Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since July 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R131. Capitol Preservation Board (State), Administration.

Rule R131-3. Use of Magnetometers on Capitol Hill.

As in effect on July 1, 2019

Table of Contents

R131-3-1. Authority.

Subsection 63C-9-301(3)(a) requires the Capitol Preservation Board to make rules to govern, administer, and regulate Capitol Hill facilities and Capitol Hill grounds.

R131-3-2. Definitions.

(1) Terms used in this rule are defined in Section 63C-9-102.

(2) In addition:

(a) "Magnetometer" means a device that electronically detects the presence of ferrous metals from their effect on the magnetic field surrounding the earth.

(b) "Capitol Hill identification card" means a valid identification card issued or recognized by the board with a picture, individual name, and department identifying the person as a state elected official or state employee. A Capitol Hill identification card for this purpose does not include a card issued to an individual who are not a state elected official or state employee.

R131-3-3. Security Levels.

(1) Notwithstanding any provision in this rule, under all security levels, Capitol Hill security personnel may in all cases exercise the full authority and discretion granted to them by law to maintain the public safety and peace and to enforce the law.

(2) "Security level one"

(a) Any person entering a facility may be asked to register with the Capitol Hill security personnel. No one is required to pass through a magnetometer.

(b) State elected officials and state employees holding valid Capitol Hill identification cards shall be allowed to enter at all entrances without registering or passing through a magnetometer.

(c) Bag searches may not be conducted.

(3) "Security level two"

(a) Except as provided in Subsection (3)(b), all persons entering a facility may be required to register with the Capitol Hill security personnel, and pass through a magnetometer.

(b) The board shall provide designated "employee entrances" where state elected officials and state employees holding valid Capitol Hill identification cards shall be allowed to enter without registering. The Capitol Hill security personnel may require State elected officials and state employees to pass through the magnetometers.

(c) The Capitol Hill security personnel may require bag searches for persons entering a facility including state elected officials and state employees holding a valid Capitol Hill identification card.

(4) "Security level three"

(a) Except as provided in Subsection (4)(b), all persons entering a facility shall register with the Capitol Hill security personnel, and pass through a magnetometer.

(b) The board shall provide designated "employee entrances" where state elected officials and state employees holding valid Capitol Hill identification cards shall be allowed to enter without registering. The Capitol Hill security personnel shall require state elected officials and state employees to pass through the magnetometers.

(c) The Capitol Hill security personnel shall require bag searches for all person entering a facility, including state elected officials and state employees.

R131-3-4. Magnetometers.

(1) By this rule, the board authorizes the use of magnetometers by Capitol Hill security personnel. Magnetometers may be used for security levels two and three.

(2) Capitol Hill security personnel may use magnetometers in facilities and on the grounds under the jurisdiction of the board after the commander of Capitol Hill security, or that person"s superior, determines that there is a justification for increasing security precautions to level two, or level three. Depending on where the threat is focused, different Capitol Hill facilities may be designated to be at different security levels. When practicable, the decision to increase security precautions at any Capitol Hill facility shall be made in consultation with the executive director. Otherwise, the person making the determination to change from one security level to another, shall notify the executive director as soon as practicable after the decision is made.

(3) The executive director shall notify the members of the board when the security level is changed. Any member of the board may request a meeting of the full board to examine further the decision to move to higher security levels. The Board may lower the security level by a majority vote of the members present forming a quorum of the Board. The Commander may also reduce the security level depending on the security information received.

(4) The board and Capitol Hill security personnel, while using magnetometers in facilities under the authority of the board, shall not impact or infringe upon the rights of persons to keep and bear arms in accordance with Utah Constitution Article I, Section 6, and Title 76, Chapter 10, Part 5. A person carrying a concealed weapon by permit may be asked to show a valid, current concealed weapons permit before being allowed to enter the facility.

KEY

public buildings, state buildings, facilities use

Date of Enactment or Last Substantive Amendment

May 30, 2002

Notice of Continuation

May 2, 2017

Authorizing, Implemented, or Interpreted Law

63C-9-301(3)


Additional Information

Contact

For questions regarding the content or application of rules under Title R131, please contact the promulgating agency (Capitol Preservation Board (State), Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.