Judiciary Committee – Week 11, 2021


HF 309 – Non-Profit: No Requirement to Disclose Personal Information

HF 309 prohibits any public agency from seeking disclosure of personal information from a 501 (c) tax-exempt organization that would reveal the identity of a member, supporter, volunteer or donor of the organization. Additionally, public agencies are prohibited from requesting from a current or potential contractor a list of tax-exempt organizations that the contractor has supported.

  • Personal information may be disclosed pursuant to a lawful warrant or discovery request when there is a compelling need for the information by clear and convincing evidence.
  • Disclosure of personal information is permitted when there is an agreement between an organization and a public agency.
  • Personal information is exempt from the definition of public records under Code Chapter 22.
  • Those who violate this law are subject to civil and criminal penalties.
    [3/24: 13-1 (No: Garrett; Absent: Zaun)]

HF 364 – Athlete Agents

HF 364 makes changes to the prohibited conduct by athlete agents in Chapter 9A, the Uniform Athlete Agents Act.

  • The bill prohibits an athlete agent from intentionally giving a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, materially false or misleading information, or from making a materially false promise or representation with the intent to influence the athlete, parent or guardian to enter into an agency contract.
  • It strikes current language prohibiting an agent from furnishing anything of value to a student athlete before the athlete enters into an agency contract, or furnishing anything of value to an individual other than the athlete or another registered athlete agent.
  • It replaces that removed language with a prohibition against furnishing anything of value to a student athlete or another individual if doing so may result in loss of the athlete’s eligibility to participate in the athlete’s sport unless all the following actions are taken:
    • The agent notifies the athletic director of the educational institution at which the athlete is enrolled or intends to enroll prior to the next scheduled athletic event in which the athlete may participate and not later than 72 hours after furnishing the thing of value.
    • The student athlete or a minor athlete’s parent or guardian acknowledges to the agent in a record that receipt of the thing of value may result in the loss of the athlete’s eligibility to participate in the sport.
  • Adds language that an agent must not encourage another individual to take any of the prohibited actions on behalf of the agent or encourage another individual to assist anyone in taking any of the prohibited actions.
  • Violations of these prohibitions by an athlete agent is a serious misdemeanor, and may also result in civil penalty.
    [3/24: short form]

HF 365 – Garnishment Notices

HF 365 provides that a sheriff may serve a garnishee the notice of garnishment by electronic means in addition to the options of personal service, certified mail service or first-class mail. The garnishee may return service in the same manner, and is to submit the answers to the notice of garnishment within 21 days of service. This bill comes from the Sheriffs and Deputies Association. When a sheriff sends a notice of garnishment to a garnishee in a different county, the sheriff must notify the sheriff of the garnishee’s county as well.
[3/24: short form]


HF 621 – No Civil Liability for Firearms Manufacturers, etc.

  • HF 621, along with numerous other Republican bills limiting civil liability, provides that no civil action may be brought against a firearm or ammunition manufacturer, importer, distributor, trade association, seller or dealer when the design, manufacture, marketing, or sale of a firearm, firearm accessory or ammunition for a firearm comports with the law.
  • In addition, no civil action can be brought or maintained against a manufacturer, distributor, etc., for the recovery of damages resulting from the criminal or unlawful misuse of a firearm, firearm accessory or ammunition for a firearm by a third party.
  • If there is an action brought against a manufacturer, etc., that is prohibited by this bill, the action must be dismissed, and the defendant will be awarded reasonable attorney’s fees and costs.
  • Actions may be brought against a manufacturer, distributor, etc., for breach of contract or warranty, for damage or harm to a person or property because of defective firearm or ammunition, or for injunctive relief to enforce a valid statute, rule or ordinance.
    [3/22: 31-17, party-line (Absent: Kinney, Nunn)]

HF 756 – No Background Checks Required for Private Transfers of Firearms

HF 756 makes significant changes to Iowa’s firearms permitting laws by doing away with requirements for permits to acquire and permits to carry. The bill:

  • Does away with Iowa’s law requiring a permit to acquire for purchasing a pistol or revolver.
    • That means no expanded background check by a sheriff and no three-day waiting period to purchase a handgun.
    • MOST IMPORTANT: This means no background checks whatsoever would be required for private sales.
  • Does away with the requirement for a permit to carry a weapon in public.
    • Without the requirement for a permit to carry, people without any type of firearms training will be allowed to carry in public.

So, a person can purchase a firearm from a private seller without a background check and then carry it anywhere in public without any firearms training or proficiency.

Other sections of the bill include:

  • Iowa Capitol: Individuals will not need a permit to carry in the Capitol or on the Capitol grounds. However, there will be no open carry in the Capitol or on Capitol grounds.
  • Use of a Dangerous Weapon While Committing a Crime. It will be an aggravated misdemeanor if a person goes armed with a dangerous weapon and uses the dangerous weapon in the commission of a crime. However, if a person is armed with a dangerous weapon with the intent of using it against another person, it will be a “D” felony.
  • Weapons on School Grounds. The bill makes changes to the law regarding who can carry a firearm on school property.
    • Adds that all certified peace officers, including federal officers, may carry on school grounds at any time when their job requires them to be armed at all times.
  • Emergency Care Providers: Allows certain Emergency Care Providers (EMCs) to be issued a professional permit to carry when the EMC is attached to a law-enforcement tactical team, trains with the tactical team, and must complete the firearms training and additional training along with the tactical team.
  • Training: The Department of Public Safety must approve organizations—in addition to the NRA—that will certify handgun-safety training instructors. But because there is no requirement for a permit to carry, training is not required.
  • Local Government Regulations: Adds language prohibiting local governments from passing any regulation related to the “carrying” of firearms or other weapons. Current law prohibits local governments from regulating the ownership, possession, legal transfer, lawful transportation, modification, registration or licensing of firearms, but does not include “carrying” in the prohibition.
  • Tenants’ Possession and Storage of Firearms:
    • Landlords, including manufactured-housing park owners/managers who receive any type of government rental or housing assistance cannot include in the rental agreement any language prohibiting or restricting the lawful ownership, use, or possession of a firearm, firearm component or ammunition within the tenant’s specific rental unit. Possession or storage of a firearm by a tenant does not constitute a clear and present danger.
    • Landlords have liability protection from damages resulting from a firearm, etc., that the landlord must allow on the property, unless the landlord is willful, reckless or engages in gross negligence.
      [3/22: 31-17, party-line (Absent: Kinney, Nunn)]