+ 2012 UTAH LEGISLATURE

Since 2003, Stonewall Shooting Sports of Utah has lobbied members of the Utah Legislature about matters which are important to our supporters. We have supported and opposed hundreds of bills and resolutions which would have disproportionately affected our supporters and, as a result, have helped shape better public policy.

Our lobbying is based on the proposed effect of legislation on:

--The weapon rights and liberties of all citizens
--The equal rights and liberties of gay and transgender citizens

At the 2012 general session of the 59th Utah Legislature, we encourage the following actions:

SUPPORTED (SIGNED) -- H.B. 21 DRIVER LICENSE EMERGENCY CONTACT DATABASE (REP. POULSON, M.)
This bill would help Utah citizens by modifying the Uniform Driver License Act by creating an emergency contact database for driver license and identification card holders. The bill would require the Driver License Division to create an emergency contact database for license certificate and identification card holders; provide that a law enforcement officer may share information contained in the emergency contact database with other public safety workers on the scene of a motor vehicle accident or other emergency situation; provide that a person holding a license certificate or identification card may provide the Driver License Division the names, addresses, and telephone numbers of no more than two emergency contact persons; require the Driver License Division to make rules establishing the procedures to implement the emergency contact database; provide that if a person is involved in a motor vehicle accident or other emergency situation and is unable to communicate with the contact person or persons specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person or persons of the situation; provide that information in the database shall only be used for contact purposes and may not be used for criminal investigation purposes; and specify that the Driver License Division, a law enforcement officer, or a law enforcement agency that employs a law enforcement officer does not incur liability in connection with the use of the emergency contact database in certain circumstances.

SUPPORTED (FAILED) -- H.B. 49 SUB. 1 FIREARMS REVISIONS (REP. RAY, P.)
This bill would help Utah citizens by dealing with provisions related to the possession of a firearm or dangerous weapon. The bill would provide that in the absence of additional threatening behavior, the otherwise lawful possession of a firearm or dangerous weapon, whether visible or concealed, may not be considered a violation of certain municipal ordinances; provide that governmental entities may not enact, maintain, or enforce firearm or dangerous weapon laws, ordinances, rules, or regulations without explicit authority granted by the Legislature; provide that where authority has been granted to a governmental entity by the Legislature to regulate firearms or other dangerous weapons, any law, ordinance, rule, regulation, code of conduct, or contractual obligation based on that grant shall reference the grant and detail the conduct that is limited or prohibited pursuant to the grant; and void any firearm or dangerous weapon law, ordinance, rule, regulation, code of conduct, or contractual obligation that does not reference the applicable legislative grant of authority and detail the conduct that is limited or prohibited pursuant to the grant.

SUPPORTED (SIGNED) -- H.B. 52 SUB. 1 NOTORIOUS CRIMINAL ACTIVITY AMENDMENTS (REP. WEBB, R. C.)
This bill would help Utah citizens by amending the Profits From Crime Memorabilia Act to include any profits received from criminal activity. The bill would change the Profits From Crime Memorabilia Act to allow the state to receive any profit derived from criminal activity; require any entity or person who contracts with a defendant to remit to the Crime Victims Reparations Fund any funds owed to the defendant by virtue of a contract with the defendant; and provide that the Utah Office for Victims of Crime shall pay: any victim restitution still owed out of the profit; and if no restitution is still owed, or after all restitution is paid, the remainder into the Crime Victim Reparations Fund.

SUPPORTED (FAILED) -- H.B. 64 SUB. 1 AMENDMENTS TO PUBLIC EMPLOYEE HEALTH CARE (REP. DOUGHTY, B.)
This bill would help Utah citizens by amending the Public Employees' Benefit and Insurance Program Act. The bill would create a definition for a dependent eligible for coverage under the Public Employees' Benefit and Insurance Program Act; and define "directly dependent upon" or "interdependent with" for purposes of an unmarried employee's adult designee.

