No. 30691: R714-550. Rule for Spending Fees Provided under Section 53-1-117

DAR File No.: 30691
Filed: 11/07/2007, 02:24
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Pursuant to Section 53-1-117, this rule establishes criteria and procedures for the Utah Department of Public Safety to administer revenues from the "Public Safety Restricted Account" established by Subsection 53-3-106(1); which accrue from fee income pursuant to Section 41-6-44.30, and Subsections 53-3-105(29) and 53-3-106(5). Accordingly, these funds shall be used to: a) purchase equipment for law enforcement agencies of the state and its political subdivisions to assist them in enforcing alcohol or drug related driving laws; b) train peace officers; c) provide peace officer overtime; and d) fund the managing of DUI-related motor vehicles. This rule is authorized by Section 53-1-117 which requires the department to make rules establishing criteria and procedures for alcohol or drug enforcement funding.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule is still necessary due to Section 53-1-117, which authorizes the rule. There is a seven member committee which oversees the spending of this money on DUI overtime shifts, DUI equipment for agencies statewide based on their DUI enforcement, and support of the Breath Alcohol Testing program. Therefore, this rule should be continued.

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

Public Safety
Highway Patrol
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5994

Direct questions regarding this rule to:

Kellie Oaks at the above address, by phone at 801-256-2412, by FAX at 801-256-2449, or by Internet E-mail at [e-mail]

Authorized by:

Lance Davenport, Superintendant