Second Substitute H.B. 114

This document includes House Committee Amendments incorporated into the bill on Mon, Mar 4, 2013 at 2:59 PM by lerror. --> This document includes House Floor Amendments incorporated into the bill on Fri, Mar 8, 2013 at 10:33 AM by jeyring. -->

Representative Brian M. Greene proposes the following substitute bill:

1 SECOND AMENDMENT PRESERVATION ACT
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brian M. Greene
5 Senate Sponsor: Margaret Dayton
6 Cosponsors:
7 Jacob L. Anderegg
8 Jerry B. Anderson
9 Kay J. Christofferson
10 Rich Cunningham
11 Gage Froerer
12 Francis D. Gibson
13 Richard A. GreenwoodKeith Grover
Ken Ivory
Michael S. Kennedy
David E. Lifferth
John G. Mathis
Daniel McCay
Mike K. McKell
Ronda Rudd MenloveMichael E. Noel
Curtis Oda
Jeremy A. Peterson
Paul Ray
Marc K. Roberts
John R. Westwood
Ryan D. Wilcox 14
15 LONG TITLE
16 General Description:
17 This bill affirms that the regulation of intrastate firearm activity is subject to the
18 exclusive jurisdiction of the state.
19 Highlighted Provisions:
20 This bill:
21 . affirms that it is the exclusive authority of the state Legislature to adopt and enact
22 any and all laws, orders, rules, or regulations regarding the manufacture, transfer,
23 possession, ownership, and use of firearms exclusively within this state;
24 . provides that state officials and employees may not enforce, or be compelled to

25 enforce, federal regulations related to firearms; and
26 . provides that federal officials may not enforce contrary federal regulations related to
27 intrastate firearm activity
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 This bill provides an immediate effective date.
32 Utah Code Sections Affected:
33 AMENDS:
34 63C-4-102, as last amended by Laws of Utah 2012, Chapters 324 and 377
35 ENACTS:
36 53-5c-101, Utah Code Annotated 1953
37 53-5c-102, Utah Code Annotated 1953
38 53-5c-103, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53-5c-101 is enacted to read:
42 CHAPTER 5c. SECOND AMENDMENT PRESERVATION ACT
43 53-5c-101. Title.
44 This chapter is known as the "Second Amendment Preservation Act."
45 Section 2. Section 53-5c-102 is enacted to read:
46 53-5c-102. Legislative authority.
47 In addition to the provisions of Sections 53-5a-102 and 76-10-500 , and with respect to
48 wholly intrastate activity, the Legislature:
49 (1) affirms that all statutes, orders, rules, and regulations pertaining to the regulation of
50 firearms, firearm accessories, ammunition, or ammunition components enacted or authorized
51 by the Legislature shall enjoy legal primacy within this state over any and all conflicting federal
52 statutes, orders, rules, and regulations; and
53 (2) finds that a federal statute, regulation, rule, or order that has the purpose, intent, or
54 effect of confiscating or banning any firearm H. [ , ] or .H firearm accessory, limiting the
54a capacity of a
55 firearm magazine, imposing any limitation on ammunition or an ammunition component, or

56 requiring the registration of any firearm or ammunition infringes on the right of citizens of
57 Utah to keep and bear arms as protected by the Second Amendment to the United States
58 Constitution and Article I, Section 6 of the Utah Constitution.
59 Section 3. Section 53-5c-103 is enacted to read:
60 53-5c-103. Prohibition of certain actions by state and federal officers and
61 employees.
62 (1) An officer or employee of this state, or of any political subdivision, may not
63 enforce, attempt to enforce, or be compelled to enforce any federal statute, order, rule, or
64 regulation relating to the intrastate ownership, possession, sale, or transfer of a personal
65 firearm, a firearm accessory, ammunition, or ammunition component.
66 (2) An officer or employee of the federal government may not enforce or attempt to
67 enforce any federal statute, order, rule, or regulation relating to the intrastate ownership,
68 possession, sale, or transfer of a personal firearm, a firearm accessory, ammunition, or
69 ammunition component.
69a H. (3) The prohibitions in this section apply only to the enforcement of federal statutes,
69b orders, rules and regulations that:
69c (a) have been judicially declared to conflict with state law; and
69d (b) are enforced against wholly intrastate activity. .H
70 Section 4. Section 63C-4-102 is amended to read:
71 63C-4-102. Duties.
72 (1) The Constitutional Defense Council is a council to assist the governor and the
73 Legislature on the following types of issues:
74 (a) the constitutionality of federal mandates;
75 (b) when making recommendations to challenge the federal mandates and regulations
76 described in Subsections (1)(f)(i) through (v), the rationale for and effectiveness of those
77 federal mandates or regulations;
78 (c) legal and policy issues surrounding state and local government rights under R.S.
79 2477;
80 (d) legal issues relating to the rights of the School and Institutional Trust Lands
81 Administration and its beneficiaries;
82 (e) a disagreement with another state regarding the use or ownership of water; and
83 (f) the advisability, feasibility, estimated cost, and likelihood of success of challenging:
84 (i) federal court rulings that:
85 (A) hinder the management of the state's prison system and place undue financial
86 hardship on the state's taxpayers;

