Representative Rex P. Shipp proposes the following substitute bill:


1     
FIREARM SAFETY IN SCHOOLS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rex P. Shipp

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill creates a pilot program to provide a firearm safety course in public schools.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates a three-year pilot program to provide a one semester course in the safe
13     handling of firearms for grades 9 through 12;
14          ▸     requires a local education agency (LEA) to:
15               •     contract with a provider to supply materials and curriculum for the pilot
16     program; or
17               •     develop curriculum for the pilot program;
18          ▸     requires the State Board of Education to:
19               •     select LEAs to participate in the pilot program;
20               •     award grants to participating LEAs for curriculum and supplies for the pilot
21     program; and
22               •     make rules, including rules establishing qualifications for instructors; and
23          ▸     defines terms.
24     Money Appropriated in this Bill:
25          None

26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     ENACTS:
30          53F-5-218, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53F-5-218 is enacted to read:
34          53F-5-218. Outdoor recreation firearm safety curriculum pilot program.
35          (1) As used in this section:
36          (a) "Firearm" means the same as that term is defined in Section 76-10-501.
37          (b) "Non-firing replica firearm" means a facsimile of a firearm that does not, and
38     cannot be modified to, expel a projectile by action of an explosive.
39          (c) "On or about school premises" means the same as that term is defined in Section
40     76-10-505.5.
41          (d) "Outdoor recreation core standards" means the supplemental physical education
42     core standards for outdoor recreation that the state board adopts.
43          (e) "Participating LEA" means an LEA that the state board selects to participate in the
44     pilot program.
45          (f) "Participating student" means a student in grade 9, 10, 11, or 12 at a participating
46     LEA who is enrolled in a course offered in the pilot program.
47          (g) "Pilot program" means the pilot program created in Subsection (2).
48          (h) "Qualified instructor" means an individual who:
49          (i) meets the qualifications for instructing participating students that the state board
50     adopts under Subsection (10); and
51          (ii) instructs participating students in the pilot program.
52          (i) "Shooting range" means the same as that term is defined in Section 47-3-102.
53          (2) There is created a three-year pilot program to provide a one semester, 0.5 credit
54     physical education course in the safe handling of firearms to a participating student in grade 9,
55     10, 11, or 12.
56          (3) Before the beginning of the 2021-2022 school year, a participating LEA shall:

57          (a) (i) select a provider to supply materials and curriculum for the pilot program; and
58          (ii) contract with the provider to supply materials and curriculum for the pilot program;
59     or
60          (b) develop curriculum for the pilot program.
61          (4) The curriculum described in Subsection (3):
62          (a) shall:
63          (i) meet the outdoor recreation core standards;
64          (ii) meet the criteria and standards for approving a hunter education course that the
65     Division of Wildlife Resources establishes under Section 23-19-11;
66          (iii) comply with Section 76-10-505.5, governing possession of a firearm on or about
67     school premises; and
68          (iv) provide instruction in:
69          (A) the rules of firearm safety;
70          (B) the basic operation of firearms, including handguns, shotguns, and rifles;
71          (C) marksmanship and accuracy;
72          (D) state laws governing firearms; and
73          (E) suicide prevention;
74          (b) may include the use of a non-firing replica firearm on or about school premises; and
75          (c) may not include the use of a firearm on or about school premises.
76          (5) (a) A participating student may not discharge a firearm unless the participating
77     student is accompanied by a qualified instructor at a shooting range.
78          (b) A qualified instructor may not discharge a firearm as part of the qualified
79     instructor's duties under this section, unless the qualified instructor discharges a firearm at a
80     shooting range.
81          (6) A participating LEA shall obtain prior written consent from the parent or guardian
82     of a participating student before the participating student may participate in the pilot program.
83          (7) If the Division of Wildlife Resources approves a participating LEA's curriculum
84     described in Subsection (3) as a division-approved hunter education course under Section
85     23-19-12, the participating LEA shall issue a certificate of completion under rules the Division
86     of Wildlife Resources establishes under Section 23-19-12.
87          (8) (a) An LEA may apply to the state board to participate in the pilot program.

88          (b) The state board shall select up to three LEAs to participate in the pilot program.
89          (9) Subject to legislative appropriations, the state board shall award grants to
90     participating LEAs to:
91          (a) contract with a provider to supply materials and curriculum for the pilot program;
92     or
93          (b) develop curriculum and purchase materials for the pilot program.
94          (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
95     the state board shall make rules to implement the pilot program, including rules that:
96          (a) establish qualifications for instructors that deliver the curriculum described in
97     Subsection (3);
98          (b) establish application procedures;
99          (c) establish a formula to determine a participating LEA's grant amount under this
100     section; and
101          (d) permit a participating student to earn 0.5 elective credits for completing a course
102     offered by a participating LEA under this section.