Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 17 Second Substitute (2019GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/28/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the Division of Substance Abuse and Mental Health, in consultation with the Bureau of Criminal Identification, to implement and manage a firearm safety program and a suicide prevention education course by:
• producing a firearm safety brochure and firearm safety packet;
• procuring cable-style gun locks;
• distributing firearm safety packets;
• administering a program in which a Utah resident who has filed an application for a concealed firearm permit receives a redeemable coupon toward the purchase of a firearm safe and receives a firearm safety brochure; and
• creating a suicide prevention education course;
• modifies the administration of a grant program to provide suicide prevention education opportunities for firearm dealers;
• requires a federal firearm dealer to provide a cable-style gun lock supplied by the Division of Substance Abuse and Mental Health to an individual purchasing a certain firearm;
• requires the Bureau of Criminal Identification, in conjunction with the Division of Substance Abuse and Mental Health, to:
• create a firearm safety and suicide prevention web-accessible video; and
• require an applicant seeking renewal of a concealed firearm permit to view the video before renewal; and
• makes technical changes.

Every vote on this bill

Bill text

FIREARM VIOLENCE AND SUICIDE PREVENTION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill reenacts and modifies previously sunsetted provisions relating to a voluntary
firearm safety program and a suicide prevention education course.
Highlighted Provisions:
This bill:
▸ requires the Division of Substance Abuse and Mental Health, in consultation with
the Bureau of Criminal Identification, to implement and manage a firearm safety
program and a suicide prevention education course by:
• producing a firearm safety brochure and firearm safety packet;
• procuring cable-style gun locks;
• distributing firearm safety packets;
• administering a program in which a Utah resident who has filed an application
for a concealed firearm permit receives a redeemable coupon toward the
purchase of a firearm safe and receives a firearm safety brochure; and
• creating a suicide prevention education course;
▸ modifies the administration of a grant program to provide suicide prevention
education opportunities for firearm dealers;
▸ requires a federal firearm dealer to provide a cable-style gun lock supplied by the
Division of Substance Abuse and Mental Health to an individual purchasing a
certain firearm;
▸ requires the Bureau of Criminal Identification, in conjunction with the Division of
Substance Abuse and Mental Health, to:
• create a firearm safety and suicide prevention web-accessible video; and
• require an applicant seeking renewal of a concealed firearm permit to view the
video before renewal; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2020:
▸ to Department of Human Services - Division of Substance Abuse and Mental
Health, as an ongoing appropriation:
• from General Fund, $10,000.
▸ to Department of Human Services - Division of Substance Abuse and Mental
Health, as a one-time appropriation:
• from General Fund Restricted, One-time - Concealed Weapons Account,
$500,000.
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
53-5-707
, as last amended by Laws of Utah 2018, Chapter 417
62A-15-103
, as last amended by Laws of Utah 2018, Chapter 322
62A-15-1101
, as last amended by Laws of Utah 2018, Chapters 38, 414, and 415
63I-1-262
, as last amended by Laws of Utah 2018, Chapters 74, 220, 281, and 347
63I-1-276
, as enacted by Laws of Utah 2014, Chapter 226
63I-2-262
, as last amended by Laws of Utah 2018, Chapter 38
76-10-526
, as last amended by Laws of Utah 2018, Chapter 417
ENACTS:
53-5-707.6
, Utah Code Annotated 1953
62A-15-103.1
, Utah Code Annotated 1953
REPEALS:
53-10-202.3
, as enacted by Laws of Utah 2017, Chapter 296
Utah Code Sections Affected by Coordination Clause:
62A-15-1101, as
 last amended by Laws of Utah 2018, Chapters 38, 414, and 415
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-5-707
 is amended to read:
53-5-707.
Concealed firearm permit -- Fees -- Concealed Weapons Account.
(1) (a) An applicant for a concealed firearm permit shall pay a fee of $25 at the time of
filing an application.
