H.F. 172 Section 1. Section 724.4B, subsection 2, Code 2013, is 1 amended to read as follows: 2 2. Subsection 1 does not apply to the following: 3 a. A person listed under section 724.4, subsection 4 , 4 paragraphs “b” through “f” or “j” . 5 b. A school employee who possesses a valid school employee 6 permit to carry weapons pursuant to section 724.4C, if the 7 school employee goes armed with, carries, or transports any 8 firearm concealed on or about the school employee. 9 b. c. A person who has been specifically authorized by the 10 school to go armed, carry, or transport a firearm on the school 11 grounds, including for purposes of conducting an instructional 12 program regarding firearms. 13 Sec. 2. NEW SECTION . 724.7A School employee permit to carry 14 weapons. 15 1. For the purposes of this section: 16 a. “School” means a public school. 17 b. “School employee” means a person employed by a school, 18 or a person employed by an area education agency who provides 19 services to a school. 20 c. “School grounds” include school buildings, parking lots, 21 athletic fields, playgrounds, tennis courts, and any other 22 indoor or outdoor area under the control of a school. 23 2. A school employee, who is not disqualified under section 24 724.8 and who satisfies the background check and training 25 requirements of this section, shall be issued a school employee 26 permit to carry weapons which shall authorize the holder to 27 carry weapons on school grounds. 28 3. An application for a school employee permit to carry 29 weapons shall be made to the sheriff of the county in which the 30 school employee applicant resides. The sheriff, upon receipt 31 of an initial or renewal application under this section, 32 shall immediately conduct a background check concerning each 33 school employee applicant by obtaining criminal history data 34 from the department of public safety which shall include an 35 -1- LSB 1505YH (9) 85 rh/rj 1/ 7

H.F. 172 inquiry of the national instant criminal background check 1 system maintained by the federal bureau of investigation or any 2 successor agency. 3 4. A permit issued to a school employee under this section 4 shall be on a form prescribed and published by the commissioner 5 of public safety, which shall be readily distinguishable from 6 the nonprofessional permit and the professional permit, and 7 shall identify the holder of the permit. Such permits shall 8 not be issued for a particular weapon and shall not contain 9 information about a particular weapon including the make, 10 model, or serial number of the weapon or any ammunition used 11 in that weapon. All permits so issued shall be for a period of 12 five years and shall be valid throughout the state except where 13 the possession or carrying of a firearm is prohibited by state 14 or federal law. 15 5. A school employee who makes what the school employee 16 knows to be a false statement of material fact on an 17 application submitted under this section or who submits what 18 the school employee knows to be any materially falsified or 19 forged documentation in connection with such an application 20 commits a class “D” felony. 21 6. The sheriff shall approve or deny an initial or renewal 22 application submitted under this section within thirty days 23 of receipt of the application. A school employee whose 24 application for a permit under this section is denied may seek 25 review of the denial under section 724.21A. The failure to 26 approve or deny an initial or renewal application shall result 27 in a decision of approval. 28 7. a. An applicant under this section shall demonstrate 29 knowledge of firearm safety by completion of any handgun safety 30 training course available to the general public offered by a 31 law enforcement agency utilizing instructors certified by the 32 national rifle association or the department of public safety 33 or another state’s department of public safety, state police 34 department, or similar certifying body. Such training may 35 -2- LSB 1505YH (9) 85 rh/rj 2/ 7

