1     
CONCEALED WEAPONS PERMIT FEE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

5     
Senate Sponsor: John D. Johnson

6     

7     LONG TITLE
8     General Description:
9          This bill amends who is eligible for a waiver to a concealed weapons permit fee.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms; and
13          ▸     waives the fee for a school employee to obtain a concealed weapons permit in
14     certain circumstances.
15     Money Appropriated in this Bill:
16          This bill appropriates for fiscal year 2024:
17          ▸     To the Department of Public Safety - Bureau of Criminal Identification, as an
18     ongoing appropriation:
19               •     from the Education Fund, $23,700.
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53-5-702, as last amended by Laws of Utah 2013, Chapter 280
25          53-5-707, as last amended by Laws of Utah 2021, Chapters 12, 277
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 53-5-702 is amended to read:
29          53-5-702. Definitions.
30          In addition to the definitions in Section 76-10-501, as used in this part:
31          (1) "Active duty service member" means a person on active military duty with the
32     United States military and includes full time military active duty, military reserve active duty,
33     and national guard military active duty service members stationed in Utah.
34          (2) "Active duty service member spouse" means a person recognized by the military as
35     the spouse of an active duty service member and who resides with the active duty service
36     member in Utah.
37          (3) "Board" means the Concealed Firearm Review Board created in Section 53-5-703.
38          (4) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
39     within the Department of Public Safety.
40          (5) "Commissioner" means the commissioner of the Department of Public Safety.
41          (6) "Conviction" means criminal conduct where the filing of a criminal charge has
42     resulted in:
43          (a) a finding of guilt based on evidence presented to a judge or jury;
44          (b) a guilty plea;
45          (c) a plea of nolo contendere;
46          (d) a plea of guilty or nolo contendere which is held in abeyance pending the successful
47     completion of probation;
48          (e) a pending diversion agreement; or
49          (f) a conviction which has been reduced pursuant to Section 76-3-402.
50          (7) "School employee" means an employee of a public school district, charter school,
51     or private school whose duties, responsibilities, or assignments require the employee to be
52     physically present on a school's campus at least half of the days on which school is held during
53     a school year.
54          (8) "School year" means the period of time designated by a local school board, charter
55     school governing board, or private school as the school year for high school, middle school, or
56     elementary school students.
57          Section 2. Section 53-5-707 is amended to read:
58          53-5-707. Concealed firearm permit -- Fees -- Concealed Weapons Account.

59          (1) (a) An applicant for a concealed firearm permit shall pay a fee of $25 at the time of
60     filing an application.
61          (b) A nonresident applicant shall pay an additional $10 for the additional cost of
62     processing a nonresident application.
63          (c) The bureau shall waive the initial fee for an applicant who is:
64          (i) [is] a law enforcement officer under Section 53-13-103[.];
65          [(d)] (ii) [Concealed firearm permit renewal fees for] an active duty service [members
66     and] member;
67          (iii) the spouse of an active duty service member [shall be waived]; or
68          (iv) a school employee.
69          (2) The renewal fee for the permit is $20. A nonresident shall pay an additional $5 for
70     the additional cost of processing a nonresidential renewal.
71          (3) The replacement fee for the permit is $10.
72          (4) (a) The late fee for the renewal permit is $7.50.
73          (b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
74     submitted on a permit that has been expired for more than 30 days but less than one year.
75          (5) (a) There is created a restricted account within the General Fund known as the
76     "Concealed Weapons Account."
77          (b) The account shall be funded from fees collected under this section and Section
78     53-5-707.5.
79          (c) Funds in the account may only be used to cover costs relating to:
80          (i) the issuance of concealed firearm permits under this part; or
81          (ii) the programs described in Subsection 62A-15-103(3) and Section 62A-15-1101.
82          (d) No later than 90 days after the end of the fiscal year 50% of the fund balance shall
83     be transferred to the Suicide Prevention and Education Fund, created in Section 62A-15-1104.
84          (6) (a) The bureau may collect any fees charged by an outside agency for additional
85     services required by statute as a prerequisite for issuance of a permit.
86          (b) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
87     appropriate agency.
88          (7) The bureau shall make an annual report in writing to the Legislature's Law
89     Enforcement and Criminal Justice Interim Committee on the amount and use of the fees

90     collected under this section and Section 53-5-707.5.
91          Section 3. Appropriation.
92          The following sums of money are appropriated for the fiscal year beginning July 1,
93     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
94     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
95     Act, the Legislature appropriates the following sums of money from the funds or accounts
96     indicated for the use and support of the government of the state of Utah.
97     ITEM 1
98          To Department of Public Safety - Bureau of Criminal Identification
99               From Education Fund
$23,700

100               Schedule of Programs:
101                    Non-Government/Other Services                    $23,700