Bill Summary – FastDemocracy

Enrolled Copy                                                                            S.B. 115
                          FIREARM PREEMPTION AMENDMENTS
                                        2022 GENERAL SESSION
                                            STATE OF UTAH
                                 Chief Sponsor: Chris H. Wilson
                                   House Sponsor: A. Cory Maloy
 6
 LONG TITLE
 General Description:
          This bill addresses the Legislature's preemption of the field of firearm regulation for the
 state.
 Highlighted Provisions:
          This bill:
          < defines terms;
          < clarifies preemption of the field of firearms regulation;
          < creates the Firearms Preemption Enforcement Act;
          < outlines exceptions and violations of legislative firearm preemption;
          < provides for civil action and remedies for a violation of legislative firearm
 preemption;
          < addresses governmental immunity; and
          < makes technical changes.
 Money Appropriated in this Bill:
          None
 Other Special Clauses:
          None
 Utah Code Sections Affected:
 AMENDS:
          53-5a-102, as last amended by Laws of Utah 2013, Chapter 278
          63G-7-301, as last amended by Laws of Utah 2020, Chapters 288, 338, and 365
          76-10-500, as enacted by Laws of Utah 1999, Chapter 5
       S.B. 115                                                                          Enrolled Copy
 ENACTS:
        53-5a-103.5, Utah Code Annotated 1953
        78B-6-2301, Utah Code Annotated 1953
        78B-6-2302, Utah Code Annotated 1953
        78B-6-2303, Utah Code Annotated 1953
35
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53-5a-102 is amended to read:
        53-5a-102. Uniform firearm laws.
        (1) As used in this section:
        (a) "Ammunition" means the same as that term is defined in Section 53-5d-102.
        (b) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
        (c) "Firearm" means:
        (i) a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a
 device that could be used as a dangerous weapon from which is expelled a projectile by action
 of an explosive;
        (ii) ammunition; and
        (iii) a firearm accessory.
        (d) "Firearm accessory" means the same as that term is defined in Section 53-5b-103.
        (e) "Local or state governmental entity" means the same as that term is defined in
 Section 78B-6-2301.
        (f) "Short barreled shotgun" or "short barreled rifle" means the same as that term is
 defined in Section 76-10-501.
        (g) "Shotgun" means the same as that term is defined in Section 76-10-501.
        [(1)] (2) The individual right to keep and bear arms being a constitutionally protected
 right under Article I, Section 6 of the Utah Constitution and the Second Amendment to the
 United States Constitution, the Legislature finds the need to provide uniform civil and criminal
 firearm laws throughout the state and declares that the Legislature occupies the whole field of
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       Enrolled Copy                                                                                S.B. 115
 state regulation of firearms.
        [(2)] (3) Except as specifically provided by state law, a local [authority] or state
 governmental entity may not:
        (a) prohibit an individual from owning, possessing, purchasing, selling, transferring,
 transporting, or keeping a firearm at the individual's place of residence, property, business, or
 in any vehicle lawfully in the individual's possession or lawfully under the individual's control;
 or
        (b) require an individual to have a permit or license to purchase, own, possess,
 transport, or keep a firearm.
        [(3)] (4) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is
 uniformly applicable throughout this state and in all [its] the state's political subdivisions [and
 municipalities].
        [(4) All authority] (5) Authority to regulate firearms is reserved to the state except
 where the Legislature specifically delegates responsibility to local [authorities] or state
 governmental entities.
        [(5)] (6) Unless specifically authorized by the Legislature by statute, a local [authority
 or state entity] or state governmental entity may not enact, establish, or enforce any ordinance,
 regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the
 possession, ownership, purchase, sale, transfer, transport, or use of firearms on either public or
 private property.
        [(6) As used in this section:]
        [(a) "firearm" has the same meaning as defined in Section 76-10-501; and]
        [(b) "local authority or state entity" includes public school districts, public schools, and
 state institutions of higher education.]
        [(7) Nothing in this section restricts or expands]
        (7) This section does not restrict or expand private property rights.
        (8) A violation of this section is subject to Title 78B, Chapter 6, Part 23, Firearm
 Preemption Enforcement Act.
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        S.B. 115                                                                       Enrolled Copy
        Section 2. Section 53-5a-103.5 is enacted to read:
        53-5a-103.5. Firearm regulation in homeless shelters.
