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2011 Public Safety Update on the 62 nd Legislature . Guns, Drugs, Alcohol & Money Presented by Ali Bovingdon & Larry Epstein. 2011 Legislative Update: Guns. Gun bills passed: HB 159 (Rep. Carey Smith) , Restrict authority of FWP to regulate ammo or firearms for hunting.

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2011 public safety update on the 62 nd legislature

2011 Public SafetyUpdate on the 62nd Legislature

Guns, Drugs, Alcohol & Money

Presented by Ali Bovingdon & Larry Epstein

2011 legislative update guns
2011 Legislative Update: Guns
  • Gun bills passed:
    • HB 159 (Rep. Carey Smith), Restrict authority of FWP to regulate

ammo or firearms for hunting.

      • As introduced created a new offense of official misconduct if FWP officer “regulated” firearms outside the boundaries of HB 159 and if the CA declined to prosecute, allowed, by petition of 25 registered voters, a private attorney to prosecute offense.
      • As passed, FWP was successful in amending language mentioned out of the bill. HB 159 limits FWP authority to regulate use or possession of firearms, accessories and ammunition to:
        • restriction use of certain firearms for hunting seasons,
        • regulated use of shotguns for hunting deer and elk,
        • regulation of migratory game bird hunting and use of rifles for bird hunting
        • restriction of use based on human safety concerns
2011 legislative update guns3
2011 Legislative Update: Guns
  • Gun bills passed cont.
    • SB 279 (Sen. Verdell Jackson),Authorize legislative

security staff with concealed weapon permit to carry weapon

into the Capitol.

      • As introduced would have extended the right to legislators as well as legislative security staff.
      • Interesting side note: Sen. Jackson’s justification for the bill was story of Utah legislators pulling concealed weapons to subdue man who burst onto floor of Utah Chamber, turns out, the story wasn’t true.
2011 legislative update guns4
2011 Legislative Update: Guns
  • Thirteen gun bills killed through the efforts of public safety community.
    • HB 271 (Rep. Krayton Kerns), Expanding exception to concealed weapon permit to individuals eligible to apply.
      • Vetoed by the Governor
    • HB 384(Rep. Krayton Kerns), Revise carrying of concealed weapons in prohibited places.
      • Would have allowed concealed carry in government buildings, banks, bars, etc.
    • HB 381(Rep. Krayton Kerns), Criminalize enforcement of certain federal firearm laws.
      • Would have created misdemeanor offense for peace officer enforcing federal gun law that conflicted with provisions of the Firearms Freedom Act.
2011 legislative update guns5
2011 Legislative Update: Guns
  • Gun bills killed cont.
    • HB 448 (Rep. Krayton Kerns), Enact the Interstate Firearm Freedom Compact in MT.
      • Appears MT would have led the way, in what was described on line as “in essence, a Tenth Amendment rebellion (revolution) against unconstitutional federal gun control laws”
    • HB 174(Rep. Krayton Kerns), Repeal prohibition on firearm sound reduction devices in the field.
    • HB 435 (Rep. Derek Skees), Limit LE ability to seize firearm, set conditions for return.
      • During routine stop, would have required LE to articulate reasonable belief that person posed imminent threat of serious bodily injury in order to seize weapon for duration of the stop.
2011 legislative update guns6
2011 Legislative Update: Guns
  • Gun bills killed cont.
    • HB 201 (Rep. Wendy Warburton), Prohibit employers from restricting employee from keeping firearms in vehicle in workplace parking lot.
    • HB 368 (Rep. Wendy Warburton), Prohibit employers from restricting employee from keeping firearms in vehicle in workplace parking lot or while travelling for employer related business.
    • HB 278 (Rep. Wendy Warburton), Providing for a Voluntary State Home Guard.
2011 legislative update guns7
2011 Legislative Update: Guns
  • Gun bills killed cont.
    • HB 355 (Rep. Jerry O’Neil), Award attorneys fees for person found to have acted in self defense.
      • Fees to be paid from CA’s operating budget
    • HB 558 (Rep. Jerry O’Neil), Revise laws regarding students and firearms in school.
      • Expulsion discretionary if student brings firearm to school
      • Students could keep firearm in locked vehicle on school property
      • Violating students rights under the bill was ground for termination.
    • SB 371 (Sen. Dave Lewis), Encourage manufacture of ammunition in MT to ensure its availability.
    • SB 114 (Sen. Greg Hinkle), Sheriff’s First Bill.
      • Vetoed by the Governor.
2011 legislative update drugs
2011 Legislative Update: Drugs
  • HB 83 (Rep. Tom Berry at the request of the Attorney General), Creates a prescription drug registry.
    • Requires pharmacist to enter prescriptions for all schedule II through V drugs—potentially addictive drugs like Vicodin, Fentanyl, OxyContin, Xanax and Ritalin, also the drugs most apt to be illegally diverted and resold on the street
    • Will not include information about drugs like Amoxicillin, Lipitor, Prozac, etc.
    • LE may access the registry only through an investigative subpoena.
    • With its enactment MT joins 43 other state who have already have registries.
2011 legislative update drugs9
2011 Legislative Update: Drugs
  • SB 210 (Sen. Bruce Tutvedt), Criminalize doctor shopping.
    • Creates criminal offense for person who knowingly or

purposefully:

