Representative Steve Eliason proposes the following substitute bill:


1     
FIREARM VIOLENCE AND SUICIDE PREVENTION

2     
AMENDMENTS

3     
2019 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Steve Eliason

6     
Senate Sponsor: Curtis S. Bramble

7     

8     LONG TITLE
9     General Description:
10          This bill reenacts and modifies previously sunsetted provisions relating to a voluntary
11     firearm safety program and a suicide prevention education course.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the Division of Substance Abuse and Mental Health, in consultation with
15     the Bureau of Criminal Identification, to implement and manage a firearm safety
16     program and a suicide prevention education course by:
17               •     producing a firearm safety brochure and firearm safety packet;
18               •     procuring cable-style gun locks;
19               •     distributing firearm safety packets;
20               •     administering a program in which a Utah resident who has filed an application
21     for a concealed firearm permit receives a redeemable coupon toward the
22     purchase of a firearm safe and receives a firearm safety brochure; and
23               •     creating a suicide prevention education course;
24          ▸     modifies the administration of a grant program to provide suicide prevention
25     education opportunities for firearm dealers;

26          ▸     requires a federal firearm dealer to provide a cable-style gun lock supplied by the
27     Division of Substance Abuse and Mental Health to an individual purchasing a
28     certain firearm;
29          ▸     requires the Bureau of Criminal Identification, in conjunction with the Division of
30     Substance Abuse and Mental Health, to:
31               •     create a firearm safety and suicide prevention web-accessible video; and
32               •     require an applicant seeking renewal of a concealed firearm permit to view the
33     video before renewal; and
34          ▸     makes technical changes.
35     Money Appropriated in this Bill:
36          This bill appropriates in fiscal year 2020:
37          ▸     to Department of Human Services - Division of Substance Abuse and Mental
38     Health, as an ongoing appropriation:
39               •     from General Fund Restricted - Concealed Weapons Account, $25,000.
40          ▸     to Department of Human Services - Division of Substance Abuse and Mental
41     Health, as a one-time appropriation:
42               •     from General Fund Restricted, One-time - Concealed Weapons Account,
43     $500,000.
44     Other Special Clauses:
45          This bill provides a coordination clause.
46     Utah Code Sections Affected:
47     AMENDS:
48          53-5-707, as last amended by Laws of Utah 2018, Chapter 417
49          62A-15-103, as last amended by Laws of Utah 2018, Chapter 322
50          62A-15-1101, as last amended by Laws of Utah 2018, Chapters 38, 414, and 415
51          63I-1-262, as last amended by Laws of Utah 2018, Chapters 74, 220, 281, and 347
52          63I-1-276, as enacted by Laws of Utah 2014, Chapter 226
53          63I-2-262, as last amended by Laws of Utah 2018, Chapter 38
54          76-10-526, as last amended by Laws of Utah 2018, Chapter 417
55     ENACTS:
56          53-5-707.6, Utah Code Annotated 1953

57          62A-15-103.1, Utah Code Annotated 1953
58     REPEALS:
59          53-10-202.3, as enacted by Laws of Utah 2017, Chapter 296
60     Utah Code Sections Affected by Coordination Clause:
61          62A-15-1101, as last amended by Laws of Utah 2018, Chapters 38, 414, and 415
62     

63     Be it enacted by the Legislature of the state of Utah:
64          Section 1. Section 53-5-707 is amended to read:
65          53-5-707. Concealed firearm permit -- Fees -- Concealed Weapons Account.
66          (1) (a) An applicant for a concealed firearm permit shall pay a fee of $25 at the time of
67     filing an application.
68          (b) A nonresident applicant shall pay an additional $10 for the additional cost of
69     processing a nonresident application.
70          (c) The bureau shall waive the initial fee for an applicant who is a law enforcement
71     officer under Section 53-13-103.
72          (d) Concealed firearm permit renewal fees for active duty service members and the
73     spouse of an active duty service member shall be waived.
74          (2) The renewal fee for the permit is $20. A nonresident shall pay an additional $5 for
75     the additional cost of processing a nonresidential renewal.
76          (3) The replacement fee for the permit is $10.
77          (4) (a) The late fee for the renewal permit is $7.50.
78          (b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
79     submitted on a permit that has been expired for more than 30 days but less than one year.
80          (5) (a) There is created a restricted account within the General Fund known as the
81     "Concealed Weapons Account."
82          (b) The account shall be funded from fees collected under this section and Section
83     53-5-707.5.
84          (c) Funds in the account [shall] may only be used to cover costs relating to:
85          (i) the issuance of concealed firearm permits under this part [and may not be used for
86     any other purpose.]; or
87          (ii) the programs described in Subsections 62A-15-103(3) and 76-10-526(15) and