(b) A nonresident applicant shall pay an additional $10 for the additional cost of
processing a nonresident application.
(c) The bureau shall waive the initial fee for an applicant who is a law enforcement
officer under Section 
53-13-103
.
(d) Concealed firearm permit renewal fees for active duty service members and the
spouse of an active duty service member shall be waived.
(2) The renewal fee for the permit is $20. A nonresident shall pay an additional $5 for
the additional cost of processing a nonresidential renewal.
(3) The replacement fee for the permit is $10.
(4) (a) The late fee for the renewal permit is $7.50.
(b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
submitted on a permit that has been expired for more than 30 days but less than one year.
(5) (a) There is created a restricted account within the General Fund known as the
"Concealed Weapons Account."
(b) The account shall be funded from fees collected under this section and Section
53-5-707.5
.
(c) Funds in the account [
shall
] 
may only
 be used to cover costs relating to
:
(i)
 the issuance of concealed firearm permits under this part [
and may not be used for
any other purpose.
]
; or
(ii) the programs described in Subsections 
62A-15-103
(3) and 
76-10-526
(15) and
Section 
62A-15-1101
.
(6) (a) The bureau may collect any fees charged by an outside agency for additional
services required by statute as a prerequisite for issuance of a permit.
(b) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
appropriate agency.
(7) The bureau shall make an annual report in writing to the Legislature's Law
Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
collected under this section and Section 
53-5-707.5
.
Section 2. Section 
53-5-707.6
 is enacted to read:
 53-5-707.6.
Concealed firearm permit renewal -- Firearm safety and suicide
prevention video.
(1) The bureau, in conjunction with the Division of Substance Abuse and Mental
Health created in Section 
62A-15-103
, shall create a firearm safety and suicide prevention
video that:
(a) is web-accessible;
(b) is no longer than 10 minutes in length; and
(c) includes information about:
(i) safe handling, storage, and use of firearms in a home environment;
(ii) at-risk individuals and individuals who are legally prohibited from possessing
firearms; and
(iii) suicide prevention awareness.
(2) Before renewing a firearm permit, an individual shall view the firearm safety and
suicide prevention video and submit proof in the form required by the bureau.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
bureau shall make rules that establish procedures for:
(a) producing and distributing the firearm safety and suicide prevention video; and
(b) providing access to the video to an applicant seeking renewal of a firearm permit.
Section 3. Section 
62A-15-103
 is amended to read:
62A-15-103.
Division -- Creation -- Responsibilities.
(1) 
(a)
 There is created the Division of Substance Abuse and Mental Health within the
department, under the administration and general supervision of the executive director.
(b)
 The division is the substance abuse authority and the mental health authority for
this state.
(2) The division shall:
(a) (i) educate the general public regarding the nature and consequences of substance
abuse by promoting school and community-based prevention programs;
(ii) render support and assistance to public schools through approved school-based
substance abuse education programs aimed at prevention of substance abuse;
(iii) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(iv) cooperate with and assist treatment centers, recovery residences, and other
organizations that provide services to individuals recovering from a substance abuse disorder,
by identifying and disseminating information about effective practices and programs;
(v) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to develop, in collaboration with public and private programs, minimum
standards for public and private providers of substance abuse and mental health programs
licensed by the department under Title 62A, Chapter 2, Licensure of Programs and Facilities;
(vi) promote integrated programs that address an individual's substance abuse, mental
health, physical health, and criminal risk factors;
(vii) establish and promote an evidence-based continuum of screening, assessment,
prevention, treatment, and recovery support services in the community for individuals with
substance use disorder and mental illness that addresses criminal risk factors;
(viii) evaluate the effectiveness of programs described in this Subsection (2);
(ix) consider the impact of the programs described in this Subsection (2) on:
(A) emergency department utilization;
(B) jail and prison populations;
(C) the homeless population; and
(D) the child welfare system; and
(x) promote or establish programs for education and certification of instructors to
educate persons convicted of driving under the influence of alcohol or drugs or driving with
any measurable controlled substance in the body;
(b) (i) collect and disseminate information pertaining to mental health;
(ii) provide direction over the state hospital including approval of its budget,
