BOARD OF PROBATION AND PAROLE [ 37 PA. CODE CH. 79 ] County Probation and Parole Officers' Firearm Education and Training Commission [43 Pa.B. 2589]
[Saturday, May 11, 2013]The County Probation and Parole Officers' Firearm Education and Training Commission (FETC) proposes to amend §§ 79.2, 79.61 and 79.63 (relating to definitions; approval of instructors; and requirements for in-service training courses) and add §§ 79.25 and 79.26 (relating to duty weapon change; and break-in-service) to read as set forth in Annex A.
Statutory Authority
This rulemaking is proposed under the authority of 61 Pa.C.S. § 6305(13) (relating to powers and duties of commission).
Purpose of Proposed Rulemaking
This proposed rulemaking will serve to accelerate the firearm qualification process for officers and the approval process for in-service training courses. This proposed rulemaking will also maintain public safety by ensuring that officers are properly qualified on their duty weapons and instructors are properly certified to conduct training courses. Proposed amendments to § 79.2 define new terms. Proposed § 79.25 explains the qualification requirements that county probation and parole officers shall adhere to in the event of a duty weapon change. Proposed § 79.26 explains the requisite qualification requirements that county probation and parole officers shall adhere to depending on the duration of the officer's break-in-service. Proposed amendments to § 79.61 amend the recertification and renewal requirements for Certified Firearms Instructors (CFI) who attain Master Instructor (MI) status. Proposed amendments to § 79.63 grant the FETC the discretion to waive certain requirements in the approval process for in-service training courses.
Explanation of Proposed Rulemaking
In § 79.2(a), definitions of ''break-in-service'' and ''duty weapon'' are proposed to be added.
Proposed § 79.25 provides new requirements when a county probation or parole officer has a change involving his duty weapon. A different manufacturer, a different model from the same manufacturer or a change in firearm caliber constitutes a duty weapon change. A change in duty weapon requires a county probation or parole officer to satisfactorily complete an FETC qualification course of fire before carrying the new weapon on duty. This proposed section also requires that the weapon change information and the qualification results are recorded in the Firearm Commission Training Management System (FCTMS).
The FETC does not currently require an officer to pass a qualification course of fire on a new duty weapon. Instead, an officer is required to pass a qualification course of fire only when the officer's qualification certification expires.
Proposed § 79.26 provides that when an officer has a break-in-service of less than 12 months, that officer does not have to undergo additional training as a result of the break-in-service. However, an officer who has a break-in-service lasting between 12 and 24 months shall satisfactorily complete a current written test, requalify on the Commission's qualification course and resubmit fingerprints. An officer who has a break-in-service lasting 24 months or more shall meet the requirements of a new hire.
Proposed amendments to § 79.61(b) provide that when a CFI attains MI status, the MI recertification date will default to the instructor's CFI recertification date. Currently, this subsection determines the MI recertification date by calculating a 36-month period from the date MI status is attained. Instead of relying on calculations, this proposed amendment would simply apply the existing CFI recertification date as the MI recertification date.
This proposed rulemaking also amends the requirements for CFI certification renewal. Section 79.61(c)(1) currently requires documentation demonstrating that the instructor provided at least 12 hours of relevant academic and range instruction to county probation personnel in the last 36 months. This proposed amendment would only require that the instructor provided at least 12 hours of firearm instruction to county probation personnel in the last 36 months.
Proposed amendments to § 79.63(b) would grant the FETC discretion to waive the 90-day requirement in this subsection if the course has been approved by an entity such as the Federal Bureau of Investigation, the Pennsylvania State Police or the National Rifle Association. This section requires counties, seeking approval for in-service training courses, to submit an application to the Executive Director at least 90 calendar days before the first proposed day of training.
Affected Parties
This proposed rulemaking would add only a slight burden on county probation and parole officers depending on whether there has been a change in duty weapon or a break-in-service. An officer would have to adhere to these new requirements even if the officer would not otherwise be up for requalification.
Additionally, an FETC-approved school or vendor that provides in-service training courses may experience a slight increase in the number of officers it tests depending on whether the officer has had a duty weapon change or a break-in-service. Additionally, firearm instructors may derive a benefit from the proposed recertification regulation since it simplifies the recertification dates for instructors reaching MI status.
Fiscal Impact
Commonwealth
The Commission determined that the proposed rulemaking will have a minimal financial impact on the Commonwealth since the funds budgeted for the FETC are derived from the County Probation and Parole Officers' Firearm Education and Training Fund (Fund), which, under the law, is a restricted receipts account within the General Fund. Moneys for the Fund are derived from costs imposed on individuals who accept Accelerated Rehabilitative Disposition, plead guilty or nolo contendere, or are convicted of a felony or misdemeanor. The Fund is used exclusively for the training activities and expenses of the FETC.
Political subdivisions
The projected fiscal impact of this proposed rulemaking is negligible. The costs associated with firearm qualification courses will only apply when the officer has a change in duty weapon or a break-in-service.
