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Utah lawmakers address federalism while working to balance state, federal jurisdiction

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Utah lawmakers address federalism while working to balance state, federal jurisdiction


A new bill dealing with federal and state jurisdictional conflict is just one of multiple bills this session meant to deal with federal government overreach and emphasize Utah’s sovereignty.

HB380 establishes a mechanism to deal with jurisdictional conflict between the state and federal governments. It establishes a clear understanding that the federal government has a limited jurisdiction while the state has general jurisdiction.

“It’s the burden of the federal government to prove that it has jurisdiction when it’s acting,” said the bill’s sponsor Rep. Ken Ivory, R-West Jordan. “It’s their obligation to prove where they have authority.”

The goal of the bill is to keep the federal government from overstepping into state matters and it establishes what to if that does happen.

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This bill also emphasizes specific areas where states have jurisdiction. These areas are natural resources, water resources and water rights, agriculture, education and energy resources.

“I think it’s just part of the progression of states rediscovering the general jurisdiction of states. For far too long, states have acted subservient, and that’s not the way our system was designed,” Ivory said.

According to Ivory, the general governing jurisdiction lies with the states while the constitution delegates few things to the federal government that are mostly interstate and international.

“Most of the things that concern the life, liberty, property of people are held by governments that more local, more accountable,” Ivory said. “So this just reestablishes that baseline, and then sets up, almost like a mediation process, rather than, a bully process.”

The bill also cites the Ninth and 10th amendments of the U.S. Constitution which both deal with rights not delegated to the federal government.

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The 10th Amendment delegates all powers not given to the federal government to the states and to the people. The Ninth Amendment gives people power and sovereignty over things that don’t need government oversight such as how people brush their teeth or what clothes they buy.

There is another piece of legislation this session that also emphasizes the rights delegated by the 10th Amendment. SJR6 reaffirm’s Utah’s sovereignty under this amendment and includes the Legislature pledging to safeguard that sovereignty from unconstitutional federal overreach.

Why are these pieces of legislation necessary?

Ivory said that the Constitution is a genius document which sets up an incredible governing structure, but this structure requires both monitoring and maintenance to make sure the delicate balances and limits are functioning properly.

“If you don’t rotate the tires and change the oil and and check the belts regularly after not even a year that car is going to start operating not properly, and after a decade, you probably can’t even drive it anymore,” Ivory said. “Well, we haven’t been doing the regular maintenance on the vehicle of our government, and that’s what this is about.”

Ivory said these pieces of legislation are meant to help rebalance the relationship and partnership between the state and federal governments. It isn’t just the state government limiting the federal government but also looking for ways to work with the federal government.

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“It’s like any organization, when the org chart is out of balance, you rebalance the roles and responsibilities, and that’s what we’re doing,” the representative said.

Ivory said that within a couple years the largest federal expense will be interest on the federal debt and that it is growing more than any other expense. This is unsustainable and needs to be rebalanced.

Over the years the states have allowed those in Washington to take over more and more of the decision-making.

The representative is concerned with the national debt that continues to grow and with that inflation is increasing as well. This is also a concern for the future generations and what life will look like for them.

“I have four grandchildren that I love more than life, and I can’t bear the thought of facing them when they’re trying to make their way in the world, and they say, ‘Grandpa, did you see this coming?’ And I’ll have to say ‘yes.’ And then the next question is going to be, ‘What did you do about it?’” Ivory said.

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22-year-old arrested in Utah in connection to Las Vegas double-homicide

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22-year-old arrested in Utah in connection to Las Vegas double-homicide


LAS VEGAS (FOX5) — Officials have identified a 22-year-old man as the suspect in a Las Vegas homicide case that killed two people in a Southern Highlands neighborhood.

Detectives say 22-year-old Ziaire Ham was the suspect in the case. According to officials, Ham was located on Tuesday, March 3, by the Ogden City Police Department and the Utah Highway Patrol.

Ham was taken into custody and booked into the Weber County Jail. Las Vegas authorities said he will be charged with open murder with the use of a deadly weapon and will be extradited back to the valley.

MORE ON FOX5: LVMPD corrections officer arrested on multiple felony charges

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The shooting occurred Monday night at the 11000 block of Victoria Medici Street, near Starr Ave and Dean Martin Drive.

According to police, officers were conducting a vehicle stop in the area when they heard gunfire. After searching nearby neighborhoods they found a car with bullet impacts with a woman and a toddler inside suffering from gunshot wounds.

The pair were transported to hospital where they later died. The Clark County Coroner’s Office identified them as Danaijha Robinson, 20, and 1-year-old Nhalani Hiner.



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Utah nonprofit creates events, experiences for disadvantaged children

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Utah nonprofit creates events, experiences for disadvantaged children


A simple moment watching a child laugh changed everything for Ivan Gonzalez.

Eight years ago, Gonzalez was working at the Ronald McDonald House when he had an idea to throw a birthday carnival for the kids staying there.

“Let’s do a carnival, birthday carnival for the kids,” he said.

MORE | Pay It Forward

What happened during that event stuck with him.

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“There I was watching this kid play whack-a-mole, just having a blast, laughing,” Gonzalez said. “And then I see his mom kind of with happy tears because he’s enjoying himself.”

That moment led to something bigger.

Gonzalez realized the experience shouldn’t stop with just one event or just one group of kids.

“I said, wait, we can do this not just for kids in the hospital,” he said with excitement.

So he started a nonprofit called Best Seat in the House, which creates events and experiences for children who often face difficult circumstances.

