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Committee backs bill to formalize presumption of state jurisdiction in federal-state disputes
Summary
House Bill 380 would create presumptions favoring state jurisdiction except where the U.S. Constitution or federal law clearly grants authority to the federal government. The Public Utilities and Energy Committee gave the bill a favorable recommendation after public comment and sponsor discussion.
The House Public Utilities and Energy Committee unanimously recommended House Bill 380, which creates a formal presumption that matters not delegated to the federal government in the Constitution remain within state jurisdiction.
Sponsor Representative Ivory said the measure directs a Utah commission to engage with the federal government when federal agencies assert jurisdiction beyond what the sponsor views as constitutionally delegated powers. He cited recent Supreme Court language recognizing state sovereignty and mentioned the “federalism canon” and Chevron deference debates during the presentation.
Public testimony included supporters who framed the bill as a defense of state prerogatives. Diane Livingston of the Worldwide Organization for Women and Delaine England of Utah Eagle Forum both urged the committee to support the measure. An online commenter, Kale Weston, said he supported broader participation in discussions and urged inclusion of more perspectives.
Representative Peck moved that the committee favorably pass the bill; the chair announced the motion passed unanimously.
The committee record shows the bill is intended to establish a process by which the state asserts its interests and seeks coordination when jurisdictional questions arise between state and federal authorities. The committee advanced the bill for further consideration.
