State of South Dakota  

466U0482   SENATE STATE AFFAIRS ENGROSSED    NO.  HB 1087 -  02/25/2013  

Introduced by:    Representatives Craig, Bolin, Campbell, Ecklund, Gosch, Heinemann (Leslie), Hickey, Kopp, Lust, May, Olson (Betty), Qualm, Schoenfish, Sly, Stalzer, Steele, Verchio, and Wick and Senators Tieszen, Begalka, Bradford, Ewing, Jensen, Kirkeby, Lederman, Maher, Novstrup (Al), Omdahl, and Rhoden

        FOR AN ACT ENTITLED, An Act to provide for the creation of school sentinel programs and for the training of school sentinels.
    Section 1. Any school board may create, establish, and supervise the arming of school employees, hired security personnel, or volunteers in such manner and according to such protocols as the board may believe to be most likely to secure or enhance the deterrence of physical threat and defense of the school, its students, its staff, and members of the public on the school premises against violent attack. Those so authorized shall be referred to as school sentinels.
    Section 2. Before any school board may implement any school sentinel program pursuant to section 1 of this Act, or effect any material changes in the personnel or protocols of the school sentinel program, the school board shall obtain the approval of the law enforcement official who has jurisdiction over the school premises. Any material changes in the school sentinel program's

personnel or protocols shall be reported to all law enforcement agencies with jurisdiction over the school premises forthwith.
    Section 3. Any person who acts as a school sentinel, pursuant to section 1 of this Act, shall first successfully complete a school sentinel training course as defined by the Law Enforcement Officers Standards Commission pursuant to subdivision 23-3-35(16).
    Section 4. No school board, in implementing the provisions of section 1 of this Act, may arm any individual teacher or other school employee without the latter's free, willing, and voluntary consent. No individual teacher or other school employee may be censured, criticized, or discriminated against for unwillingness or refusal to carry firearms pursuant to this Act.
    Section 5. No provision of § 13-32-7 or any other provisions of state statute is effective to restrict or limit the provisions of this Act. However, nothing in this Act authorizes any person to carry a concealed weapon without a valid permit.
    Section 6. The failure or refusal of any school board to implement a school sentinel program does not constitute a cause of action against the board, the school district, or any of its employees.
    Section 7. That § 23-3-35 be amended to read as follows:
    23-3-35. In addition to powers conferred upon the Law Enforcement Officers Standards Commission elsewhere in this chapter, the commission may:

            (1)    Promulgate rules for the administration of §§ 23-3-26 to 23-3-47, inclusive, including the authority to require the submission of reports and information by law enforcement agencies within this state;
            (2)    Establish minimum educational and training standards for admission to employment as a law enforcement officer:
            (a)    In permanent positions; and
            (b)    In temporary or probationary status;
            (3)    Certify persons as being qualified under the provisions of §§ 23-3-26 to 23-3-47, inclusive, to be law enforcement officers, and by rule to establish criteria and procedure for the revocation or suspension of the certification of officers who have been convicted of a felony or misdemeanor involving moral turpitude, have intentionally falsified any application or document to achieve certification, or have been discharged from employment for cause, or have engaged in conduct unbecoming of a law enforcement officer;
            (4)    Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs for schools operated by or for the state or any political subdivisions of the state for the specific purpose of training recruits or other law enforcement officers;
            (5)    Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and with universities, colleges, junior colleges, and other institutions concerning the development of law enforcement training schools and programs or courses of instruction;
            (6)    Approve institutions and facilities for school operation by or for the state or any political subdivision of the state for the specific purpose of training law enforcement officers and recruits;
            (7)    Make or encourage studies of any aspect of police administration;
            (8)    Conduct and stimulate research by public and private agencies which is designed to improve police administration and law enforcement;
            (9)    Make recommendations concerning any matter within its purview pursuant to §§ 23-3-26 to 23-3-47, inclusive;
            (10)    Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of §§ 23-3-26 to 23-3-47, inclusive;
            (11)    Adopt and amend bylaws, consistent with law, for its internal management and control;
            (12)    Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to §§ 23-3-26 to 23-3-47, inclusive;
            (13)    License and regulate the activities of private or law enforcement polygraph and computer voice stress analyzer examiners;
            (14)    Certify canine teams; and
            (15)    Establish minimum educational and training standards for newly selected county coroners and advanced training standards for incumbant incumbent county coroners;
            (16)    Establish minimum educational and training standards for school sentinels authorized in section 1 of this Act.
    Section 8. That § 13-32-7 be amended to read as follows:
    13-32-7. Any person, other than a law enforcement officer or school sentinel acting pursuant to section 1 of this Act, who intentionally carries, has in his possession, stores, keeps, leaves, places, or puts into the possession of another person, any firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended primarily for imitative or noisemaking purposes, or any dangerous weapon, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions, whether or not any person is endangered by such actions, is guilty of a Class 1 misdemeanor. This section does not apply to starting guns while in use at athletic events, firearms, or air guns at firing ranges, gun shows, and supervised schools or sessions for training in the use of firearms. This section does not apply to the ceremonial presence of

unloaded weapons at color guard ceremonies.