DAR File No. 43282

Insurance, Administration

Rule R590-279

Rule Designating Fraud Division Offices as a Secured Area

Notice of Proposed Rule

(New Rule)

DAR File No.: 43282
Filed: 10/16/2018 02:08:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule creates a provision that prohibits firearms, ammunition, dangerous weapons, and explosives at the offices of the Insurance Department's Fraud Division.

Summary of the rule or change:

This rule prohibits firearms, ammunition, dangerous weapons, and explosives in non-public areas of the Insurance Department's Fraud Division. Firearms, ammunition, dangerous weapons, and explosives that are in the possession of a law enforcement officer are exempt from the prohibition.

Statutory or constitutional authorization for this rule:

• Subsection 31A-2-201(3)
• Section 76-8-311.1

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. Designating the Fraud Division's offices as a secure area and prohibiting the listed items will have no cost on the state now or in the future.

local governments:

There is no anticipated cost or savings to local governments. This rule governs the relationship between the Insurance Department's Fraud Division and visitors to its offices.

small businesses:

There is no anticipated cost or savings to small businesses. This rule governs the relationship between the Insurance Department's Fraud Division and visitors to its offices.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to any other persons. This rule governs the relationship between the Insurance Department's Fraud Division and visitors to its offices.

Compliance costs for affected persons:

There is no anticipated compliance cost for any affected persons. Visitors to the Insurance Department's Fraud Division will be prohibited from bringing the listed items into non-public areas of the Fraud Division's offices, but there is no cost to comply with this rule. Visitors may simply leave their weapons at home or in another secure location.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

Todd E Kiser, Insurance Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Insurance
Administration
Room 3110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Steve Gooch at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/17/2018

This rule may become effective on:

12/24/2018

Authorized by:

Steve Gooch, Information Specialist

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses**

This proposed new rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures, because it only governs the relationship between the Insurance Department's Fraud Division and visitors to its offices. Visitors to the Fraud Division will be prohibited from bringing firearms, ammunition, dangerous weapons, and explosives into the Fraud Division's offices, but this will not involve any costs.

 

The head of the Insurance Department, Todd E. Kiser, has reviewed and approved this fiscal analysis.

 

**"Non - small business" means a business employing 50 or more persons; "small business" means a business employing fewer than 50 persons.

 

 

R590. Insurance Department, Administration.

R590-279. Rule Designating Fraud Division Offices as a Secured Area.

R590-279-1. Authority.

This rule is adopted pursuant to the following:

(1) Subsection 31A-2-201(3) that authorizes the commissioner to make rules to implement the provisions of Title 31A; and

(2) Section 76-8-311.1 that authorizes the commissioner, as a person in charge of a law enforcement facility, to establish secure areas within the facility and to prohibit or control by rule any firearm, ammunition, dangerous weapon, or explosive in that facility.

 

R590-279-2. Prohibition.

(1) An area, other than an area generally accessible to the public, that is owned, leased or operated by the commissioner for law enforcement officers employed pursuant to Section 31A-2-104 is established as a secure area in which any firearm, ammunition, dangerous weapon, or explosive is prohibited.

(2) Any firearm, ammunition, dangerous weapon, or explosive in the possession of a law enforcement officer is exempt from the prohibition in Subsection (1).

 

R590-279-3. Severability.

If any provision or clause of this rule or its application to any person or situation is held invalid, that invalidity may not affect any other provision or application of this rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable.

 

KEY: insurance, firearms

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: 76-8-3.11.1; 31A-2-201(3)