SUPPORTED (SIGNED) -- H.B. 86 POSTING OF TRESPASS (REP. MATHIS, J.)
This bill would help Utah citizens by making it a class B misdemeanor for a person to take wildlife or engage in wildlife activities on private land if the person has notice to not enter or remain on the land. The bill would make it a class B misdemeanor for a person to take wildlife or engage in wildlife activities on private land if the person has notice to not enter or remain on the land; and make technical changes.

OPPOSED (SIGNED) -- H.B. 99 BACKGROUND CHECK FEE EXEMPTION FOR FIREARM PURCHASE (REP. GALVEZ, B.)
This bill would harm Utah citizens by providing an exemption to the background check fee requirement for law enforcement officers. The bill would allow a law enforcement officer currently employed and in good standing to purchase a firearm without paying the requisite background check fee as long as the dealer verifies the officer's employment and standing with the employing agency. The bill would establish different and unfair standards for payment of the background check fee that is required for the purchase of a firearm based only on the occupation of the purchaser. Utah Code Subsection 53-5-704(5) and Utah Administrative Code Subsection R722-300-4(3) provide that a law enforcement officer or a former officer may apply for and receive a Utah Concealed Firearm Permit without charge. An officer may use the permit to waive the Utah Bureau of Criminal Identification background check and the corresponding fees. The bill is therefore redundant.

SUPPORTED (SIGNED) -- H.B. 117 FIREARM MODIFICATIONS (REP. IVORY, K.)
This bill would help Utah citizens by modifying the definitions of firearm. The bill would change the term "sawed-off" to "short barrel" when the term is applied to shotguns and rifles.

SUPPORTED (SIGNED) -- H.B. 129 DEFENSE OF PROPERTY AND PERSON (REP. PAINTER, P.)
This bill would help Utah citizens by clarifying the statute regarding civil liability for defending against criminal activity. The bill would clarify that a person is justified in defending their home and family against criminal activity and may not be liable for civil damages for injury or damage occurring while doing so.

SUPPORTED (FAILED) -- H.B. 181 POLITICAL SUBDIVISION GOVERNMENT AMENDMENTS (REP. DOUGHTY, B.)
This bill would help Utah citizens by amending provisions related to a municipal or county ordinance. The bill would prohibit, in certain circumstances, the Legislature from adopting legislation that would amend or repeal a municipal or county ordinance; and require a municipality or county to notify the clerk of the House of Representatives or secretary of the Senate, respectively, if legislation is introduced that would amend or repeal a municipal or county ordinance.

SUPPORTED (FAILED) -- H.B. 192 PRIVATE PROPERTY RIGHTS (REP. WILSON, B.)
This bill would help Utah citizens by clarifying that a property owner has no duty of care to keep the premises safe for entry or use by trespassers. The bill would define "trespasser"; and clarify that a property owner has no duty of care to keep the premises safe for entry or use by a trespasser.

SUPPORTED (SIGNED) -- H.B. 208 LIMITS ON LANDOWNER LIABILITY FOR PUBLIC RECREATION (REP. BARRUS, R.)
This bill would help Utah citizens by modifying a provision relating to limitations on the liability of a landowner whose land is used for public recreation. The bill would modify the definition of recreational purposes to include aircraft operations.

SUPPORTED (SIGNED) -- H.B. 252 SUB. 1 PEACE OFFICER STANDARDS AND TRAINING AMENDMENTS (REP. GREENWOOD, R.)
This bill would help Utah citizens by modifying the Public Safety Code regarding Peace Officer Standards and Training certification. The bill would modify the membership of the Peace Officer Standards and Training Council by replacing one position to be filled by an officer from the Federal Bureau of Investigation with an additional at large position, appointed by the Governor; and require that an applicant for peace officer certification who requests a waiver of the peace officer training course must provide proof of either of the following during the past four years: the applicant completed the basic peace officer training program for which the applicant is seeking credit; or the applicant was actively engaged in performing the duties of a peace officer.

