Senate Bill No. 305

(By Senators Sypolt and Barnes)

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[Introduced February 19, 2009; referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-25 of said code; to amend said code by adding thereto a new section, designated §15-2-25c; and to amend said code by adding thereto a new section, designated §30-29-11, all relating to requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide as provided in the federal Law Enforcement Officers Safety Act of 2004; establishing procedure for a retired or medically discharged member of the State Police to appeal a denial of a letter of authorization to carry concealed handguns; providing that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed handguns is considered a West Virginia concealed handgun license for the purpose of participating in reciprocity with other states; providing that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off-duty; requiring West Virginia law-enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law Enforcement Officers Safety Act of 2004; establishing program for issuing special qualified retired law-enforcement officer concealed firearm license by the State Police; authorizing legislative rules; and providing that special qualified retired law-enforcement officer concealed firearm license is cumulative and supplemental.

Be it enacted by the Legislature of West Virginia:
That §7-4-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §15-2-25 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §15-2-25c; and that said code be amended by adding thereto a new section, designated §30-29-11, all to read as follows:

CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.



ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-1. Duties of prosecuting attorney; further duties upon request of Attorney General.

(a) It shall be the duty of The prosecuting attorney to shall attend to the criminal business of the state in the county in which he the prosecuting attorney is elected and qualified. and When he the prosecuting attorney has information of the violation of any penal law committed within such the county in which the prosecuting attorney is elected and qualified, he the prosecuting attorney shall institute and prosecute all necessary and proper proceedings against the offender and may in such case issue or cause to be issued a summons for any witness he may deem the prosecuting attorney considers material. Every public officer shall give him the prosecuting attorney information of the violation of any penal law committed within his the county in which the prosecuting attorney is elected and qualified. It shall also be the duty of The prosecuting attorney to shall attend to civil suits in such the county in which the prosecuting attorney is elected and qualified, in which the state or any department, commission, or board, thereof or other instrumentality of the state is interested, and to advise, attend to, bring, prosecute or defend, as the case may be, all matters, actions, suits and proceedings in which such the county or any county board of education is interested.
(b) Any prosecuting attorney or assistant prosecuting attorney who elects to carry a concealed firearm pursuant to the federal Law Enforcement Officers Safety Act, 18 U.S.C. §926B, shall undergo annual firearms training and certification established by the sheriff's department of his or her county, similar to that which is provided to members of the sheriff's department eligible for training and certification under 18 U.S.C. §926B, and which shall reasonably accommodate any physical disability of the trainee. Any prosecuting attorney or assistant prosecuting attorney who elects to undergo training and certification pursuant to this subsection shall provide, at his or her own expense, a suitable firearm and any ammunition actually expended in training and certification pursuant to this subsection. Upon completion of training and certification pursuant to this subsection, each prosecuting attorney or assistant prosecuting attorney shall be issued a photographic identification and certification card, suitable to be carried in a wallet, valid for one year, which shall contain the name, title, official address, full-face color photograph of said prosecuting attorney or assistant prosecuting attorney, the sheriff's signature, the expiration date, the words "qualified law-enforcement officer under 18 U.S.C. §926B" in conspicuous type and shall indicate completion of periodic training consistent with this subsection and 18 U.S.C. §926B. Prosecuting attorneys and assistant prosecuting attorneys shall have all the rights and authorities necessary in order to comply with 18 U.S.C. §926B and receive the rights, benefits, privileges and immunities conferred under 18 U.S.C. §926B. This subsection is supplemental and additional to existing rights to bear arms, and nothing in this subsection shall impair or diminish such rights.
(c) It shall be the duty of The prosecuting attorney to shall keep his or her office open in the charge of a responsible person during the hours polls are open on general, primary and special county-wide election days, and the prosecuting attorney, or his assistant prosecuting attorneys, if any, shall be available for the purpose of advising election officials. It shall be the further duty of The prosecuting attorney, when requested by the Attorney General, to shall perform or to assist the Attorney General in performing, in the county in which he the prosecuting attorney is elected and qualified, any legal duties required to be performed by the Attorney General, and which are not inconsistent with the duties of the prosecuting attorney as the legal representative of such the county. It shall also be the duty of The prosecuting attorney, when requested by the Attorney General, to shall perform or to assist the Attorney General in performing any legal duties required to be performed by the Attorney General, in any county other than that the county in which such the prosecuting attorney is elected and qualified, and for the performance of any such duties in any county other than that the county in which such the prosecuting attorney is elected he and qualified, the prosecuting attorney shall be paid his or her actual expenses.
(d) Upon the request of the Attorney General, the prosecuting attorney shall make a written report of the state and condition of the several causes all cases in which the state is a party, pending in his the county, and upon any matters referred to him the prosecuting attorney by the Attorney General as provided by law.
CHAPTER 15. PUBLIC SAFETY.

 ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-25. Rules generally; carrying of weapons upon retirement or medical discharge.

(a) Subject to the written approval of the Governor and the provisions of this article, the superintendent may make and promulgate proper rules for the government, discipline and control of the West Virginia State Police and shall also cause to be established proper rules for the examinations of all applicants for appointment thereto. The members of the West Virginia State Police shall be permitted to carry arms and weapons and no license may be required for the privilege.
(b) Upon retirement or medical discharge from the West Virginia State Police and with the written consent of the superintendent, any retired or medically discharged member who is not prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting a handgun may carry a handgun handguns and concealed weapons without a license for the life of the member following retirement or medical discharge notwithstanding the provisions of article seven, chapter sixty-one of this code as if the member were licensed under section four, article seven, chapter sixty-one of this code: Provided, That the superintendent's written letter of consent authorization to carry a handgun handguns and concealed weapons may not last for more than five years at a time and a retired or medically discharged member who wishes to continue to carry a handgun handguns and concealed weapons beyond five years of the date of his or her initial retirement or medical discharge must request and obtain a renewal of the superintendent's written permission authorization to carry a handgun handguns and concealed weapons at least once every five years. A retired or medically discharged member desiring to carry a handgun handguns and concealed weapons after retirement or medical discharge must provide his or her own handgun. Upon request, each member shall be presented with a letter certificate of authorization signed by the superintendent authorizing the retired or medically discharged member to carry a handgun handguns and concealed weapons. The written certificate of authorization shall be carried by the retired or medically discharged member at all times that he or she has a handgun concealed weapon on or about his or her person. The superintendent may not issue a letter certificate of authorization to, and shall revoke any current certificate of authorization issued to, any retired or medically discharged member who is prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting a handgun, who is no longer employed by the State Police due to a mental disability or who the superintendent has reason just cause to believe is mentally incapacitated to the extent it would present the mental incapacity presents a threat of physical harm to one or more persons for if the member is authorized to carry a handgun or concealed weapon weapons. The superintendent may revoke the authority at any time without cause and without recourse. Conviction of the retired or medically discharged member for the commission of any felony or for a misdemeanor involving the improper or illegal use of a firearm shall cause this authority to terminate immediately without a hearing or other recourse and without any action on the part of the superintendent. The superintendent may not withhold, deny or revoke any certificate of authorization issued under this subsection without cause if the retired or medically discharged member is qualified for the authorization. The superintendent shall promulgate a legislative rule in accordance with the provisions of chapter twenty-nine-a of this code, which rule shall prescribe requirements necessary for the issuance and continuance of the authority herein granted and procedures for appealing a denial or revocation of a certificate of authorization to carry handguns and concealed weapons issued under this subsection in accordance with subsection (f) of this section. For the purpose of participation in concealed weapon license reciprocity with other states pursuant to section six-a, article seven, chapter sixty-one of this code, a valid certificate of authorization issued pursuant to this subsection shall constitute a license to carry concealed weapons issued by this state.
(c) In addition to any certificate of authorization under subsection (b) of this section, the superintendent shall make available to all eligible retired or medically discharged members of the State Police a program for annual qualification and certification to carry a concealed firearm nationwide under 18 U.S.C. §926C if that retired or medically discharged member is otherwise a qualified retired law-enforcement officer as that term is defined in 18 U.S.C. §926C, which shall reasonably accommodate any physical disability of the retired or medically-discharged member. The superintendent may not charge a retired or medically-discharged member a fee for the annual qualification and certification. However, a retired or medically-discharged member who wishes to qualify shall provide at his or her own expense a suitable firearm and the ammunition actually expended in the qualification. A retired or medically discharged member of the State Police who qualifies for both a certificate of authorization under subsection (b) of this section and qualification and certification as a qualified retired law-enforcement officer under 18 U.S.C. §926C, shall be entitled to both and the corresponding rights, benefits, privileges and immunities appertaining to each.