administrative policy, and coordination of services with local service plans;
(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to educate families concerning mental illness and promote family
involvement, when appropriate, and with patient consent, in the treatment program of a family
member; and
(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to direct that an individual receiving services through a local mental health
authority or the Utah State Hospital be informed about and, if desired by the individual,
provided assistance in the completion of a declaration for mental health treatment in
accordance with Section 
62A-15-1002
;
(c) (i) consult and coordinate with local substance abuse authorities and local mental
health authorities regarding programs and services;
(ii) provide consultation and other assistance to public and private agencies and groups
working on substance abuse and mental health issues;
(iii) promote and establish cooperative relationships with courts, hospitals, clinics,
medical and social agencies, public health authorities, law enforcement agencies, education and
research organizations, and other related groups;
(iv) promote or conduct research on substance abuse and mental health issues, and
submit to the governor and the Legislature recommendations for changes in policy and
legislation;
(v) receive, distribute, and provide direction over public funds for substance abuse and
mental health services;
(vi) monitor and evaluate programs provided by local substance abuse authorities and
local mental health authorities;
(vii) examine expenditures of local, state, and federal funds;
(viii) monitor the expenditure of public funds by:
(A) local substance abuse authorities;
(B) local mental health authorities; and
(C) in counties where they exist, a private contract provider that has an annual or
otherwise ongoing contract to provide comprehensive substance abuse or mental health
programs or services for the local substance abuse authority or local mental health authority;
(ix) contract with local substance abuse authorities and local mental health authorities
to provide a comprehensive continuum of services that include community-based services for
individuals involved in the criminal justice system, in accordance with division policy, contract
provisions, and the local plan;
(x) contract with private and public entities for special statewide or nonclinical
services, or services for individuals involved in the criminal justice system, according to
division rules;
(xi) review and approve each local substance abuse authority's plan and each local
mental health authority's plan in order to ensure:
(A) a statewide comprehensive continuum of substance abuse services;
(B) a statewide comprehensive continuum of mental health services;
(C) services result in improved overall health and functioning;
(D) a statewide comprehensive continuum of community-based services designed to
reduce criminal risk factors for individuals who are determined to have substance abuse or
mental illness conditions or both, and who are involved in the criminal justice system;
(E) compliance, where appropriate, with the certification requirements in Subsection
(2)(j); and
(F) appropriate expenditure of public funds;
(xii) review and make recommendations regarding each local substance abuse
authority's contract with the local substance abuse authority's provider of substance abuse
programs and services and each local mental health authority's contract with the local mental
health authority's provider of mental health programs and services to ensure compliance with
state and federal law and policy;
(xiii) monitor and ensure compliance with division rules and contract requirements;
and
(xiv) withhold funds from local substance abuse authorities, local mental health
authorities, and public and private providers for contract noncompliance, failure to comply
with division directives regarding the use of public funds, or for misuse of public funds or
money;
(d) ensure that the requirements of this part are met and applied uniformly by local
substance abuse authorities and local mental health authorities across the state;
(e) require each local substance abuse authority and each local mental health authority,
in accordance with Subsections 
17-43-201
(5)(b) and 
17-43-301
[
(5)
]
(6)
(a)(ii), to submit a plan
to the division on or before May 15 of each year;
(f) conduct an annual program audit and review of each local substance abuse authority
and each local substance abuse authority's contract provider, and each local mental health
authority and each local mental health authority's contract provider, including:
(i) a review and determination regarding whether:
(A) public funds allocated to the local substance abuse authority or the local mental
health authorities are consistent with services rendered by the authority or the authority's
contract provider, and with outcomes reported by the authority's contract provider; and
(B) each local substance abuse authority and each local mental health authority is
exercising sufficient oversight and control over public funds allocated for substance use