SUPPORTED (FAILED) -- H.B. 274 ADOPTION AMENDMENTS (REP. CHAVEZ-HOUCK, R.)
This bill would help Utah citizens by amending provisions of the Utah Adoption Act relating to who may adopt a child. The bill would amend a legislative finding relating to who may adopt a child; permit a person who is an unmarried cohabitant to adopt a child if: the child has only one legal parent; the child's parent joins in the adoption petition; the person has developed a parental relationship with the child; and establishing a legal parental relationship with the person is in the child's best interest; provide that a person's parental rights are not terminated if, at the time the child is adopted: the legal parent is cohabiting with the person who is adopting the child, in a relationship that is not a legally valid marriage under the laws of this state; and the person who is adopting the child is permitted to adopt the child under the provisions of this bill; and make technical changes.

SUPPORTED (FAILED) -- H.B. 315 DOMESTIC VIOLENCE AND DATING VIOLENCE AMENDMENTS (REP. RAY, P.)
This bill would help Utah citizens by providing for the issuance, modification, and enforcement of protective orders between individuals who are, or have been, in a dating relationship. The bill would define terms; provide for the issuance, modification, and enforcement of protective orders between parties who are, or have been, in a dating relationship when: the parties are emancipated or 19 years of age or older; the parties are, or have been, in a dating relationship with each other; and a party commits abuse or dating violence against the other party; require the Administrative Office of the Courts to develop and adopt uniform forms for petitions and orders for protection relating to dating violence; describe the restrictions that a court may include in a protective order; describe the conditions that may be placed on an alleged perpetrator of dating violence: in a protective order; in an order for probation for violation of a protective order relating to dating violence; or as a condition of release prior to trial for violation of a protective order relating to dating violence; and make technical changes.

OPPOSED (VETOED) -- H.B. 363 HEALTH EDUCATION AMENDMENTS (REP. WRIGHT, B.)
This bill would harm Utah citizens by modifying requirements for health instruction, including human sexuality instruction. The bill would permit a local school board or charter school governing board to provide human sexuality instruction or instructional programs in accordance with state law and State Board of Education rules; require human sexuality instruction or instructional programs to teach and stress: the importance of abstinence from all sexual activity before marriage and fidelity after marriage as the only sure methods for preventing certain communicable diseases; and personal skills that encourage individual choice of abstinence and fidelity; impose certain restrictions for human sexuality instructional programs; permit a local school board or charter school governing board to adopt abstinence only instructional materials recommended by: the State Board of Education; or the school district's or charter school's curriculum materials review committee; and make technical changes. The bill would prohibit a local school board or charter school governing board from providing human sexuality instruction or instructional programs which "include instruction in: […] (ii) the advocacy of homosexuality[.]" While the advocacy of any sexual orientation isn't the mission of a human sexuality instruction or instructional program, neither is the advocacy of any sexual orientation.

SUPPORTED (SIGNED) -- H.B. 395 SUB. 1 FIREARMS AMENDMENTS (REP. SANDSTROM, S.)
This bill would help Utah citizens by amending provisions of Title 53, Chapter 5, Part 7, Concealed Firearm Act, related to the denial, suspension, or revocation of a concealed firearm permit and Title 76, Chapter 10, Part 5, Weapons, regarding restrictions on the possession, purchase, transfer, and ownership of firearms by certain persons. The bill would provide that the Bureau of Criminal Identification may, rather than shall, deny, suspend, or revoke a concealed firearm permit on the basis of an indictment for a crime of violence in any state, but shall reverse that action upon notice of dismissal of the indictment or acquittal; provide an affirmative defense for Category I and II restricted persons charged with possession or transfer of firearms or other dangerous weapons; make it a crime to sell, transfer, or dispose of a firearm to a Category I or Category II restricted person; provide that a Category I restricted person includes illegal aliens; and make certain technical changes.

