2017 HOUSE ENERGY AND NATURAL RESOURCES HB 1395 · HB 1395: Energy and Natural Resources Committee (Rep. Porter, Chairman) recommends AMENDMENTS AS FOLLOWS and when so amended, recommends

2017 HOUSE ENERGY AND NATURAL RESOURCES

HB 1395

2017 HOUSE STANDING COMMITTEE MINUTES

Energy and Natural Resources Committee Coteau -A Room, State Capitol

HB 1395 1/27/2017

27550

D Subcommittee D Conference Committee

Committee Clerk Signature

Explanation or reason for introduction of bill/resolution:

Relating to dangerous weapons and retired law enforcement officers

Minutes: II Attachment 1

Chairman Porter: Called the hearing to order on HB 1395 and the Clerk read the title.

Rep. Karen Karls, District 35, Bismarck, presented HB 1395 in Attachment #1

Chairman Porter: Questions for Rep. Karls. Further testimony in support? Any opposition? Any committee members have questions for Special Agent Phil Pfenig in regards to LEOA since their ID badge was used as part of the discussion.

Rep. Heinert: I believe Rep. Karls said it has to come through BCI. Any law enforcement agency can issue those cards. That's a sample of what has to be issued.

Chairman Porter: Yes, that's is correct. It goes back to your individual agency you retired from. Seeing no further questions we will close the hearing on HB 1395.

2017 HOUSE STANDING COMMITTEE MINUTES

Energy and Natural Resources Committee Coteau -A Room, State Capitol

HB 1395 2/9/2017

28102 D Subcommittee

D Conference Committee



Relating to the possession of firearms and licensing of individuals to carry firearms

Minutes: Attachment #1-#2

Chairman Porter: Called the committee to order on HB 1395. The bill sponsor brought an amendment with her testimony, Attachment #1. In consultation with BCI , we have Attachment #2, version Amendment .01002 also handed out.

Attachment #2, Amendment .01002, as BCI looked at it, it was a drafting error because there was never the intent to remove the language talking about the firearms proficiency that's required to have that exemption. So .01002 does is puts back in that overstricken language that directly relates to the proficiency that's currently in the law. Questions?

Rep. Anderson: I would move the Amendment .01002 on HB 1395 be adopted.

Rep. Lefor: Second .

Chairman Porter: I have a motion from Rep. Anderson, and a second from Rep. Lefor for Amendment .01002. Discussion? Seeing none, all in favor say Aye, opposed? Aye (all) Opposed silent Voice vote, motion carries .

I think this language does the same thing the amendment did . That language that I passed out is what it looks like with it overstricken. We did what the bill sponsor asked us to do. Again, this bill does two things. It moves us into full compliance with the Federal LEOSA, law enforcement act that allows retired law enforcement officers to carry concealed weapons as long as their maintaining their training and standards and federal permit. It also changes the classification of a weapon for a multi-shot Taser or voltage applicator. That again is another very important component for the capital security force because the way the law currently reads, they cannot issue Tasers to their security staff. The same restrictions as what we did last session what we did with the single shot Tasers remain in place. If you are not legally able to have a dangerous weapon, you cannot have a multi-shot Taser, you cannot have a single shot Taser and neither one of them can be in a liquor establishment at any time. That's what the bill does. Questions?

Energy and Natural Resources Committee HB 1395 2/09/2017 Page 2

Rep. Heinert: There's not an emergency clause on this bill identified on here to move us forward, and I would suggest we add the emergency clause as well.

Rep. Anderson: Second

Chairman Porter: I have a motion from Rep. Heinert to add the emergency clause, a second from Rep. Anderson. Discussion? All those in favor say Aye (all), opposed (silent). Voice vote, motion carries.

Rep. Seibel: Have we adopted Rep. Karls or do we need to?

Chairman Porter: That was in the legislative council fix.

Rep. Seibel: I would move a Do Pass on HB 1395 as amended .

