Representative A. Cory Maloy proposes the following substitute bill:


1     
FIREARM PREEMPTION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill clarifies that the Legislature has preempted the field of firearm regulation for
10     the state.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates the Firearms Preemption Enforcement Act;
14          ▸     clarifies preemption of the field of firearms regulation;
15          ▸     defines terms;
16          ▸     outlines violations of legislative preemption;
17          ▸     provides for civil action for a violation of legislative preemption;
18          ▸     outlines remedies for violating legislative preemption;
19          ▸     addresses governmental immunity; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          47-3-303, as enacted by Laws of Utah 2013, Chapter 155
28          53-5a-102, as last amended by Laws of Utah 2013, Chapter 278
29          63G-7-301, as last amended by Laws of Utah 2019, Chapters 229 and 248
30          76-10-500, as enacted by Laws of Utah 1999, Chapter 5
31          76-10-501, as last amended by Laws of Utah 2015, Chapters 212 and 406
32     ENACTS:
33          78B-6-2201, Utah Code Annotated 1953
34          78B-6-2202, Utah Code Annotated 1953
35          78B-6-2203, Utah Code Annotated 1953
36          78B-6-2204, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 47-3-303 is amended to read:
40          47-3-303. Rulemaking.
41          (1) The State Armory Board, any state agency, or institution of higher education that
42     operates or has control of a shooting range shall make rules in accordance with Title 63G,
43     Chapter 3, Utah Administrative Rulemaking Act, to implement procedures for use of the range
44     by the public.
45          (2) The rules shall include provisions requiring indoor shooting ranges to be available
46     on a reservation basis, for firearms not exceeding the range design criteria:
47          (a) at least twice per week;
48          (b) after 4 p.m. on work or school days, or after students and faculty are excused or
49     dismissed on the work or school day; and
50          (c) between 8 a.m. and 10 p.m. on weekends.
51          (3) A political subdivision may enact an ordinance, rule, or resolution regarding the
52     use of public shooting ranges, facilities, and targets, to include limits on the use of firearms and
53     ammunition within the range design criteria.
54          Section 2. Section 53-5a-102 is amended to read:
55          53-5a-102. Uniform firearm laws.
56          (1) In addition to the definitions in Section 76-10-501, "local authority" and "state

57     agency" mean the same as those terms are defined in Section 78B-6-2202.
58          (2) The individual right to keep and bear arms being a constitutionally protected right
59     under Article I, Section 6 of the Utah Constitution and the Second Amendment to the United
60     States Constitution, the Legislature finds the need to provide uniform civil and criminal firearm
61     laws throughout the state, and declares that the Legislature occupies the whole field of state
62     regulation of firearms and ammunition.
63          [(2)] (3) Except as specifically provided by state law, a local authority or state entity
64     may not:
65          (a) prohibit an individual from owning, possessing, purchasing, selling, transferring,
66     transporting, or keeping a firearm at the individual's place of residence, property, business, or
67     in any vehicle lawfully in the individual's possession or lawfully under the individual's control;
68     or
69          (b) require an individual to have a permit or license to purchase, own, possess,
70     transport, or keep a firearm, ammunition, or firearm accessory.
71          [(3)] (4) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is
72     uniformly applicable throughout this state and in all [its] the state's political subdivisions [and
73     municipalities].
74          [(4)] (5) [All authority] Authority to regulate firearms is reserved to the state except
75     where the Legislature specifically delegates responsibility to a local [authorities] authority or
76     state [entities] agency.
77          [(5)] (6) Unless specifically authorized by the Legislature by statute, a local authority
78     or state [entity] agency, including organizations or vendors that contract with a local authority
79     or state agency, may not enact, establish, or enforce any ordinance, regulation, rule, or policy
80     pertaining to firearms that in any way inhibits or restricts the possession, transfer, or use of
81     firearms on either public or private property.
82          [(6) As used in this section:]
83          [(a) "firearm" has the same meaning as defined in Section 76-10-501; and]
84          [(b) "local authority or state entity" includes public school districts, public schools, and
85     state institutions of higher education.]
86          (7) Nothing in this section restricts or expands private property rights.
87          Section 3. Section 63G-7-301 is amended to read:

