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Senate File 256 - IntroducedA Bill ForAn Act 1prohibiting a governing board of a public college or
2university from adopting or enforcing any policy or rule
3that prohibits a person with a valid permit to carry weapons
4from carrying, transporting, or possessing a dangerous
5weapon in the buildings or on the grounds of such a college
6or university, and including civil penalties.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 260C.14A Limitation on authority —
2dangerous weapons — valid permit to carry weapons.
3The board of directors of a community college shall comply
4with the requirements of section 724.8A regarding policies and
5rules relating to the carrying, transportation, or possession
6of dangerous weapons in the building or on the grounds of the
7community college.
8 Sec. 2. NEW SECTION. 262.9D Limitation on authority —
9dangerous weapons — valid permit to carry weapons.
10The state board of regents shall comply with the
11requirements of section 724.8A regarding policies and rules
12relating to the carrying, transportation, or possession of
13dangerous weapons in the building or on the grounds of a
14university under the control of the state board of regents.
15 Sec. 3. Section 602.8105, Code 2017, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 5. The clerk of the district court shall
18collect a civil penalty assessed under section 724.8A. Any
19moneys collected from the civil penalty shall be deposited into
20the general fund of the state.
21 Sec. 4. NEW SECTION. 724.8A Limitation on authority —
22dangerous weapons — public universities and community colleges.
231. The governing board of a university under the control
24of the state board of regents as provided in chapter 262,
25or a community college under the jurisdiction of a board
26of directors for a merged area as provided in chapter 260C
27shall not adopt or enforce any policy or rule that prohibits
28the carrying, transportation, or possession of any dangerous
29weapon, as defined in section 702.7, in the buildings or on
30the grounds of such a college or university by a person who
31possesses a valid permit to carry weapons pursuant to section
32724.6 or 724.7.
332. a. A governing board found to be in violation of
34subsection 1 shall be assessed a civil penalty of between two
35thousand five hundred dollars and five thousand dollars and
-1-1shall be ordered to pay the plaintiff’s reasonable attorney
2fees and court costs.
3b. The requirements of this section may be enforced by the
4state or through a private cause of action.
5c. The civil penalty shall be collected by the clerk of the
6district court and shall be deposited as provided in section
7602.8105, subsection 5.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill provides that the governing board of a university
12under the control of the state board of regents as provided in
13Code chapter 262, or a community college under the jurisdiction
14of a board of directors for a merged area as provided in Code
15chapter 260C shall not adopt or enforce any policy or rule that
16prohibits the carrying, transportation, or possession of any
17dangerous weapon, as defined in Code section 702.7, in the
18buildings or on the grounds of such a college or university by
19a person who possesses a valid permit to carry weapons pursuant
20to Code section 724.6 (professional permit to carry weapons) or
21Code section 724.7 (nonprofessional permit to carry weapons).
22The bill provides that a governing board found to be in
23violation of the bill shall be assessed a civil penalty
24of between $2,500 and $5,000 and shall pay the plaintiff’s
25reasonable attorney fees and court costs. The bill may be
26enforced by the state or through a private cause of action.
27The bill specifies that the civil penalty shall be deposited
28into the general fund of the state.
29A dangerous weapon is any instrument or device designed
30primarily for use in inflicting death or injury upon a human
31being or animal, and which is capable of inflicting death
32upon a human being when used in the manner for which it was
33designed, except a bow and arrow when possessed and used
34for hunting or any other lawful purpose. Additionally, any
35instrument or device of any sort whatsoever which is actually
-2-1used in such a manner as to indicate that the defendant intends
2to inflict death or serious injury upon the other, and which,
3when so used, is capable of inflicting death upon a human
4being, is a dangerous weapon. Dangerous weapons include but
5are not limited to any offensive weapon, pistol, revolver, or
6other firearm, dagger, razor, stiletto, switchblade knife,
7knife having a blade exceeding five inches in length, or any
8portable device or weapon directing an electric current,
9impulse, wave, or beam that produces a high-voltage pulse
10designed to immobilize a person.