SUPPORTED (SIGNED) -- H.B. 432 SUB. 1 BUREAU OF CRIMINAL IDENTIFICATION AMENDMENTS (REP. SEELIG, J.)
This bill would help Utah citizens by modifying the Public Safety Code regarding concealed firearm permit fee management. The bill would authorize the state Bureau of Criminal Identification to modify the fee the bureau collects as an application fee so that the total of that fee and any fee collected as a pass through fee when issuing concealed weapons permits, such as the fee for Federal Bureau of Investigation fingerprint card checks, totals the nearest even dollar amount.

SUPPORTED (FAILED) -- H.B. 445 CLUBS IN PUBLIC SCHOOLS (REP. SANDSTROM, S.)
This bill would help Utah citizens by modifying the Student Clubs Act regarding access to school facilities use by noncurricular clubs. The bill would prohibit schools from charging a noncurricular club for school facilities use; address appeals; and make technical changes.

SUPPORTED (SIGNED) -- H.B. 501 SUB. 1 YOUTH SUICIDE PREVENTION (REP. HUTCHINGS, E.)
This bill would help Utah citizens by requiring the State Board of Education to provide suicide prevention training for licensed employees. The bill would require the State Board of Education to develop or adopt sample materials to be used by a school district or charter school regarding student suicide prevention; and require school districts and charter schools to provide professional development training on youth suicide prevention.

SUPPORTED (SIGNED)-- H.C.R. 9 CONCURRENT RESOLUTION RECOGNIZING 75TH ANNIVERSARY OF DUCKS UNLIMITED (REP. ODA, C.)
This concurrent resolution of the Legislature and the Governor would help Utah citizens by recognizing the 75th Anniversary of Ducks Unlimited. The resolution would recognize the 75th Anniversary of Ducks Unlimited and its great efforts in habitat conservation.

SUPPORTED (FAILED) -- S.B. 22 DEFINITION OF WOLF IN WILDLIFE RESOURCES CODE OF UTAH (SEN. CHRISTENSEN, A.)
This bill would help Utah citizens by amending certain sections of the wildlife resources code relating to wolves. The bill would define terms; permit a person to apply for or obtain a wolf hunting permit, if a permit is issued by the Division of Wildlife Resources; establish penalties for the wanton destruction of wolves; establish suggested minimum restitution values for wolves taken or possessed illegally or wantonly destroyed; and make technical changes.

SUPPORTED (FAILED) -- S.B. 51 STATEWIDE NONDISCRIMINATION PROTECTION AMENDMENTS (SEN. MCADAMS, B.)
This bill would help Utah citizens by modifying the Utah Antidiscrimination Act and Utah Fair Housing Act to address discrimination, including discrimination on the basis of sexual orientation, gender identity, or political speech or activity as it relates to employment. The bill would modify definition provisions related to employment and housing discrimination, including defining "gender identity" and "sexual orientation"; define "political speech or activity" for purposes of employment; include sexual orientation and gender identity as a consideration in appointments to the Antidiscrimination and Labor Advisory Council; include sexual orientation and gender identity as a prohibited basis for discrimination in employment; prohibit political speech or activity as a basis for discrimination in employment; modify exemptions to the Utah Fair Housing Act; include sexual orientation and gender identity as a prohibited basis for discriminatory housing practices; and make technical and conforming amendments.

SUPPORTED (SIGNED) -- S.B. 87 SUB. 1 PREDATOR CONTROL FUNDING (SEN. HINKINS, D.)
This bill would help Utah citizens by imposing a fee and creating an account to fund a program to control predatory animals. The bill would impose a fee of $5 on big game hunting permits to be deposited in the Predator Control Restricted Account; create a Predator Control Restricted Account within the General Fund; provide for the expenditure of money from the restricted account to fund a predator control program; and make technical changes.

OPPOSED (SIGNED) -- S.B. 99 EMPLOYMENT AMENDMENTS (SEN. MADSEN, M.)
This bill would harm Utah citizens by prohibiting a municipality or county from enacting or enforcing an ordinance that establishes, mandates, or requires a private employer to establish or offer an employee benefit. The bill would define terms; and prohibit a municipality or county from enacting or enforcing an ordinance that establishes, mandates, or requires a private employer to establish or offer an employee benefit. The bill would allow different and unfair standards among private employers who establish or offer an employee benefit including accident and health insurance, life insurance, sick leave or family medical leave to one or more employees and their dependents, but not to others.