(d) Before issuing or renewing any certificate of authorization under subsection (b) of this section or a certification as a qualified retired law-enforcement officer under subsection (c) of this section, the superintendent shall conduct an investigation which shall verify that the retired or medically discharged member of the State Police is not prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting any firearm. This investigation shall conform to the requirements of 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) or other applicable federal law for qualifying certificates of authorization issued under subsection (b) of this section or certifications issued under subsection (c) of this section as an alternative to the national instant criminal background check system or other similar required background check for a resident of this state to purchase a firearm through a licensed firearms dealer within this state, including a background check conducted through the national instant criminal background check system and, if the retired or medically discharged member is not a citizen of the United States, an Immigration Alien Query through the United States Bureau of Immigration and Customs Enforcement.
(e) Each certificate of authority under subsection (b) of this section or certification under subsection (c) of this section, issued on or after the effective date of this subsection, shall be no larger than three and three-eighths inches wide by two and one-eighth inches long, shall be made of a hard, laminated material suitable for carrying in a wallet, similar to a driver's license, and shall contain the retired or medically discharged member's name, address, signature and full-face color photograph, the superintendent's signature, the dates of issue and expiration, the words "qualified retired law-enforcement officer under 18 U.S.C. §926C" in conspicuous type in the case of a certification under subsection (c) of this section and any other information as the superintendent considers appropriate.
(f) Any denial, revocation or termination of a retired or medically discharged member's certificate of authority under subsection (b) of this section or certification as a qualified retired law-enforcement officer under subsection (c) of this section is subject to article five, chapter twenty-nine-a of this code.
(g) The superintendent shall revoke any certificate of authorization issued under subsection (b) of this section or certification as a qualified retired law-enforcement officer issued under subsection (c) of this section if the person to whom the certificate or certification was issued becomes prohibited under federal law or the laws of this state from possessing or transporting firearms. The superintendent shall immediately notify the person of the revocation in writing, delivered either by personal service or certified mail, return receipt requested. The person shall immediately surrender the revoked certificate or certification to the superintendent if served in person with the notice or within five business days if served by certified mail. Any person who knowingly fails to surrender a revoked certificate or certification as required by this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both.
(h) A certificate of authority under subsection (b) of this section and certification as a qualified retired law-enforcement officer under subsection (c) of this section shall be cumulative and supplemental to one another and to any license to carry concealed weapons under section four, article seven, chapter sixty-one or other authorization under the laws of this state to carry concealed weapons. Subsections (b) through (f) of this section are supplemental and additional to existing rights to bear arms, and nothing in subsections (b) through (f) of this section shall impair or diminish such rights.
(i) Records identifying any individual retired or medically discharged member of the State Police as holding a certificate of authority under subsection (b) of this section or certification as a qualified retired law-enforcement officer under subsection (c) of this section shall be confidential and may only be copied or inspected only by:
(1) The retired or medically discharged member of the State Police;
(2) The duly qualified conservator or guardian of the retired or medically discharged member of the State Police;
(3) The duly qualified executor or administrator of the estate of the retired or medically discharged member of the State Police, if deceased, or, in the event no executor or administrator has qualified, the next of kin of the retired or medically discharged member of the State Police;
(4) An attorney, attorney-in-fact or other agent or representative acting pursuant to a written power of attorney or other written authorization signed by the retired or medically discharged member of the State Police;
(5) A duly authorized representative of a law-enforcement agency for any official purpose or any other agency or instrumentality of federal, state or local government seeking the record in the ordinary course of performing its official duties; or
(6)(A) A person authorized an order of any court, based upon a finding of the court that the information is sufficiently necessary to a proceeding before the court to substantially outweigh the importance of maintaining the confidentiality established by this subsection, to copy or inspect the information protected by this subsection.
(B) Before any court orders access to any records pursuant to this subdivision, the court shall order the moving party to give each affected applicant or licensee notice of the proceedings, the request for confidential records under this subsection and the opportunity of affected persons to confidentially intervene and object to the request by directing the superintendent to print and mail by first-class mail to each affected person, the costs for which the moving party must prepay in full to the superintendent, and perform this notification in a manner not inconsistent with the confidentiality provisions of this subsection.
§15-2-25c. Certification to carry concealed firearm by qualified retired law-enforcement officers.

