Amendments	Fiscal Memos
SA0389	Amendment 1-0 to SB0570
SA0390	Amendment 2-0 to SB0570
SA0439	Amendment 3-0 to SB0570
SA0495	Amendment 4-0 to SB0570
SA0498	Amendment 5-0 to SB0570
SA0521	Amendment 6-0 to SB0570
SA0548	Amendment 7-0 to SB0570
SA0550	Amendment 8-0 to SB0570
SA0551	Amendment 8-1 to SB0570

	Amendments	Fiscal Memos
HA0334	Amendment 1-1 to HB0006
HA0335	Amendment 2-2 to HB0006
HA0397	Amendment 3-1 to HB0006
HA0501	Amendment 4- to HB0006

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

Increase Local Expenditures - Exceeds $1,000,000/Permissive

Bill Summary

Under present law, it is generally a Class E felony for a person to possess or carry a weapon, including a firearm, with the intent to go armed on school property. Also, under present law, it is generally a Class B misdemeanor for a person to possess or carry a firearm on school property, except that a nonstudent adult may possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property. It is not an offense to possess a weapon, including a firearm, on school property if the weapon is used solely for instructional or school-sanctioned ceremonial purposes.

Under present law, the following persons are not prohibited from carrying or possessing weapons on school property when in discharge of their official duties:

(1) Member of the military when acting under orders requiring them to carry weapons;
(2) Civil officers of the United States;
(3) Officers and soldiers of the militia and the national guard when called into actual service;
(4) Law enforcement officers;
(5) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;
(6) Any private police employed by the administration or board of trustees of any public or private institution of higher education; and
(7) Registered security guards.

This bill adds public school faculty and staff to the list of persons who are not prohibited from carrying or possessing weapons on school property, provided, that the faculty or staff member:

(1) Possesses a handgun carry permit;
(2) Has the written permission of the director of schools to carry;
(3) Has successfully completed a 40-hour course in basic school policing training, including training in crisis management and hostile situations, no more than (12) months prior to seeking authorization of the director of schools to carry. All such training shall be approved by each school district and the cost of the training, firearm and ammunition shall be at the expense of the person seeking authorization and not the school district; and
(4) Uses only ammunition that is specifically designed for use in a confined space, as approved by the POST commission.

This bill extends immunity from civil liability to any LEA in which the director of schools authorizes a faculty or staff member to possess or carry a firearm for damages, injuries, or death resulting from or arising out of a faculty or staff member's actions involving a firearm carried or possessed on school property unless the board of education or superintendent knew of or intentionally solicited or procured the faculty or staff member's actions involving a firearm that resulted in the harm.

This bill will take effect on July 1, 2013, and apply to school year 2013-2014 and each school year thereafter.

ON APRIL 16, 2013, THE HOUSE ADOPTED AMENDMENT #4 AND PASSED HOUSE BILL 6, AS AMENDED.

AMENDMENT #4 revises the persons who will be authorized to carry a firearm on school grounds under this bill to include any person employed by an LEA as a faculty or staff member at a school within the LEA or assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA, if the person:

(1) Possesses a handgun carry permit;
(2) Has the written permission of the director of schools to carry; and
(3) Is a law enforcement officer, or has prior service as a law enforcement officer who is in compliance with all laws, rules and regulations of the peace officer standards and training (POST) commission, and who has successfully completed 40 hours in basic training in school policing. Any such training must be approved by the LEA and the cost of the training, firearm and ammunition will be at the expense of the person seeking authorization and not the LEA.

This amendment removes the requirement from this bill that persons who carry firearms in schools use only frangible bullets.

This amendment removes the bill's extension of immunity from civil liability to an LEA in which the director of schools authorizes a faculty or staff member to possess or carry a firearm, as described in the above bill summary.

ON APRIL 18, 2013, THE SENATE SUBSTITUTED HOUSE BILL 6 FOR SENATE BILL 570, ADOPTED AMENDMENTS #3, #4, AND #6, AND PASSED HOUSE BILL 6, AS AMENDED.

AMENDMENT #3 adds a requirement that, within 10 days after the director of schools has authorized a person to carry or possess a firearm on school property pursuant to this bill, the director must notify the chief of the appropriate law enforcement agency of each such authorization. The notification must contain basic information about each such person including name, address, contact information and whether the person is authorized as a LEA employee or pursuant to a memorandum of understanding.

The written authorization of the director of schools, the notification transmitted to the chief of the appropriate law enforcement agency, the names and contact information of any person authorized to carry or possess a firearm on school property, any listing or compilation of names or individual names of persons who are authorized to carry or possess a firearm on school property, whether the director of schools has or has not issued written authorization to carry or possess a firearm on school property, or any other document, file, record, information or material relating to the carrying or possessing of a firearm on school property pursuant to this amendment that is received by, transmitted to, maintained, stored or compiled by the director of schools, any LEA, or city, county or municipal law enforcement agency, will be confidential and not open for public inspection.

This amendment specifies that the present law provisions governing the BEP will not be construed to require an LEA or a law enforcement agency of the county to assign or provide funding for a school resource officer to any city school system within that county on the basis of the weighted full-time equivalent average daily attendance (WFTEADA). The providing of security or school resource officers by a sheriff will be considered a law enforcement function and not a school operation or maintenance purpose that requires the apportionment of funds.

AMENDMENT #4 expands the requirement for written authorization in order to carry a firearm on school property so that the joint written authorization of the director of schools and the principal of the school will be required.

AMENDMENT #6 gives this bill the short title the "School Security Act of 2013".