Rep. Ruby: second

Chairman Porter: I have a motion from Rep. Seibel for a Do Pass on HB 1395 as amended, second from Rep. Ruby.

Rep. Keiser: One of the advantages of delaying the implementation is you can get prepared for this . With the emergency clause, this becomes law. Is there any division or anybody that has to set some process up to put this into play?

Chairman Porter: the federal process has been in place since 2010. The Taser side of it

Rep. Keiser: to meet all the standards that are here. Somebody has to review that.

Chairman Porter: No, that's already in place. We as a state already have those standards in place for retired law enforcement officers. All this says if you have the federal card, that we're giving you reciprocity in ND. All the processes are in place. The only thing the emergency clause really has an effect on is the Colonel and his ability to let his private security force have Tasers, that he can't right now. That's what it affects. Further questions? Seeing none the clerk will call the roll on HB 1395 as amended.

Aye 12 No O Absent 2 Rep. Lefor floor assignment.

17.0886.01002 Title.

Prepared by the Legislative Council staff for Representative Karls

February 1, 2017

PROPOSED AMENDMENTS TO HOUSE BILL NO. 1395

Page 3, line 20, remove the overstrike over the first overstruck comma

Page 3, line 20, remove the overstrike over "tf-4.1:le"

Page 3, remove the overstrike over lines 21 through 24

Renumber accordingly

Page No. 1 17.0886.01002

17.0886.01003 Title.02000

Adopted by the Energy and Natural Resources Committee

February 9, 2017


Page 1, line 4, after "officers" insert "; and to declare an emergency"


Page 3, line 20, remove the overstrike over "if-#le"


Page 4, after line 2, insert:

"SECTION 5. EMERGENCY. This Act is declared to be an emergency measure."


Page No. 1 17.0886.01003

c:-1 /;2._-1_-(1

r l of-(

Date: ~ -1 --- /7 Roll Call Vote #: / --------

2017 HOUSE STANDING COMMITTEE ROLL CALL VOTES

BILL/RESOLUTION NO. J 305

House ________ E_ne_r__..g=y_&_N_a_tu_r_a_l R_e_s_o_u_r_ce_s ________ Committee

Amendment LC# or Description:

D Subcommittee

Recommendation i Adopt Amendment O I OO ;). D Do Pass D Do Not Pass D Without Committee Recommendation D As Amended D Rerefer to Appropriations D Place on Consent Calendar

Other Actions D Reconsider D

Motion Made By ~ ~~ Seconded By

Representatives Yes No Chairman Porter Vice Chairman Damschen Rep. Anderson Rep. Bosch , ~r--rt'rl X'.,_./

Rep. Devlin V"' Ir-. ft'._,; Rep. Heinert vv / QJ,l Rep. Keiser n A 1;vvv

v

Total (Yes) -----------

Absent

Floor Assignment

No

If the vote is on an amendment, briefly indicate intent:

Representatives Rep. Lefor Rep. Marschall Rep. Roers Jones Rep. Ruby Rep. Seibel

Rep. Mitskog Rep. Mock

()l00d-

Yes No

Date: d ~C/ ·- ( I Roll Call Vote #: ,:2


BILL/RESOLUTION NO. { 3q S-House ________ E_ne_r...,,.gcc..y_&_N_at_u_r_al_R_e_s_o_u_r_ce_s _____ ___ Committee


Recommendation

D Subcommittee

¢,Adopt Amendment ~ Q).~1 ~ C ~ D Do Pass D Do Not Pass D Without Committee Recommendation D As Amended D Rerefer to Appropriations D Place on Consent Calendar

Other Actions D Reconsider D

Motion Made By '\--tu' I\Q4'f Seconded By -~--~-----

Representatives Yes No Chairman Porter Vice Chairman Damschen Rep. Anderson Rep. Bosch I qf'r'\ r._y.,, Rep. Devlin vv -it