disorder and mental health programs and services; and
(ii) items determined by the division to be necessary and appropriate; and
(g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
(h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
supports services to an individual with:
(A) a substance use disorder;
(B) a mental health disorder; or
(C) a substance use disorder and a mental health disorder;
(ii) certify a person to carry out, as needed, the division's duty to train and certify an
adult as a peer support specialist;
(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that:
(A) establish training and certification requirements for a peer support specialist;
(B) specify the types of services a peer support specialist is qualified to provide;
(C) specify the type of supervision under which a peer support specialist is required to
operate; and
(D) specify continuing education and other requirements for maintaining or renewing
certification as a peer support specialist; and
(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that:
(A) establish the requirements for a person to be certified to carry out, as needed, the
division's duty to train and certify an adult as a peer support specialist; and
(B) specify how the division shall provide oversight of a person certified to train and
certify a peer support specialist;
(i) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, minimum standards and requirements for the provision of substance use
disorder and mental health treatment to an individual who is required to participate in treatment
by the court or the Board of Pardons and Parole, or who is incarcerated, including:
(i) collaboration with the Department of Corrections and the Utah Substance Use and
Mental Health Advisory Council to develop and coordinate the standards, including standards
for county and state programs serving individuals convicted of class A and class B
misdemeanors;
(ii) determining that the standards ensure available treatment, including the most
current practices and procedures demonstrated by recognized scientific research to reduce
recidivism, including focus on the individual's criminal risk factors; and
(iii) requiring that all public and private treatment programs meet the standards
established under this Subsection (2)(i) in order to receive public funds allocated to the
division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
for the costs of providing screening, assessment, prevention, treatment, and recovery support;
(j) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the requirements and procedures for the certification of licensed public and
private providers who provide, as part of their practice, substance use disorder and mental
health treatment to an individual involved in the criminal justice system, including:
(i) collaboration with the Department of Corrections, the Utah Substance Use and
Mental Health Advisory Council, and the Utah Association of Counties to develop, coordinate,
and implement the certification process;
(ii) basing the certification process on the standards developed under Subsection (2)(i)
for the treatment of an individual involved in the criminal justice system; and
(iii) the requirement that a public or private provider of treatment to an individual
involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
shall renew the certification every two years, in order to qualify for funds allocated to the
division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
on or after July 1, 2016;
(k) collaborate with the Commission on Criminal and Juvenile Justice to analyze and
provide recommendations to the Legislature regarding:
(i) pretrial services and the resources needed to reduce recidivism;
(ii) county jail and county behavioral health early-assessment resources needed for an
offender convicted of a class A or class B misdemeanor; and
(iii) the replacement of federal dollars associated with drug interdiction law
enforcement task forces that are reduced;
(l) (i) establish performance goals and outcome measurements for all treatment
programs for which minimum standards are established under Subsection (2)(i), including
recidivism data and data regarding cost savings associated with recidivism reduction and the
reduction in the number of inmates, that are obtained in collaboration with the Administrative
Office of the Courts and the Department of Corrections; and
(ii) collect data to track and determine whether the goals and measurements are being
attained and make this information available to the public;
(m) in the division's discretion, use the data to make decisions regarding the use of
funds allocated to the division, the Administrative Office of the Courts, and the Department of
Corrections to provide treatment for which standards are established under Subsection (2)(i);
and
(n) annually, on or before August 31, submit the data collected under Subsection (2)(k)
to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
based on the data and provide the report to the Judiciary Interim Committee, the Health and
Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
Committee, and the related appropriations subcommittees.
