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HB 0060 - Firearms; certain laws regarding carrying and possession by retired judges; provide exemption

Tracking Level: Passed
Sponsor: Holt, Doug 112th
Last Action: 7/1/2014 - Effective Date
State Code Titles: 16
House Committee: PS&HS
Senate Committee: JUDYNC
Assigned To:
PersonnelNext Bill
Student SafetyNext Bill

Staff Analysis of the Legislation

SUMMARY:  As Passed

HB 60 was amended to include the "Safe Carry Protection Act," the gun bill. Many of the provisions are unrelated to local boards.

Below are changes that apply specifically to school districts. 

PROVISIONS:

  • School safety zone means in or on any real property or building owned by or leased to any public or private elementary or secondary school, or local board of education and used for elementary or secondary education and any public or private technical school, vocational school, college, university, or other institution of postsecondary education (building was added to the definition)
  • Amended 16-11-127.1(c)(6) allowing someone to be authorized to carry a weapon in the school safety zone, at a school function, or on  bus or other transportation provided by the school to include a reference to the new code section 16-11-130.1.  The authorization must still include the weapon that will be carried and the time period in which the person is authorized to carry.
  • Adds code section 16-11-130.1 allowing a local board of education to adopt a policy allowing certain personnel to possess or carry weapons as provided in 16-11-127.1(c)(6) if the policy includes:
    • Approval of personnel to possess and carry weapons
    • Training of approved personnel prior to authorizing them which at a minimum shall include training on judgment pistol shooting, marksmanship, and a review of current laws relating to the use of force for the defense of self and others
    • Board may substitute personnel's prior military or law enforcement service if they previously served as a certified law enforcement officer or has had military service which involved similar weapons
    • An approved list of the types of weapons and ammunition and quantity of weapons and ammunition to be possessed or carried
    • Exclusion from approval any personnel who has had any history indicating any mental or emotional instability as determined by the local board
    • Mandatory method of securing weapons with minimum requirements such as being carried concealed on the person not in a purse or maintained in a secured lock safe that cannot be easily accessed by students
  • Person authorized must be licensed to carry a concealed weapon
  • Local board must criminal background check annually to determine if they remain qualified to be a license holder
  • Serving in this capacity is voluntary; no one can be required to do so, terminated or retaliated against for not doing so
  • Local board is responsible for any costs associated with the program, but the personnel authorized may pay all or part of the costs.  The board may also use any other funding mechanism available including donations or grants from private persons or entities.
  • Documents and meetings pertaining to authorizing such personnel shall be considered employment and public safety security records and shall be exempt from disclosure under the Open Records Act.

 

EFFECTIVE DATE:

July 1, 2014 if signed by the Governor or becomes law without his signature. 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text