Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
HF 654 – Firearms Omnibus (LSB1405HV.1)
Staff Contact: Michael Peters (515.281.6934) michael.peters@legis.iowa.gov
Fiscal Note Version – New
Description
House File 654 relates to the carrying, transporting, and possessing of weapons by certain
persons and in certain locations, and makes numerous changes to Iowa’s existing weapons
laws. Table 1, at the end of this Fiscal Note, summarizes the correctional, minority, and fiscal
impacts of the Bill.
Division I — Employer Policies Regarding Firearms and Ammunition — Department of
Corrections and Other Detention Facilities — Parking Lots
Description
Division I creates an exception for the otherwise lawful carrying, transporting, and possessing of
a firearm or ammunition on the grounds of certain facilities and institutions under the
Department of Corrections if the firearm or ammunition remains out of sight and inside a locked
vehicle.
Additionally, Division I prohibits an employer from prohibiting an employee from carrying,
transporting, or possessing a firearm or ammunition on the real property of the employee’s
place of employment if the firearm or ammunition remains out of sight and inside a locked
vehicle, and if the carrying, transporting, or possessing of the firearm or ammunition is otherwise
lawful. Division I provides that an employer, owner, or otherwise lawful possessor of said
property is immune from any claims, cause of action, or lawsuit seeking damages as a result of
any firearm brought onto the property by an employee. The employer may prohibit an employee
from carrying, transporting, or possessing a firearm or ammunition in a vehicle owned or leased
by the employer. Division I also provides definitions.
Division I takes effect upon enactment.
Background
In FY 2022, there were two convictions under Iowa Code section 719.7 for nonprisoners
possessing weapons in a correctional facility. The possession of a weapon on correctional
facility property is a Class C felony punishable by confinement for no more than 10 years and a
fine of at least $1,370 but not more than $13,660.
It is not known how many weapons violations by employees occurred in FY 2022, as these
would fall under Iowa Code section 724.4 related to carrying weapons, which does not specify
where the event takes place.
Assumption
The number of past convictions that occurred under the exceptions established in the Bill is
unknown.
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Fiscal Impact
The fiscal impact of Division I cannot be determined because the number of impacted
convictions is unknown.
Division II — Firearms on School Property
Description
Division II 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.
Division II authorizes a person, 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 weapon remains in the vehicle and the vehicle remains on areas of the grounds
that comprise its driveways and parking area. The vehicle is required to be locked when
unattended.
Division II also authorizes a retired peace officer to go armed with, carry, or transport a firearm
on school grounds if the peace officer retired in good standing, maintains certifications, and
meets additional qualifications.
Division II takes effect upon enactment.
Background
Currently, administrative rules prohibit a person from carrying, transporting, or possessing a
firearm, other weapon, or ammunition in a school vehicle.
In FY 2022, there were a total of three convictions for carrying a weapon on school grounds
under Iowa Code section 724.4B. Under current law, a person who goes armed with, carries, or
transports a firearm of any kind, concealed or not, on the grounds of a school commits a Class
D felony. A Class D felony is punishable by confinement for no more than five years and a fine
of at least $1,025 but not more than $10,245.
It is not known how many weapons violations occurred in areas exempt by this Division in
FY 2022, as these would fall under Iowa Code section 724.4 related to carrying weapons, which
does not specify where the event takes place.
Assumptions
• Insurance companies, in conjunction with an individual school or school district, will evaluate
   the need to update existing individual school or school district insurance policies related to
   the exception for being armed with, carrying, or transporting firearms on specific areas of
   school grounds.
• Providing an exception for carrying firearms on limited school grounds may increase liability
   and risk coverage for individual school or school district insurance policies.
• The number of past offenses that occurred under the exceptions established in the Bill is
   unknown.
Fiscal Impact
The fiscal impact of Division II cannot be determined. Although the State is not expected to
incur a fiscal impact, local schools and school districts may be subject to an increase in
insurance coverage costs after initial policy implementation. Any insurance rate increases for
local schools and school districts are expected to be paid out of the School District Management
Fund, which is funded by local property taxes.
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Additionally, individual schools and school districts may experience an increase in operational
costs to accommodate changes in safety protocol and associated policies, but this increase is
expected to be minimal.
Division III — Dangerous Weapons in Vehicles at Regents Universities and Community
College Campuses
Description
Division III prohibits the State Board of Regents and the board of directors of a community
college from adopting or enforcing any policy or rule that prohibits the carrying, transportation,
or possession of any dangerous weapon in a locked, personal vehicle on the grounds of such a
college or university. Division III provides that the governing board is immune from any claims,
cause of action, or lawsuit seeking damages as a result of any firearm brought onto the grounds
of the university or college.
