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Minutes for SB108 - Committee on Federal and State Affairs

Short Title

Personal and family protection act and public employer liability.

Minutes Content for Wed, Feb 8, 2017

Chairperson LaTurner opened the hearing on SB 108-

Senator Tom Hawk spoke in support of the bill. The county commissioners in his district raised the possibility that they would be liable for the actions of county employees who might act in an irresponsible or negligent manner with a firearm.  He also put forth an amendment to correct this concern.  There is the "simple" insertion on p2 section 1 (e) "Public employers shall not be liable for any wrongful or negligent act of an employee carrying a concealed handgun, concerning acts or omissions regarding such handguns." (Attachment  1)

Mr. Eric B. Smith stated that SB 108 amends K.S.A. 75-7c10(e) by making a clear statement that a public employer is immune and not responsible for any negligent act committed by an employee if it is related to the employee's decision to carry a concealed handgun. He put forth an amendment to this effect adding "not being carried in the course and scope of their employment".(Attachment  2)

Nathan Eberline also testified in support of SB 108 and the amendment put forth by Mr. Smith .(Attachment  3)

The following testimony was submitted as written only and in support of SB 108.

City of Manhattan (Attachment  4)

Riley County (Attachment  5)

City of Overland Park (Attachment  6)

Ed Klumpp (Attachment  7)

Chairperson LaTurner closed the hearing on SB 108.