88     Section 62A-15-1101.
89          (6) (a) The bureau may collect any fees charged by an outside agency for additional
90     services required by statute as a prerequisite for issuance of a permit.
91          (b) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
92     appropriate agency.
93          (7) The bureau shall make an annual report in writing to the Legislature's Law
94     Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
95     collected under this section and Section 53-5-707.5.
96          Section 2. Section 53-5-707.6 is enacted to read:
97          53-5-707.6. Concealed firearm permit renewal -- Firearm safety and suicide
98     prevention video.
99          (1) The bureau, in conjunction with the Division of Substance Abuse and Mental
100     Health created in Section 62A-15-103, shall create a firearm safety and suicide prevention
101     video that:
102          (a) is web-accessible;
103          (b) is no longer than 10 minutes in length; and
104          (c) includes information about:
105          (i) safe handling, storage, and use of firearms in a home environment;
106          (ii) at-risk individuals and individuals who are legally prohibited from possessing
107     firearms; and
108          (iii) suicide prevention awareness.
109          (2) Before renewing a firearm permit, an individual shall view the firearm safety and
110     suicide prevention video and submit proof in the form required by the bureau.
111          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
112     bureau shall make rules that establish procedures for:
113          (a) producing and distributing the firearm safety and suicide prevention video; and
114          (b) providing access to the video to an applicant seeking renewal of a firearm permit.
115          Section 3. Section 62A-15-103 is amended to read:
116          62A-15-103. Division -- Creation -- Responsibilities.
117          (1) (a) There is created the Division of Substance Abuse and Mental Health within the
118     department, under the administration and general supervision of the executive director.

119          (b) The division is the substance abuse authority and the mental health authority for
120     this state.
121          (2) The division shall:
122          (a) (i) educate the general public regarding the nature and consequences of substance
123     abuse by promoting school and community-based prevention programs;
124          (ii) render support and assistance to public schools through approved school-based
125     substance abuse education programs aimed at prevention of substance abuse;
126          (iii) promote or establish programs for the prevention of substance abuse within the
127     community setting through community-based prevention programs;
128          (iv) cooperate with and assist treatment centers, recovery residences, and other
129     organizations that provide services to individuals recovering from a substance abuse disorder,
130     by identifying and disseminating information about effective practices and programs;
131          (v) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
132     Rulemaking Act, to develop, in collaboration with public and private programs, minimum
133     standards for public and private providers of substance abuse and mental health programs
134     licensed by the department under Title 62A, Chapter 2, Licensure of Programs and Facilities;
135          (vi) promote integrated programs that address an individual's substance abuse, mental
136     health, physical health, and criminal risk factors;
137          (vii) establish and promote an evidence-based continuum of screening, assessment,
138     prevention, treatment, and recovery support services in the community for individuals with
139     substance use disorder and mental illness that addresses criminal risk factors;
140          (viii) evaluate the effectiveness of programs described in this Subsection (2);
141          (ix) consider the impact of the programs described in this Subsection (2) on:
142          (A) emergency department utilization;
143          (B) jail and prison populations;
144          (C) the homeless population; and
145          (D) the child welfare system; and
146          (x) promote or establish programs for education and certification of instructors to
147     educate persons convicted of driving under the influence of alcohol or drugs or driving with
148     any measurable controlled substance in the body;
149          (b) (i) collect and disseminate information pertaining to mental health;