\r {//

Rep. Heinert vv !,')(~

Rep. Keiser rrh/v -

Total (Yes) -----------

Absent

Floor Assignment

No


Representatives Rep. Lefor Rep. Marschall Rep. Roers Jones Rep. Ruby Rep. Seibel

Rep. Mitskog Rep. Mock

Yes No

Date: _ ;;i_"---_q _ _,,_(_l __ Roll Call Vote#: 3

House


Recommendation


BILL/RESOLUTION NO. I ?f1S Energy & Natural Resources

D Subcommittee

D Adopt Amendment

----

Committee

cU Do Pass D Do Not Pass ~ As Amended

D Without Committee Recommendation D Rerefer to Appropriations

Other Actions

D Place on Consent Calendar D Reconsider D

Motion Made By ~4> Sd wJ Seconded By

Representatives Yes No Representatives Chairman Porter v' Rep. Lefor Vice Chairman Damschen A#J Rep. Marschall Rep. Anderson V Rep. Roers Jones Rep. Bosch ·v Rep. Ruby Rep. Devlin v Rep. Seibel Rep. Heinert v' Rep. Keiser 1/ Rep. Mitskoq

Rep. Mock

Total 2 No

Yes No t/ V t/ V t/

/ M

(Yes) ---~------- __ ___,,c..._ __________ _

Absent

Floor ¼ ( Assignment f 1 ~

If the vote is on an amendment,~ icate intent:

Com Standing Committee Report February 10, 2017 7:25AM

Module ID: h_stcomrep_27 _003 Carrier: Lefor

Insert LC: 17.0886.01003 Title: 02000

REPORT OF STANDING COMMITTEE HB 1395: Energy and Natural Resources Committee (Rep. Porter, Chairman)

recommends AMENDMENTS AS FOLLOWS and when so amended, recommends DO PASS (12 YEAS, 0 NAYS, 2 ABSENT AND NOT VOTING) . HB 1395 was placed on the Sixth order on the calendar.

Page 1, line 4, after "officers" insert"; and to declare an emergency"


Page 3, line 20, remove the overstrike over "#--tRe"


Page 4, after line 2, insert:

"SECTION 5. EMERGENCY. This Act is declared to be an emergency measure."


(1) DESK (3) COMMITTEE Page 1 h_stcomrep_27 _003

2017 SENATE JUDICIARY

HB 1395

2017 SENATE STANDING COMMITTEE MINUTES

Judiciary Committee Fort Lincoln Room, State Capitol

HB 1395 3/14/2017

29142 D Subcommittee

D Conference Committee



Relating to dangerous weapons and retired law enforcement officers; and to declare an emergency.

Minutes: Testimony attached # 1 l====================I

Vice-Chair Larson called the committee to order on HB 1395. All committee members were present.

Karen Karls, North Dakota State Representative District 35, introduced and testified in support of the bill. ( see attachment 1)

Vice-Chair Larson closed the hearing on HB 1395.

No motions were made.

2017 SENATE STANDING COMMITTEE MINUTES

Judiciary Committee Fort Lincoln Room, State Capitol


HB 1395 Committee Work 3/20/2017

29449

D Subcommittee D Conference Committee


Relating to dangerous weapons and retired law enforcement officers; and to declare an emergency.

Minutes: Attachments 1

Chairman Armstrong began the discussion on HB 1395. All committee members were present.

Senator Larson motioned to Adopt the Amendment. Senator Luick seconded.

A Roll Call Vote was taken. Yea: 6 Nay: 0 Absent: 0. The motion carried.

Chairman Armstrong briefly went over the bill and Amendment. (see attachment 1)

Senator Luick motioned for Do Pass as Amended. Senator Myrdal seconded.

A Roll Call Vote was taken. Yea: 6 Nay: 0 Absent: 0. The motion carried .

Senator Larson carried the bill.

Chairman Armstrong ended the discussion on HB 1395.

