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S.B. 78
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PROTECTION OF CONSTITUTIONALLY
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GUARANTEED ACTIVITIES IN CERTAIN
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PRIVATE VENUES
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2007 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Mark B. Madsen
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House Sponsor:
Curtis Oda
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LONG TITLE
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General Description:
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This bill modifies Title 34, Labor in General, by enacting Title 34, Chapter 44,
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Protection of Activities in Private Vehicles.
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Highlighted Provisions:
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This bill:
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. provides definitions;
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. prohibits certain persons from creating or enforcing a policy that prohibits the
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storage of firearms in a motor vehicle parked on property owned, leased, or
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otherwise controlled by the person if:
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. the individual storing the firearm is legally entitled to possess and transport the
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firearm;
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. the vehicle is locked, or the firearm is in a locked container; and
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. the firearm is not in plain view;
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. provides exceptions for persons with secured lots under certain circumstances;
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. prohibits certain persons from creating or enforcing a policy that prohibits the
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display or possession of items in or on a vehicle parked on property owned, leased,
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or otherwise controlled by the person if the policy results in a substantial burden on
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the free exercise of religion;
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. provides that a person, property owner, tenant, employer, business, or other legal
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entity may not be liable in any civil action for any occurrence which results from, is
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connected with, or is incidental to the use of a firearm that is stored or transported in
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a motor vehicle in association with this chapter;
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. permits an individual to bring a civil action to enforce the requirements of this
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chapter;
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. permits a court to grant injunctive relief, declaratory relief, damages, costs, and
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attorney fees in association with a suit brought to enforce the requirements of this
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chapter;
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. provides that the chapter does not apply to the following:
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. school premises;
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. state and local government entities; and
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. religious organizations;
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. permits the attorney general to bring an action to enforce the chapter and to request
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damages on behalf of any individual that has suffered loss due to a violation of this
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chapter; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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34-44-101, Utah Code Annotated 1953
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34-44-102, Utah Code Annotated 1953
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34-44-103, Utah Code Annotated 1953
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34-44-104, Utah Code Annotated 1953
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34-44-105, Utah Code Annotated 1953
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34-44-106, Utah Code Annotated 1953
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34-44-107, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
34-44-101
is enacted to read:
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CHAPTER 44. PROTECTION OF ACTIVITIES IN PRIVATE VEHICLES
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34-44-101. Title.
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This chapter is known as "Protection of Activities in Private Vehicles."
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Section 2.
Section
34-44-102
is enacted to read:
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34-44-102. Definitions.
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As used in this chapter:
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(1) "Firearm" has the same meeting as provided in Section
76-10-501
.
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(2) "Motor vehicle" has the same meaning as provided in Section
41-1a-102
.
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(3) "Person" means an individual, property owner, landlord, tenant, employer, business
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entity, or other legal entity.
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Section 3.
Section
34-44-103
is enacted to read:
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34-44-103. Protection of certain activities -- Firearms -- Free exercise of religion.
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(1) Except as provided in Subsection (2), a person may not establish, maintain, or
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enforce any policy or rule that has the effect of:
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(a) prohibiting any individual from transporting or storing a firearm in a motor vehicle
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on any property designated for motor vehicle parking, provided that:
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(i) the individual is legally permitted to transport, possess, purchase, receive, transfer,
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or store the firearm;
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(ii) the firearm is locked securely in the motor vehicle or in a locked container attached
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to the motor vehicle while the motor vehicle is not occupied; and
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(ii) the firearm is not in plain view from the outside of the motor vehicle; or
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(b) prohibiting any individual from possessing any item in or on a motor vehicle on any
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property designated for motor vehicle parking, if the effect of the policy or rule constitutes a
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substantial burden on that individual's free exercise of religion.
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(2) A person may establish, maintain, or enforce a policy or rule that has the effect of
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placing limitations on or prohibiting an individual from transporting or storing a firearm in a
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motor vehicle on property the person has designated for motor vehicle parking if:
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(a) (i) the property designated for motor vehicle parking is secured by a fence or other
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physical barrier; and
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(ii) access to the property is designated for motor vehicle parking controlled by a guard
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or other security measure; and
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(b) the person provides, or there is otherwise available, one of the following, in a
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location on or adjacent to the secured parking area described in Subsection (2)(a):
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(i) alternative parking for individuals who desire to transport, possess, receive, transfer,
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or store a firearm in the individual's motor vehicle; or
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(ii) a secured and monitored storage location where the individual may securely store a
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firearm prior to proceeding with the vehicle into the secured parking area.
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Section 4.
Section
34-44-104
is enacted to read:
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34-44-104. Protection from liability.
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A person that owns or controls a parking area that is subject to this chapter and that
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complies with the requirements of Section
34-44-103
is not liable in any civil action for any
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occurrence which results from, is connected with, or is incidental to the use of a firearm which
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is being lawfully stored in accordance with Subsection
34-44-103
(1)(a), unless that person
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commits a criminal act involving the use of the firearm.
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Section 5.
Section
34-44-105
is enacted to read:
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34-44-105. Cause of action for noncompliance -- Remedies.
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(1) An individual who is injured, physically or otherwise, as a result of any policy or
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rule prohibited by Section
34-44-103
, may bring a civil action in a court of competent
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jurisdiction against any person that violates the provisions of Section
34-44-103
.
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(2) Any individual who asserts a claim under this section is entitled to request:
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(a) declaratory relief;
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(b) temporary or permanent injunctive relief to prevent the threatened or continued
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violation;
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(c) recovery for actual damages sustained; and
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(d) if the court determines that the circumstances are appropriate, punitive damages.
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(3) The prevailing party in an action brought under this chapter may recover its court
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costs and reasonable attorney fees incurred.
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(4) Nothing in this chapter shall be construed or held to affect any rights or claims
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made in relation to Title 34A, Chapter 2, Workers' Compensation Act.
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Section 6.
Section
34-44-106
is enacted to read:
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34-44-106. Enforcement by attorney general.
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(1) The attorney general may bring an action to enforce this chapter and may request
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any relief that is provided for under Section
34-44-105
, including a request for damages in
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behalf of any individual suffering loss because of a violation of this chapter.
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(2) Upon entry of final judgment for a cause of action brought under this section, the
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attorney general shall award restitution, when appropriate, to any individual suffering loss
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because of a violation of this chapter if proof of loss is submitted to the satisfaction of the
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court.
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Section 7.
Section
34-44-107
is enacted to read:
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34-44-107. Exemptions -- Limitations on chapter -- School premises --
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Government entities -- Religious organizations.
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(1) (a) School premises, as defined in Subsection
76-3-203.2
(1), are exempt from the
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provisions of this chapter.
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(b) Possession of a firearm on or about school premises shall be subject to the
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provisions of Section
76-10-505.5
.
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(2) Government entities, including a local authority or state entity, are subject to the
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requirements of Title 63, Chapter 98, Firearm Laws, but are otherwise exempt from the
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provisions of this chapter.
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(3) Religious organizations, including religious organizations acting as an employer,
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are exempt from, and are not subject to the provisions of this chapter.
Legislative Review Note
as of 2-15-07 11:25 AM