SUPPORTED (FAILED) -- S.B. 126 ADOPTION BY A CO-PARENT (SEN. ROMERO, R.)
This bill would help Utah citizens by amending provisions of the Utah Adoption Act relating to who may adopt a child. The bill would amend a legislative finding relating to who may adopt a child; permit a person who is an unmarried cohabitant to adopt a child if: the child has only one legal parent; the child's parent joins in the adoption petition; the person has developed a parental relationship with the child; and establishing a legal parental relationship with the person is in the child's best interest; provide that a person's parental rights are not terminated if, at the time the child is adopted: the legal parent is cohabiting with the person who is adopting the child, in a relationship that is not a legally valid marriage under the laws of this state; and he person who is adopting the child is permitted to adopt the child under the provisions of this bill; and make technical changes.

SUPPORTED (SIGNED) -- S.B. 242 FLEEING A CONSERVATION OFFICER AMENDMENTS (SEN. THATCHER, D.)
This bill would help Utah citizens by repealing Section 23-20-24 relating to fleeing a conservation officer in order to avoid a conflict with provisions relating to fleeing a peace officer. The bill would repeal Section 23-20-24 relating to fleeing a conservation officer in order to avoid a conflict with provisions relating to fleeing a peace officer.

SUPPORTED (SIGNED) -- S.B. 245 SUB. 1 MULE DEER PROTECTION ACT (SEN. OKERLUND, R.)
This bill would help Utah citizens by enacting the Mule Deer Protection Act. The bill would enact Title 23, Chapter 30, Mule Deer Protection Act; create the Mule Deer Protection Account; grant rulemaking authority to the Wildlife Board to establish programs that reduce and control the coyote population generally and in areas where mule deer predation occurs; require the Division of Wildlife Resources to: administer programs that reduce and control the coyote population; and coordinate with government entities and state entities in administering programs that reduce and control the coyote population; permit the Division of Wildlife Resources to contract with a vendor to reduce and control the coyote population in areas where mule deer predation occurs; permit the Division of Wildlife Resources to prepare and distribute training materials related to mule deer protection; authorize the Wildlife Board to establish fees under programs that control and reduce the coyote population; and authorize the Division of Wildlife Resources to collect fees established by the Wildlife Board under programs that control and reduce the coyote population.

SUPPORTED (FAILED) -- S.B. 249 FIREARM POSSESSION AMENDMENTS (SEN. MADSEN, M.)
This bill would help Utah citizens by providing that a person who complies with Utah law regarding the possession of firearms is exempt from federal license and verification provisions. The bill would provide that a person who complies with Utah law regarding the possession of firearms is exempt from license and verification provisions in18 U.S.C. 922(q)(2)(B)(ii).

SUPPORTED (SIGNED) -- S.C.R. 2 CONCURRENT RESOLUTION ENCOURAGING ADVANCE HEALTH CARE DIRECTIVES (SEN. JONES, P.)
This concurrent resolution of the Legislature and the Governor would help Utah citizens by urging each adult citizen of the state of Utah to strongly consider preparing an advance health care directive. The resolution would urge adult citizens of the state of Utah to strongly consider preparing an advance health care directive that expresses their preferences about health care decisions under particular circumstances and that helps ensure that their health care wishes will be honored at a time when they cannot make or communicate health care decisions.

SUPPORTED (FAILED) -- S.J.R. 24 JOINT RULES RESOLUTION ON LEGISLATOR ORIENTATION (SEN. ROMERO, R.)
This rules resolution creating a joint rule that requires training for new senators and representatives. The resolution would create a joint rule listing required training for new senators and representatives; require that required training include instruction on Utah's statistical demographics and on cultural diversity and sensitivity; and assign responsibility for the training.

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