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“We provide events and experiences for disadvantaged kids,” Gonzalez said.

The organization serves children battling cancer and other medical conditions, refugee children, kids living in poverty, those in foster care and children with special needs.

“These kids grow up too fast,” Gonzalez said.

For Gonzalez, the mission is deeply personal.

“I grew up very poor,” he said.

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He remembers the people who stepped in for his family when they needed it most.

“The local church, we weren’t even a part of it,” he described. “My parents couldn’t afford Christmas gifts and I still remember the gifts they gave me. They didn’t even know me.”

Today, he hopes to create that same feeling for other children through his nonprofit.

“Kids live in poverty and they don’t know where the next meal is coming from, let alone going to a play or to a game,” Gonzalez said.

But for Gonzalez, the reward isn’t the events themselves, it’s the joy they create.

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“You can give me a billion dollars, all the money in the world,” he says as tears roll down his face. “I won’t trade these opportunitieskids just enjoying life.”

Because of his work giving back, KUTV and Mountain America Credit Union surprised Gonzalez with a Pay it Forward gift to help him continue creating those moments for kids across Utah.

For more information on supporting Best Seat in the House, click here.

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‘Don’t release him ever. Please.’ Family of slain Utah teen calls for justice at parole hearing

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‘Don’t release him ever. Please.’ Family of slain Utah teen calls for justice at parole hearing


SALT LAKE CITY — Francisco Daniel Aguilar says he’s sorry for shooting and killing his girlfriend, 16-year-old Jacqueline “Jacky” Nunez-Millan, a Piute High School sophomore, in 2023.

But just as he did when he was sentenced, he didn’t have much of an explanation on Tuesday as to why he shot her not once, but twice.

“It just kinda happened. I was mad. And I stepped out (of my truck) and started shooting,” he said. “When I saw her fall, I just kind of panicked, I just went and shot her again.”

But Jacky’s friends and family members say even before she was killed, Aguilar already had a history of violence, and they now want justice to be served.

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“You don’t accidentally take a gun, you don’t accidentally grab a knife … you don’t accidentally shoot someone, those are all choices,” a tearful Rosa Nunez, Jacky’s sister, said at Tuesday’s hearing. “Keep him where he needs to be.

“Don’t release him ever. Please.”

On Jan. 7, 2023, Aguilar, who was 17 at the time, got into a fight with his girlfriend, Jacky, shot her twice and left her body near a dirt road outside of Circleville, Piute County. He was convicted as an adult of aggravated murder and sentenced to a term of 25 years to up to life in prison.

Because of Aguilar’s age at the time of the offense, board member Greg Johnson explained Tuesday that the Utah Board of Pardons and Parole is required to hold a hearing much earlier than the 25-year mark, mainly to check on Aguilar and “see how things are going.” Aguilar, now 20, is currently being held in a juvenile secure care facility and will be transferred to the Utah State Prison when he turns 25 or earlier if he has discipline violations and is kicked out of the youth facility.

According to Aguilar’s sentencing guidelines, he will likely remain in custody until at least the year 2051.

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During Tuesday’s hearing, Aguilar told the board that he was feeling “stressed out” during his senior year of high school. He said he and Jacky would often have little arguments. But their bigger fight happened when he failed to get her a “promise ring” around Christmastime, he said.

On the night of the killing, the two were arguing about the promise ring and other items, Aguilar recalled. At one point, he grabbed a knife and then a gun because, he said, he wanted to “irritate” and “scare” Jacky. According to evidence presented in the preliminary hearing, Aguilar and his girlfriend had been “trying to make each other angry” when Aguilar took ammunition and a 9mm gun from his father’s room and then drove to the Black Hill area in his truck with Jacky.

Jacky’s friend, McKall Taylor, went looking for her that night and found her. But after Aguilar shot Jacky in the leg, he began shooting at Taylor, who had no choice but to run to her car to get away. Her car was hit multiple times by bullets. Aguilar then shot Jacky a second time as she lay on the ground and Taylor drove away.

On Tuesday, Taylor’s mother, Lori Taylor, read a statement to the board on her daughter’s behalf.

“My innocence and freedom was taken from me,” she said.

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McKall Taylor says the “horrifying events of that night will forever play in my head,” and the sounds of Jacky screaming and the gunshots as well as the sight of Jacky falling to the ground, will never go away.

“Francisco is a murderer who has zero remorse,” her letter states.

Likewise, Rosa Nunez told the board that for her and her family, “nothing in our world has felt safe since” that night as they all “continue to relive this horrific moment.”

After shooting Jacky and driving off, Aguilar says he called his father and “told him I was sorry for not being better, for not making good choices, I told him that I loved him. I was just planning on probably shooting myself, too.”

His father told him that although what he did wasn’t right, “he’d rather see me behind bars than in a casket,” and then told his son to “be a man about it. … This is where you have to change.”

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Aguilar was arrested after his tires were spiked by police.

“An apology won’t fix what I did. I’ll never be able to fix what I did. But I want to say I’m sorry,” he said Tuesday. “I don’t even know how to fix what I did. I’m hoping I’m on the right track now.”

Johnson noted that Aguilar has done well during his short time being incarcerated. But that doesn’t change the fact “the crime was horrific,” he said.

The full five-member board will now take a vote. The board could decide to schedule another parole hearing for sometime in the future or could order that Aguilar serve his entire life sentence. But even if that were to happen, Johnson says Aguilar could petition every so often for a redetermination hearing.

The board’s decision is expected in several weeks.

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The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.



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