HF 654 (LSB 1405HV (2) 90)

HOUSE FILE 654

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 173)

(COMPANION TO LSB 1405SV BY COMMITTEE ON JUDICIARY)

A BILL FOR

An Act relating to the carrying, transportation, and possession of weapons by certain persons and in certain locations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
EMPLOYER POLICIES REGARDING FIREARMS AND AMMUNITION —— DEPARTMENT OF CORRECTIONS AND OTHER DETENTION FACILITIES —— PARKING LOTS

    Section 1.  Section 719.7, subsection 3, paragraph a, Code 2023, is amended to read as follows:
   a.  Knowingly introduces contraband into, or onto, the grounds of a secure facility for the detention or custody of juveniles, detention facility, jail, community-based correctional facility, correctional institution, or institution under the management of the department of corrections.  This paragraph does not prohibit the otherwise lawful carrying, transportation, or possession of a firearm or ammunition if the firearm or ammunition remains out of sight and inside a locked vehicle on the real property comprising the publicly accessible, nonsecure parking lot of the facility, jail, or institution.
    Sec. 2.  NEW SECTION.  724.4F  Limitation on employers —— firearms and ammunition.
   1.  For purposes of this section:
   a.  “Employee” means the same as defined in section 91A.2. “Employee” also includes a contract employee or volunteer.
   b.  “Place of employment” includes any property, including a secure parking lot, that is used for parking motor vehicles and is available to an employer’s customers, employees, or invitees for temporary or long-term parking or storage of motor vehicles.
   2.  An employer shall not prohibit an employee from carrying, transporting, or possessing a firearm or ammunition if the firearm and ammunition are out of sight and inside a locked, privately owned motor vehicle on the real property comprising the employee’s place of employment and if the carrying, transportation, or possession of the firearm or ammunition is otherwise lawful under the laws of this state.
   3.  An employer, owner, or lawful possessor of the property on which the employer is located shall be immune from any claim, cause of action, or lawsuit brought by any person seeking damages that are alleged, directly or indirectly, as a result of any firearm or ammunition brought onto the property of the employer, owner, or lawful possessor by an employee pursuant to this section.
   4.  An employer may prohibit an employee from carrying, transporting, or possessing a firearm or ammunition in a vehicle owned or leased by the employer or otherwise under the employer’s control or possession. 
   5.  The prohibitions in this section shall apply to all private employers and to all state and local governmental entities of this state as defined in section 8A.101.
   6.  This section shall not apply to the extent that it violates federal or other state law or the terms of a contract with a federal entity.
    Sec. 3.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION II
FIREARMS ON SCHOOL PROPERTY

    Sec. 4.  NEW SECTION.  285.17  Weapons in school vehicles transporting pupils.
   When transportation is provided pursuant to this chapter, a driver shall not permit firearms or other weapons, nor ammunition, to be carried in the passenger compartment of any school vehicle transporting pupils except when the school district or nonpublic school authorizes or directs a person to carry, transport, or possess a firearm, other weapon, or ammunition in the school vehicle.
    Sec. 5.  Section 724.4B, subsection 2, Code 2023, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  i.  A person, whether a driver or passenger and including a person authorized or directed pursuant to section 285.17, while the person is dropping off or picking up from a school a student, staff member, or other person having business at the school, or while the person is making a delivery or pickup at a school, who has in the person’s possession a valid permit to carry weapons issued pursuant to section 724.7, while going armed with, carrying, or transporting a concealed pistol or revolver if the concealed pistol or revolver remains in the vehicle and the vehicle remains on the portion of the grounds of the school that comprises its driveways and parking areas. The vehicle shall be locked when unattended.
   NEW PARAGRAPH.  j.  A person retired under chapter 97A or 411, or section 97B.49B or 97B.49C, after service as a peace officer who retired in good standing, who maintains certification, and who, during the most recent twelve-month period, has met the standards for qualifications in firearm safety training determined by the state agency or political subdivision that the person formerly served.
    Sec. 6.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION III
DANGEROUS WEAPONS IN VEHICLES AT REGENTS UNIVERSITIES AND COMMUNITY COLLEGE CAMPUSES

