DAR File No. 43980

Human Services, Substance Abuse and Mental Health

Rule R523-20

Community Firearms Violence and Suicide Prevention Standards

Notice of Proposed Rule

(New Rule)

DAR File No.: 43980
Filed: 08/12/2019 08:58:18 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes procedures for distribution of goods and services specified in Subsection 62A-15-103(3).

Summary of the rule or change:

This rule provides the descriptions of the development and distribution of suicide prevention pamphlets, establishes a process for purchasing and distributing gun safety locks, and outlines a process for distributing gun safe coupons.

Statutory or constitutional authorization for this rule:

• Subsection 62A-15-103(3)(d)

Anticipated cost or savings to:

the state budget:

The Division of Substance Abuse and Mental Health (Division) was allocated ongoing $10,000 by the 2019 Legislature to produce suicide prevention pamphlets, and purchase gun safety locks for distribution, and $500,000 in onetime funds to provide coupons to counseled weapons card holders for the purchase of a gun lock. All funding will be used for those purposes, and these goods and services will be discontinued once funding has been depleted.

local governments:

Local Mental Health Authorities that participate in these programs will not be charged for the pamphlets or gun locks.

small businesses:

Small businesses that participate in these programs will not be charged for the pamphlets or gun locks that are distributed by them.

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

Other persons may participate in receiving free suicide prevention pamphlets and gun locks, but this benefit is inestimable because it is unknown how many pamphlets and locks one person might receive, and the total coast for those items is not known at this time. One time funds of $500,000 are available for coupons to reimburse the cost of purchasing gun safes. These coupons are only available to Utah residents with a current concealed firearm permit, and Utah residents applying for concealed firearm permit. The amount of reimbursable money available per person through this coupon program will be 50 percent of the purchase price of a gun safe not to exceed a total of $100 per coupon. This benefit is inestimable because of the reimbursement formula, and the varying costs of gun safes that may be purchased. Small businesses should receive a benefit from this rule as well. The Division has determined that Sporting Goods Stores, NAICS 54111, of which there are 331 in the state at this time, are the most likely retailers to sell hand gun safes, and this rule provides an incentive to concealed firearm permit holders to potentially purchase a safe from one of these stores. This benefit is inestimable because of the varying types and costs of gun safes that may be purchased, and the possibility that concealed permit owners may choose to purchase their safes at one of the 15 non-small business sporting goods retailers in the state, and the 3 other general merchandise non-small businesses, NAICS 452319, in the state, that have been determined to possibly provide gun safes for purchase. Also, there is a possibility that a number of safes will be purchased on the internet.

Compliance costs for affected persons:

There are no compliance cost to local governments, businesses, or other persons in this new rule.

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 result in a positive fiscal impact to businesses.

Ann Williamson, Executive Director

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

Human Services
Substance Abuse and Mental Health
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Thomas Dunford at the above address, by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at [email protected]
• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, 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:

10/01/2019

This rule may become effective on:

10/08/2019

Authorized by:

Doug Thomas, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$510,000	$10,000	$10,000
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$510,000	$10,000	$10,000
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 are 15 sporting goods stores, NAICS 451110 and 3 Other General Merchandise Stores, NAICS 452319 operating in Utah that were determined to be affected by this rule. These businesses may experience a fiscal benefit associated with a possible increase in the purchase of small handgun safes that is encouraged and incentivized in this rule. The full impact to these non-small businesses cannot be estimated because of the varying types and costs of gun safes that may be purchased, and the possibility that concealed permit firearm owners may choose to purchase their safes at one of the 331 small business sporting goods retailers that have been determined to possibly provide gun safes for purchase. Also, there is a possibility that a number of safes will be purchased on the internet.

 

The Director of the Department of Human Service, Ann Williamson, has reviewed and approved this fiscal analysis.

 

 

R523. Human Services, Substance Abuse and Mental Health.

R523-20. Community Firearms Violence and Suicide Prevention Standards.

R523-20-1. Authority.

(1) This rule establishes procedures and standards for administration of suicide prevention education grant funds as granted by Subsection 62A-15-103(3)(d).

 

R523-20-2. Purpose.

(1) This rule establishes procedures for distribution of goods and services specified in Section 62A-15-103 (3).

 

R523-20-3. Development and Distribution of Suicide Prevention Pamphlets.

(1) The Division of Substance Abuse and Mental Health (DSAMH) will coordinate with the Department of Health, local mental health and substance abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a Utah-based nonprofit organization with expertise in the field of firearm use and safety that represents firearm owners, to produce, periodically review and update, and to distribute firearm safety brochures and packets.

(2) Brochures shall be made available through the Utah Suicide Prevention Coalition and groups outlined in Section 62A-15-103(3)(b), and by request from other interested parties.

 

R523-20-4. Purchase and Distribution of Gun Locks.

(1) DSAMH shall use standard procurement processes to enter into a contract for ongoing purchase of cable style gun locks for distribution.

 

R523-20-5. Gun Safe Coupon Distribution.

(1) DSAMH shall coordinate with the Department of Public Safety (DPS) to administer a redeemable coupon program for Utah residents with a current concealed firearm permit, and Utah residents applying for concealed firearm permit.

(2) DSAMH shall establish a registration process for the coupons.

(a) DPS shall alert concealed firearm permit holders by post on the Bureau of Criminal Investigations webpage;

(b) coupons shall be dispensed on a first come first serve basis;

(c) individuals receiving coupons will be required to submit concealed firearm permit number and receipt for safe purchase for reimbursement of funds as outlined in application process, and

(d) only 1 coupon shall be available per permit number holder.

(3) This program operates on on-time funding, therefore, coupons shall be available until all funds are expended.

 

KEY: firearm safety and suicide prevention program, gun locks, gun safe coupons, firearm safety and suicide prevention pamphlets

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 62A-15-103(3)(d), 62A-15-1101(7)(b)(ii)