(a) Not later than September 1, 2009, the superintendent shall establish a program for training and certifying qualified retired law-enforcement officers who reside in this state to carry concealed firearms under the provisions of 18 U.S.C. §926C. The superintendent shall propose legislative rules to implement this program and shall initially promulgate those rules on an emergency basis.
(b) The rules promulgated pursuant to subsection (a) of this section shall:
(1) Make all necessary provisions to create a program open to all residents of this state entitled by virtue of past employment to be considered qualified retired law-enforcement officers within the meaning of 18 U.S.C §926C and who elect to become so certified are, in fact, promptly qualified and certified so as to obtain all rights, benefits, privileges and immunities of 18 U.S.C. §926C, on a uniform, nondiscretionary basis;
(2) Provide that the required training and other qualification shall be offered at least once quarterly in each county of this state in which a State Police Troop Headquarters is located and in any other counties of this state designated by the superintendent;
(3) Provide that the opportunities for qualification and certification shall be advertised on-line at the official website of the West Virginia State Police, by mail to appropriate private organizations in contact with retired law-enforcement officers and by publication in the State Register;
(4) Provide that the certificate issued to a qualified law-enforcement officer under this program shall be no larger than three and three-eighths inches wide by two and one-eighth inches long and shall be made of a hard, laminated material suitable for carrying in a wallet, similar to a driver's license, and shall contain the words "qualified retired law-enforcement officer under 18 U.S.C. §926C" in conspicuous type;
(5) Provide that all documents a qualified retired law-enforcement officer is required to file with the superintendent under this section may be filed by mailing them to the headquarters of the State Police, by delivering them in person to the headquarters of the State Police or any troop headquarters or detachment or by any other method the superintendent may authorize;
(6) Provide that the provisions of article five, chapter twenty-nine-a of this code shall apply to any denial, suspension or revocation of any certification under the program;
(7) Provide that any person who wishes to qualify under this program shall provide, at his or her own expense, a suitable firearm and ammunition actually expended in the qualification; and
(8) Provide that qualification under this program shall reasonably accommodate any physical disability of an applicant.
(c) The rules promulgated pursuant to subsection (a) of this section may establish a qualification and training fee of not more than $25 per year per applicant. There is hereby created in the State Treasury a special revenue revolving fund known as the State Police Qualified Retired Law Enforcement Officer Training and Certification Fund, which shall be an interest-bearing account. The fee authorized under this subsection shall be deposited into this fund. This fund may be expended solely for the purpose of defraying the costs incurred by the State Police in administering the program established pursuant to this section.
(d) Before issuing or renewing any certificate under this section, the superintendent shall conduct an investigation which shall verify that the applicant is a qualified law-enforcement officer and is not prohibited by federal law or section seven, article seven, chapter sixty-one from possessing or transporting any firearm. This investigation shall conform to the requirements of 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) or other applicable federal law for qualifying certificates issued under this section as an alternative to the national instant criminal background check system or other similar required background check for a resident of this state to purchase a firearm through a licensed firearms dealer within this state, including a background check conducted through the national instant criminal background check system and, if the applicant is not a citizen of the United States, an Immigration Alien Query through the United States Bureau of Immigration and Customs Enforcement.