Overview of costs
The time an officer spends requalifying usually takes 1 hour. The subject county would have to pay that percentage of the officer's salary, plus the hourly percentage of the instructor's salary, plus the 60-180 rounds (50¢ per round) expended, plus 2 to 6 targets used ($1 per target). When a written test is required, the county shall pay the officer and the testing instructor a percentage of his salary based on the 50-minute test. Finally, when an officer must meet the requirements of a new hire because of break-in-service lasting 24 or more months, the county shall pay for 18 hours of classroom time, 31 hours of range time, 1,000 rounds of ammunition, the cost for hotel rooms (maximum $79 per night) and a per diem and mileage.
Private sector
The proposed rulemaking will not have adverse fiscal impact on the private sector.
General public
The proposed rulemaking will not impose costs and will not have adverse fiscal impact on the general public.
Costs and Paperwork Requirements
The proposed rulemaking directly relates to implementation of a program which is already in effect and for which funding is already in place. Therefore, there will not be new fiscal impact. The proposed rulemaking may result in marginal increases in paperwork since weapon change information and qualification results must be recorded in the FCTMS. There may be a slight reduction in paperwork for certified firearm instructors since they would only have to document and demonstrate 12 hours of firearms training, rather than 12 hours of academic and range instruction when renewing CFI certification.
Impact on Small Business
This proposed rulemaking will not have impact on small businesses as the regulations only affect county probation and parole officers and county probation departments.
Effective Date
This proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Sunset Date
A sunset date has not been assigned. The FETC will review the efficacy of these regulations on an ongoing basis.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Todd Burns, Executive Director, Firearm Education and Training Commission, 1101 South Front Street, Suite 5600, Harrisburg, PA 17104-2522 within 30 calendar days after the date of publication in the Pennsylvania Bulletin. When submitting comments, reference Regulation No. 37 Pa. Code, Chapter 79. Persons with a disability who require an auxiliary aid or service may submit comments by calling Todd Burns, (717) 783-4692.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 30, 2013, the FETC submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Judiciary Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the FETC, the General Assembly and the Governor of comments, recommendations or objections raised.
KEITH GRAYBILL,
ChairpersonFiscal Note: 41-21. No fiscal impact; (8) recommends adoption.
Annex A TITLE 37. LAW PART II. BOARD OF PROBATION AND PAROLE CHAPTER 79. COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION GENERAL PROVISIONS § 79.2. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Basic training—The initial training provided by the Commission.
Break-in-service—The time period between the date an officer qualified to carry a duty weapon terminates employment for any reason and the date that the officer is rehired by the same or another armed county probation and parole office.
CFI—Certified Firearms Instructor—A firearms instructor who is approved by the Commission under § 79.61(a)(1) (relating to approval of instructors.)
* * * * * County conducted training—Any Commission-approved training not presented by the Commission but presented by a county.
Duty weapon—The firearm an officer qualifies with and carries while on duty.
Executive Director—The administrative officer reporting directly to the Commission who is responsible for program management.
* * * * * MAINTENANCE OF CERTIFICATION (Editor's Note: Sections 79.25 and 79.26 are new and printed in regular type to enhance readability.)
§ 79.25. Duty weapon change.
A change in an officer's duty weapon involving a different manufacturer, a different model from the same manufacturer or a change in firearm caliber requires that:
(1) The officer satisfactorily completes a Commission qualification course of fire on the new duty weapon.
(2) Qualification occurs prior to the officer carrying the new weapon on duty.
(3) Weapon change information and qualification results are recorded in the FCTMS.
§ 79.26. Break-in-service.
(a) An officer who has a break-in-service of less than 12 months is not required to have additional training as a result of the officer's break-in-service.
(b) An officer who has a break-in-service lasting between 12 and 24 months shall satisfactorily complete a current written test and successfully requalify on the Commission's qualification course as a result of the officer's break-in-service.
(c) An officer who has a break-in-service of 24 months or more shall meet the requirements of a new hire as a result of the officer's break-in-service.
APPROVAL OF INSTRUCTORS, SCHOOLS AND VENDORS § 79.61. Approval of instructors.
* * * * * (b) Certifications for both CFI and MI shall be for [a period of] 36 months following approval by the Commission unless sooner revoked by the Commission. When a CFI attains MI status, [the 36-month period shall be calculated based upon the date that MI status is attained] the MI recertification date will default to the instructor's CFI recertification date.
(c) To renew certification an instructor shall be required to submit an application for renewal of certification. The application must at least include documentation demonstrating that the instructor has provided the following:
(1) For CFI certification renewal, a minimum of 12 hours of relevant [academic and range] firearms instruction to county probation personnel in the preceding 36 months, including at least one basic training. The requirement to conduct one basic training during the preceding 36-month period for CFI renewal may be waived by the Commission.
* * * * * § 79.63. Requirements for in-service training courses.
* * * * * (b) Counties seeking approval of an in-service training course developed by an entity other than the Commission or a Commission-approved school or vendor shall submit an application to the Executive Director at least 90 calendar days prior to the first proposed day of training. The proposal [must] shall be submitted in writing to the Executive Director. The Commission may waive the 90-day requirement in this subsection on a case-by-case basis if the course has been approved by an entity such as the Federal Bureau of Investigation, the Pennsylvania State Police or the National Rifle Association.
* * * * * [Pa.B. Doc. No. 13-868. Filed for public inspection May 10, 2013, 9:00 a.m.]
