S.B. 78

This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 18, 2009 at 9:14 AM by rday. --> 1

PROTECTION OF CONSTITUTIONALLY
2 GUARANTEED ACTIVITIES IN CERTAIN
3 PRIVATE VENUES
4 2009 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Mark B. Madsen
7 House Sponsor: ____________

8 Cosponsors: 9 Curtis S. Bramble 10 D. Chris Buttars 11 Allen M. Christensen 12 Margaret Dayton 13 Jon J. Greiner 14 David P. Hinkins

Scott K. Jenkins Sheldon L. Killpack Peter C. Knudson Daniel R. Liljenquist Wayne L. Niederhauser Ralph Okerlund

Howard A. Stephenson Dennis E. Stowell Stephen H. Urquhart John L. Valentine Kevin T. Van Tassell Michael G. Waddoups

15
16 LONG TITLE
17 General Description:
18 This bill modifies Title 34, Labor in General, by enacting Title 34, Chapter 45,
19 Protection of Activities in Private Vehicles.
20 Highlighted Provisions:
21 This bill:
22 . provides definitions;
23 . prohibits certain persons from creating or enforcing a policy that prohibits the
24 storage of firearms in a motor vehicle parked on property owned, leased, or
25 otherwise controlled by the person if:
26 . the individual storing the firearm is legally entitled to possess and transport the
27 firearm;
28 . the vehicle is locked, or the firearm is in a locked container; and

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- 2 - 29 . the firearm is not in plain view;
30 . provides exceptions for persons with secured lots under certain circumstances;
31 . prohibits certain persons from creating or enforcing a policy that prohibits the
32 display or possession of items in or on a vehicle parked on property owned, leased,
33 or otherwise controlled by the person if the policy results in a substantial burden on
34 the free exercise of religion;
35 . provides protections from civil liability in relation to occurrences that result from,
36 are connected with, or are incidental to the use of a firearm that is properly stored or
37 transported in a motor vehicle in association with this chapter;
38 . permits an individual to bring a civil action to enforce the requirements of this
39 chapter;
40 . permits a court to grant injunctive relief, declaratory relief, damages, costs, and
41 attorney fees in association with a suit brought to enforce the requirements of this
42 chapter;
43 . provides that the chapter does not apply to the following:
44 . school premises;
45 . state and local government entities; and
46 . religious organizations;
47 . permits the attorney general to bring an action to enforce the chapter and to request
48 damages on behalf of any individual that has suffered loss due to a violation of this
49 chapter; and
50 . makes technical changes.
51 Monies Appropriated in this Bill:
52 None
53 Other Special Clauses:
54 None
55 Utah Code Sections Affected:
56 ENACTS:
57 34-45-101, Utah Code Annotated 1953
58 34-45-102, Utah Code Annotated 1953
59 34-45-103, Utah Code Annotated 1953

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- 3 - 60 34-45-104, Utah Code Annotated 1953
61 34-45-105, Utah Code Annotated 1953
62 34-45-106, Utah Code Annotated 1953
63 34-45-107, Utah Code Annotated 1953
64
65 Be it enacted by the Legislature of the state of Utah:
66 Section 1. Section 34-45-101 is enacted to read:
67 CHAPTER 45. PROTECTION OF ACTIVITIES IN PRIVATE VEHICLES
68 34-45-101. Title.
69 This chapter is known as "Protection of Activities in Private Vehicles."
70 Section 2. Section 34-45-102 is enacted to read:
71 34-45-102. Definitions.
72 As used in this chapter:
73 (1) "Firearm" has the same meaning as provided in Section 76-10-501 .
74 (2) "Motor vehicle" has the same meaning as provided in Section 41-1a-102 .
75 (3) "Person" means an individual, property owner, landlord, tenant, employer, business
76 entity, or other legal entity.
77 Section 3. Section 34-45-103 is enacted to read:
78 34-45-103. Protection of certain activities -- Firearms -- Free exercise of religion.
79 (1) Except as provided in Subsection (2), a person may not establish, maintain, or
80 enforce any policy or rule that has the effect of:
81 (a) prohibiting any individual from transporting or storing a firearm in a motor vehicle
82 on any property designated for motor vehicle parking, if:
83 (i) the individual is legally permitted to transport, possess, purchase, receive, transfer,
84 or store the firearm;
85 (ii) the firearm is locked securely in the motor vehicle or in a locked container attached
86 to the motor vehicle while the motor vehicle is not occupied; and
87 (iii) the firearm is not in plain view from the outside of the motor vehicle; or
88 (b) prohibiting any individual from possessing any item in or on a motor vehicle on any
89 property designated for motor vehicle parking, if the effect of the policy or rule constitutes a
90 substantial burden on that individual's free exercise of religion.