      • fails to disclose to a doctor that the person has received the same or similar dangerous drug from another source within the last 30 days; or
      • Communicates false or incomplete information with the intent to procure a prescription for a dangerous drug.
  • HB 185 (Rep. Tom Berry), Listing synthetic marijuana and salvia as dangerous drugs.
    • Amends schedule I drugs, 50-32-222(4), to expand definition of hallucinogenic substances to include synthetic cannabinoids.
    • Laundry list of substances, bottom line, wanted to be as inclusive as possible, call the Crime Lab for support in deciphering.
2011 legislative update drugs10
2011 Legislative Update: Drugs
  • SB 423 (Sen. Jeff Essman), Repeal of Medical Marijuana Act and enactment of new regulations governing use of marijuana.
    • No longer uses term “medical marijuana,” simply the Montana Marijuana Act
    • Creates grow your own system
      • If individual cardholder designates a provider, there may be no compensation exchanged
      • Provider can only serve 3 cardholders
    • New definition of chronic pain which requires objective proof of pain (ie.) x-ray, MRI, CT scan OR confirmation by a 2nd physician
    • Defines standard of care for physicians (no more travelling clinics)
2011 legislative update drugs11
2011 Legislative Update: Drugs
  • SB 423, Medical Marijuana, cont.
    • LE access to DPHHS cardholder database “only as necessary” to verify that individual is lawful possessor of registry identification card
    • DPHHS shall provide names of providers and marijuana infused providers to local LE in area where provider located
    • Prohibits individual from being a cardholder or provider if the person is in the custody of or under the supervision of the DOC or youth court
    • Requires fingerprint based background checks for provider and states DPHHS may not register provider if the person has a felony conviction OR conviction for a drug offense
2011 legislative update drugs12
2011 Legislative Update: Drugs
  • SB 423, Medical Marijuana, cont.
    • Legal possession amounts:
      • 4 mature plants
      • 12 seedlings
      • 1 ounce usable marijuana (defined as the dried leaves of the product)
    • Outlines places where cardholder may not use marijuana (school or school property, public transportation, public park, church, in plain view of or in place open to general public)
    • Requires cardholder to have registry card in possession at all times
    • Provides LE with reasonable cause to believe cardholder is driving under the influence of marijuana may apply for search warrant.
      • Person with THC level of 5 ng/ml may be charged with DUI (61-8-401)
    • Gives local governments express authority to regulate
2011 legislative update drugs13
2011 Legislative Update: Drugs
  • SB 423, Medical Marijuana, cont.
    • Gives authority to DPHHS or local LE agencies to conduct unnanounced inspections of registered premises during normal business hours.
      • Caveat: This provision is being directly challenged in the litigation and DOJ would advise LE to consult with the CA to determine if a search warrant should be obtained prior to such a search
    • Misdemeanor offense to violate provisions of the law
      • 6 months in jail/$500 fine
    • Misdemeanor offense for fraudulent representation to LE
      • 1 year in jail/$1000 fine
    • Prohibits advertising of marijuana or marijuana-related products
2011 legislative update alcohol
2011 Legislative Update: Alcohol
  • Positive strides made in the field of DUI enforcement.
    • HB 12 (Rep. Mike Menahan), Provide one-year jurisdiction for misdemeanor DUI/BAC offense.
      • Bill requested by the Law & Justice Interim Committiee (LJIC)
      • Extends maximum sentence for 1st, 2nd or 3rd DUI from 6 months to 1 year
    • HB 69 (Rep. Mike Menahan), Revise jail penalties for DUI court participation.
      • Bill requested by LJIC
      • Conforms sentencing for DUI per se (61-8-722, MCA) to DUI sentencing provision (61-8-714, MCA)
      • Allows court to suspend mandatory minimum sentence upon finding of risk to person’s physical or mental well being
      • Provides DUI court incentives
2011 legislative update alcohol15
2011 Legislative Update: Alcohol
  • HB 106 (Rep. Steve Lavin at the request of the Attorney General), Provide for a 24/7 sobriety program for DUI offenders.
    • Attorney General Bullock will speak about the program in detail later this morning.
    • Allows sheriffs to establish a 24/7 sobriety program in their counties.
    • Program requires twice daily breath testing for 2nd and subsequent DUI offenders.
    • Testing paid for by the offenders.
    • Allows testing to be imposed as condition of bond and as a condition of sentence.
