Bill Summary – FastDemocracy

1st Sub. (Buff) H.B. 119                                                    01-25-24 10:59 AM
26
  Be it enacted by the Legislature of the state of Utah:
            Section 1. Section 53-22-105 is enacted to read:
            53-22-105. Educator-Protector Program.
            (1) As used in this section:
            (a) "Annual classroom response training" means a training for a teacher:
            (i) that held at least once a year and is administered, at no cost º [, by a county sheriff, the
 department, or a local law enforcement agency for a teacher] to a teacher, by the individual
33a identified by the county sheriff as described in Section 53-22-103 » ; and
            (ii) where the teacher is trained:
            (A) on how to defend a classroom º [, including a live action practice in defending] »
35a against
  active threats emphasizing the teacher's role in stationary defense; and
            (B) on the safe loading, unloading, storage, and carrying of firearms in a school setting.
            (b) "Annual firearms training" means a training that is held at least once a year and
  that:
            (i) is at least four hours in length;
            (ii) includes practicing and demonstrating firearms proficiency at a firearms range
  using the firearm the teacher carries for self-defense and defense of others; and
            (iii) is offered:
            (A) at no cost to a teacher, by º [a county sheriff, the department, or a local law
 enforcement agency] the individual identified by the county sheriff as described in Section 53-
45a   22-103 » ;
            (B) by a national, state, or local firearms training organization that is approved by the
  bureau to provide firearms training; or
            (C) by an individual who has been certified by the bureau to provide firearms training,
  including a law enforcement officer, a military firearms instructor, a civilian firearms
  instructor, or a hunter safety instructor.
            (c) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
            (d) "Local education agency" means the same as that term is defined in Section
  53E-1-102.
            (e) "Program" means the Educator-Protector Program created under this section.
            (f) "Teacher" means an individual employed by a local education agency who has an
  assignment to teach in a classroom.
                                                        -2-         House Committee Amendments 2-22-2024 ho/sl
        01-25-24 10:59 AM                                                     1st Sub. (Buff) H.B. 119
          (2) There is created the Educator-Protector Program to incentivize a teacher to
  responsibly secure or carry a firearm on the grounds of the school where the teacher is
  employed.
          (3) (a) To participate in the program, a teacher shall:
          (i) have completed within six months before the day on which the teacher joins the
  program:
          (A) an annual classroom response training; and
          (B) an annual firearms training;
          (ii) have a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
  Concealed Firearm Act; and
          (iii) certify to the department that the teacher satisfies the requirements described in
  Subsections (3)(a)(i) and (3)(a)(ii) and intends to securely store or carry a firearm on the
  grounds of a school where the teacher is employed.
          (b) After joining the program, to retain the teacher's active status in the program, a
  teacher shall:
          (i) participate in annual classroom response training;
          (ii) participate in annual firearms training; and
          (iii) comply with any rules established by the department in accordance with
  Subsection (11).
          (4) (a) The state security chief shall:
          (i) track each teacher that participates in the program by collecting a photograph, name,
  and contact information for each teacher;
          (ii) make the information described in Subsection (4)(a) readily available to each law
  enforcement agency in the state;
          (iii) reimburse each teacher participating in the program up to $500 for installing a
  biometric gun safe in the teacher's classroom or office; and
          (iv) provide º [reasonable reimbursement] a reimbursement of up to $500 » to a
83a county sheriff º [or local law enforcement
 agency that provides a teacher with] for each teacher that is provided » annual classroom
84a response training º [or] and » annual firearms
  training.
          (b) The state security chief shall categorize the information described in Subsection
  (4)(a)(i) by school.
87a   º (c) The state security chief shall discontinue providing reimbursements under Subsections
87b   (4)(a)(iii) and (iv) when any funds appropriated by the Legislature for that purpose have been
87c depleted. »
                                                        -3-       House Committee Amendments 2-22-2024 ho/sl
         1st Sub. (Buff) H.B. 119                                                    01-25-24 10:59 AM
            (5) A school employee participating in the program:
            (a) may store the teacher's firearm on the grounds of a school only if:
            (i) the firearm is stored in a biometric gun safe;
            (ii) the biometric gun safe is located in the teacher's classroom or office; and
            (iii) the teacher is physically present on the grounds of the school while the firearm is
  stored in the biometric gun safe; and
            (b) shall carry the teacher's firearm in a concealed manner unless during an active
  threat.
