Bill

Bill > HB0380


UT HB0380

UT HB0380
Presumption of State Jurisdiction Amendments


summary

Introduced
01/31/2025
In Committee
02/27/2025
Crossed Over
02/21/2025
Passed
03/13/2025
Dead
Signed/Enacted/Adopted
03/26/2025

Introduced Session

2025 General Session

Bill Summary

General Description: This bill addresses state sovereignty and establishes a presumption of state jurisdiction.

AI Summary

This bill amends Utah state law to explicitly affirm and strengthen the state's sovereignty and jurisdiction by establishing a presumption that the state has primary governing authority over most matters within its borders. The bill defines key terms like "state entity" and creates a framework that asserts Utah's inherent police power jurisdiction over areas including natural resources, water rights, agriculture, education, and energy resources. It declares that the federal government is a government of limited jurisdiction and that courts should presume state law is not preempted by federal law. The bill requires that federal jurisdiction can only be established if specifically enumerated in the U.S. Constitution, placing the burden on the federal government to prove its jurisdictional claims. If jurisdictional conflicts arise, the federal government must coordinate with the state to establish its authority. This legislation is rooted in the Ninth and Tenth Amendments, which reserve powers not explicitly granted to the federal government to the states and the people. The bill is set to take effect on May 7, 2025, and appears designed to proactively assert state sovereignty and limit federal intervention in state affairs.

Committee Categories

Business and Industry, Health and Social Services

Sponsors (2)

Last Action

Governor Signed in Lieutenant Governor's office for filing (on 03/26/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...