150          (ii) provide direction over the state hospital including approval of its budget,
151     administrative policy, and coordination of services with local service plans;
152          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
153     Rulemaking Act, to educate families concerning mental illness and promote family
154     involvement, when appropriate, and with patient consent, in the treatment program of a family
155     member; and
156          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
157     Rulemaking Act, to direct that an individual receiving services through a local mental health
158     authority or the Utah State Hospital be informed about and, if desired by the individual,
159     provided assistance in the completion of a declaration for mental health treatment in
160     accordance with Section 62A-15-1002;
161          (c) (i) consult and coordinate with local substance abuse authorities and local mental
162     health authorities regarding programs and services;
163          (ii) provide consultation and other assistance to public and private agencies and groups
164     working on substance abuse and mental health issues;
165          (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
166     medical and social agencies, public health authorities, law enforcement agencies, education and
167     research organizations, and other related groups;
168          (iv) promote or conduct research on substance abuse and mental health issues, and
169     submit to the governor and the Legislature recommendations for changes in policy and
170     legislation;
171          (v) receive, distribute, and provide direction over public funds for substance abuse and
172     mental health services;
173          (vi) monitor and evaluate programs provided by local substance abuse authorities and
174     local mental health authorities;
175          (vii) examine expenditures of local, state, and federal funds;
176          (viii) monitor the expenditure of public funds by:
177          (A) local substance abuse authorities;
178          (B) local mental health authorities; and
179          (C) in counties where they exist, a private contract provider that has an annual or
180     otherwise ongoing contract to provide comprehensive substance abuse or mental health

181     programs or services for the local substance abuse authority or local mental health authority;
182          (ix) contract with local substance abuse authorities and local mental health authorities
183     to provide a comprehensive continuum of services that include community-based services for
184     individuals involved in the criminal justice system, in accordance with division policy, contract
185     provisions, and the local plan;
186          (x) contract with private and public entities for special statewide or nonclinical
187     services, or services for individuals involved in the criminal justice system, according to
188     division rules;
189          (xi) review and approve each local substance abuse authority's plan and each local
190     mental health authority's plan in order to ensure:
191          (A) a statewide comprehensive continuum of substance abuse services;
192          (B) a statewide comprehensive continuum of mental health services;
193          (C) services result in improved overall health and functioning;
194          (D) a statewide comprehensive continuum of community-based services designed to
195     reduce criminal risk factors for individuals who are determined to have substance abuse or
196     mental illness conditions or both, and who are involved in the criminal justice system;
197          (E) compliance, where appropriate, with the certification requirements in Subsection
198     (2)(j); and
199          (F) appropriate expenditure of public funds;
200          (xii) review and make recommendations regarding each local substance abuse
201     authority's contract with the local substance abuse authority's provider of substance abuse
202     programs and services and each local mental health authority's contract with the local mental
203     health authority's provider of mental health programs and services to ensure compliance with
204     state and federal law and policy;
205          (xiii) monitor and ensure compliance with division rules and contract requirements;
206     and
207          (xiv) withhold funds from local substance abuse authorities, local mental health
208     authorities, and public and private providers for contract noncompliance, failure to comply
209     with division directives regarding the use of public funds, or for misuse of public funds or
210     money;
211          (d) ensure that the requirements of this part are met and applied uniformly by local

212     substance abuse authorities and local mental health authorities across the state;
213          (e) require each local substance abuse authority and each local mental health authority,
214     in accordance with Subsections 17-43-201(5)(b) and 17-43-301[(5)](6)(a)(ii), to submit a plan
215     to the division on or before May 15 of each year;
216          (f) conduct an annual program audit and review of each local substance abuse authority
217     and each local substance abuse authority's contract provider, and each local mental health
218     authority and each local mental health authority's contract provider, including:
219          (i) a review and determination regarding whether:
220          (A) public funds allocated to the local substance abuse authority or the local mental
221     health authorities are consistent with services rendered by the authority or the authority's
222     contract provider, and with outcomes reported by the authority's contract provider; and
223          (B) each local substance abuse authority and each local mental health authority is
224     exercising sufficient oversight and control over public funds allocated for substance use
225     disorder and mental health programs and services; and
226          (ii) items determined by the division to be necessary and appropriate; and
227          (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
228     Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
229          (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
230     supports services to an individual with:
231          (A) a substance use disorder;
232          (B) a mental health disorder; or
233          (C) a substance use disorder and a mental health disorder;
234          (ii) certify a person to carry out, as needed, the division's duty to train and certify an
235     adult as a peer support specialist;
236          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
237     Rulemaking Act, that:
238          (A) establish training and certification requirements for a peer support specialist;
239          (B) specify the types of services a peer support specialist is qualified to provide;
240          (C) specify the type of supervision under which a peer support specialist is required to
241     operate; and
242          (D) specify continuing education and other requirements for maintaining or renewing