H.F. 172 include active shooter training. 1 b. Evidence of qualification under this section may be 2 documented by any of the following: 3 (1) A photocopy of a certificate of completion or any 4 similar document indicating completion of the handgun safety 5 training course identified in this subsection. 6 (2) An affidavit from the instructor that conducted or 7 taught the handgun safety training course identified in this 8 subsection attesting to the completion of the course by the 9 applicant. 10 8. A school employee shall not be charged a fee for the cost 11 of an initial, renewal, or duplicate permit issued pursuant 12 to this section or for the cost of training pursuant to this 13 section. 14 9. A school employee who has obtained a permit to carry 15 weapons pursuant to section 724.7 but who has not completed a 16 handgun safety training course pursuant to subsection 7 shall 17 be required to complete such a course, free of charge, prior to 18 being issued a school employee permit to carry weapons. 19 10. The department of public safety shall adopt rules 20 pursuant to chapter 17A as necessary to administer this 21 section. 22 Sec. 3. Section 724.21A, Code 2013, is amended to read as 23 follows: 24 724.21A Denial, suspension, or revocation of permit to carry 25 weapons , school employee permit to carry weapons, or permit to 26 acquire pistols or revolvers. 27 1. In any case where the sheriff or the commissioner of 28 public safety denies an application for or suspends or revokes 29 a permit to carry weapons , school employee permit to carry 30 weapons, or an annual permit to acquire pistols or revolvers, 31 the sheriff or commissioner shall provide a written statement 32 of the reasons for the denial, suspension, or revocation and 33 the applicant or permit holder shall have the right to appeal 34 the denial, suspension, or revocation to an administrative 35 -3- LSB 1505YH (9) 85 rh/rj 3/ 7

H.F. 172 law judge in the department of inspections and appeals 1 within thirty days of receiving written notice of the denial, 2 suspension, or revocation. 3 2. The applicant or permit holder may file an appeal with 4 an administrative law judge by filing a copy of the denial, 5 suspension, or revocation notice with a written statement that 6 clearly states the applicant’s reasons rebutting the denial, 7 suspension, or revocation along with a fee of ten dollars. 8 Additional supporting information relevant to the proceedings 9 may also be included. 10 3. The administrative law judge shall, within forty-five 11 days of receipt of the request for an appeal, set a hearing 12 date. The hearing may be held by telephone or video conference 13 at the discretion of the administrative law judge. The 14 administrative law judge shall receive witness testimony and 15 other evidence relevant to the proceedings at the hearing. The 16 hearing shall be conducted pursuant to chapter 17A . 17 4. Upon conclusion of the hearing, the administrative law 18 judge shall order that the denial, suspension, or revocation 19 of the permit be either rescinded or sustained. An applicant, 20 permit holder, or issuing officer aggrieved by the final 21 judgment of the administrative law judge shall have the right 22 to judicial review in accordance with the terms of the Iowa 23 administrative procedure Act, chapter 17A . 24 5. The standard of review under this section shall be 25 clear and convincing evidence that the issuing officer’s 26 written statement of the reasons for the denial, suspension, or 27 revocation constituted probable cause to deny an application or 28 to suspend or revoke a permit. 29 6. The department of inspections and appeals shall adopt 30 rules pursuant to chapter 17A as necessary to carry out the 31 provisions of this section . 32 7. In any case where the issuing officer denies an 33 application for, or suspends or revokes a permit to carry 34 weapons , a school employee permit to carry weapons, or an 35 -4- LSB 1505YH (9) 85 rh/rj 4/ 7

H.F. 172 annual permit to acquire pistols or revolvers solely because 1 of an adverse determination by the national instant criminal 2 background check system, the applicant or permit holder shall 3 not seek relief under this section but may pursue relief of the 4 national instant criminal background check system determination 5 pursuant to Pub. L. No. 103-159, sections 103(f) and (g) and 6 104 and 28 C.F.R. § 25.10, or other applicable law. The 7 outcome of such proceedings shall be binding on the issuing 8 officer. 9 Sec. 4. Section 724.23, Code 2013, is amended to read as 10 follows: 11 724.23 Records kept by commissioner and issuing officers . 12 1. The commissioner of public safety shall maintain a 13 permanent record of all valid permits to carry weapons and of 14 current permit revocations. 15 2. Notwithstanding any other law or rule to the contrary, 16 the commissioner of public safety and any issuing officer shall 17 keep confidential the names and addresses of holders of school 18 employee permits to carry weapons. 19 EXPLANATION 20 This bill relates to school employees and the carrying of 21 weapons. 22 Current law provides that a person who goes armed with, 23 carries, or transports a firearm of any kind, whether concealed 24 or not, on the grounds of a school (public or nonpublic) 25 commits a class “D” felony. The law does not apply under 26 certain conditions to a peace officer, a member of the armed 27 forces of the United States or of the national guard or 28 person in the service of the United States, or a correctional 29 officer, or a person who lawfully carries an unloaded pistol, 30 revolver, or other dangerous weapon inside a closed and 31 fastened container or securely wrapped package, a person who 32 lawfully carries or transports an unloaded pistol or revolver 33 in a vehicle inside a closed and fastened container or securely 34 wrapped package or inside a cargo or luggage compartment, 35 -5- LSB 1505YH (9) 85 rh/rj 5/ 7