    Sec. 7.  NEW SECTION.  260C.14B  Limitation on authority —— dangerous weapons.
   The board of directors of a community college shall comply with the requirements of section 724.8C regarding policies and rules relating to the carrying, transportation, or possession of dangerous weapons, as defined in section 702.7, in a personal vehicle on the grounds of the community college.
    Sec. 8.  NEW SECTION.  262.9E  Limitation on authority —— dangerous weapons.
   The state board of regents shall comply with the requirements of section 724.8C regarding policies and rules relating to the carrying, transportation, or possession of dangerous weapons, as defined in section 702.7, in a personal vehicle on the grounds of a university under the control of the state board of regents.
    Sec. 9.  NEW SECTION.  724.8C  Limitation on authority —— dangerous weapons —— public universities and community colleges.
   The governing board of a university under the control of the state board of regents as provided in chapter 262 or a community college under the jurisdiction of a board of directors for a merged area as provided in chapter 260C shall not adopt or enforce any policy or rule that prohibits the carrying, transportation, or possession of any dangerous weapon, as defined in section 702.7, in a locked, personal vehicle on the grounds of such a college or university if the dangerous weapon is not visible from outside of the vehicle and such carrying, transportation, or possession is not otherwise prohibited under this chapter. A governing board of a university or community college shall be immune from any claim, cause of action, or lawsuit by a person seeking damages that are alleged, directly or indirectly, as a result of any concealed dangerous weapon brought onto the grounds of a university or college campus by a person pursuant to this section.
DIVISION IV
INSURANCE COVERAGE —— FIREARMS ON SCHOOL GROUNDS

    Sec. 10.  NEW SECTION.  515.80  Nondenial of property and casualty insurance —— schools.
   1.  For purposes of this section, unless the context otherwise requires:
   a.  “Authorized insurer” means an insurer authorized by the commissioner of insurance to write property and casualty insurance under a certificate of authority issued by the commissioner to transact insurance in this state.
   b.  “School” means a public or nonpublic school as defined in section 280.2.
   2.  No later than December 31, 2023, the commissioner of insurance shall adopt rules that prohibit an authorized insurer from denying property and casualty insurance to a school based solely on the presence of a person authorized under section 724.4B, subsection 2, going armed with, carrying, or transporting a firearm on the grounds of a school.
   3.  The rules adopted by the commissioner of insurance under subsection 2 shall apply to all authorized insurers that, on or after January 1, 2024, deliver, issue for delivery, continue, or renew a property and casualty contract in this state for a school.
DIVISION V
GUNS IN VEHICLES ON PUBLIC HIGHWAYS

    Sec. 11.  Section 805.8B, subsection 3, paragraph q, Code 2023, is amended by striking the paragraph.
    Sec. 12.  REPEAL.  Section 483A.36, Code 2023, is repealed.
    Sec. 13.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION VI
CARRYING FIREARMS ON SNOWMOBILES AND ALL-TERRAIN VEHICLES