243     certification as a peer support specialist; and
244          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
245     Rulemaking Act, that:
246          (A) establish the requirements for a person to be certified to carry out, as needed, the
247     division's duty to train and certify an adult as a peer support specialist; and
248          (B) specify how the division shall provide oversight of a person certified to train and
249     certify a peer support specialist;
250          (i) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
251     Rulemaking Act, minimum standards and requirements for the provision of substance use
252     disorder and mental health treatment to an individual who is required to participate in treatment
253     by the court or the Board of Pardons and Parole, or who is incarcerated, including:
254          (i) collaboration with the Department of Corrections and the Utah Substance Use and
255     Mental Health Advisory Council to develop and coordinate the standards, including standards
256     for county and state programs serving individuals convicted of class A and class B
257     misdemeanors;
258          (ii) determining that the standards ensure available treatment, including the most
259     current practices and procedures demonstrated by recognized scientific research to reduce
260     recidivism, including focus on the individual's criminal risk factors; and
261          (iii) requiring that all public and private treatment programs meet the standards
262     established under this Subsection (2)(i) in order to receive public funds allocated to the
263     division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
264     for the costs of providing screening, assessment, prevention, treatment, and recovery support;
265          (j) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
266     Rulemaking Act, the requirements and procedures for the certification of licensed public and
267     private providers who provide, as part of their practice, substance use disorder and mental
268     health treatment to an individual involved in the criminal justice system, including:
269          (i) collaboration with the Department of Corrections, the Utah Substance Use and
270     Mental Health Advisory Council, and the Utah Association of Counties to develop, coordinate,
271     and implement the certification process;
272          (ii) basing the certification process on the standards developed under Subsection (2)(i)
273     for the treatment of an individual involved in the criminal justice system; and

274          (iii) the requirement that a public or private provider of treatment to an individual
275     involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
276     shall renew the certification every two years, in order to qualify for funds allocated to the
277     division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
278     on or after July 1, 2016;
279          (k) collaborate with the Commission on Criminal and Juvenile Justice to analyze and
280     provide recommendations to the Legislature regarding:
281          (i) pretrial services and the resources needed to reduce recidivism;
282          (ii) county jail and county behavioral health early-assessment resources needed for an
283     offender convicted of a class A or class B misdemeanor; and
284          (iii) the replacement of federal dollars associated with drug interdiction law
285     enforcement task forces that are reduced;
286          (l) (i) establish performance goals and outcome measurements for all treatment
287     programs for which minimum standards are established under Subsection (2)(i), including
288     recidivism data and data regarding cost savings associated with recidivism reduction and the
289     reduction in the number of inmates, that are obtained in collaboration with the Administrative
290     Office of the Courts and the Department of Corrections; and
291          (ii) collect data to track and determine whether the goals and measurements are being
292     attained and make this information available to the public;
293          (m) in the division's discretion, use the data to make decisions regarding the use of
294     funds allocated to the division, the Administrative Office of the Courts, and the Department of
295     Corrections to provide treatment for which standards are established under Subsection (2)(i);
296     and
297          (n) annually, on or before August 31, submit the data collected under Subsection (2)(k)
298     to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
299     based on the data and provide the report to the Judiciary Interim Committee, the Health and
300     Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
301     Committee, and the related appropriations subcommittees.
302          (3) In addition to the responsibilities described in Subsection (2), the division shall,
303     within funds appropriated by the Legislature for this purpose, implement and manage the
304     operation of a firearm safety and suicide prevention program, in consultation with the Bureau

