Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 119 Second Substitute (2024GS)

Sponsor

Rep. Jimenez, T.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates the Educator-Protector Program to incentivize school teachers to responsibly secure or carry a firearm on school grounds by providing reimbursements and liability protection; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL EMPLOYEE FIREARM POSSESSION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tim Jimenez
Senate Sponsor: 
 David P. Hinkins
LONG TITLE
General Description:
This bill creates a program regarding the possession of a firearm by a school employee.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Educator-Protector Program to incentivize school teachers to responsibly
secure or carry a firearm on school grounds by providing reimbursements and
liability protection; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-8-801
, as enacted by Laws of Utah 2019, Chapter 441
76-10-505.5
, as last amended by Laws of Utah 2021, Chapter 141
ENACTS:
53G-8-804
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-8-801
 is amended to read:
Part 8. State Safety and Support
53G-8-801.
Definitions.
As used in this [
section
] 
part
:
(1) "Bullying" means the same as that term is defined in Section 
53G-9-601
.
(2) 
"Law enforcement agency" means the same as that term is defined in Section
53-1-102
.
(3)
 "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
[
(3) "Program" means the State Safety and Support Program established in Section
53G-8-802
.
]
Section 2. Section 
53G-8-804
 is enacted to read:
 53G-8-804.
Educator-Protector Program.
(1) As used in this section:
(a) "Annual classroom response training" means a training that is held at least once a
year and is administered by a county sheriff, the Department of Public Safety, or a local law
enforcement agency at a teacher's school of employment where the teacher:
(i) is trained on the specifics of the building or buildings of the school, including where
emergency supplies and security infrastructure are located;
(ii) is trained through a hands-on training regarding the safe loading, unloading,
storage, and carrying of firearms in a school setting; and
(iii) participates in a live action practice plan in responding to active threats at the
school with emphasis on the classroom that the teacher is assigned.
(b) "Annual firearms training" means a training that is held at least once a year and
that:
(i) is at least four hours in length;
(ii) includes practicing and demonstrating firearms proficiency at a firearms range
using the firearm the teacher carries for self defense and defense of others; and
(iii) is offered by:
(A) a county sheriff;
(B) the Department of Public Safety;
(C) a local law enforcement agency;
(D) a national, state, or local firearms training organization that is approved by the
bureau to provide firearms training; or
(E) an individual who has been certified by the bureau to provide firearms training,
including a law enforcement officer, a military firearms instructor, a civilian firearms
instructor, or a hunter safety instructor.
(c) "Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
.
(d) "Program" means the Educator-Protector Program created under this section.
(e) "Teacher" means an individual employed by a local education agency who has an
assignment to teach in a classroom.
(2) There is created the Educator-Protector Program to incentivize a teacher employed
by a local education agency to responsibly secure or carry a firearm on the grounds of the
school where the teacher is employed.
(3) (a) To participate in the program, a teacher shall:
(i) have completed within six months before the day on which the teacher joins the
program:
(A) an annual classroom response training; and
(B) an annual firearms training;
(ii) have a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
Concealed Firearm Act; and
(iii) certify to the state board that the teacher satisfies the requirements described in
Subsections (3)(a)(i) and (3)(a)(ii) and intends to securely store or carry a firearm on the
grounds of a school where the teacher is employed.
(b) After joining the program, a teacher shall participate in annual classroom response
training and annual firearms training to retain the teacher's active status in the program.
(4) A teacher participating in the program:
(a) may store the teacher's firearm on the grounds of a school only if:
(i) the firearm is stored in a biometric gun safe;
(ii) the biometric gun safe is located in the teacher's classroom or office; and
(iii) the teacher is physically present on the grounds of the school while the firearm is
stored in the safe; and
(b) shall carry the teacher's firearm in a concealed manner unless during an active
threat.
(5) (a) The state board shall, on a one-time basis, allocate $500 to a local education
agency for each teacher participating in the program within the local education agency.
(b) A local education agency that receives the funding described in Subsection (5)(a)
shall use the funding to reimburse a teacher participating in the program for a biometric gun
safe installed in the teacher's classroom.
(6) This section does not prohibit an individual who has a valid concealed carry permit
but is not participating in the program from carrying firearms on the grounds of a school as
described in Subsection 
76-10-505.5
(4).
(7) (a) A teacher in the program when carrying or using a firearm is not liable for any
civil damages or penalties if the teacher:
(i) has active status in the program;
(ii) is acting in good faith; and
(iii) is not grossly negligent.
(b) A local education agency is not liable for civil damages or penalties resulting from
a teacher carrying or using a firearm at a school if the teacher is:
(i) employed by the local education agency; and
(ii) participating in the program.
(8) Each school within a local education agency shall post a sign that states that the
school is not a gun free zone and an individual intending to commit violence on the school's
grounds may be confronted by armed resistance.
(9) A local education agency may not prevent a teacher from participating in the
program under this section.
Section 3. Section 
76-10-505.5
 is amended to read:
76-10-505.5.
Possession of a dangerous weapon, firearm, or short barreled
shotgun on or about school premises -- Penalties.
(1) As used in this section, "on or about school premises" means:
(a) (i) in a public or private elementary or secondary school; or
(ii) on the grounds of any of those schools;
(b) (i) in a public or private institution of higher education; or
(ii) on the grounds of a public or private institution of higher education; and
(iii) (A) inside the building where a preschool or child care is being held, if the entire
building is being used for the operation of the preschool or child care; or
(B) if only a portion of a building is being used to operate a preschool or child care, in
that room or rooms where the preschool or child care operation is being held.
(2) A person may not possess any dangerous weapon, firearm, or short barreled
shotgun, as those terms are defined in Section 
76-10-501
, at a place that the person knows, or
has reasonable cause to believe, is on or about school premises as defined in this section.
(3) (a) Possession of a dangerous weapon on or about school premises is a class B
misdemeanor.
(b) Possession of a firearm or short barreled shotgun on or about school premises is a
class A misdemeanor.
(4) This section does not apply if:
(a) the person is authorized to possess a firearm as provided under Section 
53-5-704
,
53-5-705
, 
76-10-511
, or 
76-10-523
, or as otherwise authorized by law;
(b) the person is authorized to possess a firearm as provided under Section 
53-5-704.5
,
unless the person is in a location where the person is prohibited from carrying a firearm under
Subsection 
53-5-710
(2);
(c) the possession is approved by the responsible school administrator;
(d) the item is present or to be used in connection with a lawful, approved activity and
is in the possession or under the control of the person responsible for its possession or use; or
(e) the possession is:
(i) at the person's place of residence or on the person's property; or
(ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
the school or used by the school to transport students.
(5) This section does not
:
(a)
 prohibit prosecution of a more serious weapons offense that may occur on or about
school premises
; or
(b) prevent a person from securely storing a firearm on the grounds of a school if the
person participates in the Educator-Protector Program created in Section 
53G-8-804
 and
complies with Subsection 
53G-8-804
(4)
.
Section 4. 
Effective date.
This bill takes effect on May 1, 2024.