88          63G-7-301. Waivers of immunity.
89          (1) (a) Immunity from suit of each governmental entity is waived as to any contractual
90     obligation.
91          (b) Actions arising out of contractual rights or obligations are not subject to the
92     requirements of Sections 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
93          (c) The Division of Water Resources is not liable for failure to deliver water from a
94     reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
95     Act, if the failure to deliver the contractual amount of water is due to drought, other natural
96     condition, or safety condition that causes a deficiency in the amount of available water.
97          (2) Immunity from suit of each governmental entity is waived:
98          (a) as to any action brought to recover, obtain possession of, or quiet title to real or
99     personal property;
100          (b) as to any action brought to foreclose mortgages or other liens on real or personal
101     property, to determine any adverse claim on real or personal property, or to obtain an
102     adjudication about any mortgage or other lien that the governmental entity may have or claim
103     on real or personal property;
104          (c) as to any action based on the negligent destruction, damage, or loss of goods,
105     merchandise, or other property while it is in the possession of any governmental entity or
106     employee, if the property was seized for the purpose of forfeiture under any provision of state
107     law;
108          (d) subject to Subsection 63G-7-302(1), as to any action brought under the authority of
109     Utah Constitution, Article I, Section 22, for the recovery of compensation from the
110     governmental entity when the governmental entity has taken or damaged private property for
111     public uses without just compensation;
112          (e) subject to Subsection 63G-7-302(2), as to any action brought to recover attorney
113     fees under Sections 63G-2-405 and 63G-2-802;
114          (f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
115     Act;
116          (g) as to any action brought to obtain relief from a land use regulation that imposes a
117     substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
118     Land Use Act;

119          (h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
120          (i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
121     crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
122          (ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
123     or other public improvement;
124          (i) subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury
125     proximately caused by a negligent act or omission of an employee committed within the scope
126     of employment;
127          (j) as to any action or suit brought under Section 20A-19-301 and as to any
128     compensation or expenses awarded under Section 20A-19-301(5); and
129          (k) notwithstanding Subsection 63G-7-101(4), as to a claim for an injury resulting from
130     a sexual battery, as provided in Section 76-9-702.1, committed:
131          (i) against a student of a public elementary or secondary school, including a charter
132     school; and
133          (ii) by an employee of a public elementary or secondary school or charter school who:
134          (A) at the time of the sexual battery, held a position of special trust, as defined in
135     Section 76-5-404.1, with respect to the student;
136          (B) is criminally charged in connection with the sexual battery; and
137          (C) the public elementary or secondary school or charter school knew or in the exercise
138     of reasonable care should have known, at the time of the employee's hiring, to be a sex
139     offender, as defined in Section 77-41-102, required to register under Title 77, Chapter 41, Sex
140     and Kidnap Offender Registry, whose status as a sex offender would have been revealed in a
141     background check under Section 53G-11-402.
142          (3) (a) As used in this Subsection (3):
143          (i) "Appropriate behavior policy" means a policy that:
144          (A) is not less stringent than a model policy, created by the State Board of Education,
145     establishing a professional standard of care for preventing the conduct described in Subsection
146     (3)(a)(i)(D);
147          (B) is adopted by the applicable local education governing body;
148          (C) regulates behavior of a school employee toward a student; and
149          (D) includes a prohibition against any sexual conduct between an employee and a

150     student and against the employee and student sharing any sexually explicit or lewd
151     communication, image, or photograph.
152          (ii) "Local education agency" means:
153          (A) a school district;
154          (B) a charter school; or
155          (C) the Utah Schools for the Deaf and the Blind.
156          (iii) "Local education governing board" means:
157          (A) for a school district, the local school board;
158          (B) for a charter school, the charter school governing board; or
159          (C) for the Utah Schools for the Deaf and the Blind, the state board.
160          (iv) "Public school" means a public elementary or secondary school.
161          (v) "Sexual abuse" means the offense described in Subsection 76-5-404.1(2).
162          (vi) "Sexual battery" means the offense described in Section 76-9-702.1, considering
163     the term "child" in that section to include an individual under age 18.
164          (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
165     claim against a local education agency for an injury resulting from a sexual battery or sexual
166     abuse committed against a student of a public school by a paid employee of the public school
167     who is criminally charged in connection with the sexual battery or sexual abuse, unless:
168          (i) at the time of the sexual battery or sexual abuse, the public school was subject to an
169     appropriate behavior policy; and
170          (ii) before the sexual battery or sexual abuse occurred, the public school had:
171          (A) provided training on the policy to the employee; and
172          (B) required the employee to sign a statement acknowledging that the employee has
173     read and understands the policy.
174          (4) (a) As used in this Subsection (4):
175          (i) "Higher education institution" means an institution included within the state system
176     of higher education under Section 53B-1-102.
177          (ii) "Policy governing behavior" means a policy adopted by a higher education
178     institution or the State Board of Regents that:
179          (A) establishes a professional standard of care for preventing the conduct described in
180     Subsections (4)(a)(ii)(C) and (D);