305     of Criminal Identification created in Section 53-10-201, including:
306          (a) coordinating with the Department of Health, local mental health and substance
307     abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
308     Utah-based nonprofit organization with expertise in the field of firearm use and safety that
309     represents firearm owners, to:
310          (i) produce and periodically review and update a firearm safety brochure and other
311     educational materials with information about the safe handling and use of firearms that
312     includes:
313          (A) information on safe handling, storage, and use of firearms in a home environment;
314          (B) information about at-risk individuals and individuals who are legally prohibited
315     from possessing firearms;
316          (C) information about suicide prevention awareness; and
317          (D) information about the availability of firearm safety packets;
318          (ii) procure cable-style gun locks for distribution pursuant to this section;
319          (iii) produce a firearm safety packet that includes the firearm safety brochure and the
320     cable-style gun lock described in this Subsection (3); and
321          (iv) create a suicide prevention education course that:
322          (A) provides information for distribution regarding firearm safety education;
323          (B) incorporates current information on how to recognize suicidal behaviors and
324     identify individuals who may be suicidal; and
325          (C) provides information regarding crisis intervention resources;
326          (b) distributing, free of charge, the firearm safety packet to the following persons, who
327     shall make the firearm safety packet available free of charge:
328          (i) health care providers, including emergency rooms;
329          (ii) mobile crisis outreach teams;
330          (iii) mental health practitioners;
331          (iv) other public health suicide prevention organizations;
332          (v) entities that teach firearm safety courses;
333          (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
334     of students in the school district; and
335          (vii) firearm dealers to be distributed in accordance with Section 76-10-526;

336          (c) creating and administering a redeemable coupon program described in this
337     Subsection (3) and Section 76-10-526 that includes:
338          (i) producing a redeemable coupon that offers between $10 and $200 off the purchase
339     price of a firearm safe from a participating firearms dealer or a person engaged in the business
340     of selling firearm safes in Utah, by a Utah resident who has filed an application for a concealed
341     firearm permit; and
342          (ii) collecting the receipts described in Section 76-10-526 from the participating
343     dealers and persons and reimbursing the dealers and persons;
344          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
345     making rules that establish procedures for:
346          (i) producing and distributing the suicide prevention education course and the firearm
347     safety brochures and packets;
348          (ii) procuring the cable-style gun locks for distribution; and
349          (iii) administering the redeemable coupon program; and
350          (e) reporting to the Health and Human Services Interim Committee regarding
351     implementation and success of the firearm safety program and suicide prevention education
352     course at or before the November meeting each year.
353          [(3)] (4) (a) The division may refuse to contract with and may pursue legal remedies
354     against any local substance abuse authority or local mental health authority that fails, or has
355     failed, to expend public funds in accordance with state law, division policy, contract
356     provisions, or directives issued in accordance with state law.
357          (b) The division may withhold funds from a local substance abuse authority or local
358     mental health authority if the authority's contract provider of substance abuse or mental health
359     programs or services fails to comply with state and federal law or policy.
360          [(4)] (5) (a) Before reissuing or renewing a contract with any local substance abuse
361     authority or local mental health authority, the division shall review and determine whether the
362     local substance abuse authority or local mental health authority is complying with the oversight
363     and management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
364     17-43-309.
365          (b) Nothing in this Subsection [(4)] (5) may be used as a defense to the responsibility
366     and liability described in Section 17-43-303 and to the responsibility and liability described in

