Second Substitute S.B. 251

Representative Melvin R. Brown proposes the following substitute bill:

1 HIGHER EDUCATION - CONCEALED
2 FIREARMS RESTRICTIONS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory S. Bell
6 House Sponsor: Melvin R. Brown
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to the possession and carrying of concealed
11 firearms at institutions of higher education.
12 Highlighted Provisions:
13 This bill:
14 . authorizes a higher education institution to make a rule that allows a dormitory
15 resident to request only roommates who are not licensed to carry a concealed
16 firearm under Section 53-5-704 or 53-5-705 .
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 53B-3-103, as last amended by Chapter 323, Laws of Utah 2002
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 53B-3-103 is amended to read:
27 53B-3-103. Power of board to adopt rules and enact regulations.
28 (1) The board may enact regulations governing the conduct of university and college
29 students, faculty, and employees.
30 (2) (a) The board may:
31 (i) enact and authorize higher education institutions to enact traffic, parking, and
32 related regulations governing all individuals on campuses and other facilities owned or
33 controlled by the institutions or the board; and
34 (ii) acknowledging that the Legislature has the authority to regulate, by law, firearms at
35 higher education institutions:
36 [(ii)] (A) authorize higher education institutions to establish no more than one secure
37 area at each institution as a hearing room as prescribed in Section 76-8-311.1 , but not
38 otherwise restrict the lawful possession or carrying of firearms[.]; and
39 (B) authorize a higher education institution to make a rule that allows a resident of a
40 dormitory located at the institution to request only roommates who are not licensed to carry a
41 concealed firearm under Section 53-5-704 or 53-5-705 .
42 (b) In addition to the requirements and penalty prescribed in Subsections
43 76-8-311.1 (3), (4), (5), and (6), the board shall make rules to ensure that:
44 (i) reasonable means such as mechanical, electronic, x-ray, or similar devices are used
45 to detect firearms, ammunition, or dangerous weapons contained in the personal property of or
46 on the person of any individual attempting to enter a secure area hearing room;
47 (ii) an individual required or requested to attend a hearing in a secure area hearing
48 room is notified in writing of the requirements related to entering a secured area hearing room
49 under this Subsection (2)(b) and Section 76-8-311.1 ;
50 (iii) the restriction of firearms, ammunition, or dangerous weapons in the secure area
51 hearing room is in effect only during the time the secure area hearing room is in use for
52 hearings and for a reasonable time before and after its use; and
53 (iv) reasonable space limitations are applied to the secure area hearing room as
54 warranted by the number of individuals involved in a typical hearing.
55 (3) The board and institutions may enforce these rules and regulations in any
56 reasonable manner, including the assessment of fees, fines, and forfeitures, the collection of

57 which may be by withholding from moneys owed the violator, the imposition of probation,
58 suspension, or expulsion from the institution, the revocation of privileges, the refusal to issue
59 certificates, degrees, and diplomas, through judicial process or any reasonable combination of
60 these alternatives.