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2university from adopting or enforcing any policy or rule
3that prohibits a person with a valid permit to carry weapons
4from carrying, transporting, or possessing a dangerous
5weapon in the buildings or on the grounds of such a college
6or university, and including civil penalties.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 260C.14A Limitation on authority —
2dangerous weapons — valid permit to carry weapons.
3The board of directors of a community college shall comply
4with the requirements of section 724.8A regarding policies and
5rules relating to the carrying, transportation, or possession
6of dangerous weapons in the building or on the grounds of the
7community college.
8 Sec. 2. NEW SECTION. 262.9D Limitation on authority —
9dangerous weapons — valid permit to carry weapons.
10The state board of regents shall comply with the
11requirements of section 724.8A regarding policies and rules
12relating to the carrying, transportation, or possession of
13dangerous weapons in the building or on the grounds of a
14university under the control of the state board of regents.
15 Sec. 3. Section 602.8105, Code 2017, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 5. The clerk of the district court shall
18collect a civil penalty assessed under section 724.8A. Any
19moneys collected from the civil penalty shall be deposited into
20the general fund of the state.
21 Sec. 4. NEW SECTION. 724.8A Limitation on authority —
22dangerous weapons — public universities and community colleges.
231. The governing board of a university under the control
24of the state board of regents as provided in chapter 262,
25or a community college under the jurisdiction of a board
26of directors for a merged area as provided in chapter 260C
27shall not adopt or enforce any policy or rule that prohibits
28the carrying, transportation, or possession of any dangerous
29weapon, as defined in section 702.7, in the buildings or on
30the grounds of such a college or university by a person who
31possesses a valid permit to carry weapons pursuant to section
32724.6 or 724.7.
332. a. A governing board found to be in violation of
34subsection 1 shall be assessed a civil penalty of between two
35thousand five hundred dollars and five thousand dollars and
-1-1shall be ordered to pay the plaintiff’s reasonable attorney
2fees and court costs.
3b. The requirements of this section may be enforced by the
4state or through a private cause of action.
5c. The civil penalty shall be collected by the clerk of the
6district court and shall be deposited as provided in section
7602.8105, subsection 5.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill provides that the governing board of a university
12under the control of the state board of regents as provided in
13Code chapter 262, or a community college under the jurisdiction
14of a board of directors for a merged area as provided in Code
15chapter 260C shall not adopt or enforce any policy or rule that
16prohibits the carrying, transportation, or possession of any
17dangerous weapon, as defined in Code section 702.7, in the
18buildings or on the grounds of such a college or university by
19a person who possesses a valid permit to carry weapons pursuant
20to Code section 724.6 (professional permit to carry weapons) or
21Code section 724.7 (nonprofessional permit to carry weapons).
22The bill provides that a governing board found to be in
23violation of the bill shall be assessed a civil penalty
24of between $2,500 and $5,000 and shall pay the plaintiff’s
25reasonable attorney fees and court costs. The bill may be
26enforced by the state or through a private cause of action.
27The bill specifies that the civil penalty shall be deposited
28into the general fund of the state.
29A dangerous weapon is any instrument or device designed
30primarily for use in inflicting death or injury upon a human
31being or animal, and which is capable of inflicting death
32upon a human being when used in the manner for which it was
33designed, except a bow and arrow when possessed and used
34for hunting or any other lawful purpose. Additionally, any
35instrument or device of any sort whatsoever which is actually
-2-1used in such a manner as to indicate that the defendant intends
2to inflict death or serious injury upon the other, and which,
3when so used, is capable of inflicting death upon a human
4being, is a dangerous weapon. Dangerous weapons include but
5are not limited to any offensive weapon, pistol, revolver, or
6other firearm, dagger, razor, stiletto, switchblade knife,
7knife having a blade exceeding five inches in length, or any
8portable device or weapon directing an electric current,
9impulse, wave, or beam that produces a high-voltage pulse
10designed to immobilize a person.
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