STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 2020	By:	 Roberts (Sean)

AS INTRODUCED

An Act relating to school safety; creating the Oklahoma Safe Schools Handgun Licensing Act; providing short title; stating powers and duties of the Council on Law Enforcement Education and Training; providing qualifications for applicants; requiring applicants to undergo a psychological evaluation; providing guidelines for use of evaluation; authorizing licensed persons to carry a handgun anywhere in the state; providing application procedures; stating costs of original and renewal licenses; providing guidelines for issuing, renewing and suspending licenses; directing fees from licenses to be deposited into certain revolving fund; stating term of license; making certain acts unlawful; providing penalties; creating the CLEET Safe Schools Training Revolving Fund; stating purpose of fund; directing use of appropriated funds; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3311.14 of Title 70, unless there is created a duplication in numbering, reads as follows:
Sections 1 through 3 of this act shall be known and may be cited as the “Oklahoma Safe Schools Handgun Licensing Act”.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3311.15 of Title 70, unless there is created a duplication in numbering, reads as follows:
The Council on Law Enforcement Education and Training (CLEET) shall have the following powers and duties:
1.  Promulgate rules to carry out the purpose of the Oklahoma Safe Schools Handgun Licensing Act;
2.  Establish and enforce standards governing the training of persons licensed pursuant to the Oklahoma Safe Schools Handgun Licensing Act;
3.  Establish minimum curriculum requirements for firearms training as the Council may require for teachers and school personnel which shall not exceed seventy-two (72) hours of instruction;
4.  Issue the handgun licenses provided for in the Oklahoma Safe Schools Handgun Licensing Act;
5.  Investigate alleged violations of the Oklahoma Safe Schools Handgun Licensing Act or rules relating thereto and to deny, suspend, or revoke licenses if necessary, or to issue notices of reprimand to licensees under rules to be prescribed by the Council;
6.  Provide all forms for applications and licenses required by the Oklahoma Safe Schools Handgun Licensing Act;
7.  To immediately suspend a license if the actions of a licensee present a danger to the licensee or to the public; and
8.  To require additional testing for continuation or reinstatement of a license if a licensee exhibits an inability to exercise reasonable judgment, skill, or safety.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3311.16 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  A Safe Schools Handgun License may be issued to an applicant meeting the following qualifications.  The applicant shall:
1.  Be a citizen of the United States;
2.  Be at least twenty-one (21) years of age;
3.  Have successfully completed training requirements for the Safe Schools Handgun License, as prescribed by the Council;
4.  Be of good moral character;
5.  Not have a record of a felony conviction; and
6.  Make a statement that the applicant is not currently undergoing treatment for mental illness, condition, or disorder, make a statement whether the applicant has ever been adjudicated incompetent or committed to a mental institution, and make a statement regarding any history of illegal drug use or alcohol abuse.  Upon presentation by the Council on Law Enforcement Education and Training of the name, gender, date of birth, and address of the applicant to the Department of Mental Health and Substance Abuse Services, the Department of Mental Health and Substance Abuse Services shall notify the Council within ten (10) days whether the computerized records of the Department indicate the applicant has ever been involuntarily committed to an Oklahoma state mental institution.  For purposes of this subsection, “currently undergoing treatment for a mental illness, condition, or disorder” means the person has been diagnosed by a licensed physician or psychologist, as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life and such condition continues to exist.
B.  Each applicant for a Safe Schools Handgun License shall be administered any current standard form of the Minnesota Multiphasic Personality Inventory (MMPI), or other psychological evaluation instrument approved by the Council which shall be administered during the firearms training phase required by Section 2 of this act.  The training school administering such instrument shall forward the response data to a psychologist licensed by the State Board of Examiners of Psychologists for evaluation.  The licensed psychologist shall be of the applicant’s choice.  It shall be the responsibility of the applicant to bear the cost of the psychological evaluation.
C.  If the licensed psychologist is unable to certify the applicant’s psychological capability to exercise appropriate judgment, restraint, and self-control, after evaluating the data, the psychologist shall employ whatever other psychological measuring instruments or techniques deemed necessary to form a professional opinion.  The use of any psychological measuring instruments or techniques shall require a full and complete written explanation to the Council on Law Enforcement Education and Training.