181          (B) regulates behavior of a special trust employee toward a subordinate student;
182          (C) includes a prohibition against any sexual conduct between a special trust employee
183     and a subordinate student; and
184          (D) includes a prohibition against a special trust employee and subordinate student
185     sharing any sexually explicit or lewd communication, image, or photograph.
186          (iii) "Sexual battery" means the offense described in Section 76-9-702.1.
187          (iv) "Special trust employee" means an employee of a higher education institution who
188     is in a position of special trust, as defined in Section 76-5-404.1, with a higher education
189     student.
190          (v) "Subordinate student" means a student:
191          (A) of a higher education institution; and
192          (B) whose educational opportunities could be adversely impacted by a special trust
193     employee.
194          (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
195     claim for an injury resulting from a sexual battery committed against a subordinate student by a
196     special trust employee, unless:
197          (i) the institution proves that the special trust employee's behavior that otherwise would
198     constitute a sexual battery was:
199          (A) with a subordinate student who was at least 18 years old at the time of the
200     behavior; and
201          (B) with the student's consent; or
202          (ii) (A) at the time of the sexual battery, the higher education institution was subject to
203     a policy governing behavior; and
204          (B) before the sexual battery occurred, the higher education institution had taken steps
205     to implement and enforce the policy governing behavior.
206          (5) Immunity from suit of each governmental entity and its employees or agents is
207     waived with respect to the provisions of Title 78B, Chapter 6, Part 22, Firearms Preemption
208     Enforcement Act.
209          Section 4. Section 76-10-500 is amended to read:
210          76-10-500. Uniform law.
211          (1) The individual right to keep and bear arms being a constitutionally protected right

212     under Article I, Section 6 of the Utah Constitution and the Second Amendment to the United
213     States Constitution, the Legislature finds the need to provide uniform civil and criminal laws
214     throughout the state, and declares that the Legislature occupies the whole field of state
215     regulation of firearms and ammunition.
216          (2) Except as specifically provided by state law, [a citizen of the United States or a
217     lawfully admitted alien shall not be] a local authority or state agency may not:
218          (a) [prohibited] prohibit an individual from owning, possessing, purchasing, selling,
219     transferring, transporting, or keeping any firearm [at his], ammunition, or firearm accessory at
220     the individual's place of residence, property, business, or in any vehicle lawfully in [his] the
221     individual's possession or lawfully under [his] the individual's control; or
222          (b) [required] require an individual to have a permit or license to purchase, own,
223     possess, transport, or keep a firearm, ammunition, or firearm accessory.
224          [(2)] (3) This part is uniformly applicable throughout this state and in all [its] the state's
225     political subdivisions [and municipalities].
226          (4) [All authority] Authority to regulate firearms [shall be] is reserved to the state
227     except where the Legislature specifically delegates responsibility to a local [authorities]
228     authority or state [entities] agency.
229          (5) Unless specifically authorized by the Legislature by statute, a local authority or
230     state [entity] agency may not enact or enforce any ordinance, regulation, [or] rule, or policy
231     pertaining to firearms that in any way inhibits or restricts the possession or use of firearms,
232     ammunition, or a firearm accessory on either public or private property.
233          (6) Nothing in this part restricts or expands private property rights.
234          Section 5. Section 76-10-501 is amended to read:
235          76-10-501. Definitions.
236          As used in this part:
237          (1) (a) "Antique firearm" means:
238          (i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
239     similar type of ignition system, manufactured in or before 1898; or
240          (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
241     replica:
242          (A) is not designed or redesigned for using rimfire or conventional centerfire fixed

243     ammunition; or
244          (B) uses rimfire or centerfire fixed ammunition which is:
245          (I) no longer manufactured in the United States; and
246          (II) is not readily available in ordinary channels of commercial trade; or
247          (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
248          (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
249     ammunition.
250          (b) "Antique firearm" does not include:
251          (i) a weapon that incorporates a firearm frame or receiver;
252          (ii) a firearm that is converted into a muzzle loading weapon; or
253          (iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by
254     replacing the:
255          (A) barrel;
256          (B) bolt;
257          (C) breechblock; or
258          (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
259          (2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
260     within the Department of Public Safety.
261          (3) (a) "Concealed firearm" means a firearm that is:
262          (i) covered, hidden, or secreted in a manner that the public would not be aware of its
263     presence; and
264          (ii) readily accessible for immediate use.
265          (b) A firearm that is unloaded and securely encased is not a concealed firearm for the
266     purposes of this part.
267          (4) "Criminal history background check" means a criminal background check
268     conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal
269     Firearms Licensee, through the bureau or the local law enforcement agency where the firearms
270     dealer conducts business.
271          (5) "Curio or relic firearm" means a firearm that:
272          (a) is of special interest to a collector because of a quality that is not associated with
273     firearms intended for:

