SSB 1017

Description

Senate File 2224 relates to being armed with, carrying, or transporting a firearm when transporting a person to or from a school, or delivering an item to or from school. The Bill provides that a person with a valid nonprofessional permit to carry weapons may go armed with, carry, or transport a firearm on school grounds when the person is on school grounds for the purpose of transporting another person or delivering an item to or from school, as long as the person remains in the school parking area or school driveway designed for a motor vehicle. Senate File 2224 also provides that a school shall be immune from any claim, cause of action, or lawsuit filed by an individual seeking relief from damages that are alleged, directly or indirectly, as a result of any concealed pistol or revolver brought onto the school district property. Additionally, schools governed by the Board of Regents are specifically excluded from the provisions of this Bill.

Background

Senate File 2224 establishes an exception to Iowa Code section 724.4B, which establishes a penalty for carrying firearms on school grounds. 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 $750, but not more than $7,500.

In FY 2019, there were a total of four convictions for carrying a weapon on school grounds.

Assumptions

• It is assumed 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 for any potential increase in claims 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 is assumed to increase liability and risk coverage for individual school or school district insurance policies.

Correctional Impact

The correctional impact of SF 2224 cannot be determined. The Bill creates an exception to an existing offense, and sufficient information is not available to estimate the number of convictions that will specifically be affected by this exception.

Fiscal Impact

The fiscal impact of SF 2224 cannot be determined. Although the State is not expected to incur a fiscal impact, local schools and school districts may incur an increase in insurance coverage costs after initial policy implementation. Any insurance rate increases are expected to be paid out of the School District Management Fund, which is solely funded by local property taxes. An increase in insurance rates will likely result in an increase in property taxes, but any potential fiscal impact cannot be determined at this time.

Additionally, individual schools and school districts may experience an increase in operational costs to accommodate changes in school safety and associated local school board policies, but this increase is expected to be minimal.

Sources

• Legislative Services Agency
• Department of Education
• Iowa Association of School Boards
• Criminal and Juvenile Justice Planning Division, Department of Human Rights