        (1) As used in this section:
        (a) (i) "Homeless shelter" means a permanent or temporary facility operated or owned
 by a local or state governmental entity that provides temporary shelter to homeless individuals
 and has the capacity to provide temporary shelter to at least 10 individuals per night.
        (ii) "Homeless shelter" does not include a permanent or temporary facility operated by
 a local or state governmental entity that provides temporary shelter to individuals displaced due
 to a disaster or under a state of emergency.
        (b) "Local or state governmental entity" means the same as that term is defined in
 Section 78B-6-2301.
        (2) (a) Except as provided in Subsection (2)(b) and subject to Subsection (3), a local or
 state governmental entity may prohibit the possession of a firearm within a homeless shelter
 over which the local or state government entity exercises authority.
        (b) A local or state governmental entity may not prohibit the possession of a firearm on
 the grounds outside of a homeless shelter.
        (3) If a local or state governmental entity prohibits the possession of a firearm under
 Subsection (2), the local or state governmental entity shall:
        (a) display readily visible signage at all public entrances of the homeless shelter
 indicating that firearms are not permitted inside the homeless shelter;
        (b) (i) provide a means of detecting a firearm at all public entrances to the homeless
 shelter; and
        (ii) ensure an individual is physically present at a public entrance to the homeless
 shelter when the public entrance to the homeless shelter is in use;
        (c) provide secure storage for a firearm while an individual is inside the homeless
 shelter; and
        (d) prohibit the collection of information about a firearm that is stored at the homeless
 shelter, including taking a photograph of the firearm or recording the serial number of the
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        Enrolled Copy                                                                              S.B. 115
 firearm.
        (4) A stored firearm in a homeless shelter that is abandoned for more than seven days
 by the owner of the firearm may be relinquished by the homeless shelter to a law enforcement
 agency for disposal.
        Section 3. Section 63G-7-301 is amended to read:
        63G-7-301. Waivers of immunity.
        (1) (a) Immunity from suit of each governmental entity is waived as to any contractual
 obligation.
        (b) Actions arising out of contractual rights or obligations are not subject to the
 requirements of Section 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
        (c) The Division of Water Resources is not liable for failure to deliver water from a
 reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
 Act, if the failure to deliver the contractual amount of water is due to drought, other natural
 condition, or safety condition that causes a deficiency in the amount of available water.
        (2) Immunity from suit of each governmental entity is waived:
        (a) as to any action brought to recover, obtain possession of, or quiet title to real or
 personal property;
        (b) as to any action brought to foreclose mortgages or other liens on real or personal
 property, to determine any adverse claim on real or personal property, or to obtain an
 adjudication about any mortgage or other lien that the governmental entity may have or claim
 on real or personal property;
        (c) as to any action based on the negligent destruction, damage, or loss of goods,
 merchandise, or other property while it is in the possession of any governmental entity or
 employee, if the property was seized for the purpose of forfeiture under any provision of state
 law;
        (d) subject to Subsection 63G-7-302(1), as to any action brought under the authority of
 Utah Constitution, Article I, Section 22, for the recovery of compensation from the
 governmental entity when the governmental entity has taken or damaged private property for
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        S.B. 115                                                                        Enrolled Copy
 public uses without just compensation;
        (e) subject to Subsection 63G-7-302(2), as to any action brought to recover attorney
 fees under Sections 63G-2-405 and 63G-2-802;
        (f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
 Act;
        (g) as to any action brought to obtain relief from a land use regulation that imposes a
 substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
 Land Use Act;
        (h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
        (i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
 crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
        (ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
 or other public improvement;
        (i) subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury
 proximately caused by a negligent act or omission of an employee committed within the scope
 of employment; [and]
        (j) notwithstanding Subsection 63G-7-101(4), as to a claim for an injury resulting from
 a sexual battery, as provided in Section 76-9-702.1, committed:
        (i) against a student of a public elementary or secondary school, including a charter
 school; and
        (ii) by an employee of a public elementary or secondary school or charter school who:
        (A) at the time of the sexual battery, held a position of special trust, as defined in
 Section 76-5-404.1, with respect to the student;
        (B) is criminally charged in connection with the sexual battery; and
        (C) the public elementary or secondary school or charter school knew or in the exercise
 of reasonable care should have known, at the time of the employee's hiring, to be a sex
 offender, as defined in Section 77-41-102, required to register under Title 77, Chapter 41, Sex
 and Kidnap Offender Registry, whose status as a sex offender would have been revealed in a
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        Enrolled Copy                                                                          S.B. 115
 background check under Section 53G-11-402[.]; and
        (k) as to any action brought under Section 78B-6-2303.
