Memorandum

City Attorney’s Office

City of Lawrence

 

TO:

David L. Corliss, City Manager

 

FROM:

Toni R. Wheeler, City Attorney

 

C:

Diane Stoddard & Cynthia Wagner, Assistant City Managers

Jonathan Douglass, Assistant to the City Manager

 

Date:

May 9, 2013

RE:

Legislation Regarding Firearms in Public Buildings

 

 

Please place on the City Commission’s May 14, 2013, regular agenda a recommendation to submit to the Kansas Attorney General and the Lawrence Police Department a letter exempting all City buildings from the provisions of Senate Substitute for House Bill 2052 (Sen. Sub. for HB 2052), a law concerning firearms, until January 1, 2014. 

 

Background

The 2013 Kansas Legislature passed, and the Governor signed, Sen. Sub. for HB 2052 concerning firearms.  A copy of the bill and a summary prepared by the Kansas Legislative Research Department are attached.  The legislation enacts new law and amends existing law regarding firearms, criminal law, and the Personal and Family Protection Act. 

 

Section 2 of the law provides the City an opportunity to seek a limited exemption from provisions of the bill affecting the concealed carry of handguns in city buildings until January 1, 2014, by providing written notice to the Kansas Attorney General and the Lawrence Police Department.  If the City does not seek this exemption and submit the required letter, the law goes into effect on July 1, 2013.  A summary of the provisions of the law related to weapons in public buildings follows.

 

New Section 2 of Sen. Sub. for HB 2052 allows those with concealed carry permits to carry their firearms into public buildings unless the buildings have adequate security at the building entrances to ensure no weapons are allowed into the building.  The bill defines “adequate security measures” as:

 

the use of electronic equipment and personnel at public entrances to detect and restrict the carrying of any weapons into the state or municipal building, including but not limited to, metal detector wands and other equipment used for similar purposes to ensure that weapons are not permitted to be carried into such building by members of the public.

 

New Sec. 2(l)(1), Sen. Sub. for HB 2052.

 

This law also allows public employees with concealed carry permits to carry their concealed handguns at the employee’s work place, unless the building has adequate security measures in place. The law forbids a public employer from preventing employees with the appropriate permit from carrying their handguns in the work place if the building does not have adequate security measures as defined by the law.     

 

Currently, the City prohibits concealed handguns in city buildings, on designated city grounds, and in city transit vehicles.  A copy of the administrative policy is attached.  The new state law will override this policy as it relates to city buildings.  The law will have significant consequences on city operations, and could have a substantial fiscal impact if the City Commission desires to install security equipment and personnel in city buildings open to the public.    

 

The Lawrence Police Department estimates the cost of one metal detector and related equipment similar to the equipment used at the public entrance of the Judicial and Law Enforcement Center, 111 East 11th Street, is $5,000.  The annual salary range (excluding benefits) for a police officer to be assigned to a building to operate and oversee the security system at the public entrance is $42, 119 to $70,745. Two officers may be necessary at the entrance of each secure building to effectively oversee the security system.  There may be additional costs associated with modifying walls or other building structures in the installation of the security systems. 

 

City Hall, the Lawrence Municipal Court, and the public access area of the Police Department’s Investigations and Training Center (ITC) all warrant consideration for security system installation and security personnel.  The Commission may also consider installing enhanced security measures at other city facilities including community and recreation buildings. 

 

Staff recommends the Mayor notify the Attorney General and Lawrence Police Department of the City’s exemption from the law until January 1, 2014, so that staff can study the security needs for city buildings and develop appropriate plans in light of this new law.  The cost of such security measures will also be an issue the City Manager will address in his proposed 2014 city budget.  Further, staff will evaluate whether additional exemptions are feasible.  Under the law, a governing body may seek exemptions for specific public buildings for no more than four (4) years.  To obtain the additional exemptions, the City must follow the procedures set forth in New Section 2 (i) of the law, which includes developing a security plan for each exempt building. 

 

Action Requested:  Authorize the Mayor to notify the Kansas Attorney General and the Lawrence Police Department of the City’s exemption from provisions of Senate Substitute for House Bill 2052 until January 1, 2014, if appropriate.