367     Section 17-43-203.
368          [(5)] (6) In carrying out the division's duties and responsibilities, the division may not
369     duplicate treatment or educational facilities that exist in other divisions or departments of the
370     state, but shall work in conjunction with those divisions and departments in rendering the
371     treatment or educational services that those divisions and departments are competent and able
372     to provide.
373          [(6)] (7) The division may accept in the name of and on behalf of the state donations,
374     gifts, devises, or bequests of real or personal property or services to be used as specified by the
375     donor.
376          [(7)] (8) The division shall annually review with each local substance abuse authority
377     and each local mental health authority the authority's statutory and contract responsibilities
378     regarding:
379          (a) use of public funds;
380          (b) oversight of public funds; and
381          (c) governance of substance use disorder and mental health programs and services.
382          [(8)] (9) The Legislature may refuse to appropriate funds to the division upon the
383     division's failure to comply with the provisions of this part.
384          [(9)] (10) If a local substance abuse authority contacts the division under Subsection
385     17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
386     minor, the division shall:
387          (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
388     capacity to provide the treatment services; or
389          (b) otherwise ensure that treatment services are made available to the pregnant woman
390     or pregnant minor.
391          Section 4. Section 62A-15-103.1 is enacted to read:
392          62A-15-103.1. Suicide Prevention Education Program -- Definitions -- Grant
393     requirements.
394          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
395     created in Section 53-10-201 within the Department of Public Safety.
396          (2) There is created a Suicide Prevention Education Program to fund suicide
397     prevention education opportunities for federally licensed firearms dealers who operate a retail

398     establishment open to the public and the dealers' employees.
399          (3) The division, in conjunction with the bureau, shall provide a grant to an employer
400     described in Subsection (2) in accordance with the criteria provided in Subsection
401     62A-15-1101(7)(b).
402          (4) An employer may apply for a grant of up to $2,500 under the program.
403          Section 5. Section 62A-15-1101 is amended to read:
404          62A-15-1101. Suicide prevention -- Reporting requirements.
405          (1) The division shall appoint a state suicide prevention coordinator to administer a
406     state suicide prevention program composed of suicide prevention, intervention, and postvention
407     programs, services, and efforts.
408          (2) The coordinator shall:
409          (a) establish a Statewide Suicide Prevention Coalition with membership from public
410     and private organizations and Utah citizens; and
411          (b) appoint a chair and co-chair from among the membership of the coalition to lead
412     the coalition.
413          (3) The state suicide prevention program may include the following components:
414          (a) delivery of resources, tools, and training to community-based coalitions;
415          (b) evidence-based suicide risk assessment tools and training;
416          (c) town hall meetings for building community-based suicide prevention strategies;
417          (d) suicide prevention gatekeeper training;
418          (e) training to identify warning signs and to manage an at-risk individual's crisis;
419          (f) evidence-based intervention training;
420          (g) intervention skills training; and
421          (h) postvention training.
422          (4) The coordinator shall coordinate with the following to gather statistics, among
423     other duties:
424          (a) local mental health and substance abuse authorities;
425          (b) the State Board of Education, including the public education suicide prevention
426     coordinator described in Section 53G-9-702;
427          (c) the Department of Health;
428          (d) health care providers, including emergency rooms;

429          (e) federal agencies, including the Federal Bureau of Investigation;
430          (f) other unbiased sources; and
431          (g) other public health suicide prevention efforts.
432          (5) The coordinator shall provide a written report to the Health and Human Services
433     Interim Committee, at or before the October meeting every year, on:
434          (a) implementation of the state suicide prevention program, as described in Subsections
435     (1) and (3);
436          (b) data measuring the effectiveness of each component of the state suicide prevention
437     program;
438          (c) funds appropriated for each component of the state suicide prevention program; and
439          (d) five-year trends of suicides in Utah, including subgroups of youths and adults and
440     other subgroups identified by the state suicide prevention coordinator.
441          (6) The coordinator shall, in consultation with the bureau, implement and manage the
442     operation of the firearm safety program described in Subsection 62A-15-103(3).
443          [(6)] (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
444     Act, the division shall make rules:
445          (a) governing the implementation of the state suicide prevention program, consistent
446     with this section; and
447          (b) in conjunction with the bureau, defining the criteria for employers to apply for
448     grants under the Suicide Prevention Education Program described in Section [53-10-202.3]
449     62A-15-103.2, which shall include:
450          (i) attendance at [a] the suicide prevention education course described in Subsection
451     62A-15-103(3); and
452          (ii) [display of posters and] distribution of the firearm safety brochures or packets
453     created in Subsection [53-10-202(18)(a)(iii)] 62A-15-103(3), but does not require the
454     distribution of a cable-style gun lock with a firearm if the firearm already has a trigger lock or
455     comparable safety mechanism.
456          [(7)] (8) As funding by the Legislature allows, the coordinator shall award grants, not
457     to exceed a total of $100,000 per fiscal year, to suicide prevention programs that focus on the
458     needs of children who have been served by the Division of Juvenile Justice Services.
459          [(8)] (9) The coordinator and the coalition shall submit to the advisory council, no later