(3) In addition to the responsibilities described in Subsection (2), the division shall,
within funds appropriated by the Legislature for this purpose, implement and manage the
operation of a firearm safety and suicide prevention program, in consultation with the Bureau
of Criminal Identification created in Section 
53-10-201
, including:
(a) coordinating with the Department of Health, local mental health and substance
abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
Utah-based nonprofit organization with expertise in the field of firearm use and safety that
represents firearm owners, to:
(i) produce and periodically review and update a firearm safety brochure and other
educational materials with information about the safe handling and use of firearms that
includes:
(A) information on safe handling, storage, and use of firearms in a home environment;
(B) information about at-risk individuals and individuals who are legally prohibited
from possessing firearms;
(C) information about suicide prevention awareness; and
(D) information about the availability of firearm safety packets;
(ii) procure cable-style gun locks for distribution pursuant to this section;
(iii) produce a firearm safety packet that includes the firearm safety brochure and the
cable-style gun lock described in this Subsection (3); and
(iv) create a suicide prevention education course that:
(A) provides information for distribution regarding firearm safety education;
(B) incorporates current information on how to recognize suicidal behaviors and
identify individuals who may be suicidal; and
(C) provides information regarding crisis intervention resources;
(b) distributing, free of charge, the firearm safety packet to the following persons, who
shall make the firearm safety packet available free of charge:
(i) health care providers, including emergency rooms;
(ii) mobile crisis outreach teams;
(iii) mental health practitioners;
(iv) other public health suicide prevention organizations;
(v) entities that teach firearm safety courses;
(vi) school districts for use in the seminar, described in Section 
53G-9-702
, for parents
of students in the school district; and
(vii) firearm dealers to be distributed in accordance with Section 
76-10-526
;
(c) creating and administering a redeemable coupon program described in this
Subsection (3) and Section 
76-10-526
 that includes:
(i) producing a redeemable coupon that offers between $10 and $200 off the purchase
price of a firearm safe from a participating firearms dealer or a person engaged in the business
of selling firearm safes in Utah, by a Utah resident who has filed an application for a concealed
firearm permit; and
(ii) collecting the receipts described in Section 
76-10-526
 from the participating
dealers and persons and reimbursing the dealers and persons;
(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
making rules that establish procedures for:
(i) producing and distributing the suicide prevention education course and the firearm
safety brochures and packets;
(ii) procuring the cable-style gun locks for distribution; and
(iii) administering the redeemable coupon program; and
(e) reporting to the Health and Human Services Interim Committee regarding
implementation and success of the firearm safety program and suicide prevention education
course at or before the November meeting each year.
[
(3)
] 
(4)
 (a) The division may refuse to contract with and may pursue legal remedies
against any local substance abuse authority or local mental health authority that fails, or has
failed, to expend public funds in accordance with state law, division policy, contract
provisions, or directives issued in accordance with state law.
(b) The division may withhold funds from a local substance abuse authority or local
mental health authority if the authority's contract provider of substance abuse or mental health
programs or services fails to comply with state and federal law or policy.
[
(4)
] 
(5) (a)
 Before reissuing or renewing a contract with any local substance abuse
authority or local mental health authority, the division shall review and determine whether the
local substance abuse authority or local mental health authority is complying with the oversight
and management responsibilities described in Sections 
17-43-201
, 
17-43-203
, 
17-43-303
, and
17-43-309
.
(b)
 Nothing in this Subsection [
(4)
] 
(5)
 may be used as a defense to the responsibility
and liability described in Section 
17-43-303
 and to the responsibility and liability described in
Section 
17-43-203
.
[
(5)
] 
(6)
 In carrying out the division's duties and responsibilities, the division may not
duplicate treatment or educational facilities that exist in other divisions or departments of the
state, but shall work in conjunction with those divisions and departments in rendering the
treatment or educational services that those divisions and departments are competent and able
to provide.
[
(6)
] 
(7)
 The division may accept in the name of and on behalf of the state donations,
gifts, devises, or bequests of real or personal property or services to be used as specified by the
donor.
[
(7)
] 
(8)
 The division shall annually review with each local substance abuse authority
and each local mental health authority the authority's statutory and contract responsibilities
regarding:
(a) use of public funds;
(b) oversight of public funds; and
(c) governance of substance use disorder and mental health programs and services.
