth Amendment to the United
48
States Constitution.
49
(b) The subject areas within the state's police powers jurisdiction under Subsection (5)(a)
50
include, without limitation:
51
(i) natural resources;
52
(ii) water resources and water rights;
53
(iii) agriculture;
54
(iv) education; and
55
(v) energy resources.
56
(6) The federalism canon, as prescribed by the United States Supreme Court, requires
57
courts to presume that federal law does not preempt state law because of the sovereignty
58
the states enjoy under the United States Constitution, as amended.
59
(7) The balance of governing jurisdiction and power protects the diversity of the states and
60
ensures the self-governing voice of the people.
61
(8)(a) Jurisdiction over all governing subject matters arising within the state is presumed
- 2 - Enrolled Copy H.B. 380
62
to reside with the state except as otherwise enumerated in the United States
63
Constitution, as amended.
64
(b) The presumption of state jurisdiction under this Subsection (8) may only be
65
overcome if the federal government demonstrates that jurisdiction over the subject
66
matter in question is specifically enumerated to the federal government under the
67
United States Constitution, as amended.
68
(c) If a conflict arises whereby the federal government asserts jurisdiction over subject
69
matters not enumerated under the United States Constitution, as amended, the federal
70
government bears the burden of establishing federal jurisdiction over the subject
71
matter through coordination with the state.
72
Section 2. Effective Date.
73
This bill takes effect on May 7, 2025.
- 3 -