DAR File No. 43935

Regents (Board of), Administration

Rule R765-802

Weapons on Campus

Notice of Proposed Rule

(New Rule)

DAR File No.: 43935
Filed: 07/30/2019 11:52:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule addresses the Utah System of Higher Education's obligation under the Student Civil Liberties Protection Act, Section 53B-27-302, which requires public institutions of higher education to file an administrative rule for campus policies that impact a student's civil liberties.

Summary of the rule or change:

In accordance with Title 53B, Chapter 27, Part 3, Campus Civil Liberties Protection Act, this rule incorporates internal policies, state laws, and constitutional rights already in place at public institutions of higher education. All institutions are already complying with the principles established in this rule about 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 PPM 5-35a, Firearms on Campus, published by Weber State University, 08/10/2010
• Adds Policy 1-003, Firearms on Campus, published by University of Utah, 09/24/2007
• Adds 541 Student Code of Conduct, published by Utah Valley University, 11/29/2018

Anticipated cost or savings to:

the state budget:

This rule will have no fiscal impact on the state budget. This rule incorporates internal policies, state laws, and constitutional rights already in place at public institutions of higher education. All institutions are already complying with the principles established in this rule.

local governments:

There is no fiscal impact on local governments.

small businesses:

There is no fiscal impact on small businesses.

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

Although this rule and incorporated policies restrict in some cases the right to bring weapons on campus, which could indirectly impact a student fiscally, those restrictions already exist in state law.

Compliance costs for affected persons:

As stated, institutions must already comply with this rule, its referenced state laws, and incorporated policies. There is no new or additional cost to compliance.

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

This rule will not fiscally impact businesses.

Dave Woolstenhulme, Commissioner

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

Regents (Board of)
Administration
BOARD OF REGENTS BUILDING, THE GATEWAY
60 SOUTH 400 WEST
SALT LAKE CITY, UT 84101-1284

Direct questions regarding this rule to:

• Geoff Landward at the above address, by phone at 801-321-7136, by FAX at , or by Internet E-mail at glandward@ushe.edu

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:

09/24/2019

Authorized by:

Dave Woolstenhulme, Commissioner of Higher Education

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

This proposed rule is not expected to fiscally impact non-small businesses' revenues or expenditures. The Student Civil Liberties Protection Act requires institutions of higher education to engage in rulemaking when their policies directly impact a student's civil liberties. The result is limited to certain student policies also being filed as administrative rules. Non-small businesses are neither impacted nor directly benefit from the student policies being enacted also as administrative rules.

 

The Commissioner of Higher Education, Dave Woolstenhulme, has reviewed and approved this fiscal analysis.

 

 

R765. Regents (Board of), Administration.

R765-802. Weapons on Campus.

R765-802-1. Purpose.

(1) In accordance with Title 53B, Chapter 27, Part 3, Campus Civil Liberties Protection Act, this rule establishes general rights and restrictions on possessing weapons on campus.

 

R765-802-2. 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.

 

R765-802-3. Possession of Weapons on Campus.

(1) Institutions comply with and enforce the state laws referenced in section 2 governing firearms on campus.

 

R765-802-4. Incorporations of Institution Policies.

Institutions have adopted the following policies that are incorporated by reference within this rule:

(1) Weber State University.

(a) PPM 5-35a, Firearms on Campus, August 10, 2010.

(2) University of Utah.

(a) Policy 1-003, Firearms on Campus September 24, 2007.

(3) Utah Valley University.

(a) 541 Student Code of Conduct November 29, 2018.

 

KEY: civil liberties, due process, weapons

Date of Enactment or Last Substantive Amendment: 2019

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