House File 499 - Introduced

                                       HOUSE FILE       
                                       BY  WINDSCHITL

    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         

                                      A BILL FOR

  1 An Act relating to the period of validity of a permit to carry
  2    weapons and providing for the combined issuance of and a fee
  3    for a permit to carry weapons and a driver's license.
  5 TLSB 1741YH 83
  6 dea/rj/5


  1  1    Section 1.  NEW SECTION.  321.183A  APPLICATION FOR
  1  3    An applicant for a driver's license may submit to the
  1  4 department or the county treasurer an application for renewal
  1  5 of a permit to carry weapons, to be issued as provided under
  1  6 chapter 724.  The application shall be accompanied by the fees
  1  7 required under section 724.11.  The department or county
  1  8 treasurer shall forward the application and fees, other than
  1  9 the fee allocated to the department under section 724.11,
  1 10 subsection 3, to the sheriff of the applicant's county of
  1 11 residence.  If the application for renewal is approved, the
  1 12 sheriff shall notify the department of the approval and
  1 13 provide the permit number and type of permit to be displayed
  1 14 on the person's driver's license.
  1 15    Sec. 2.  Section 321.189, Code 2009, is amended by adding
  1 16 the following new subsection:
  1 17    NEW SUBSECTION.  4A.  WEAPONS PERMIT.  Upon renewal of a
  1 18 permit to carry weapons as provided in section 321.183A, the
  1 19 department shall indicate the permit number and type of permit
  1 20 to carry weapons on the person's driver's license.
  1 21    Sec. 3.  Section 724.6, subsection 1, Code 2009, is amended
  1 22 to read as follows:
  1 23    1.  A person may be issued a permit to carry weapons when
  1 24 the person's employment in a private investigation business or
  1 25 private security business licensed under chapter 80A, or a
  1 26 person's employment as a peace officer, correctional officer,
  1 27 security guard, bank messenger or other person transporting
  1 28 property of a value requiring security, or in police work,
  1 29 reasonably justifies that person going armed.  The permit
  1 30 shall be on a form prescribed and published by the
  1 31 commissioner of public safety, shall identify the holder, and
  1 32 shall state the nature of the employment requiring the holder
  1 33 to go armed.  A permit so issued, other than to a peace
  1 34 officer, shall authorize the person to whom it is issued to go
  1 35 armed anywhere in the state, only while engaged in the
  2  1 employment, and while going to and from the place of the
  2  2 employment.  A permit issued to a certified peace officer
  2  3 shall authorize that peace officer to go armed anywhere in the
  2  4 state at all times.  Permits shall expire twelve months after
  2  5 the date when issued, except that permits issued under section
  2  6 724.11, subsection 2, shall expire as provided in that
  2  7 subsection, and permits issued to peace officers and
  2  8 correctional officers are valid through the officer's period
  2  9 of employment unless otherwise canceled.  When the employment
  2 10 is terminated, the holder of the permit shall surrender it to
  2 11 the issuing officer for cancellation.  If the permit
  2 12 information is noted on the person's driver's license, the
  2 13 person shall surrender the driver's license in exchange for a
  2 14 duplicate license under section 321.195.
  2 15    Sec. 4.  Section 724.7, Code 2009, is amended to read as
  2 16 follows:
  2 18    Any person who can reasonably justify going armed may be
  2 19 issued a nonprofessional permit to carry weapons.  Such
  2 20 permits shall be on a form prescribed and published by the
  2 21 commissioner of public safety, which shall be readily
  2 22 distinguishable from the professional permit, and shall
  2 23 identify the holder thereof, and state the reason for the
  2 24 issuance of the permit, and the limits of the authority
  2 25 granted by such permit.  All permits so issued Permits issued
  2 26 under section 724.11, subsection 2, shall expire as provided
  2 27 in that subsection.  All other permits shall be for a definite
  2 28 period as established by the issuing officer, but in no event
  2 29 shall exceed a period of twelve months.
  2 30    Sec. 5.  Section 724.11, Code 2009, is amended to read as
  2 31 follows:
  2 33    1.  Applications for permits to carry weapons shall be made
  2 34 to the sheriff of the county in which the applicant resides.
  2 35 Applications from persons who are nonresidents of the state,
  3  1 or whose need to go armed arises out of employment by the
  3  2 state, shall be made to the commissioner of public safety.  In
  3  3 either case, the issuance of the permit shall be by and at the
  3  4 discretion of the sheriff or commissioner, who shall, before
  3  5 issuing the permit, determine that the requirements of
  3  6 sections 724.6 to 724.10 have been satisfied.  However, the
  3  7 training program requirements in section 724.9 may be waived
  3  8 for renewal permits.
  3  9    2.  a.  At the request of a person issued a permit to carry
  3 10 weapons, and subject to the discretion of the issuing
  3 11 authority, the permit may be combined with the applicant's
