Legislature(1993 - 1994)
04/27/1994 09:10 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CHAIRMAN LEMAN brings up HB 351 (PERMIT TO CARRY CONCEALED WEAPONS) as the next order of business before the Senate State Affairs Committee. The chairman notes that at the last meeting, a committee substitute and three amendments to HB 351 were adopted. There is now a new cs, which addresses two other changes. The chairman asks Ms. Babcock to explain the changes that were made to the bill. Number 070 SENATOR MILLER makes a motion to adopt the new committee substitute for HB 351. Number 074 CHAIRMAN LEMAN, hearing no objection, states the new cs for HB 351 has been adopted. Number 077 PORTIA BABCOCK, Aide to the Senate State Affairs Committee, states that there were six changes incorporated into the new cs. Ms. Babcock reviews those changes. Number 130 CHAIRMAN LEMAN asks if anyone in the public wishes to testify. The chairman calls Mr. Swackhammer to testify. Number 132 C.E. SWACKHAMMER, Deputy Commissioner, Department of Public Safety (DPS), states the most significant change made to HB 351 is the October 1st enactment date. The problems the department foresees are, one, the Department of Law has to review regulations, and that will take time. Secondly, Mr. Swackhammer sees no way that the department will be able to fill the two commission positions by October 1st. Number 157 CHAIRMAN LEMAN responds that the enactment date was changed to October 1st, because of comments from members of the public. Those comments indicated that people didn't mind not being able to carry a concealed weapon until January 1, 1995, but they wanted to be able to submit applications before January 1, so that permits could be issued by January 1, 1995. The chairman asks Mr. Swackhammer if if there is any way to make that idea work. Number 165 MR. SWACKHAMMER replies that DPS will implement the provisions of HB 351 as quickly as possible and to the best of their ability. Mr. Swackhammer does not anticipate a great number of regulations; it is simply the regulation process itself which takes time. Mr. Swackhammer lists some of the things that will have to be done to implement HB 351. CHAIRMAN LEMAN states DPS will have four complete months, from the time the legislature acts, to implement HB 351. Number 199 SENATOR TAYLOR asks what will occur in the instance when a municipality opts out, since the permit is actually a state-wide permit. MR. SWACKHAMMER says he will defer to Representative James on that question. Number 210 REPRESENTATIVE JEANNETTE JAMES, prime sponsor of HB 351, states she does not know the answer to that question. She wonders whether opting out would only mean that the people who lived in that district would not be allowed to apply for a concealed weapon permit, or if it would not allow any person with a permit to carry in that area. Representative James says the bill is not very specific regarding local opt out, and thinks the legislature would have to get a legal interpretation on that provision. Number 220 SENATOR TAYLOR states he asks because on page 10 and 11 of HB 351, it states a person with a concealed weapon permit may not carry a concealed weapon in a village or municipality that has prohibited possession. Number 222 REPRESENTATIVE JAMES responds that was the intent of the legislation. Number 230 SENATOR TAYLOR asks where the committee is in coordinating drivers licenses and concealed carrying permits. Number 235 MR. SWACKHAMMER replies the renewal theme appears first on page 7, line 28. CHAIRMAN LEMAN asks Senator Taylor what, specifically, was his question. An upper limit for the initial fee and the renewal fee was added to HB 351. SENATOR TAYLOR responds he was looking for initial time and renewal. Number 250 SENATOR TAYLOR makes a motion to amend the renewal period to five years. He asks for that amendment so that concealed carrying permits can be coordinated with driver's licenses. Number 262 CHAIRMAN LEMAN restates Senator Taylor's motion: on page 3, line 22, delete four, insert five. The chairman asks if there are any comments on the amendment. Number 268 REPRESENTATIVE JAMES states she would support a five-year permit, but coordinating driver's license renewals and concealed carry permit renewals would be a very hard thing to do. Number 278 CHAIRMAN LEMAN states he understood Senator Taylor's amendment as simply allowing for coordination sometime in the future. Number 283 MR. SWACKHAMMER states Senator Taylor's amendment would change the fiscal impact of HB 351 slightly. More importantly, though, the way the bill is written, a holder of a permit would only have to go through competency training once every ten years. SENATOR TAYLOR replies he intends to ask for an amendment changing competency training to once every five years also. Number 304 MR. SWACKHAMMER states he would support the retraining or refresher course. Number 309 CHAIRMAN LEMAN asks if there is any discussion or objection to Senator Taylor's amendment requiring renewal of concealed carry permits from once every four years, to once every five years. Hearing no objection, the chairman states amendment #4 has been adopted. Number 313 SENATOR TAYLOR makes a motion to amend on page 6, line 28, eliminate the words, "second time and every other...". Senator Taylor comments that won't work. SENATOR MILLER advises Senator Taylor to just drop the words, "for the second time and every other renewal thereafter...". SENATOR TAYLOR says that language will work. Number 325 CHAIRMAN LEMAN restates amendment #5, by Senator Taylor, dropping the language, "for the second time and every other renewal thereafter...". CHAIRMAN LEMAN asks if there is any discussion or objection to the amendment. Hearing none, the chairman states he will object to the amendment. SENATOR TAYLOR asks the chairman to discuss the amendment. Senator Taylor asks the chairman if he wants the training to go to once every ten years, which would be the effect of the amendment failing. CHAIRMAN LEMAN replies he would like the training requirement to be once every ten years. SENATOR MILLER asks for an at ease. Number 333 CHAIRMAN LEMAN states the committee will stand at ease. Number 335 CHAIRMAN LEMAN calls the Senate State Affairs Committee back to order. The chairman states amendment #5 is before the committee. The chairman asks that the role be called on the adoption of amendment #5. Amendment #5 is approved by a vote of 2 yeas, 1 nay, and 2 absent, with Senators Miller and Taylor voting in favor of the amendment, Chairman Leman voting against the amendment, and Senators Duncan and Ellis absent. Number 340 SENATOR TAYLOR makes a motion to adopt amendment #6. On page 5, line 5, add language stating, "been ordered by a court to complete...". Senator Taylor's intent is that people voluntarily submitting to alcohol treatment not be penalized. CHAIRMAN LEMAN asks if there is any comment regarding amendment #6. Number 358 MR. SWACKHAMMER comments he understands Senator Taylor's intent. Number 360 CHAIRMAN LEMAN asks if that same conceptual amendment would apply to paragraph (15). SENATOR TAYLOR responds he is not willing to go along with that one. If a person is using illegal substances, they've got other major problems that they wouldn't get a permit for anyhow. Number 365 MR. SWACKHAMMER asks how "ordered" would be defined. Would that be by a court order? SENATOR TAYLOR states "ordered" would be defined as court ordered. Number 373 CHAIRMAN LEMAN asks if anyone wishes to comment on amendment #6. Number 378 SENATOR TAYLOR makes a motion to adopt amendment #6. CHAIRMAN LEMAN asks if there is discussion or objection to amendment #6. Hearing none, the chairman states amendment #6 has been adopted. Number 382 SENATOR TAYLOR makes a motion to discharge HB 351 from the Senate State Affairs Committee with individual recommendations. Number 384 CHAIRMAN LEMAN, hearing no objection, orders HB 351 released from committee with individual recommendations.
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