HB 534 — Firearm Immunity Amendments

02-24HB0534S01 11:00compared 1stwith Sub.HB0534 {Omitted text} shows text that was in HB0534 but was omitted in HB0534S01 inserted text shows text that was not in HB0534 but was inserted into HB0534S01 DISCLAIMER:

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David3 P.LONG TITLE General Description:

Hinkins 3 LONG TITLE General Description:

▸ creates an exception to the immunity described above if the governmental entity or the governmental entity's officers or employees affirmatively encourage or aid a firearm discharge for {a nondefensive } an unlawful purpose;

▸ expands the class of tenants who are immune from liability for injury or harm resulting from a firearm discharge by an individual on the tenant's property by amending the definition ofoH "property occupant" to:

B ● remove the requirement that the property be privately owned;

and 15 ● 3 HB0534 compared with HB0534S01 include legal entities, rather than only an individual, who has the right to occupy t property under an agreement;

and S ▸ makes technical changes.

b Money Appropriated in this Bill:

H None .Other Special Clauses:

OtherNone SpecialUtah Clauses:Code Sections Affected:

BAMENDS: .

None53-5a-103 3, as last amended by Laws of Utah Code2025, SectionsChapter Affected:208 63G-7-201 , as last amended by Laws of Utah 2025, First Special Session, Chapter 15 Be it enacted by the Legislature of the state of Utah:

4 AMENDS:

53-5a-103, as last amended by Laws of Utah 2025, Chapter 208 63G-7-201, as last amended by Laws of Utah 2025, First Special Session, Chapter 15 1st Sub.

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534 02-24 11:00 Be it enacted by the Legislature of the state of Utah:

53-5a-10353-5a-103. .

63G-7-20163G-7-201. .

- 2 - HB0534 compared with HB0534S01 (1) Except as otherwise provided in this chapter, each governmental entity and each employee of a governmental entity are immune from suit for any injury that results from the exercise of a governmental function.

(ii) investigate and control suspected bioterrorism and disease as set out in Sections -26B-7-316 2through -26B-7-324; 02-24 11:00 1st Sub.

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534 26B-7-316 through 26B-7-324;

and (c)(i)(c) (i) for any injury or damage resulting from the discharge of a firearm by an individual who may lawfully possess a firearm, if the injury or damage arises out of or in connection with, or results from the governmental entity, officer, or employee allowing firearm possession, in accordance with law, policy, or practice, on property owned, leased, or controlled by the governmental entity.

- 3 - HB0534 compared with HB0534S01 (ii) Subsection (2)(c)(i) does not apply if the governmental entity, officer, or employee solicits, requests, commands, encourages, or intentionally aids the individual in discharging the firearm for {a } an unlawful purpose.purpose {other than the lawful defense of an individual} .

(3)(a)(3) (a) A governmental entity, its officers, and its employees are immune from suit, and immunity is not waived, for any injury if the injury arises out of or in connection with, or results from:

(b)(i)(b) (i) As used in this Subsection (3)(b):

(B) "Contamination" means the condition of land that results from the placement, -disposal, 3or -release 1stof Sub.hazardous matter on, in, or under the land, including any seeping or escaping of the hazardous matter from the land.

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534 02-24 11:00 disposal, or release of hazardous matter on, in, or under the land, including any seeping or escaping of the hazardous matter from the land.

- 4 - HB0534 compared with HB0534S01 (F) "Hazardous matter" means hazardous materials, as defined in Section 19-6-302, hazardous substances, as defined in Section 19-6-302, or landfill material, as defined in Section 11-58-102.

(ii)(A)(ii) (A) A government owner and the government owner's officers and employees are immune from suit, and immunity is not waived, for any claim for damage that arises out of or in connection with, or results from, contamination of contaminated land.

-(iv) 4Immunity -under 02-24Subsection 11:00(3)(b)(ii)(A) 1stis Sub.not affected by a government owner's remediation of contaminated land if the government owner is environmentally compliant.