SB 340: Protected Person Amendments - Utah

Substitute #4 → Enrolled · 5 edits · Mar 26, 2025

MODERATE

This bill significantly expands the definition of private records to include sensitive data like voter contact information, electronic toll data, and security improvement applications, while also clarifying exceptions for medical records in legal proceedings. It simultaneously waives governmental immunity for specific sexual misconduct claims against schools and universities, ensuring victims can sue for injuries caused by employees who violated safety codes or policies.

Scope change

The bill broadens the scope of protected private records to cover new categories of data and extends liability waivers to include higher education institutions alongside public schools.

SCOPE

Added numerous new categories of private records, including voter registration details (email, phone, DOB), electronic toll collection data, military ballot records, and security improvement application records.

DEFINITION

Clarified that medical records held by the University of Utah Hospital are not private if sought in legal proceedings where the patient's condition is central to the claim or defense.

REQUIREMENT

Waived governmental immunity for lawsuits regarding sexual battery or sexual abuse against public school students by employees who were criminally charged and failed to meet background check requirements.

Waived governmental immunity for lawsuits regarding sexual battery against university students by 'special trust' employees, unless the institution had a policy governing behavior and implemented it before the incident.

TIMELINE

Changed the effective date of the bill from March 7, 2025, to May 7, 2025.

Introduced → Substitute #1 · 3 edits

MINOR

The bill was amended to add a new section regarding government immunity waivers for sexual battery claims in higher education, while the core security improvement provisions for individuals at risk of harm remained unchanged. A new effective date was added for the immunity changes, and a timestamp was appended to the document.

Scope change

The bill's scope regarding security improvements for at-risk individuals remains the same, but the scope of government liability was expanded to include specific sexual battery claims in higher education settings.

ENFORCEMENT

Added a new section waiving government immunity from lawsuits for sexual battery claims against special trust employees in higher education institutions, unless specific safety policies were in place.

TIMELINE

Added a specific effective date of May 7, 2025, for the new government immunity provisions.

TECHNICAL

Added a timestamp to the end of the document and slightly reorganized the header information.

Substitute #3 → Substitute #4 · 5 edits

MODERATE

This bill substitutes a new version of SB 340 that creates a legal process for individuals at risk of harm to build security improvements on their property. The changes primarily involve updating definitions, adjusting eligibility timeframes, and clarifying the scope of protected improvements.

Scope change

The bill's scope remains focused on security improvements for individuals at risk of harm, but the definition of 'security improvement' was expanded to explicitly include immediate family members living at the same residence.

DEFINITION

Added a new definition for 'easement holder' to clarify how underground improvements relate to property rights.

Updated the definition of 'protected person' to explicitly include immediate family members living at the same residence in the security improvement definition.

ELIGIBILITY

Changed the eligibility timeframe from five years to four years preceding the application for certification.

REQUIREMENT

Modified the certification process language to clarify that improvements must be constructed within property boundaries rather than leading to boundaries.

TECHNICAL

Adjusted formatting and numbering in the bill text to align with standard legislative drafting conventions.

Substitute #2 → Substitute #3 · 10 edits

MAJOR

This bill introduces a new Security Improvements Act to help individuals at risk of harm obtain certified security improvements on their property. The bill establishes a certification process, exempts certified improvements from certain land use regulations, and provides legal remedies if municipalities or counties unlawfully delay permits. It also adds new private record categories related to security improvement applications and permits.

Scope change

Adds a new chapter (Chapter 29) to the Utah Code establishing the Security Improvements Act, which did not exist previously.

SCOPE

Creates a new Security Improvements Act (Chapter 29) to provide a legal framework for individuals at risk of harm to construct security improvements on their property.

ELIGIBILITY

Establishes eligibility criteria for 'protected persons' as individuals who received a credible threat or were physically harmed within the past five years.

REQUIREMENT

Creates a certification process requiring applicants to submit evidence of threat and building plans to a certifying officer within 45 days of application.

ENFORCEMENT

Exempts certified security improvements from county or municipal land use regulations if they comply with state construction and fire codes.

Provides legal remedies including attorney fees and $250 per day damages if a municipality or county unlawfully conditions, delays, or denies a building permit for a certified improvement.

DEFINITION

Defines key terms including 'credible threat' (confirmed by law enforcement), 'certified improvement,' and 'protected property.'

TECHNICAL

Adds new private record categories to Utah Code Section 63G-2-302 for security improvement applications, certificates, and permits to maintain confidentiality.

Amends Utah Code Section 63G-7-301 to waive governmental immunity for actions brought under the new Security Improvements Act.

Changes 'non-estate interest' to 'easement or other non-estate interest' in the definition of certified improvements to clarify scope.

Replaces 'damage or interfere' with 'damage or interfere with the purpose or use' in the definition of certified improvements for greater precision.

Substitute #1 → Substitute #2 · 4 edits

MODERATE

The bill text was updated from the first substitute version to the second substitute version, primarily changing the House Sponsor from 'LONG TITLE' to 'Tyler Clancy' and adjusting the formatting of the header information. The substantive policy content regarding security improvements for at-risk individuals remains unchanged.

Scope change

No substantive change to the bill's scope or applicability; only administrative and formatting updates.

TECHNICAL

Changed the House Sponsor name from 'LONG TITLE' to 'Tyler Clancy' in the header section.

Updated the document header to indicate this is the '2nd Sub.' (Salmon) version with a new timestamp of 03-04 10:33.

Reformatted the highlighted provisions section to use bullet points (▸) and adjusted line spacing for readability.

Added page number markers (-2- and -3-) and adjusted the layout of the enacted sections for the second substitute version.

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