17.0886.02001 Title.03000

L::5

Adopted by the Senate Judiciary Committee

March 20, 2017

PROPOSED AMENDMENTS TO ENGROSSED HOUSE BILL NO. 1395

Page 2, line 12, after the second "officers" insert ", maintains the standards for qualifications in firearms training for active law enforcement officers as determined by the former agency of the individual in the state in which the individual resides. or maintains the standards used by a certified firearms instructor qualified to conduct a firearms qualification test for active duty officers in the state in which the individual resides"

Page 2, line 26, after the second "officers" insert ". maintains the standards for qualifications in firearms training for active law enforcement officers as determined by the former agency of the individual in the state in which the individual resides. or maintains the standards used by a certified firearms instructor qualified to conduct a firearms qualification test for active duty officers in the state in which the individual resides"


Page No. 1 17.0886.02001

":>l ?.o I \'),.. \. c,+- \

Senate Judiciary

2017 SENATE STANDING COMMITTEE ROLL CALL VOTES

BILL/RESOLUTION NO. HB 1395

D Subcommittee

Date:3/20/17 Roll Call Vote # 1

Committee

Amendment LC# or Description: _,!c_.7_. _o_'l_<;_t_,_o_~_O_O_ I _____________ _

Recommendation: ~ Adopt Amendment

Other Actions:

D Do Pass D Do Not Pass D As Amended D Place on Consent Calendar D Reconsider


D

Motion Made By Senator Larson Seconded By Senator Luick -----------

Senators Yes No Senators Yes No Chairman Armstronq X Senator Nelson X Vice-Chair Larson X Senator Luick X Senator Myrdal X Senator Osland X

Total (Yes) _6 ___________ No _o _____________ _

Absent O ------------------------------Floor Assignment


Senate Judiciary

2017 SENATE STANDING COMMITTEE ROLL CALL VOTES

BILL/RESOLUTION NO. HB 1395

D Subcommittee

Date: 3/20/17 Roll Call Vote # 2

Committee

Amendment LC# or Description: __ 17_, 0~ ~-~~' -· _0~~- 0_0_/ ___ __________ _

Recommendation: D Adopt Amendment

IZI Do Pass D Do Not Pass IZI As Amended D Place on Consent Calendar

Other Actions: D Reconsider


D

Motion Made By _S_en_a_t_o_r _L_ui_c_k _____ Seconded By Senator Myrdal

Senators Yes No Senators Yes No Chairman Armstrong X Senator Nelson X Vice-Chair Larson X Senator Luick X Senator Myrdal X Senator Osland X

Total (Yes) 6 No 0 - --------- - --- - - - - ---- ----Absent O

Floor Assignment Senator Larson ---- -----------------------If the vote is on an amendment, briefly indicate intent:

Com Standing Committee Report March 21, 2017 8:05AM

Module ID: s_stcomrep_51_004 Carrier: D. Larson

Insert LC: 17.0886.02001 Title: 03000

REPORT OF STANDING COMMITTEE HB 1395, as engrossed: Judiciary Committee (Sen. Armstrong, Chairman)

recommends AMENDMENTS AS FOLLOWS and when so amended, recommends DO PASS (6 YEAS, 0 NAYS, 0 ABSENT AND NOT VOTING). Engrossed HB 1395 was placed on the Sixth order on the calendar.

Page 2, line 12, after the second "officers" insert". maintains the standards for qualifications in firearms training for active law enforcement officers as determined by the former agency of the individual in the state in which the individual resides. or maintains the standards used by a certified firearms instructor qualified to conduct a firearms qualification test for active duty officers in the state in which the individual resides"

Page 2, line 26, after the second "officers" insert". maintains the standards for qualifications in firearms training for active law enforcement officers as determined by the former agency of the individual in the state in which the individual resides. or maintains the standards used by a certified firearms instructor qualified to conduct a firearms qualification test for active duty officers in the state in which the individual resides"


(1) DESK (3) COMMITTEE Page 1 s_stcomrep_51_004

2017 TESTIMONY

HB 1395

Rep. Karen Karls, District 35, Bismarck Testimony on HB 1395

January 27, 2017

For the record, I am Rep. Karen Karls, District 35 in Bismarck

First of all, HB 1395's Section 1 removes a multiple-shot "Taser" from the definition of "dangerous weapons," and Section 2 states that a "Taser" may not be used in a liquor establishment.