274          (i) sporting use;
275          (ii) use as an offensive weapon; or
276          (iii) use as a defensive weapon;
277          (b) (i) was manufactured at least 50 years before the current date; and
278          (ii) is not a replica of a firearm described in Subsection (5)(b)(i);
279          (c) is certified by the curator of a municipal, state, or federal museum that exhibits
280     firearms to be a curio or relic of museum interest;
281          (d) derives a substantial part of its monetary value:
282          (i) from the fact that the firearm is:
283          (A) novel;
284          (B) rare; or
285          (C) bizarre; or
286          (ii) because of the firearm's association with an historical:
287          (A) figure;
288          (B) period; or
289          (C) event; and
290          (e) has been designated as a curio or relic firearm by the director of the United States
291     Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
292          (6) (a) "Dangerous weapon" means:
293          (i) a firearm; or
294          (ii) an object that in the manner of its use or intended use is capable of causing death or
295     serious bodily injury.
296          (b) The following factors are used in determining whether any object, other than a
297     firearm, is a dangerous weapon:
298          (i) the location and circumstances in which the object was used or possessed;
299          (ii) the primary purpose for which the object was made;
300          (iii) the character of the wound, if any, produced by the object's unlawful use;
301          (iv) the manner in which the object was unlawfully used;
302          (v) whether the manner in which the object is used or possessed constitutes a potential
303     imminent threat to public safety; and
304          (vi) the lawful purposes for which the object may be used.

305          (c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device
306     as defined by Section 76-10-306.
307          (7) "Dealer" means a person who is:
308          (a) licensed under 18 U.S.C. Sec. 923; and
309          (b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
310     whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
311          (8) "Enter" means intrusion of the entire body.
312          (9) "Federal Firearms Licensee" means a person who:
313          (a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
314          (b) is engaged in the activities authorized by the specific category of license held.
315          (10) (a) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or
316     short barreled rifle, or a device that could be used as a dangerous weapon from which is
317     expelled a projectile by action of an explosive.
318          (b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an
319     antique firearm.
320          (11) "Firearms transaction record form" means a form created by the bureau to be
321     completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
322          (12) "Fully automatic weapon" means a firearm which fires, is designed to fire, or can
323     be readily restored to fire, automatically more than one shot without manual reloading by a
324     single function of the trigger.
325          (13) (a) "Handgun" means a pistol, revolver, or other firearm of any description, loaded
326     or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which,
327     not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
328          (b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol
329     or revolver" do not include an antique firearm.
330          (14) "House of worship" means a church, temple, synagogue, mosque, or other
331     building set apart primarily for the purpose of worship in which religious services are held and
332     the main body of which is kept for that use and not put to any other use inconsistent with its
333     primary purpose.
334          (15) "Local authority" means the same as that term is defined in Section 78B-6-2202.
335          [(15)] (16) "Prohibited area" means a place where it is unlawful to discharge a firearm.

336          [(16)] (17) "Readily accessible for immediate use" means that a firearm or other
337     dangerous weapon is carried on the person or within such close proximity and in such a manner
338     that it can be retrieved and used as readily as if carried on the person.
339          [(17)] (18) "Residence" means an improvement to real property used or occupied as a
340     primary or secondary residence.
341          [(18)] (19) "Securely encased" means not readily accessible for immediate use, such as
342     held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
343     storage area of a motor vehicle, not including a glove box or console box.
344          [(19)] (20) "Short barreled shotgun" or "short barreled rifle" means a shotgun having a
345     barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or
346     barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun
347     by alteration, modification, or otherwise, if the weapon as modified has an overall length of
348     fewer than 26 inches.
349          [(20)] (21) "Shotgun" means a smooth bore firearm designed to fire cartridges
350     containing pellets or a single slug.
351          [(21)] (22) "Shoulder arm" means a firearm that is designed to be fired while braced
352     against the shoulder.
353          [(22)] (23) "Slug" means a single projectile discharged from a shotgun shell.
354          [(23)] (24) "State agency" or "entity" means a department, commission, board, council,
355     agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory,
356     library, unit, bureau, panel, or other administrative unit of the state, including the Board of
357     Regents, each institution of higher education, and the boards of trustees of each higher
358     education institution.
359          [(24)] (25) "Violent felony" means the same as that term is defined in Section
360     76-3-203.5.
361          Section 6. Section 78B-6-2201 is enacted to read:
362     
Part 22. Firearm Preemption Enforcement Act

363          78B-6-2201. Firearm Preemption Enforcement Act.
364          This part is known as the "Firearm Preemption Enforcement Act."
365          Section 7. Section 78B-6-2202 is enacted to read:
366          78B-6-2202. Definitions.