    Sec. 14.  Section 321G.13, subsection 2, Code 2023, is amended to read as follows:
   2.  a.  A person shall not operate or ride a snowmobile with a firearm in the person’s possession unless it is unloaded and enclosed in a carrying case, except as otherwise provided. However, a nonambulatory person may carry an uncased and unloaded firearm while operating or riding a snowmobile.
   b.  (1)  A person may operate or ride a snowmobile with a loaded firearm, whether concealed or not, without a permit to carry weapons, if the person operates or rides on land owned, possessed, or rented by the person and the person’s conduct is otherwise lawful.
   (2)  A person may operate or ride a snowmobile with a loaded pistol or revolver, whether concealed or not, if the person is operating or riding the snowmobile on land that is not owned, possessed, or rented by the person, and the person’s conduct is otherwise lawful.
   c.  A person shall not discharge a firearm while on a snowmobile, except that a nonambulatory person may discharge a firearm from a snowmobile while lawfully hunting if the person is not operating or riding a moving snowmobile.
    Sec. 15.  Section 321I.14, subsection 2, Code 2023, is amended to read as follows:
   2.  a.  A person shall not operate or ride an all-terrain vehicle with a firearm in the person’s possession unless it is unloaded and enclosed in a carrying case, except as otherwise provided. However, a nonambulatory person may carry an uncased and unloaded firearm while operating or riding an all-terrain vehicle.
   b.  (1)  A person may operate or ride an all-terrain vehicle with a loaded firearm, whether concealed or not, without a permit to carry weapons, if the person operates or rides on land owned, possessed, or rented by the person and the person’s conduct is otherwise lawful.
   (2)  A person may operate or ride an all-terrain vehicle with a loaded pistol or revolver, whether concealed or not, if the person is operating or riding the all-terrain vehicle on land that is not owned, possessed, or rented by the person, and the person’s conduct is otherwise lawful.
   c.  A person shall not discharge a firearm while on an all-terrain vehicle, except that a nonambulatory person may discharge a firearm from an all-terrain vehicle while lawfully hunting if the person is not operating or riding a moving all-terrain vehicle.
    Sec. 16.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION VII
FIREARMS ON PROPERTIES LICENSED TO CONDUCT GAMBLING GAMES OR SPORTS WAGERING