H.F. 172 a law enforcement officer from another state under certain 1 conditions, or a person who has been specifically authorized 2 by the school to go armed, carry, or transport a firearm on 3 the school grounds, including for purposes of conducting an 4 instructional program regarding firearms. 5 The bill expands this list of exceptions to include a school 6 employee who possesses a school employee permit to carry 7 weapons as created in the bill. 8 The bill creates a new nonprofessional weapons permit for 9 school employees. A school employee who is not disqualified 10 under Code section 724.8, who satisfies a background check, and 11 who completes a handgun safety training course available to the 12 general public offered by a law enforcement agency shall be 13 issued a school employee permit to carry weapons which shall 14 authorize the holder to carry weapons on school grounds. Under 15 the bill, “school employee” means a person employed by a public 16 school, or a person employed by an area education agency who 17 provides service to a public school. “School grounds” include 18 school buildings, parking lots, athletic fields, playgrounds, 19 tennis courts, and any other indoor or outdoor area under the 20 control of a public school. 21 The application shall be made to the sheriff of the county in 22 which the school employee resides. The sheriff must conduct a 23 background check concerning the applicant. 24 School employee permits shall be issued on a form prescribed 25 and published by the commissioner of public safety, and shall 26 be readily distinguishable from the nonprofessional permit and 27 the professional permit, and shall identify the holder of the 28 permit. Such permits shall not be issued for a particular 29 weapon and shall not contain information about a particular 30 weapon including the make, model, or serial number of the 31 weapon or any ammunition used in that weapon. All permits so 32 issued shall be for a period of five years and shall be valid 33 throughout the state except where the possession or carrying of 34 a firearm is prohibited by state or federal law. 35 -6- LSB 1505YH (9) 85 rh/rj 6/ 7

H.F. 172 A school employee who makes what the school employee knows 1 to be a false statement of material fact on an application 2 submitted under the bill or who submits what the school 3 employee knows to be any materially falsified or forged 4 documentation in connection with such an application commits a 5 class “D” felony. 6 The sheriff is required to approve or deny an initial or 7 renewal school employee permit to carry weapons application 8 within 30 days of receipt of the application. A school 9 employee whose application for a permit is denied may seek 10 review of the denial under Code section 724.21A. The failure 11 to approve or deny an initial or renewal application shall 12 result in a decision of approval. The bill makes conforming 13 changes to Code section 724.21A. 14 A school employee shall not be charged a fee for the cost 15 of an initial, renewal, or duplicate permit or for the cost of 16 training under the bill. 17 A school employee who has obtained a nonprofessional permit 18 to carry weapons but who has not completed a handgun safety 19 training course available to the general public offered by a 20 law enforcement agency shall be required to complete such a 21 course, free of charge, prior to being issued a school employee 22 permit to carry weapons. 23 The bill requires the department of public safety to adopt 24 rules pursuant to Code chapter 17A as necessary to administer 25 the bill relating to school employee permits to carry. 26 Current law requires the commissioner of public safety 27 to maintain a permanent record of all valid permits to 28 carry weapons and of current permit revocations. This bill 29 provides that, notwithstanding any other law or rule to the 30 contrary, the commissioner of public safety and any issuing 31 officer (county sheriff) shall keep confidential the names 32 and addresses of holders of school employee permits to carry 33 weapons. 34 -7- LSB 1505YH (9) 85 rh/rj 7/ 7