House File 105 - Introduced HOUSE FILE 105 BY STAED , HUNTER , DONAHUE , KURTH , MASCHER , WINCKLER , and ANDERSON A BILL FOR An Act concerning maintaining dangerous weapons at a child care 1 facility or when transporting a child receiving care from a 2 child care facility, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1595YH (3) 88 mo/rh

H.F. 105 Section 1. Section 237A.1, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. “Dangerous weapon” means the same as 3 defined in section 702.7. 4 Sec. 2. NEW SECTION . 237A.3C Dangerous weapons. 5 1. A facility shall develop and maintain written policies 6 relating to the storage of dangerous weapons in the facility 7 and in a motor vehicle used to transport a child receiving care 8 from the facility. 9 2. a. The written policies shall include all of the 10 following: 11 (1) A dangerous weapon shall be inaccessible to a child 12 receiving care from the facility. 13 (2) A firearm shall be maintained in a locked place similar 14 to a gun case. 15 (3) Ammunition shall be maintained in a locked place 16 separate from a firearm. 17 (4) A firearm in a motor vehicle used to transport a child 18 receiving care from the facility shall be unloaded and any 19 ammunition in the vehicle shall be kept separate from the 20 firearm and in a locked container. 21 b. A parent or guardian shall be advised of any dangerous 22 weapon, other than a kitchen knife, located on the premises of 23 a facility. 24 3. A person who has involvement with child care at a 25 facility shall not do any of the following during regular 26 business hours: 27 a. Allow a dangerous weapon to be accessible to a child at 28 the facility. 29 b. Maintain a firearm in an unlocked place at the facility. 30 c. Maintain ammunition with a firearm at the facility. 31 d. Maintain ammunition in an unlocked place at the facility. 32 e. Knowingly possess or transport a loaded firearm in a 33 motor vehicle used to transport a child receiving care from the 34 facility. 35 -1- LSB 1595YH (3) 88 mo/rh 1/ 3

H.F. 105 f. Knowingly maintain ammunition with a firearm in a motor 1 vehicle used to transport a child receiving care from the 2 facility. 3 g. Knowingly maintain ammunition in an unlocked container in 4 a motor vehicle used to transport a child receiving care from 5 the facility. 6 4. For purposes of this section, “involvement with child 7 care” means a person who is an owner or employee of a facility. 8 5. Notwithstanding any other provision of law to the 9 contrary, a person who violates subsection 3 commits an 10 aggravated misdemeanor. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to maintaining dangerous weapons at a 15 child care facility or when transporting a child receiving care 16 from a facility. 17 The bill requires a child care facility to develop and 18 maintain written policies relating to the storage of a 19 dangerous weapon in the facility and in a motor vehicle used to 20 transport a child receiving care from the facility. 21 “Facility” is defined under Code section 237A.1(5) as a 22 child care center, preschool, or a registered child development 23 home; “child” is defined under Code section 237A.1(2) as a 24 person under 12 years of age or a person 13 to 19 years of age 25 who has a developmental disability; and “dangerous weapon” is 26 defined under Code section 702.7. 27 The bill requires the written policy to include all of the 28 following: a dangerous weapon shall be inaccessible to a child 29 receiving care from the facility, a firearm shall be maintained 30 in a locked place similar to a gun case, ammunition shall be 31 maintained in a locked place separate from a firearm, and a 32 firearm in a motor vehicle used to transport a child receiving 33 care from the facility shall be unloaded and any ammunition in 34 the vehicle shall be kept separate from the firearm and in a 35 -2- LSB 1595YH (3) 88 mo/rh 2/ 3

H.F. 105 locked container. 1 The bill defines “involvement with child care” to mean an 2 owner or employee of a facility. 3 Under the bill, a person who has involvement with child care 4 at the child care facility shall not do any of the following 5 during regular business hours: allow a dangerous weapon to be 6 accessible to a child at the facility, maintain a firearm in 7 an unlocked place at the facility, maintain ammunition with a 8 firearm at the facility, maintain ammunition in an unlocked 9 place at the facility, knowingly possess or transport a loaded 10 firearm in a motor vehicle used to transport a child receiving 11 care from the facility, knowingly maintain ammunition with a 12 firearm in a motor vehicle used to transport a child receiving 13 care from the facility, or knowingly maintain ammunition in an 14 unlocked container in a motor vehicle used to transport a child 15 receiving care from the facility. 16 A person who violates the bill commits an aggravated 17 misdemeanor. An aggravated misdemeanor is punishable by 18 confinement for no more than two years and a fine of at least 19 $625 but not more than $6,250. 20 The license of a child care facility may also be suspended, 21 revoked, or reduced to a provisional license for a violation of 22 the bill pursuant to Code section 237A.8. 23 -3- LSB 1595YH (3) 88 mo/rh 3/ 3