Senate File 256 - Introduced




                                 SENATE FILE       
                                 BY  CHAPMAN

                                      A BILL FOR

  1 An Act prohibiting a governing board of a public college or
  2    university from adopting or enforcing any policy or rule
  3    that prohibits a person with a valid permit to carry weapons
  4    from carrying, transporting, or possessing a dangerous
  5    weapon in the buildings or on the grounds of such a college
  6    or university, and including civil penalties.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1010XS (7) 87
    jm/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  260C.14A  Limitation on authority ====
  1  2 dangerous weapons == valid permit to carry weapons.
  1  3    The board of directors of a community college shall comply
  1  4 with the requirements of section 724.8A regarding policies and
  1  5 rules relating to the carrying, transportation, or possession
  1  6 of dangerous weapons in the building or on the grounds of the
  1  7 community college.
  1  8    Sec. 2.  NEW SECTION.  262.9D  Limitation on authority ====
  1  9 dangerous weapons == valid permit to carry weapons.
  1 10    The state board of regents shall comply with the
  1 11 requirements of section 724.8A regarding policies and rules
  1 12 relating to the carrying, transportation, or possession of
  1 13 dangerous weapons in the building or on the grounds of a
  1 14 university under the control of the state board of regents.
  1 15    Sec. 3.  Section 602.8105, Code 2017, is amended by adding
  1 16 the following new subsection:
  1 17    NEW SUBSECTION.  5.  The clerk of the district court shall
  1 18 collect a civil penalty assessed under section 724.8A.   Any
  1 19 moneys collected from the civil penalty shall be deposited into
  1 20 the general fund of the state.
  1 21    Sec. 4.  NEW SECTION.  724.8A  Limitation on authority ====
  1 22 dangerous weapons ==== public universities and community colleges.
  1 23    1.  The governing board of a university under the control
  1 24 of the state board of regents as provided in chapter 262,
  1 25 or a community college under the jurisdiction of a board
  1 26 of directors for a merged area as provided in chapter 260C
  1 27 shall not adopt or enforce any policy or rule that prohibits
  1 28 the carrying, transportation, or possession of any dangerous
  1 29 weapon, as defined in section 702.7, in the buildings or on
  1 30 the grounds of such a college or university by a person who
  1 31 possesses a valid permit to carry weapons pursuant to section
  1 32 724.6 or 724.7.
  1 33    2.  a.  A governing board found to be in violation of
  1 34 subsection 1 shall be assessed a civil penalty of between two
  1 35 thousand five hundred dollars and five thousand dollars and
  2  1 shall be ordered to pay the plaintiff's reasonable attorney
  2  2 fees and court costs.
  2  3    b.  The requirements of this section may be enforced by the
  2  4 state or through a private cause of action.
  2  5    c.  The civil penalty shall be collected by the clerk of the
  2  6 district court and shall be deposited as provided in section
  2  7 602.8105, subsection 5.
  2  8                           EXPLANATION
  2  9 The inclusion of this explanation does not constitute agreement with
  2 10 the explanation's substance by the members of the general assembly.
  2 11    This bill provides that the governing board of a university
  2 12 under the control of the state board of regents as provided in
  2 13 Code chapter 262, or a community college under the jurisdiction
  2 14 of a board of directors for a merged area as provided in Code
  2 15 chapter 260C shall not adopt or enforce any policy or rule that
  2 16 prohibits the carrying, transportation, or possession of any
  2 17 dangerous weapon, as defined in Code section 702.7, in the
  2 18 buildings or on the grounds of such a college or university by
  2 19 a person who possesses a valid permit to carry weapons pursuant
  2 20 to Code section 724.6 (professional permit to carry weapons) or
  2 21 Code section 724.7 (nonprofessional permit to carry weapons).
  2 22    The bill provides that a governing board found to be in
  2 23 violation of the bill shall be assessed a civil penalty
  2 24 of between $2,500 and $5,000 and shall pay the plaintiff's
  2 25 reasonable attorney fees and court costs. The bill may be
  2 26 enforced by the state or through a private cause of action.
  2 27 The bill specifies that the civil penalty shall be deposited
  2 28 into the general fund of the state.
  2 29    A dangerous weapon is any instrument or device designed
  2 30 primarily for use in inflicting death or injury upon a human
  2 31 being or animal, and which is capable of inflicting death
  2 32 upon a human being when used in the manner for which it was
  2 33 designed, except a bow and arrow when possessed and used
  2 34 for hunting or any other lawful purpose.  Additionally, any
  2 35 instrument or device of any sort whatsoever which is actually
  3  1 used in such a manner as to indicate that the defendant intends
  3  2 to inflict death or serious injury upon the other, and which,
  3  3 when so used, is capable of inflicting death upon a human
  3  4 being, is a dangerous weapon.  Dangerous weapons include but
  3  5 are not limited to any offensive weapon, pistol, revolver, or
  3  6 other firearm, dagger, razor, stiletto, switchblade knife,
  3  7 knife having a blade exceeding five inches in length, or any
  3  8 portable device or weapon directing an electric current,
  3  9 impulse, wave, or beam that produces a high=voltage pulse
  3 10 designed to immobilize a person.
       LSB 1010XS (7) 87
       jm/rj