DAR File No. 44054

Public Safety, Criminal Investigations and Technical Services, Criminal Identification

Rule R722-370

Firearm Safety Program

Notice of Proposed Rule

(Repeal)

DAR File No.: 44054
Filed: 09/09/2019 12:33:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Enactment of H.B. 17, passed in the 2019 General Session, resulted in oversight of the Firearm Safety Program, including rulemaking authority, being transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health (line 344). The authorizing language that was previously included in Subsection 53-10-202(18)(d) was repealed upon passage of S.B. 239 during the 2018 General Session (line 181).

Summary of the rule or change:

This rule is no longer necessary due to the fact that the oversight of the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health. In addition, the statutory language that authorized the rule under Subsection 53-10-202(18)(d) was repealed in 2018, and new language authorizing the Division of Substance Abuse and Mental Health to create rules was enacted upon passage of H.B. 17 (2019) under Subsection 62A-15-103(3)(d). This rule is repealed in it's entirety.

Statutory or constitutional authorization for this rule:

• Subsection 76-10-501(7)
• Section 53-10-202
• Subsection 76-10-526(15)

Anticipated cost or savings to:

the state budget:

There is not an anticipated cost or savings to the state budget because this rule is being repealed due to the fact that the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health, and the statutory language that previously authorized the rule has been repealed.

local governments:

There is not an anticipated cost or savings to local governments because this rule is being repealed due to the fact that the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health, and the statutory language that previously authorized the rule has been repealed.

small businesses:

There is not an anticipated cost or savings to small businesses because this rule is being repealed due to the fact that the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health, and the statutory language that previously authorized the rule has been repealed.

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

There is not an anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this rule is being repealed due to the fact that the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health, and the statutory language that previously authorized the rule has been repealed.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because this rule is being repealed due to the fact that the Firearm Safety Program has been transferred from the Department of Public Safety, Criminal Investigations and Technical Services, to the Division of Substance Abuse and Mental Health, and the statutory language that previously authorized the rule has been repealed.

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

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

Jess L. Anderson, Commissioner

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

Public Safety
Criminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118

Direct questions regarding this rule to:

• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov
• Nicole Borgeson at the above address, by phone at 801-281-5072, by FAX at , or by Internet E-mail at nshepherd@utah.gov
• Greg Willmore at the above address, by phone at 801-965-4533, by FAX at , or by Internet E-mail at gwillmor@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:

10/31/2019

This rule may become effective on:

11/07/2019

Authorized by:

Greg Willmore, Division Director

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 above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are no non-small businesses that will be impacted by the repeal of this rule. The Firearm Safety Program is still functional; however, the program is now being handled by the Division of Substance Abuse and Mental Health rather than the Department of Public Safety.

 

The head of the Department of Public Safety, Jess L. Anderson, has reviewed and approved this fiscal analysis.

 

 

R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification.

[R722-370. Firearm Safety Program.

R722-370-1. Authority.

This rule is authorized by Subsection 53-10-202(18).

 

R722-370-2. Definitions.

(1) "Bureau" means the Utah Bureau of Criminal Identification within the Department of Public Safety established by Section 53-10-201.

(2) "Firearm dealer" means a firearms dealer who is licensed as defined in Subsection 76-10-501(7).

 

R722-370-3. Firearm Safety Packet.

(1)(a) The bureau shall produce a firearm safety brochure as described in Subsection 53-10-202(18)(a).

(b) The bureau shall make the firearm safety brochure available to all firearm dealers within the State of Utah.

(c) At the end of each fiscal year, the bureau shall review the firearm safety brochure described in Subsection 53-10-202(18)(a), verify the information is correct and current, and update any incorrect information.

(2)(a) At the end of each fiscal year, the bureau shall assess the funds appropriated by the Legislature for the management of the firearm safety program and determine the amount of cable-style gun locks that may be purchased for the next fiscal year.

(b) After determining the amount of cable-style gun locks that may be purchased, the bureau shall purchase such locks through the state purchasing process.

(3) The bureau shall distribute firearm safety packets as described in Subsection 53-10-202(18)(a)(iii) to persons described in Subsection 53-10-202(18)(b) upon request, subject to the availability of such packets.

 

R722-370-4. Redeemable Coupon Program.

(1)(a) Subject to funding appropriated by the Legislature for the management of the redeemable coupon program, the bureau shall implement and administer the Redeemable Coupon Program as described in Subsections 53-10-202(18)(c) and 76-10-526(15).

 

KEY: firearm safety, gun locks, redeemable coupon program

Date of Enactment or Last Substantive Amendment: February 24, 2015

Authorizing, and Implemented or Interpreted Law: 53-10-202; 53-10-201; 76-10-501(7); 76-10-526(15)]