DAR File No. 43928

System of Technical Colleges (Utah), Ogden-Weber Technical College

Rule R955-3

Weapons on Campus

Notice of Proposed Rule

(New Rule)

DAR File No.: 43928
Filed: 07/30/2019 12:31:47 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In the 2018 General Session, H.B. 116 was passed regarding civil liberties on college campuses. As part of that bill colleges were asked to look at all college policies and if any involved civil liberties, colleges needed to submit an administrative rule to comply with the bill.

Summary of the rule or change:

In accordance with Section 53B-27-302, Campus Civil Liberties Protection Act, this rule establishes general rights and restrictions on possessing weapons on campus.

Statutory or constitutional authorization for this rule:

• Section 53B-27-302

This rule or change incorporates by reference the following material:

• Adds Weapons Prohibited on College Property and at College Activities, published by Ogden-Weber Technical College, 07/25/2019

Anticipated cost or savings to:

the state budget:

No impact on state budget because of already existing statute about weapons on campus.

local governments:

No impact on local governments because of already existing statute about weapons on campus.

small businesses:

No impact on small businesses because of already existing statute about weapons on campus.

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

No impact on persons other than small businesses, businesses, or local government entities because of already existing statute about weapons on campus.

Compliance costs for affected persons:

No impact on affected persons because of already existing statute about weapons on campus.

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

No impact on affected persons because of already existing statute about weapons on campus.

Jim Taggart, President

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

System of Technical Colleges (Utah)
Ogden-Weber Technical College
200 N WASHINGTON BLVD
OGDEN, UT 84404

Direct questions regarding this rule to:

• Chad Burchell at the above address, by phone at 801-627-8388, by FAX at , or by Internet E-mail at [email protected]

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:

09/16/2019

This rule may become effective on:

09/23/2019

Authorized by:

Chad Burchell, VP of Student Services

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
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

There is no anticipated impact or benefit to non-small businesses.

 

President Jim Taggart has reviewed and approved this fiscal analysis.

 

 

R955. System of Technical Colleges (Utah), Ogden-Weber Technical College.

R955-3. Weapons on Campus.

R955-3-1. Purpose.

(1) In accordance with Title 53B, Chapter 27, Section 302, Campus Civil Liberties Protection Act, this rule establishes general rights and restrictions on possessing weapons on campus.

 

R955-3-2. References.

(1) Title 76, Chapter 10, Part 500 Uniform Law (Right to bear arms in Utah).

(2) Title 76, Chapter 10, Part 501 Definitions.

(3) Title 76, Chapter 10, Part 505.5 Possession of a dangerous weapon, firearm, or sawed off shotgun on or about school premises - Penalties.

(4) Title 76, Chapter 3, Part 203.2 Definitions - Use of dangerous weapon in offenses committed on or about school premises - Enhanced penalties. Exceptions.

(5) Title 53, Chapter 5, Section 704 Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal Procedure.

(6) Title 53, Chapter 5, Section Temporary permit to carry concealed firearm - Denial, suspension, or revocation - Appeal.

(7) Title 76, Chapter 10, Possession of firearm at residence or on real property authorized.

(8) Title 76, Chapter 10, Persons exempt from weapons laws.

(9) Title 53B, Chapter 27, Part 3, Campus Civil Liberties Protection Act.

(10) Policy -- Weapons Prohibited on College Property and at College Activities 520.52 -- approved on July 25, 2019.

 

R955-3-3. Possession of Weapons on Campus.

(1) The college complies with and enforces the state laws referenced in section 2 governing firearms on campus.

 

R955-3-4. Incorporations of College Policies.

(1) The college has adopted the following policies that are incorporated by reference within this rule:

(a) Policy - Weapons Prohibited on College Property and at College Activities 520.52. -- approved on July 25, 2019.

 

KEY: civil liberty, technical college, technical education, weapons on campus

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 53B-27-302