  3 12 driver's license for purposes of renewal.  A person may submit
  3 13 an application for renewal of a permit to the department of
  3 14 transportation or a county treasurer at the time of
  3 15 application for a driver's license as provided in section
  3 16 321.183A.  If the sheriff approves the application, the
  3 17 sheriff shall forward notice of the renewal to the department
  3 18 of transportation for notation on the person's driver's
  3 19 license prior to issuance of the license.  A permit issued
  3 20 under this subsection expires on the earliest of the
  3 21 expiration date of the person's driver's license, or five
  3 22 years from the permittee's birthday anniversary occurring in
  3 23 the year of issuance of the permit, whichever is earlier.
  3 24    b.  For purposes of this chapter, a valid driver's license
  3 25 bearing the permit number and type of permit to carry weapons
  3 26 issued under this subsection is a permit to carry weapons.
  3 27    c.  The commissioner, in consultation with the department
  3 28 of transportation, shall adopt rules to provide for the
  3 29 issuance of permits under this subsection and for the
  3 30 conversion of existing twelve=month permits to permits to be
  3 31 renewed at the time of driver's license renewal.
  3 32    3.  a.  The issuing officer shall collect a fee of ten
  3 33 dollars for the first year of permit validity, except from a
  3 34 duly appointed peace officer or correctional officer, for each
  3 35 permit issued.  Renewal permits or duplicate permits shall be
  4  1 issued for a fee of five dollars per year of permit validity.
  4  2 The issuing officer shall notify the commissioner of public
  4  3 safety of the issuance of any permit at least monthly and
  4  4 forward to the commissioner an amount equal to two dollars per
  4  5 year of permit validity for each permit issued and one dollar
  4  6 per year of permit validity for each renewal or duplicate
  4  7 permit issued.
  4  8    b.  The commissioner and the department of transportation
  4  9 may establish a fee to be charged for the service provided
  4 10 under subsection 2, which shall be in addition to the permit
  4 11 fees required under this subsection.  The fee shall be
  4 12 calculated to cover the costs of the department of public
  4 13 safety and the department of transportation and shall be
  4 14 allocated to the departments accordingly.
  4 15    c.  All such fees Fees received by the commissioner shall
  4 16 be paid to the treasurer of state and deposited in the
  4 17 operating account of the department of public safety to offset
  4 18 the cost of administering this chapter.  Any unspent balance
  4 19 as of June 30 of each year shall revert to the general fund as
  4 20 provided by section 8.33.
  4 21                           EXPLANATION
  4 22    This bill allows a person to apply for renewal of a permit
  4 23 to carry weapons at the same time the person is applying for a
  4 24 driver's license or renewal of a driver's license, subject to
  4 25 the discretion of the commissioner of public safety or the
  4 26 county sheriff in charge of issuing the permit.  The bill
  4 27 provides that a permit issued in combination with a driver's
  4 28 license expires on the same date as the license, or five years
  4 29 from the permittee's birthday anniversary occurring in the
  4 30 year of issuance.  This is the same expiration date that
  4 31 applies to most driver's licenses.  Currently, permits to
  4 32 carry weapons are valid for up to 12 months.  The bill allows
  4 33 issuance of a one=year permit separate from a driver's license
  4 34 upon request of an applicant or in the discretion of the
  4 35 commissioner of public safety or the county sheriff issuing
  5  1 the permit.
  5  2    Under the bill, a person may submit an application for
  5  3 renewal of a permit to carry weapons to the department of
  5  4 transportation or a county treasurer along with an application
  5  5 for a driver's license.  The department or county treasurer
  5  6 shall forward the permit application, along with required
  5  7 fees, to the county sheriff of the permittee's county of
  5  8 residence.  The sheriff shall notify the department of
  5  9 transportation if the renewal is approved and provide the
  5 10 permit number and type of permit, which shall be noted on the
  5 11 person's driver's license.  Currently, the fee for a permit is
  5 12 $10, and the annual renewal fee is $5.  Under the bill, a
  5 13 person who renews the person's permit in combination with the
  5 14 person's driver's license will be required to pay a renewal
  5 15 fee equal to $5 for each year of permit validity.  In
  5 16 addition, the bill authorizes the commissioner of public
  5 17 safety and the department of transportation to establish a fee
  5 18 to cover the costs of issuing permits to carry weapons along
  5 19 with driver's licenses.
  5 20    The bill requires the commissioner of public safety to
  5 21 adopt rules in consultation with the department of
  5 22 transportation to implement the provisions in the bill and to
  5 23 provide for the conversion of existing 12=month permits to
  5 24 permits of up to five years with an expiration date aligned
  5 25 with the expiration date of the permittee's driver's license.
  5 26 LSB 1741YH 83
  5 27 dea/rj/5.1