[
(8)
] 
(9)
 The Legislature may refuse to appropriate funds to the division upon the
division's failure to comply with the provisions of this part.
[
(9)
] 
(10)
 If a local substance abuse authority contacts the division under Subsection
17-43-201
(10) for assistance in providing treatment services to a pregnant woman or pregnant
minor, the division shall:
(a) refer the pregnant woman or pregnant minor to a treatment facility that has the
capacity to provide the treatment services; or
(b) otherwise ensure that treatment services are made available to the pregnant woman
or pregnant minor.
Section 4. Section 
62A-15-103.1
 is enacted to read:
 62A-15-103.1.
Suicide Prevention Education Program -- Definitions -- Grant
requirements.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification
created in Section 
53-10-201
 within the Department of Public Safety.
(2) There is created a Suicide Prevention Education Program to fund suicide
prevention education opportunities for federally licensed firearms dealers who operate a retail
establishment open to the public and the dealers' employees.
(3) The division, in conjunction with the bureau, shall provide a grant to an employer
described in Subsection (2) in accordance with the criteria provided in Subsection
62A-15-1101
(7)(b).
(4) An employer may apply for a grant of up to $2,500 under the program.
Section 5. Section 
62A-15-1101
 is amended to read:
62A-15-1101.
Suicide prevention -- Reporting requirements.
(1) The division shall appoint a state suicide prevention coordinator to administer a
state suicide prevention program composed of suicide prevention, intervention, and postvention
programs, services, and efforts.
(2) The coordinator shall:
(a) establish a Statewide Suicide Prevention Coalition with membership from public
and private organizations and Utah citizens; and
(b) appoint a chair and co-chair from among the membership of the coalition to lead
the coalition.
(3) The state suicide prevention program may include the following components:
(a) delivery of resources, tools, and training to community-based coalitions;
(b) evidence-based suicide risk assessment tools and training;
(c) town hall meetings for building community-based suicide prevention strategies;
(d) suicide prevention gatekeeper training;
(e) training to identify warning signs and to manage an at-risk individual's crisis;
(f) evidence-based intervention training;
(g) intervention skills training; and
(h) postvention training.
(4) The coordinator shall coordinate with the following to gather statistics, among
other duties:
(a) local mental health and substance abuse authorities;
(b) the State Board of Education, including the public education suicide prevention
coordinator described in Section 
53G-9-702
;
(c) the Department of Health;
(d) health care providers, including emergency rooms;
(e) federal agencies, including the Federal Bureau of Investigation;
(f) other unbiased sources; and
(g) other public health suicide prevention efforts.
(5) The coordinator shall provide a written report to the Health and Human Services
Interim Committee, at or before the October meeting every year, on:
(a) implementation of the state suicide prevention program, as described in Subsections
(1) and (3);
(b) data measuring the effectiveness of each component of the state suicide prevention
program;
(c) funds appropriated for each component of the state suicide prevention program; and
(d) five-year trends of suicides in Utah, including subgroups of youths and adults and
other subgroups identified by the state suicide prevention coordinator.
(6) The coordinator shall, in consultation with the bureau, implement and manage the
operation of the firearm safety program described in Subsection 
62A-15-103
(3).
[
(6)
] 
(7)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the division shall make rules:
(a) governing the implementation of the state suicide prevention program, consistent
with this section; and
(b) in conjunction with the bureau, defining the criteria for employers to apply for
grants under the Suicide Prevention Education Program 
described
 in Section [
53-10-202.3
]
62A-15-103.1
, which shall include:
(i) attendance at [
a
] 
the
 suicide prevention education course 
described in Subsection
62A-15-103
(3)
; and
(ii) [
display of posters and
] distribution of the firearm safety brochures or packets
created in Subsection [
53-10-202
(18)(a)(iii)
] 
62A-15-103
(3)
, but does not require the
distribution of a cable-style gun lock with a firearm if the firearm already has a trigger lock or
comparable safety mechanism.