Background
There is no data available related to weapons violations on college or university grounds.
Weapons violations would fall under Iowa Code section 724.4, related to carrying weapons,
which does not specify where the event takes place.
Assumption
The number of past convictions that occurred under the exceptions established in the Bill is
unknown.
Fiscal Impact
Division III is not estimated to have a fiscal impact.
Division IV — Insurance Coverage — Firearms on School Grounds
Description
Division IV 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. This Division provides definitions.
Fiscal Impact
Division IV is not estimated to have a fiscal impact.
Division V — Guns in Vehicles on Public Highways
Description
Division V removes a requirement that a gun being transported on a public highway is required
to be taken down or totally contained in a fastened case and with its barrels and attached
magazines unloaded. The Division removes fines for individuals conveying an assembled
unloaded or loaded gun.
Division V takes effect upon enactment.
Background
In FY 2022, there were 35 scheduled violations under Iowa Code section 483A.36 for a person
conveying an assembled weapon on a public highway. 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. A further breakdown of data on persons charged with an unloaded
or loaded firearm violation is unavailable.
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Assumption
Data is unavailable for an additional breakdown of persons charged with the conveyance of an
assembled, loaded, or unloaded gun on a public highway.
Fiscal Impact
The fiscal impact for Division V for the removal of the fine for individuals conveying unsecured
firearms on public highways may result in a minimal reduction in General Fund revenue per
year.
Division VI — Carrying Firearms on Snowmobiles and All-Terrain Vehicles
Description
Division VI permits a person to operate or ride a snowmobile or all-terrain vehicle with a loaded
firearm on land that is not owned, possessed, or rented by the person.
Division VI takes effect upon enactment.
Background
In FY 2022, there were no convictions for firearms violations on snowmobiles or all-terrain
vehicles under Iowa Code section 321G.13 or 321I.14.
Fiscal Impact
Division VI is not estimated to have a fiscal impact.
Division VII — Firearms on Properties Licensed to Conduct Gambling Games or Sports
Wagering
Description
Division VII prohibits the Racing and Gaming Commission from adopting administrative rules
that prohibit a licensee from authorizing a person to possess a firearm on the licensee’s
property. An individual licensee may adopt the licensee’s own policy limiting the possession of
firearms on the licensee’s property.
Fiscal Impact
Division VII is not estimated to have a fiscal impact.
Summary of HF 654 Correctional and Minority Impacts
Correctional Impact
The correctional impact of HF 654 cannot be determined. The Bill creates exceptions to
existing offenses, and sufficient information is not available to estimate the number of
convictions that will be affected by these exceptions. There were two convictions for
nonprisoners possessing weapons in a correctional facility in FY 2022. There was a total of
three convictions for carrying a weapon on school grounds in FY 2022. No convictions were
issued under the other penalties modified in the Bill. Refer to the Legislative Services Agency
(LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional
Impact Statements, dated January 20, 2023, for information related to the correctional system.
Minority Impact
The minority impact of HF 654 cannot be determined. Of the two individuals convicted of
possessing weapons in a correctional facility, both were Caucasian. Of the three individuals
convicted for carrying a weapon on school grounds, one was Caucasian, one was African
American, and for one the race was unknown. Refer to the LSA memo addressed to the
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General Assembly, Minority Impact Statement, dated January 20, 2023, for information
related to minorities in the criminal justice system.
Summary of HF 654 Fiscal Impact
Table 1 includes a summary of the fiscal impacts for each division of the Bill:
                Table 1 — Estimated Summary of Fiscal Impacts for HF 654
       Division Fiscal Impact
            I       The fiscal impact of Division I cannot be determined because the number
                    of impacted violations is unknown.
           II       The fiscal impact of Division II cannot be determined. Although the State
                    is not expected to incur a fiscal impact, local schools and school districts
                    may be subject to an increase in insurance coverage costs after initial
                    policy implementation. Any insurance rate increases for local schools
                    and school districts are expected to be paid out of the School District
                    Management Fund, which is funded by local property taxes.
           III      No fiscal impact.
           IV       No fiscal impact.
           V        Minimal fiscal impact resulting from reduced fine revenue to the General
                    Fund.
          VI        No fiscal impact.
          VII       No fiscal impact.
Sources
Board of Regents
Criminal and Juvenile Justice Planning Division, Department of Human Rights
Department of Corrections
Iowa Association of School Boards
                                                                               /s/ Jennifer Acton
                                                                                March 28, 2023
Doc ID 1371095
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
                                                 www.legis.iowa.gov
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Statutes affected: 
Introduced: 719.7, 724.4B, 285.17, 483A.36
Reprinted: 719.7, 237.3, 724.4B, 285.17, 724.8C, 483A.36, 321G.13, 724.8, 724.16