Apart from this change, the goal ofHB 1395 is to attain compliance with a federal law, The Law Enforcement Officers Safety Act of 2004, or LEOSA. Enacted in the post 9/11 climate, the intent ofLEOSA was to create a means by which thousands of equipped, trained and verified law enforcement officers could respond immediately to a crime by affording them the right to carry a concealed firearm across state and other jurisdictional lines. LEOSA, at 18 U.S.C.§ 926C, also allows a qualified retired or separated from service officer who meets the federal requirements to carry a firearm in any jurisdiction without having to obtain a state license, with some exceptions. The federal law requires that the officer or former officer meet certain minimum standards, including training and carrying the specified ID.

I will walk you through the bill ...

HB 1395 expands the definition of law enforcement officer in the definitions in Section 1, Subsection 7, to include qualified retired Law Enforcement Officers based on LEOSA. This provision says the person must have retired "in good standing", been a LEO for at least 10 years or have separated from service due to a service-related disability. The former officer must maintain the same firearms proficiency as is required by the POST board, must carry a photo ID issued by a local LE agency, and must have not been found to be mentally unqualified by a qualified medical professional. As a result of this change, Section 3 strikes the language pertaining to retired LEOs which is now contained in the definition section of a "law enforcement officer."

Another change is Section 4, the provision whereby anyone carrying a concealed weapon for which a license-to-carry is required, must give it to any active LEO for inspection, upon demand by the officer.

17.0886.01001 Title.


January 17, 2017


Page 2, line 12, after the second "officers" insert ", maintains the standards for qualifications in firearms training for active law enforcement officers as determined by the former agency of the individual in the state in which the individual resides, or maintains the standards used by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty officers in the state in which the individual resides"

Page 2, line 26, after the second "officers" insert", maintains the standards for qualifications in firearms training for active law enforcement officers as determined by the former agency of the individual in the state in which the individual resides, or maintains the standards used by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty officers in the state in which the individual resides"


Page No.3--, 17.0886.01001

.-

JY#/$,T/~ .O.S.T.

S/ A Duane Stanley Executive Secretary

MEMBERS

Sheriff Chad J. Kaiser Stutsman County S.O.

Lyn James ND League of Cities

Lieutenant Daniel J. Haugen ND Highway Patrol

Sheriff Paul Lies Eddy County S.O.

Chief Scott T. Thorsteinson Wahpeton Police Department

Tom Falck ND Association of Counties

a ptain John Klug t Police Department

Sheriff Sarah Warner Hettinger County S.O.

Chief Mike Reitan West Fargo Police Department

NDP.O.S.T PO Box1054

Phone: (701) 328-5500 Fax: (701) 328-5510

January 27, 2017

Bismarck, ND 58503

Dear Ms. - :

Bismarck ND 58502-1054

www.post.nd.gov

This letter is to confirm that on November 10, 2016, you met the sidearm qualification requirements as required by law for active licensed peace officers in the State of North Dakota.

This letter is only to certify you have complied with the firearm requirements of HR 218, the Law Enforcement Officers Safety Act of 2004. This letter may not be used to establish you have complied with all requirements of HR 218 in order to carry a concealed weapon.

Sincerely,

Duane Stanley Executive Secretary ND POST Board

3

I

North Dakota Bureau of Criminal Investigation

<<Photo>>

<<Retired Agent Name>>

This is to certify that the person whose photo appears above is a RETIRED AGENT of the Bureau of Criminal Investigation. This certification is effective 01/06/14.

By Order of:

Dallas L. Carlson, Director ND Bureau of Criminal Investigation

If you have any questions, you may contact Dallas Carlson at 701-328-5500. If after hours, contact ND State Radio at 1-800-472-2121.