        (3) (a) As used in this Subsection (3):
        (i) "Code of conduct" means a code of conduct that:
        (A) is not less stringent than a model code of conduct, created by the State Board of
 Education, establishing a professional standard of care for preventing the conduct described in
 Subsection (3)(a)(i)(D);
        (B) is adopted by the applicable local education governing body;
        (C) regulates behavior of a school employee toward a student; and
        (D) includes a prohibition against any sexual conduct between an employee and a
 student and against the employee and student sharing any sexually explicit or lewd
 communication, image, or photograph.
        (ii) "Local education agency" means:
        (A) a school district;
        (B) a charter school; or
        (C) the Utah Schools for the Deaf and the Blind.
        (iii) "Local education governing board" means:
        (A) for a school district, the local school board;
        (B) for a charter school, the charter school governing board; or
        (C) for the Utah Schools for the Deaf and the Blind, the state board.
        (iv) "Public school" means a public elementary or secondary school.
        (v) "Sexual abuse" means the offense described in Subsection 76-5-404.1(2).
        (vi) "Sexual battery" means the offense described in Section 76-9-702.1, considering
 the term "child" in that section to include an individual under age 18.
        (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
 claim against a local education agency for an injury resulting from a sexual battery or sexual
 abuse committed against a student of a public school by a paid employee of the public school
 who is criminally charged in connection with the sexual battery or sexual abuse, unless:
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        S.B. 115                                                                        Enrolled Copy
        (i) at the time of the sexual battery or sexual abuse, the public school was subject to a
 code of conduct; and
        (ii) before the sexual battery or sexual abuse occurred, the public school had:
        (A) provided training on the code of conduct to the employee; and
        (B) required the employee to sign a statement acknowledging that the employee has
 read and understands the code of conduct.
        (4) (a) As used in this Subsection (4):
        (i) "Higher education institution" means an institution included within the state system
 of higher education under Section 53B-1-102.
        (ii) "Policy governing behavior" means a policy adopted by a higher education
 institution or the Utah Board of Higher Education that:
        (A) establishes a professional standard of care for preventing the conduct described in
 Subsections (4)(a)(ii)(C) and (D);
        (B) regulates behavior of a special trust employee toward a subordinate student;
        (C) includes a prohibition against any sexual conduct between a special trust employee
 and a subordinate student; and
        (D) includes a prohibition against a special trust employee and subordinate student
 sharing any sexually explicit or lewd communication, image, or photograph.
        (iii) "Sexual battery" means the offense described in Section 76-9-702.1.
        (iv) "Special trust employee" means an employee of a higher education institution who
 is in a position of special trust, as defined in Section 76-5-404.1, with a higher education
 student.
        (v) "Subordinate student" means a student:
        (A) of a higher education institution; and
        (B) whose educational opportunities could be adversely impacted by a special trust
 employee.
        (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
 claim for an injury resulting from a sexual battery committed against a subordinate student by a
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        Enrolled Copy                                                                            S.B. 115
 special trust employee, unless:
        (i) the institution proves that the special trust employee's behavior that otherwise would
 constitute a sexual battery was:
        (A) with a subordinate student who was at least 18 years old at the time of the
 behavior; and
        (B) with the student's consent; or
        (ii) (A) at the time of the sexual battery, the higher education institution was subject to
 a policy governing behavior; and
        (B) before the sexual battery occurred, the higher education institution had taken steps
 to implement and enforce the policy governing behavior.
        Section 4. Section 76-10-500 is amended to read:
        76-10-500. Uniform law.
        (1) As used in this section:
        (a) "Directive" means the same as that term is defined in Section 78B-6-2301.
        (b) "Firearm" means the same as that term is defined in Section 53-5a-102.
        (c) "Local or state governmental entity" means the same as that term is defined in
 Section 78B-6-2301.
        [(1)] (2) The individual right to keep and bear arms being a constitutionally protec