[
(7)
] 
(8)
 As funding by the Legislature allows, the coordinator shall award grants, not
to exceed a total of $100,000 per fiscal year, to suicide prevention programs that focus on the
needs of children who have been served by the Division of Juvenile Justice Services.
[
(8)
] 
(9)
 The coordinator and the coalition shall submit to the advisory council, no later
than October 1 each year, a written report detailing the previous fiscal year's activities to fund,
implement, and evaluate suicide prevention activities described in this section.
Section 6. Section 
63I-1-262
 is amended to read:
63I-1-262.
Repeal dates, Title 62A.
(1) Subsections 
62A-1-120
(8)(g), (h), and (i) are repealed July 1, 2023.
(2) Section 
62A-3-209
 is repealed July 1, 2023.
(3) Section 
62A-4a-202.9
 is repealed December 31, 2019.
(4) Section 
62A-4a-213
 is repealed July 1, 2019.
(5) Section 
62A-15-114
 is repealed December 31, 2021.
[
(6) Subsection 
62A-15-1101
(7) is repealed July 1, 2018.
]
Section 7. Section 
63I-1-276
 is amended to read:
63I-1-276.
Repeal dates, Title 76.
[
Subsection 
76-10-526
(15) is repealed July 1, 2018.
]
Section 8. Section 
63I-2-262
 is amended to read:
63I-2-262.
Repeal dates -- Title 62A.
[
(1) Section 
62A-1-111.5
 is repealed July 1, 2018.
]
[
(2)
] Subsection 
62A-5-103.1
(6) is repealed January 1, 2023.
[
(3) Subsection 
62A-15-1101
(6) is repealed January 1, 2019.
]
[
(4) Section 
62A-15-1102
 is repealed January 1, 2019.
]
Section 9. Section 
76-10-526
 is amended to read:
76-10-526.
Criminal background check prior to purchase of a firearm -- Fee --
Exemption for concealed firearm permit holders and law enforcement officers.
(1) For purposes of this section, "valid permit to carry a concealed firearm" does not
include a temporary permit issued under Section 
53-5-705
.
(2) (a) To establish personal identification and residence in this state for purposes of
this part, a dealer shall require an individual receiving a firearm to present one photo
identification on a form issued by a governmental agency of the state.
(b) A dealer may not accept a driving privilege card issued under Section 
53-3-207
 as
proof of identification for the purpose of establishing personal identification and residence in
this state as required under this Subsection (2).
(3) (a) A criminal history background check is required for the sale of a firearm by a
licensed firearm dealer in the state.
(b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
Licensee.
(4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
criminal background check, on a form provided by the bureau.
(b) The form shall contain the following information:
(i) the dealer identification number;
(ii) the name and address of the individual receiving the firearm;
(iii) the date of birth, height, weight, eye color, and hair color of the individual
receiving the firearm; and
(iv) the social security number or any other identification number of the individual
receiving the firearm.
(5) (a) The dealer shall send the information required by Subsection (4) to the bureau
immediately upon its receipt by the dealer.
(b) A dealer may not sell or transfer a firearm to an individual until the dealer has
provided the bureau with the information in Subsection (4) and has received approval from the
bureau under Subsection (7).
(6) The dealer shall make a request for criminal history background information by
telephone or other electronic means to the bureau and shall receive approval or denial of the
inquiry by telephone or other electronic means.
(7) When the dealer calls for or requests a criminal history background check, the
bureau shall:
(a) review the criminal history files, including juvenile court records, to determine if
the individual is prohibited from purchasing, possessing, or transferring a firearm by state or
federal law;
(b) inform the dealer that:
(i) the records indicate the individual is prohibited; or
(ii) the individual is approved for purchasing, possessing, or transferring a firearm;
(c) provide the dealer with a unique transaction number for that inquiry; and
(d) provide a response to the requesting dealer during the call for a criminal
background check, or by return call, or other electronic means, without delay, except in case of
electronic failure or other circumstances beyond the control of the bureau, the bureau shall
advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
delay.