            (6) This section does not prohibit an individual who has a valid concealed carry permit
  but is not participating in the program from carrying firearms on the grounds of a school as
  described in Subsection 76-10-505.5(4).
            (7) (a) A teacher º who has active status » in the program º [when carrying,
 99a using, or storing a firearm] » is not liable
  for any civil damages or penalties if the teacher:
100a   º (i) when carrying or storing a firearm: »
           º [(i) has active status in the program;] »
           º [(ii)] (A) » is acting in good faith; and
            º [(iii)] (B) » is not grossly negligent º [.] ; or
103a             (ii) threatens, draws, or otherwise uses a firearm reasonably believing the action to be
103b necessary in compliance with Section 76-2-402. »
            (b) A local education agency is not liable for civil damages or penalties resulting from
  a teacher who is participating in the program carrying, using, or storing a firearm at a school.
            (8) Each school within a local education agency shall post a sign that states that the
  school is not a gun free zone and an individual intending to commit violence on the school's
  grounds may be confronted by armed resistance.
            (9) A local education agency may not prevent a teacher from participating in the
  program under this section.
            (10) (a) Any information or record created detailing a teacher's participation in the
  program is:
            (i) a private, controlled, or protected record under Title 63G, Chapter 2, Government
  Records Access and Management Act; and
            (ii) available only to
            (A) the state security chief;
            (B) a local law enforcement agency that would respond to the school in case of an
  emergency; and
                                                         -4-               House Floor Amendments 2-26-2024 ho/sl
         01-25-24 10:59 AM                                                         1st Sub. (Buff) H.B. 119
             (C) the individual designated by the county sheriff in accordance with Section
  53-22-103 of the county of the school where the teacher in the program is located.
             (b) The information or record described in Subsection (10)(a) includes the information
  described in Subsection (4)(a)(i) and any personal identifying information of a teacher
  participating in the program collected or obtained during annual classroom response training
  and annual firearms training.
             (c) An individual who intentionally or knowingly provides the information described in
  Subsection (10)(a) to an individual or entity not listed in Subsection (10)(a)(ii) is guilty of a
  class A misdemeanor.
             (11) The department may adopt, according to Title 63G, Chapter 3, Utah
  Administrative Rulemaking Act, rules to administer this section.
             Section 2. Section 76-10-505.5 is amended to read:
             76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled
  shotgun on or about school premises -- Penalties.
             (1) As used in this section, "on or about school premises" means:
             (a) (i) in a public or private elementary or secondary school; or
             (ii) on the grounds of any of those schools; º [or] »
             (b) (i) in a public or private institution of higher education; or
             (ii) on the grounds of a public or private institution of higher education; º [and] or »
             º [(iii) (A)] (c)(i) » inside the building where a preschool or child care is being held, if
138a the entire
  building is being used for the operation of the preschool or child care; or
             º [(B)] (ii) » if only a portion of a building is being used to operate a preschool or child
140a care, in
  that room or rooms where the preschool or child care operation is being held.
             (2) [A person] An actor may not possess any dangerous weapon, firearm, or short
  barreled shotgun, as those terms are defined in Section 76-10-501, at a place that the [person]
  actor knows, or has reasonable cause to believe, is on or about school premises as defined in
  this section.
             (3) (a) Possession of a dangerous weapon on or about school premises is a class B
  misdemeanor.
             (b) Possession of a firearm or short barreled shotgun on or about school premises is a
  class A misdemeanor.
                                                           -5-               House Floor Amendments 2-26-2024 ho/sl
Statutes affected: 
H.B. 119 2nd Substitute (Not Adopted) Text: 76-10-505.5
Amended: 76-10-505.5
Enrolled: 76-10-505.5
H.B. 119 1st Substitute Amended Pages Only: 76-10-505.5
H.B. 119 1st Substitute (Not Adopted) Text: 76-10-505.5
Introduced: 53G-8-801, 76-10-505.5