D.  The psychologist shall forward a written psychological evaluation, on a form prescribed by the Council, to the Council within fifteen (15) days of the evaluation, even if the applicant is found to be psychologically at risk.  The Council may utilize the results of the psychological evaluation for up to six (6) months from the date of the evaluation after which the applicant shall be reexamined.  No person who has been found psychologically at risk in the exercise of appropriate judgment, restraint, or self-control shall reapply for licensing until one (1) year from the date of being found psychologically at risk.
E.  Any teacher or school personnel issued a Safe Schools Handgun License shall be authorized to carry a handgun on his or her person anywhere in the state including public or private school property; provided, the person is in possession of a valid driver license and a valid Safe Schools Handgun License.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3311.17 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  1.  Application for a Safe Schools Handgun License shall be made on forms provided by the Council on Law Enforcement Education and Training and shall be submitted in writing by the applicant under oath.  The application shall require the applicant to furnish information reasonably required by the Council to implement the provisions of the Oklahoma Safe Schools Handgun Licensing Act, including classifiable fingerprints to enable the search of criminal indices for evidence of a prior criminal record, including, but not limited to, a national criminal history record check as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.
2.  Upon request of the Council, the Oklahoma State Bureau of Investigation and other state and local law enforcement agencies shall furnish a copy of any existent criminal history data relating to an applicant, including investigation reports which are otherwise required by law to be deemed confidential, to enable the Council to determine the qualifications and fitness of such applicant for a license.
B.  The original application and any Safe Schools Handgun License renewal shall be accompanied by a fee of One Hundred Dollars ($100.00).  In addition to the original application fee, the applicant shall pay a nonrefundable fee for a national criminal history record with fingerprint analysis, as provided in Section 150.9 of Title 74 of the Oklahoma Statutes.
C.  A licensee whose Safe Schools Handgun License has been suspended may apply for reinstatement of the license after the term of the suspension has passed.  Any application for reinstatement following a suspension of licensure shall be accompanied by a nonrefundable fee of Fifty Dollars ($50.00).
D.  A licensee who fails to file a renewal application on or before the expiration of a license shall pay a late fee of Twenty-five Dollars ($25.00).
E.  The fees charged and collected pursuant to the provisions of this section shall be apportioned and deposited to the credit of the CLEET Safe Schools Training Revolving Fund created pursuant to Section 6 of this act
F.  A Safe Schools Handgun License shall be valid for a period of five (5) years and may be renewed for additional five-year terms.
G.  A Safe Schools Handgun License shall be subject to denial, suspension, revocation, disciplinary penalty or fine by the Council on Law Enforcement Education and Training subject to the Administrative Procedures Act for the following reasons:
1.  Any erroneous or false statement in an application for a Safe Schools Handgun License submitted pursuant to Section 3 of this act;
2.  Failure to successfully complete any prescribed course of firearms training as required by the Council;
3.  Violation of a provision of the Oklahoma Safe Schools Handgun Licensing Act or a rule promulgated pursuant to the act; or
4.  A conviction for any felony.
H.  Upon the effective date of suspension or revocation of any license, the licensee shall have the duty to surrender the license and any identification card issued pursuant thereto to the Council.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3311.18 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  Any person violating any provision of the Oklahoma Safe Schools Handgun Licensing Act or a rule or regulation promulgated pursuant to the Oklahoma Safe Schools Handgun Licensing Act shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
B.  Any person who willfully makes a false statement, knowing such statement is false, in any application to the Council on Law Enforcement Education and Training for a license pursuant to the Oklahoma Safe Schools Handgun Licensing Act or who otherwise commits a fraud in connection with such application shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3311.19 of Title 70, unless there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund for the Council on Law Enforcement Education and Training to be designated the “CLEET Safe Schools Training Revolving Fund”.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the credit of the fund pursuant to Section 4 of this act.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Council on Law Enforcement Education and Training for the purpose of providing firearms training programs for teachers and school personnel.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
SECTION 7.  This act shall become effective November 1, 2013.

54-1-6350	GRS	01/14/13