87 (B) impact a power or a right reserved to the state or its citizens by the United States
88 Constitution, Amendment IX or X; or
89 (C) expand or grant a power to the United States government beyond the limited,
90 enumerated powers granted by the United States Constitution;
91 (ii) federal laws [or], regulations, or policies that:
92 (A) reduce or negate water rights or the rights of owners of private property, or the
93 rights and interest of state and local governments, including sovereignty interests and the power
94 to provide for the health, safety, and welfare, and promote the prosperity of their inhabitants;
95 and
96 (B) infringe upon the fundamental rights of Utah's citizens protected under the
97 Constitution of the United States or the Constitution of Utah;
98 (iii) conflicting federal regulations or policies in land management on federal land;
99 (iv) federal intervention that would damage the state's mining, timber, and ranching
100 industries;
101 (v) the authority of the Environmental Protection Agency and Congress to mandate
102 local air quality standards and penalties; and
103 (vi) other issues that are relevant to this Subsection (1).
104 (2) The council shall:
105 (a) provide advice to the governor, state planning coordinator, and the public lands
106 policy coordinator concerning coordination of:
107 (i) state and local government rights under R.S. 2477; and
108 (ii) other public lands issues;
109 (b) approve a plan for R.S. 2477 rights developed in accordance with Section
110 63C-4-104 ; and
111 (c) review, at least quarterly:
112 (i) financial statements concerning implementation of the plan for R.S. 2477 rights;
113 and
114 (ii) financial and other reports from the Public Lands Policy Coordinating Office
115 concerning its activities.
116 (3) The council chair may require the attorney general or a designee to provide
117 testimony on potential legal actions that would enhance the state's sovereignty or authority on

118 issues affecting Utah and the well-being of its citizens.
119 (4) The council chair may direct the attorney general to initiate and prosecute any
120 action that the council determines will further its purposes, including an action described in
121 Section 67-5-29 .
122 (5) (a) Subject to the provisions of this section, the council may select and employ
123 attorneys to implement the purposes and duties of the council.
124 (b) The council chair may, in consultation with the council, direct any council attorney
125 in any manner considered appropriate by the attorney general to best serve the purposes of the
126 council.
127 (c) The attorney general shall negotiate a contract for services with any attorney
128 selected and approved for employment under this section.
129 (6) The council chair may, only with the concurrence of the council, review and
130 approve all claims for payments for:
131 (a) legal services that are submitted to the council;
132 (b) an action filed in accordance with Section 67-5-29 ; and
133 (c) costs related to a constitutional defense plan approved in accordance with Section
134 63C-4-104 that are submitted by:
135 (i) the Public Lands Policy Coordinating Office;
136 (ii) the School and Institutional Trust Lands Administration; or
137 (iii) the Office of the Attorney General.
138 (7) Within five business days' notice, the council chair may, with the concurrence of
139 the council, order the attorney general or an attorney employed by the council to cease work to
140 be charged to the fund.
141 (8) (a) At least 20 calendar days before the state submits comments on the draft
142 environmental impact statement or environmental assessment for a proposed land management
143 plan of any federal land management agency, the governor shall make those documents
144 available to:
145 (i) members of the council; and
146 (ii) any county executive, county council member, or county commissioner of a county
147 that is covered by the management plan and that has established formal cooperating agency
148 status with the relevant federal land management agency regarding the proposed plan.

149 (b) (i) Council members or local government officials receiving the documents may
150 make recommendations to the governor or the governor's designee concerning changes to the
151 documents before they are submitted to the federal land management agency.
152 (ii) Council members or local government officials shall submit recommendations to
153 the governor or the governor's designee no later than 10 calendar days after receiving the
154 documents under Subsection (8)(a).
155 (c) Documents transmitted or received under this Subsection (8) are drafts and are
156 protected records pursuant to Subsection 63G-2-305 (21).
157 (9) The council shall submit a report on December 1 of each year by electronic mail
158 that summarizes the council's activities to each legislator.
159 Section 5. Effective date.
160 If approved by two-thirds of all the members elected to each house, this bill takes effect
161 upon approval by the governor, or the day following the constitutional time limit of Utah
162 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
163 the date of veto override.





Amended Legislative Review Note
as of 3-8-13 3:10 PM

Second Substitute House Bill 114, as amended and passed by the House of Representatives, does not have a high probability of being held unconstitutional.

Office of Legislative Research and General Counsel

[Bill Documents]