Iowa 2023 2023-2024 Regular Session

Iowa House Bill HF654 Introduced / Fiscal Note

Filed 03/28/2023

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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. 
 
 
Fiscal Note 
Fiscal Services Division  2 
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.   3 
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.  4 
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  5 
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