No. 38983 (New Rule): Rule R728-506. Canine Body Armor Restricted Account

(New Rule)

DAR File No.: 38983
Filed: 11/28/2014 08:46:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish the required documentation a law enforcement agency must provide when applying to the division to receive funds under Section 53-16-301 for canine body armor.

Summary of the rule or change:

This rule establishes a process law enforcement agencies may use to apply for funds generated from the Canine Body Armor Restricted Account. The monies in this account are to be utilized by law enforcement agencies to purchase body armor used for police service canines. This rule outlines the application process law enforcement administrators are to follow in order to be considered eligible to receive funds from the Canine Body Armor Restricted Account as described in Section 53-16-301.

State statutory or constitutional authorization for this rule:

• Section 53-16-301
• Section 53-16-201
• Section 53-16-302

Anticipated cost or savings to:

the state budget:

State law enforcement agencies who qualify for to receive Canine Body Armor Restricted Account funds will not need to pay for the canine body armor from department funds.

local governments:

County and city agencies who qualify for to receive Canine Body Armor Restricted Account funds will not need to pay for the canine body armor from department funds.

small businesses:

Agencies choosing to apply for funding from the account will now have a funding source not previously available. These agencies may now purchase canine body armor from possible small businesses.

persons other than small businesses, businesses, or local governmental entities:

Business's that provide or can provide body armor for police service canines will now have a funding source to assist in paying for the body armor.

Compliance costs for affected persons:

There are no compliance costs to persons affected by this new rule. The rule outlines a process agencies may follow at their option to receive funds from the account.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact on businesses because of this rule.

Keith Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Peace Officer Standards and Training
410 W 9800 S
SANDY, UT 84070

Direct questions regarding this rule to:

• Kelly Sparks at the above address, by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at [e-mail]
• Wade Breur at the above address, by phone at 801-256-2329, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2015

This rule may become effective on:

01/21/2015

Authorized by:

Scott Stephenson, Director

RULE TEXT

R728. Public Safety, Peace Officer Standards and Training.

R728-506. Canine Body Armor Restricted Account.

R728-506-1. Purpose.

The purpose of this rule is to establish the required documentation a law enforcement agency must provide when applying to the division to receive funds under Section 53-16-301.

 

R728-506-2. Authority.

This rule is authorized by Section 53-16-302 which provides that the department shall make rules prescribing information that a law enforcement agency shall include with its application to obtain funds from the account.

 

R728-506-3. Definitions.

(1) The terms used in this rule are defined in Section 53-1-102.

(2) In addition:

(a) "account" means the Canine Body Armor Restricted Account;

(b) "agency" means a law enforcement agency;

(c) "awarded funds" means the funds appropriated by the department from the account;

(d) "department" means the Utah Department of Public Safety;

(e) "POST" means the Division of Peace Officer Standards and Training;

(f) "law enforcement administrator" means a police chief, sheriff, public safety director, or superintendent of a law enforcement agency; and

(g) "law enforcement work" means patrol functions.

 

R728-506-4. Application Process.

(1) An agency that wishes to receive awarded funds may submit an application.

(2) The application must be addressed to POST and contain the following:

(a) the application form, which is available from POST;

(b) a written cost estimate prepared by the seller;

(c) proof of purchase;

(i) if proof of purchase is not available at the time the agency submits the application, the agency must submit it within 90 days of purchasing the armor;

(d) the signature of the law enforcement administrator certifying the following:

(i) the agency meets the requirements listed in Section 53-16-301(4)(a);

(ii) the police service canine is trained for law enforcement patrol duties; and

(iii) the police service canine is used or will be used in patrol functions.

(3)(a) All applications must be submitted before the first day of November in order to be eligible for awarded funds from the current fiscal year.

(b) If no applications are received before the first day of November, the award funds shall remain in the account until the next fiscal year.

 

KEY: Canine Body Armor Restricted Account

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 53-16-302

 

 

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