460     than October 1 each year, a written report detailing the previous fiscal year's activities to fund,
461     implement, and evaluate suicide prevention activities described in this section.
462          Section 6. Section 63I-1-262 is amended to read:
463          63I-1-262. Repeal dates, Title 62A.
464          (1) Subsections 62A-1-120(8)(g), (h), and (i) are repealed July 1, 2023.
465          (2) Section 62A-3-209 is repealed July 1, 2023.
466          (3) Section 62A-4a-202.9 is repealed December 31, 2019.
467          (4) Section 62A-4a-213 is repealed July 1, 2019.
468          (5) Section 62A-15-114 is repealed December 31, 2021.
469          [(6) Subsection 62A-15-1101(7) is repealed July 1, 2018.]
470          Section 7. Section 63I-1-276 is amended to read:
471          63I-1-276. Repeal dates, Title 76.
472          [Subsection 76-10-526(15) is repealed July 1, 2018.]
473          Section 8. Section 63I-2-262 is amended to read:
474          63I-2-262. Repeal dates -- Title 62A.
475          [(1) Section 62A-1-111.5 is repealed July 1, 2018.]
476          [(2)] Subsection 62A-5-103.1(6) is repealed January 1, 2023.
477          [(3) Subsection 62A-15-1101(6) is repealed January 1, 2019.]
478          [(4) Section 62A-15-1102 is repealed January 1, 2019.]
479          Section 9. Section 76-10-526 is amended to read:
480          76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
481     Exemption for concealed firearm permit holders and law enforcement officers.
482          (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
483     include a temporary permit issued under Section 53-5-705.
484          (2) (a) To establish personal identification and residence in this state for purposes of
485     this part, a dealer shall require an individual receiving a firearm to present one photo
486     identification on a form issued by a governmental agency of the state.
487          (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
488     proof of identification for the purpose of establishing personal identification and residence in
489     this state as required under this Subsection (2).
490          (3) (a) A criminal history background check is required for the sale of a firearm by a

491     licensed firearm dealer in the state.
492          (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
493     Licensee.
494          (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
495     criminal background check, on a form provided by the bureau.
496          (b) The form shall contain the following information:
497          (i) the dealer identification number;
498          (ii) the name and address of the individual receiving the firearm;
499          (iii) the date of birth, height, weight, eye color, and hair color of the individual
500     receiving the firearm; and
501          (iv) the social security number or any other identification number of the individual
502     receiving the firearm.
503          (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
504     immediately upon its receipt by the dealer.
505          (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
506     provided the bureau with the information in Subsection (4) and has received approval from the
507     bureau under Subsection (7).
508          (6) The dealer shall make a request for criminal history background information by
509     telephone or other electronic means to the bureau and shall receive approval or denial of the
510     inquiry by telephone or other electronic means.
511          (7) When the dealer calls for or requests a criminal history background check, the
512     bureau shall:
513          (a) review the criminal history files, including juvenile court records, to determine if
514     the individual is prohibited from purchasing, possessing, or transferring a firearm by state or
515     federal law;
516          (b) inform the dealer that:
517          (i) the records indicate the individual is prohibited; or
518          (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
519          (c) provide the dealer with a unique transaction number for that inquiry; and
520          (d) provide a response to the requesting dealer during the call for a criminal
521     background check, or by return call, or other electronic means, without delay, except in case of