(e) The superintendent and any employee or agent thereof is immune from civil liability as the result of the lawful performance of his or her duties under this section and the rules adopted pursuant to this section.
(f) In this section, the definitions specified in 18 U.S.C. §926C shall apply.
(g) A certification as a qualified retired law-enforcement officer under this section is cumulative and supplemental to any license to carry concealed weapons under section four, article seven, chapter sixty-one of this code or other authorization under the laws of this state to carry concealed weapons. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights.
(h) The superintendent shall revoke any certification as a qualified retired law-enforcement officer under this section if the person to whom the certification was issued becomes prohibited by federal law or the laws of this state from possessing or transporting firearms. The superintendent shall immediately notify the person of the revocation in writing, delivered either by personal service or certified mail, return receipt requested. The person shall immediately surrender the revoked certification to the superintendent if served in person with the notice or within five business days if served by certified mail. Any person who knowingly fails to surrender a revoked certification as required by this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both.
(i) The names, addresses and other personally-identifying information of any qualified retired law-enforcement officer who applies for or has been issued a certificate of qualification under this section or otherwise participates in a program under this section is not a public record and may only be copied or inspected only by:
(1) The qualified retired law-enforcement officer;
(2) The duly qualified conservator or guardian of the qualified retired law-enforcement officer;
(3) The duly qualified executor or administrator of the estate of the qualified retired law-enforcement officer, if deceased, or, in the event no executor or administrator has qualified, the next of kin of the deceased qualified retired law-enforcement officer;
(4) An attorney, attorney-in-fact or other agent or representative acting pursuant to a written power of attorney or other written authorization signed by the qualified retired law-enforcement officer;
(5) A duly authorized representative of a law-enforcement agency for any official purpose or any other agency or instrumentality of federal, state or local government seeking the record in the ordinary course of performing its official duties; or
(6)(A) A person authorized an order of any court, based upon a finding of the court that the information is sufficiently necessary to a proceeding before the court to substantially outweigh the importance of maintaining the confidentiality established by this subsection, to copy or inspect the information protected by this subsection.
(B) Before any court orders access to any records pursuant to this subdivision, the court shall order the moving party to give each affected person notice of the proceedings, the request for confidential records under this subsection and the opportunity of affected persons to confidentially intervene and object to he request by directing the superintendent to print and mail by first-class mail to each affected person, the costs for which the moving party must prepay in full to the superintendent, and perform this notification in a manner not inconsistent with the confidentiality provisions of this subsection.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
30-29-11. Law-enforcement officers to receive certification to carry concealed firearms under federal Law Enforcement Officers Safety Act of 2004.