    • Effective October 1, 2011.
2011 legislative update alcohol16
2011 Legislative Update: Alcohol
  • SB 29 (Sen. Lynda Moss), Mandatory alcohol server and sales training.
    • Bill requested by LJIC
    • Requires any person or entity licensed to sell alcoholic beverages to require its employees who serve or sell alcohol, including supervisors, to successfully complete training to ensure compliance with state law regarding the sale and service of alcoholic beverages.
    • Department of Revenue must certify training meets state standards.
    • Creates civil penalty for violation.
2011 legislative update alcohol17
2011 Legislative Update: Alcohol
  • SB 42 (Sen. Jim Shockley), Authorize warrants to obtain blood or breath test in DUI cases.
    • Bill requested by LJIC
    • Allows LE to obtain search warrant for blood samples to detect presence of drugs or alcohol
    • Authorizes warrant in DUI (61-8-401, MCA), DUI per se (61-8-406) and DUI .02 < 21 (61-8-410)
    • Amends implied consent statute to provide that person’s right to refuse to submit to a test does not preclude LE from obtaining warrant
2011 legislative update alcohol18
2011 Legislative Update: Alcohol
  • SB 15, (Sen. Larry Jent), Aggravated DUI.
    • Bill requested by LJIC
    • Aggravated DUI includes:
      • BAC .16 or >
      • Drivers license suspended or revoked as result of prior DUI
      • Person refuses to submit breath test and has previous revocation for refusal
      • Prior DUI conviction or pending charge within 3 years of offense or two prior convictions or pending charges within 7 years.
    • Penalty:
      • $1000 fine
      • Up to 1 year imprisonment
      • Participation in DUI Court and 24/7 Program if available
    • Immediate effective date (04/28/2011)
2011 legislative update money
2011 Legislative Update: Money
  • HB 135 (Rep. Carolyn Squires), Provide benefit and funding changes to Sheriff’s Retirement System.
    • Amends definition of highest average compensation for employees hired after July 1, 2011 to highest average compensation during 60 consecutive months of employment (current employees determined at 36 months).
    • Result is a 4% loss for employees hired after effective date.
    • Provision that would have increased employer contribution was amended out of the bill.
2011 legislative update money20
2011 Legislative Update: Money
  • HB 122 (Rep. Sue Malek), Provide for benefit and funding changes to public employees retirement system.
    • Amends definition of highest average compensation for employees hired after July 1, 2011 to highest average compensation during 60 consecutive months of employment (current employees determined at 36 months).
    • Increases minimum age of retirement from 60 to 65 for employees hired after effective date.
    • Increases contribution rate for new hires from 6.9% to 7.9%
    • What does all of this mean—We have no idea. Call Mark Murphy!! He was your retirement expert this session and can explain the nuances of these two bills. Seriously call him 439-3672.
2011 legislative update money21
2011 Legislative Update: Money
  • HB 334 (Rep. Scott Reichner), Generally revise workers’ compensation laws.
    • Legislature studied workers compensation issue over the 2009-2011 biennium. All of the bills, that arose from that process and that were approved by Labor Management Advisory Council were rejected early in the session.
2011 legislative update money22
2011 Legislative Update: Money
  • HB 334, Work Comp. cont.
    • Limits ER’s liability for off premises injuries while EE on personal business or break or while engaged in social or recreational activity paid for by ER.
    • Terminates medical benefits on permanent partial claims 60 months from date of injury.
      • Claim may be reopened within 5 years from date of termination through request and recommendation of medical director plus two other physicians.
    • Provides for early Stay-At-Work/Return-To-Work assistance .
2011 legislative update money23
2011 Legislative Update: Money
  • HB 334 Work Comp. cont.
    • Allows injured worker to choose initial health care provider and allows insurer to approve worker’s choice as treating physician or designate a different physician.
    • Again complicated legislation
    • Materials include one page summary prepared by Employment Relations Division, Department of Labor
    • http://erd.dli.mt.gov/workers-comp-regulations-bureau.html
    • Pam Bucy, Department of Labor
2011 legislative update conclusion
2011 Legislative Update: Conclusion
  • Thanks to everyone who helped on these issues.
  • Contact Information
    • Ali Bovingdon

abovingdon@mt.gov

(406)444-2026

    • Larry Epstein

larry.epstein@bresnan.net