522     electronic failure or other circumstances beyond the control of the bureau, the bureau shall
523     advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
524     delay.
525          (8) (a) The bureau may not maintain any records of the criminal history background
526     check longer than 20 days from the date of the dealer's request, if the bureau determines that
527     the individual receiving the firearm is not prohibited from purchasing, possessing, or
528     transferring the firearm under state or federal law.
529          (b) However, the bureau shall maintain a log of requests containing the dealer's federal
530     firearms number, the transaction number, and the transaction date for a period of 12 months.
531          (9) If the criminal history background check discloses information indicating that the
532     individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
533     transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
534     where the individual resides.
535          (10) If an individual is denied the right to purchase a firearm under this section, the
536     individual may review the individual's criminal history information and may challenge or
537     amend the information as provided in Section 53-10-108.
538          (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
539     Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
540     records provided by the bureau under this part are in conformance with the requirements of the
541     Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
542          (12) (a) A dealer shall collect a criminal history background check fee for the sale of a
543     firearm under this section. [This]
544          (b) The fee described under Subsection (12)(a) remains in effect until changed by the
545     bureau through the process [in accordance with] described in Section 63J-1-504.
546          [(b)] (c) (i) The dealer shall forward at one time all fees collected for criminal history
547     background checks performed during the month to the bureau by the last day of the month
548     following the sale of a firearm.
549          (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
550     the cost of administering and conducting the criminal history background check program.
551          (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
552     Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee

553     required in this section for the purchase of a firearm if:
554          (a) the individual presents the individual's concealed firearm permit to the dealer prior
555     to purchase of the firearm; and
556          (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
557     valid.
558          (14) (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from
559     the background check fee required in this section for the purchase of a personal firearm to be
560     carried while off-duty if the law enforcement officer verifies current employment by providing
561     a letter of good standing from the officer's commanding officer and current law enforcement
562     photo identification.
563          (b) [This section] Subsection (14)(a) may only be used by a law enforcement officer to
564     purchase a personal firearm once in a 24-month period.
565          (15) (a) A dealer or a person engaged in the business of selling firearm safes in Utah
566     may participate in the redeemable coupon program described in this Subsection (15) and
567     Subsection 62A-15-103(3).
568          (b) A participating dealer or person shall:
569          (i) apply the coupon only toward the purchase of a gun safe;
570          (ii) collect the receipts from the purchase of a firearm safe using the redeemable
571     coupons and send the receipts to the Division of Substance Abuse and Mental Health for
572     redemption; and
573          (iii) make the firearm safety brochure described in Subsection 62A-15-103(3) available
574     to a customer free of charge.
575          (16) A dealer engaged in the business of selling, leasing, or otherwise transferring any
576     firearm shall:
577          (a) make the firearm safety brochure described in Subsection 62A-15-103(3) available
578     to a customer free of charge; and
579          (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
580     under Subsection 62A-15-103(3) to a customer purchasing a shotgun, short barreled shotgun,
581     short barreled rifle, rifle, or another firearm that federal law does not require be accompanied
582     by a gun lock at the time of purchase.
583          Section 10. Repealer.

584          This bill repeals:
585          Section 53-10-202.3, Suicide Prevention Education Program -- Definitions -- Grant
586     requirements.
587          Section 11. Appropriation.
588          The following sums of money are appropriated for the fiscal year beginning July 1,
589     2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
590     fiscal year 2020.
591          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
592     Legislature appropriates the following sums of money from the funds or accounts indicated for
593     the use and support of the government of the state of Utah.
594     ITEM 1
595          To Department of Human Services - Division of Substance Abuse and
596          Mental Health
597               From General Fund Restricted - Concealed Weapons Account
$25,000

598               From General Fund Restricted - Concealed Weapons Account,
599               One-time
$500,000

600               Schedule of Programs:
601                    Community Mental Health Services               $525,000
602          Section 12. Coordinating H.B. 17 with H.B. 249 -- Technical amendments.
603          If this H.B. 17 and H.B. 249, Revisor's Technical Corrections to Utah Code, both pass
604     and become law, it is the intent of the Legislature that the amendments to Section 62A-15-1101
605     in this bill supersede the amendments to Section 62A-15-1101 in H.B. 249 when the Office of
606     Legislative Research and General Counsel prepares the Utah Code database for publication.