This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 12, 2016 at 11:47 AM by lpoole.
8 LONG TITLE
9 General Description:
10 This bill provides for firearm safety and violence prevention instruction in public
12 Highlighted Provisions:
13 This bill:
14 ▸ creates a pilot program to provide instruction to certain public school students on
15 firearm safety and violence prevention;
16 ▸ directs the Office of the Attorney General, in collaboration with the State Board of
17 Education, to select a provider to supply materials and curriculum for the instruction
18 to be provided under the pilot program;
19 ▸ provides a reporting requirement; and
20 ▸ provides a sunset date.
21 Money Appropriated in this Bill:
22 This bill appropriates in fiscal year 2017:
23 ▸ to the Attorney General - Attorney General, as a one-time appropriation:
24 • from the Ŝ→ [
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 63I-1-253, as last amended by Laws of Utah 2015, Chapters 62, 431, and 442
31 53A-13-106.5, Utah Code Annotated 1953
33 53A-13-106, as last amended by Laws of Utah 2008, Chapter 382
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53A-13-106.5 is enacted to read:
37 53A-13-106.5. Firearm Safety and Violence Prevention Pilot Program.
38 (1) As used in this section:
39 (a) "District school" means a public school under the control of a local school board
40 elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
42 (b) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle, or short
43 barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a
44 projectile by action of an explosive.
45 (c) "Pilot program" means the Firearm Safety and Violence Prevention Pilot Program
46 created under Subsection (2).
47 (2) There is created a Firearm Safety and Violence Prevention Pilot Program to provide
48 instruction that a public school may offer to a student in any of grades 5 through 12 on:
49 (a) firearm safety, including:
50 (i) developing the knowledge, habits, skills, and attitudes necessary for the safe
51 handling of firearms; and
52 (ii) teaching a student that to avoid injury when the student finds a firearm the student
54 (A) not touch the firearm;
55 (B) tell an adult about finding the firearm and the location of the firearm; and
56 (C) share the information described in Subsection (2)(a)(ii)(A) and (B) with any other
57 minors who are with the student when the student finds the firearm; and
58 (b) what to do if the student becomes aware of a threat against the school.
59 (3) The instruction described in Subsection (2):
60 (a) may be delivered:
61 (i) in a public school using live instruction or a video or online materials; or
62 (ii) at home using a video or online materials; and
63 (b) shall be neutral of political statements on guns.
64 (4) The Office of the Attorney General, in collaboration with the State Board of
65 Education, shall select one or more providers, through the standard procurement process or an
66 exception to the standard procurement process as described in Title 63G, Chapter 6a, Utah
67 Procurement Code, to supply materials and curriculum for the pilot program.
68 (5) (a) A district school or charter school may participate in the pilot program, subject
69 to approval by the district school's local school board or charter school's charter school
70 governing board.
71 (b) A district school or charter school that chooses to participate in the pilot program:
72 (i) shall use the materials and curriculum supplied by the provider selected under
73 Subsection (4);
74 (ii) may permit the following to provide instruction on a voluntary basis:
75 (A) the Division of Wildlife Resources;
76 (B) a local law enforcement agency;
77 (C) a peace officer, as defined in Section 53-13-102; or
78 (D) another certified firearms safety instructor, as defined in rules made by the State
79 Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
80 Act; and
81 (iii) shall ensure that a firearm is not used in providing the instruction.
82 (c) A student may not be given the instruction described in Subsection (2) unless the
83 student's parent or legal guardian has given prior written consent.
84 (6) The Office of the Attorney General, in collaboration with the State Board of
85 Education shall evaluate the pilot program and report to the Law Enforcement and Criminal
86 Justice Interim Committee on or before December 1, 2018.
87 Section 2. Section 63I-1-253 is amended to read:
88 63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
89 The following provisions are repealed on the following dates:
94 repealed July 1, 2020.
95 (4) Section 53A-13-106.5 is repealed July 1, 2019.
96 (5) The State Instructional Materials Commission, created in Section 53A-14-101, is
97 repealed July 1, 2016.
98 (6) Section 53A-15-106 is repealed July 1, 2019.
99 (7) Subsections 53A-16-113(3) and (4) are repealed December 31, 2016.
100 (8) Section 53A-16-114 is repealed December 31, 2016.
101 (9) Section 53A-17a-163, Performance-based Compensation Pilot Program is repealed
102 July 1, 2016.
103 (10) Section 53B-24-402, Rural residency training program, is repealed July 1, 2020.
104 (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
105 from the Land Exchange Distribution Account to the Geological Survey for test wells, other
106 hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
107 Section 3. Appropriation.
108 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
109 the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
110 are appropriated from resources not otherwise appropriated, or reduced from amounts
111 previously appropriated, out of the funds or accounts indicated. These sums of money are in
112 addition to any amounts previously appropriated for fiscal year 2017.
113 To Attorney General - Attorney General
114 From Ŝ→ [
115 Schedule of Programs:
116 Administration $75,000
117 The Legislature intends that appropriations provided under this section:
118 (1) be used for the Firearm Safety and Violence Prevention Pilot Program described in
119 Section 53A-13-106.5; and
120 (2) under Section 63J-1-603, not lapse at the close of fiscal year 2017.
121 Section 4. Repealer.
122 This bill repeals:
123 Section 53A-13-106, Instruction in firearm safety -- Purpose -- School districts to
124 implement volunteer education classes -- Parental consent exception.