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- 4 - 91 (2) A person may establish, maintain, or enforce a policy or rule that has the effect of
92 placing limitations on or prohibiting an individual from transporting or storing a firearm in a
93 motor vehicle on property the person has designated for motor vehicle parking if:
94 (a) (i) the property designated for motor vehicle parking is secured by a fence or other
95 physical barrier; and
96 (ii) access to the property designated for motor vehicle parking is controlled by a guard
97 or other security measure; and
98 (b) the person provides, or there is otherwise available, one of the following, in a
99 location on or adjacent to the secured parking area described in Subsection (2)(a):
100 (i) alternative parking for individuals who desire to transport, possess, receive, transfer,
101 or store a firearm in the individual's motor vehicle; or
102 (ii) a secured and monitored storage location where the individual may securely store a
103 firearm before proceeding with the vehicle into the secured parking area.
104 Section 4. Section 34-45-104 is enacted to read:
105 34-45-104. Protection from liability.
106 A person that owns or controls a parking area that is subject to this chapter and that
107 complies with the requirements of Section 34-45-103 is not liable in any civil action for any
108 occurrence resulting from, connected with, or incidental to the use of a firearm, by any person,
109 unless the use of the firearm involves a criminal act by the person who owns or controls the
110 parking area.
111 Section 5. Section 34-45-105 is enacted to read:
112 34-45-105. Cause of action for noncompliance -- Remedies.
113 (1) An individual who is injured, physically or otherwise, as a result of any policy or
114 rule prohibited by Section 34-45-103 , may bring a civil action in a court of competent
115 jurisdiction against any person that violates the provisions of Section 34-45-103 .
116 (2) Any individual who asserts a claim under this section is entitled to request:
117 (a) declaratory relief;
118 (b) temporary or permanent injunctive relief to prevent the threatened or continued
119 violation;
120 (c) recovery for actual damages sustained; and
121 (d) if the court determines that the circumstances are appropriate, punitive damages.

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Senate Committee Amendments 2-18-2009 rd/crp 122

(3) The prevailing party in an action brought under this chapter may recover its court
123 costs and reasonable attorney fees incurred.
124 (4) Nothing in this chapter shall be construed or held to affect any rights or claims
125 made in relation to Title 34A, Chapter 2, Workers' Compensation Act.
126 Section 6. Section 34-45-106 is enacted to read:
127 34-45-106. Enforcement by attorney general.
128 (1) The attorney general may bring an action to enforce this chapter and may request
129 any relief that is provided for under Section 34-45-105 , including a request for damages on
130 behalf of any individual suffering loss because of a violation of this chapter.
131 (2) Upon entry of final judgment for a cause of action brought under this section, the
132 S. [ attorney general shall ] court may .S award restitution, when appropriate, to any individual
132a suffering loss
133 because of a violation of this chapter if proof of loss is submitted to the satisfaction of the
134 court.
135 Section 7. Section 34-45-107 is enacted to read:
136 34-45-107. Exemptions -- Limitations on chapter -- School premises --
137 Government entities -- Religious organizations -- Single family detached residential units.
138 (1) (a) School premises, as defined in Subsection 76-3-203.2 (1), are exempt from the
139 provisions of this chapter.
140 (b) Possession of a firearm on or about school premises is subject to the provisions of
141 Section 76-10-505.5 .
142 (2) Government entities, including a local authority or state entity, are subject to the
143 requirements of Title 53, Chapter 5a, Firearm Laws, but are otherwise exempt from the
144 provisions of this chapter.
145 (3) Religious organizations, including religious organizations acting as an employer,
146 are exempt from, and are not subject to the provisions of this chapter.
147 (4) Owner-occupied single family detached residential units and tenant-occupied single
148 family detached residential units are exempt from the provisions of this chapter.

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Legislative Review Note
as of 12-29-08 2:59 PM

Office of Legislative Research and General Counsel