Bill Text: IA SF256 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act prohibiting a governing board of a public college or university from adopting or enforcing any policy or rule that prohibits a person with a valid permit to carry weapons from carrying, transporting, or possessing a dangerous weapon in the buildings or on the grounds of such a college or university, and including civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-20 - Subcommittee: Garrett, Edler, and Petersen. S.J. 359. [SF256 Detail]
Download: Iowa-2017-SF256-Introduced.html
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