Retired Agent

North Dakota Bureau of Criminal Investigation

<<Photo>>

<<Name>> This is to certi fy that the person, whose name and photo appear above, is a retired agent of the ND Bureau of Criminal Investigation and meets the minimum firearms standards of active sworn law enforcement officers for the Bureau of Criminal Investigation and the State of North Dakota. This certification is good for the

<<Period>>

By Order Of: , ?/_1 ,, ,tJ. I ;.,,7'

Dallas L. Carlson, Director If you have any questions, you may contact Dallas Carlson at 701-328-5500. If after hours, contact ND State Radio at 1-800-472-21 21.

Retired Agent - to Carry Weapons

February 2, 2017


-Rep. Porter

Page 3, line 20, after officer, replace lines 20-24 with:

if the individual maintains the same level of firearms proficiency as is required by the

peace officer standards and training board for law enforcement officers. A local

law enforcement agency shall issue a certificate of compliance under this section

to an individual who is proficient

17.0886.01002 Title.


February 1, 2017



Page 3, line 20, remove the overstrike over "if--#:le"



Page No. 1 17.0886.01002

1.c,_, 7

ti 8 t 31~

-tic2_

Rep. Karen Karls, District 35, Bismarck Testimony on HB 1395

March 14, 2017

----------------------

For the record, I am Rep. Karen Karls, District 35 in Bismarck

First of all, HB 1395's Section 1 removes a multiple-shot "Taser" from the definition of "dangerous weapons," and Section 2 states that a "Taser" may not be used in a liquor establishment.

Apart from this change, the goal ofHB 1395 is to attain compliance with a federal law, The Law Enforcement Officers Safety Act of 2004, or LEOSA. Enacted in the post 9/11 climate, the intent ofLEOSA was to create a means by which thousands of equipped, trained and verified law enforcement officers could respond immediately to a crime by affording them the right to carry a concealed firearm across state and other jurisdictional lines. LEOSA, at 18 U.S.C.§ 926C, also allows a qualified retired or separated from service officer who meets the federal requirements to carry a firearm in any jurisdiction without having to obtain a state license, with some exceptions. The federal law requires that the officer or former officer meet certain minimum standards, including training and carrying the specified ID.

HB 1395 expands the definition of law enforcement officer in the definitions in Section 1, Subsection 7, to include qualified retired Law Enforcement Officers based on LEOSA. This provision says the person must have retired "in good standing", been a LEO for at least 10 years or have separated from service due to a service-related disability. The former officer must maintain the same firearms proficiency as is required by the POST board, must carry a photo ID issued by a local LE agency, and must have not been found to be mentally unqualified by a qualified medical professional.

Another change is Section 4, the provision whereby anyone carrying a concealed weapon for which a license-to-carry is required, must give it to any active LEO for inspection, upon demand by the officer.

LEOSA allows qualified law enforcement officers and retired-separated LEO's from North Dakota to carry in other states; this bill adapts ND law with the goal of allowing officers and former officers from other jurisdictions to carry in places where LEO' s may carry in ND.

... 17.0886.01001 Title.


January 17, . 2017


Page 2, line 12, after the second "officers" insert ". maintains the standards for qualifications in firearms training for active law enforcement officers as determined by the former agency of the individual in the state in which the individual resides. or maintains the standards used by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty officers in the state in which the individual resides"



17.0886.01001

(

CD 17.0886.01001 Prepared by the Legislative Council staff for lltle. Representative Karls

January 17,-2017

' PROPOSED AMENDMENTS TO HOUSE BILL NO. 1395

Page 2, line 12, after the second "officers" insert ", maintains the standards for qualifications in firearms training for active law enforcement officers as determined by the former agericy of the individual in the state in which the individual resides, or maintains the standards used by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty officers in the state in which the individual resides"



Page No. 1 17.0886.01001

Documents

2017 HOUSE ENERGY AND NATURAL RESOURCES HB 1395 · HB 1395: Energy and Natural Resources Committee (Rep. Porter, Chairman) recommends AMENDMENTS AS FOLLOWS and when so amended, recommends