(8) (a) The bureau may not maintain any records of the criminal history background
check longer than 20 days from the date of the dealer's request, if the bureau determines that
the individual receiving the firearm is not prohibited from purchasing, possessing, or
transferring the firearm under state or federal law.
(b) However, the bureau shall maintain a log of requests containing the dealer's federal
firearms number, the transaction number, and the transaction date for a period of 12 months.
(9) If the criminal history background check discloses information indicating that the
individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
where the individual resides.
(10) If an individual is denied the right to purchase a firearm under this section, the
individual may review the individual's criminal history information and may challenge or
amend the information as provided in Section 
53-10-108
.
(11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
records provided by the bureau under this part are in conformance with the requirements of the
Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
(12) (a) A dealer shall collect a criminal history background check fee for the sale of a
firearm under this section. [
This
]
(b) The
 fee 
described under Subsection (12)(a)
 remains in effect until changed by the
bureau through the process [
in accordance with
] 
described in
 Section 
63J-1-504
.
[
(b)
] 
(c)
 (i) The dealer shall forward at one time all fees collected for criminal history
background checks performed during the month to the bureau by the last day of the month
following the sale of a firearm.
(ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
the cost of administering and conducting the criminal history background check program.
(13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
required in this section for the purchase of a firearm if:
(a) the individual presents the individual's concealed firearm permit to the dealer prior
to purchase of the firearm; and
(b) the dealer verifies with the bureau that the individual's concealed firearm permit is
valid.
(14) 
(a)
 A law enforcement officer, as defined in Section 
53-13-103
, is exempt from
the background check fee required in this section for the purchase of a personal firearm to be
carried while off-duty if the law enforcement officer verifies current employment by providing
a letter of good standing from the officer's commanding officer and current law enforcement
photo identification.
(b)
 [
This section
] 
Subsection (14)(a)
 may only be used by a law enforcement officer to
purchase a personal firearm once in a 24-month period.
(15) (a) A dealer or a person engaged in the business of selling firearm safes in Utah
may participate in the redeemable coupon program described in this Subsection (15) and
Subsection 
62A-15-103
(3).
(b) A participating dealer or person shall:
(i) apply the coupon only toward the purchase of a gun safe;
(ii) collect the receipts from the purchase of a firearm safe using the redeemable
coupons and send the receipts to the Division of Substance Abuse and Mental Health for
redemption; and
(iii) make the firearm safety brochure described in Subsection 
62A-15-103
(3) available
to a customer free of charge.
(16) A dealer engaged in the business of selling, leasing, or otherwise transferring any
firearm shall:
(a) make the firearm safety brochure described in Subsection 
62A-15-103
(3) available
to a customer free of charge; and
(b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
under Subsection 
62A-15-103
(3) to a customer purchasing a shotgun, short barreled shotgun,
short barreled rifle, rifle, or another firearm that federal law does not require be accompanied
by a gun lock at the time of purchase.
Section 10. 
Repealer.
This bill repeals:
Section 
53-10-202.3
,
Suicide Prevention Education Program -- Definitions -- Grant
requirements.
Section 11. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
fiscal year 2020.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
ITEM 1
To Department of Human Services - Division of Substance Abuse and
Mental Health
From General Fund
$10,000
From General Fund Restricted - Concealed Weapons Account,
One-time
$500,000
Schedule of Programs:
Community Mental Health Services
$510,000
Section 12. 
 Coordinating H.B. 17 with H.B. 249 -- Technical amendments.
If this H.B. 17 and H.B. 249, Revisor's Technical Corrections to Utah Code, both pass
and become law, it is the intent of the Legislature that the amendments to Section 
62A-15-1101
in this bill supersede the amendments to Section 
62A-15-1101
 in H.B. 249 when the Office of
Legislative Research and General Counsel prepares the Utah Code database for publication.