367          As used in this part:
368          (1) "Ammunition" means a bullet, a cartridge case, primer, propellant powder, or other
369     ammunition designed for use in any firearm, either as an individual component part or in a
370     completely assembled cartridge.
371          (2) "Firearm" means the same as that term is defined in Section 76-10-501.
372          (3) "Firearm accessory" means an item that is legal to use in conjunction with or
373     mounted upon a firearm, firearm action, or firearm receiver, but is not essential to the basic
374     function of a firearm.
375          (4) "Legislative preemption" means the preemption provided for in Sections 53-5a-102
376     and 76-10-500.
377          (5) "Local authority" means a county, city, town, metro township, local district, local
378     education agency, public school, special service district under Title 17D, Chapter 1, Special
379     Service District Act, an entity created by interlocal cooperation agreement under Title 11,
380     Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute
381     as a political subdivision of the state.
382          (6) "Local education agency" means a school district or charter school.
383          (7) "State agency" means the same as that term is defined in Section 76-10-501.
384          Section 8. Section 78B-6-2203 is enacted to read:
385          78B-6-2203. Violation of legislative preemption -- Exceptions.
386          (1) A local authority or state agency that enacts or enforces an ordinance, regulation,
387     measure, directive, rule, enactment, order, or policy that violates legislative preemption is
388     liable as provided in this part.
389          (2) An ordinance, regulation, measure, directive, rule, enactment, order, or policy that
390     violates legislative preemption is void.
391          (3) This part does not prohibit:
392          (a) a law enforcement agency from enacting and enforcing regulations pertaining to
393     firearms, ammunition, or firearm accessories issued to or used by a peace officer in the course
394     of the peace officer's official duties;
395          (b) a court or administrative law judge from hearing and resolving any case or
396     controversy or issuing any opinion or order on a matter consistent with state law within the
397     jurisdiction of that court or administrative law judge;

398          (c) a rule of a correctional facility or mental or behavioral health facility under Section
399     76-8-311.3; or
400          (d) a local authority or state agency from enacting or enforcing an ordinance,
401     regulation, measure, directive, rule, enactment, order, or policy, developed in response to and
402     in accordance with legislative authority.
403          Section 9. Section 78B-6-2204 is enacted to read:
404          78B-6-2204. Civil action -- Injunction.
405          (1) An individual who is harmed by a local authority or state agency that makes or
406     causes to be enforced an ordinance, regulation, measure, directive, rule, enactment, order, or
407     policy in violation of legislative preemption may:
408          (a) request that the local authority rescind or repeal the ordinance, regulation, measure,
409     directive, rule, enactment, order, or policy; or
410          (b) if the local authority declines to rescind or repeal the ordinance, regulation,
411     measure, directive, rule, enactment, order, or policy, file suit against the local authority or state
412     agency in any court of this state having jurisdiction over the local authority or state agency.
413          (2) If the court determines that a local authority or state agency violated legislative
414     preemption, the court shall:
415          (a) order that the relevant ordinance, regulation, measure, directive, rule, enactment,
416     order, or policy is void;
417          (b) issue a permanent injunction against the local authority or state agency prohibiting
418     the local authority or state agency from enforcing the void ordinance, regulation, measure,
419     directive, rule, enactment, order, or policy; and
420          (c) award to the prevailing party:
421          (i) actual damages, which includes the cost of time in bringing the civil action, or
422     defending against the action;
423          (ii) reasonable attorney fees and costs in accordance with the laws of this state; and
424          (iii) interest on the sums awarded pursuant to this Subsection (2) accrued at the legal
425     rate from the date on which the suit is filed.
426          (3) In accordance with Subsection 63G-7-301(5), a state agency or local authority that
427     violates this part is not immune from suit or liability for the violation and an individual acting
428     in an official capacity for a state agency or local authority who knowingly or willfully violates

429     this part is not immune from suit or liability for the violation.