    Sec. 17.  NEW SECTION.  99D.7A  Limitations on rules.
   Rules adopted pursuant to section 99D.7 shall not prohibit a licensee from authorizing a person to possess a firearm on the licensee’s property. This subsection does not prohibit a licensee from adopting a policy limiting the possession of firearms on the licensee’s property.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the carrying, transportation, and possession of weapons by certain persons and in certain locations. The bill is organized by divisions. 
   DIVISION I —— EMPLOYER POLICIES REGARDING FIREARMS AND AMMUNITION —— DEPARTMENT OF CORRECTIONS AND OTHER DETENTION FACILITIES —— PARKING LOTS. The bill provides that the current prohibition against introducing contraband into, or onto, the grounds of certain facilities and institutions under the jurisdiction of the department of corrections does not apply to the otherwise lawful carrying, transportation, or possession of a firearm or ammunition if the firearm or ammunition remains out of sight and inside a locked vehicle on the real property comprising the publicly accessible, nonsecure parking lot of the secure facility, jail, or institution. 
   The bill prohibits an employer from prohibiting an employee from carrying, possessing, or transporting a firearm or ammunition on the real property comprising the employee’s place of employment if the firearm or ammunition is out of sight and inside a locked, privately owned motor vehicle and if the carrying, transportation, or possession of the firearm or ammunition is otherwise lawful under the laws of this state. The bill defines “employee”, which includes a contract employee or volunteer. The bill provides that an employer, owner, or lawful possessor of the property on which the employer is located is immune from any claim, cause of action, or lawsuit seeking damages alleged as a result of any firearm brought onto the property of the employer, owner, or lawful possessor on which the employer is located by an employee. The bill provides situations for which an employer may prohibit the carrying, transportation, or possession of firearms and ammunition.
   This division of the bill takes effect upon enactment.
   DIVISION II —— FIREARMS ON SCHOOL PROPERTY. Under current administrative rules, the driver of a school vehicle transporting pupils shall not permit firearms or other weapons, nor ammunition, to be carried in the passenger compartment. The bill allows a school district or nonpublic school to authorize or direct a person to carry, transport, or possess a firearm, other weapon, or ammunition in a school vehicle.
   Current law generally prohibits a person from going armed with, carrying, or transporting a firearm of any kind, whether concealed or not, on the grounds of a school. The bill authorizes a person, whether a driver or passenger and including a person authorized or directed pursuant to the bill, while the person is dropping off or picking up from a school a student, staff member, or other person having business at the school, or while the person is making a delivery or pickup at a school, who has in the person’s possession a valid permit to carry weapons to go armed with, carry, or transport a concealed pistol or revolver on school grounds if the concealed pistol or revolver remains in the vehicle and the vehicle remains on the portion of the grounds of the school that comprises its driveways and parking areas. The vehicle shall be locked when unattended. The bill also authorizes a retired peace officer to go armed with, carry, or transport a firearm on the grounds of a school if the retired peace officer retired in good standing, maintains certification, and, during the most recent 12-month period, has met the standards for qualifications in firearm safety training determined by the state agency or political subdivision that the individual formerly served.
   This division of the bill takes effect upon enactment.
   DIVISION III —— DANGEROUS WEAPONS IN VEHICLES AT REGENTS UNIVERSITIES AND COMMUNITY COLLEGE CAMPUSES. The bill provides that the governing board of a university under the control of the state board of regents as provided in Code chapter 262 or a community college under the jurisdiction of a board of directors for a merged area as provided in Code chapter 260C shall not adopt or enforce any policy or rule that prohibits the carrying, transportation, or possession of any dangerous weapon, as defined in Code section 702.7, in a locked, personal vehicle on the grounds of such a college or university if the dangerous weapon is not visible from outside of the vehicle and such carrying, transportation, or possession is not otherwise prohibited under Code chapter 724.
   A dangerous weapon is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and that is capable of inflicting death upon a human being when used in the manner for which it was designed, except a bow and arrow when possessed and used for hunting or any other lawful purpose. Additionally, any instrument or device of any sort whatsoever that is actually used in such a manner as to indicate that the defendant intends to inflict death or serious injury upon the other, and that, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Dangerous weapons, as amended in the bill, include but are not limited to any pistol, revolver, or other firearm, dagger, razor, stiletto, switchblade knife, knife having a blade exceeding five inches in length, or any portable device or weapon directing an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person.
   DIVISION IV —— INSURANCE COVERAGE —— FIREARMS ON SCHOOL GROUNDS. The bill requires the commissioner of insurance to adopt rules no later than December 31, 2023, to prohibit an authorized insurer from denying property or casualty insurance to a school based solely on the presence of a person who lawfully goes armed with, carries, or transports a firearm on the grounds of a school.
   DIVISION V —— GUNS IN VEHICLES ON PUBLIC HIGHWAYS. Unless otherwise permitted by law, current law generally prohibits a person from having or carrying a gun in or on a vehicle on a public highway unless the gun is taken down or totally contained in a fastened case and with its barrels and attached magazines unloaded. A person conveying an assembled, unloaded gun is subject to a scheduled fine of $35. A person conveying a loaded gun is subject to a scheduled fine of $70. The bill repeals the prohibition and strikes the associated scheduled fines.
   This division of the bill takes effect upon enactment.
   DIVISION VI —— CARRYING FIREARMS ON SNOWMOBILES AND ALL-TERRAIN VEHICLES. Current law prohibits a person from operating or riding a snowmobile or all-terrain vehicle with a loaded firearm in the person’s possession unless the person is operating or riding the snowmobile or all-terrain vehicle on land that is owned, possessed, or rented by the person, and the person’s conduct is otherwise lawful. Additionally, a person may operate or ride a snowmobile or all-terrain vehicle with a loaded pistol or revolver on land that is not owned, possessed, or rented by the person if the person’s conduct is otherwise lawful. The bill strikes these prohibitions and exceptions.
   This division of the bill takes effect upon enactment.
   DIVISION VII —— FIREARMS ON PROPERTIES LICENSED TO CONDUCT GAMBLING GAMES OR SPORTS WAGERING. Current administrative rules prevent a patron or employee of a facility licensed to conduct gambling games or sports wagering from possessing any pistol or firearm within the licensed facility without the express written approval of the administrator of the racing and gaming commission (commission). The bill provides that the administrative rules adopted by the commission shall not prohibit a licensee from authorizing a person to possess a firearm on the licensee’s property. The bill does not prohibit a licensee from adopting a policy limiting the possession of firearms on the licensee’s property.