(a) Every qualified law-enforcement officer employed by a West Virginia law-enforcement agency shall receive the training and certification required to be considered a qualified law-enforcement officer under 18 U.S.C. §926B to carry a concealed firearm nationwide as provided therein. It is the duty of each law-enforcement official to provide to each qualified law-enforcement officer under his or her command the identification prescribed therein. A West Virginia law-enforcement agency may not charge any officer any fees or costs for issuing the certification. This subsection may not be construed to require nor prohibit a law-enforcement agency from permitting, requiring or prohibiting a law-enforcement officer to carry his or her agency-owned service weapon off-duty.
(b)(1) Every West Virginia law-enforcement agency shall, at least once annually, notify each honorably retired law-enforcement officer who retired from that agency of the provisions of 18 U.S.C. §926C that permit a qualified retired law-enforcement officer to carry a concealed firearm nationwide. Each agency shall permit a retired officer who meets the eligibility requirements of this law to receive the training and certification required for the retired officer to qualify as a qualified retired law-enforcement officer as provided in 18 U.S.C. §926C. Each qualifying retired officer shall be offered the required annual recertification as provided in 18 U.S.C. §926C, which shall reasonably accommodate any physical disability of the retired officer.
(2) Each retired officer who qualifies under this subsection shall be issued a photo identification that shall be no larger than three and three-eighths inches wide by two and one-eighth inches long, shall be made of a hard, laminated material suitable for carrying in a wallet, similar to a driver's license, and shall contain the qualified retired law-enforcement officer's name, address, signature and full-face color photograph, the signature of the chief law-enforcement official of the issuing agency, the dates of issue and expiration, the words "Qualified retired law-enforcement officer under 18 U.S.C. §926C" in conspicuous type and any other information as the chief law-enforcement official of the issuing agency considers appropriate.
(3) Before issuing or renewing any certification as a qualified retired law-enforcement officer under this subsection, the certifying agency shall conduct an investigation which shall verify that the retired officer is not prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting any firearm. This investigation shall conform to the requirements of 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) or other applicable federal law for qualifying certifications issued under this subsection as an alternative to the national instant criminal background check system or other similar required background check for a resident of this state to purchase a firearm through a licensed firearms dealer within this state, including a background check conducted through the national instant criminal background check system and, if the retired officer is not a citizen of the United States, an Immigration Alien Query through the United States Bureau of Immigration and Customs Enforcement.
(4) A West Virginia law-enforcement agency may not charge its retired officers a fee for annual qualification and certification under this subsection. However, the person who wishes to qualify shall provide, at his or her own expense, a suitable firearm and any ammunition actually expended in the qualification.
(5) The law-enforcement official who issued a certification under this subsection shall revoke any certification under this subsection if the retired officer to whom the certification was issued becomes prohibited by federal law or the laws of this state from possessing or transporting firearms. The issuing law-enforcement official shall immediately notify the retired officer of the revocation in writing, delivered either by personal service or certified mail, return receipt requested. The person shall immediately surrender the revoked certification to the issuing law-enforcement official if served in person with the notice or within five business days if served by certified mail. Any person who knowingly fails to surrender a revoked certification as required by this subdivision is guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both.
(c) A certification as a qualified law-enforcement officer or qualified retired law-enforcement officer under this section shall be cumulative and supplemental to any license to carry concealed weapons under section four, article seven, chapter sixty-one of this code or other authorization under the laws of this state to carry concealed weapons. This section is supplemental and additional to existing rights to bear arms, and nothing in this section impairs or diminishes these rights.
(d) The names, addresses and other personally-identifying information of any qualified retired law-enforcement officer who applies for or has been issued a certificate of qualification under subsection (b) of this section or otherwise participates in a program under subsection (b) of this section is not public record and may only be copied or inspected only by:
(1) The qualified retired law-enforcement officer;
(2) The duly qualified conservator or guardian of the qualified retired law-enforcement officer;
(3) The duly qualified executor or administrator of the estate of the qualified retired law-enforcement officer, if deceased, or, in the event no executor or administrator has qualified, the next of kin of the deceased qualified retired law-enforcement officer;
(4) An attorney, attorney-in-fact or other agent or representative acting pursuant to a written power of attorney or other written authorization signed by the qualified retired law-enforcement officer; or
(5) A duly authorized representative of a law-enforcement agency for any official purpose or any other agency or instrumentality of federal, state or local government seeking the record in the ordinary course of performing its official duties;
(6)(A) A person authorized an order of any court, based upon a finding of the court that the information is sufficiently necessary to a proceeding before the court to substantially outweigh the importance of maintaining the confidentiality established by this subsection, to copy or inspect the information protected by this subsection.
(B) Before any court orders access to any records pursuant to this subdivision, the court shall order the moving party to give each affected person notice of the proceedings, the request for confidential records under this subsection and the opportunity of affected persons to confidentially intervene and object to the request by directing the applicable law-enforcement official to print and mail by first-class mail to each affected person, the costs for which the moving party must prepay in full to the law-enforcement official, and perform this notification in a manner not inconsistent with the confidentiality provisions of this subsection.

NOTE: The purpose of this bill is to require all law-enforcement agencies in this state to certify qualified law-enforcement officers to carry concealed firearms nationwide as provided by the federal Law Enforcement Officers Safety Act of 2004 and require law-enforcement agencies to provide qualified retired law-enforcement officers the opportunity to be certified to carry concealed firearms nationwide, as provided in the Act.
Strike-throughs indicate language which would be eliminated; underscoring indicates new language which would be added.
§15-2-25c and §30-29-11 are new; therefore, strike-throughs and underscoring have been omitted.