Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 380 (2025GS)

Sponsor

Rep. Ivory, Ken

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• establishes the principles of state sovereignty, including the presumption that jurisdiction over subject matters not enumerated to the federal government in the United States Constitution remains with the state;
• provides that any presumption against state jurisdiction may be overcome only by federal demonstration of specific constitutional authorization;
• places the burden on the federal government in jurisdictional conflicts between the state and federal government;
• requires the Federalism Commission to coordinate with federal agencies and state entities to help to resolve jurisdictional conflicts; and
• makes technical changes.

Every vote on this bill

Bill text

9
63G-16-101
63G-16-101
0
Presumption of State Jurisdiction Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill addresses state sovereignty and establishes a presumption of state jurisdiction.
Highlighted Provisions:
This bill:
defines terms;
establishes the principles of state sovereignty, including the presumption that jurisdiction 
over subject matters not enumerated to the federal government in the United States 
Constitution remains with the state;
provides that any presumption against state jurisdiction may be overcome only by federal 
demonstration of specific constitutional authorization;
places the burden on the federal government in jurisdictional conflicts between the state 
and federal government; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-16-101
, as enacted by Laws of Utah 2012, Chapter 38
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
63G-16-101
 is amended to read:
63G-16-101
. Principles of state sovereignty -- Presumption of state subject 
matter jurisdiction -- Resolution of jurisdictional conflicts.
(1)
As used in this section:
(a)
"Commission" means the Federalism Commission created in Section 
63C-4a-302
.
(b)
"State entity" means:
(i)
any department, agency, board, commission, or other instrumentality of the state; 
or
(ii)
a political subdivision of the state.
(1)
(2)
Pursuant to the Ninth and Tenth Amendments of the 
Constitution of the United 
States of America, the state of Utah does solemnly affirm its state
United States 
Constitution, Utah solemnly affirms the state's
 sovereignty and fully and unconditionally 
reserves and asserts all rights and powers, directly and indirectly related to those rights 
and powers.
(2)
(3)
This
The
 affirmation, reservation, and assertion 
of state sovereignty under 
Subsection 
(2)
includes rights and claims of set-off by the state 
of Utah 
for any 
amounts 
it
the state
 claims to have been inequitably or unlawfully caused or imposed 
by the federal government.
(4)
The federal government is a government of limited jurisdiction and power.
(5)
(a)
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.
(b)
The subject areas within the state's police powers jurisdiction under Subsection (5)(a) 
include, without limitation:
(i)
natural resources;
(ii)
water resources and water rights;
(iii)
agriculture;
(iv)
education; and
(v)
energy resources.
(6)
The federalism canon, as prescribed by the United States Supreme Court, requires 
courts to presume that federal law does not preempt state law because of the sovereignty 
the states enjoy under the United States Constitution, as amended.
(7)
The balance of governing jurisdiction and power protects the diversity of the states and 
ensures the self-governing voice of the people.
(8)
(a)
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.
(b)
The presumption of state jurisdiction under this Subsection (8) 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.
(c)
If a conflict arises whereby the federal government asserts jurisdiction over subject 
matters not enumerated under the United States Constitution, as amended, the federal 
government bears the burden of establishing federal jurisdiction over the subject 
matter through coordination with the state.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 3:13 PM