SF 120 (LSB 1680XS (5) 88)

SENATE FILE 120

BY  SCHNEIDER

A BILL FOR

An Act prohibiting a governing board of a public college or university from adopting or enforcing any policy or rule that prohibits a person from carrying, transporting, or possessing a dangerous weapon producing a nonprojectile high-voltage pulse designed to immobilize a person in the buildings or on the grounds of such a college or university, and including civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  260C.14A  Limitation on authority —— nonprojectile high-voltage pulse weapons designed to immobilize.
   The board of directors of a community college shall comply with the requirements of section 724.8A regarding policies and rules relating to the carrying, transportation, or possession of a dangerous weapon that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person in the buildings or on the grounds of the community college, as long as such a dangerous weapon does not generate a projectile that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person, and such a dangerous weapon is not used in the commission of a public offense.
    Sec. 2.  NEW SECTION.  262.9D  Limitation on authority —— nonprojectile high-voltage pulse weapons designed to immobilize.
   The state board of regents shall comply with the requirements of section 724.8A regarding policies and rules relating to the carrying, transportation, or possession of a dangerous weapon that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person in the buildings or on the grounds of a university under the control of the state board of regents, as long as such a dangerous weapon does not generate a projectile that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person, and such a dangerous weapon is not used in the commission of a public offense.
    Sec. 3.  Section 602.8105, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  The clerk of the district court shall collect a civil penalty assessed under section 724.8A. Any moneys collected from the civil penalty shall be deposited into the general fund of the state.
    Sec. 4.  NEW SECTION.  724.8A  Limitation on authority —— nonprojectile high-voltage pulse weapons designed to immobilize —— public universities and community colleges.
   1.  The governing board of a university under the control of the state board of regents as provided in chapter 262, or a community college under the jurisdiction of a board of directors for a merged area as provided in chapter 260C shall not adopt or enforce any policy or rule that prohibits the carrying, transportation, or possession of a dangerous weapon that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person in the buildings or on the grounds of such a college or university, as long as such a dangerous weapon does not generate a projectile that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person, and such a dangerous weapon is not used in the commission of a public offense.
   2.  a.  A governing board found to be in violation of subsection 1 shall be assessed a civil penalty of between two thousand five hundred dollars and five thousand dollars and shall be ordered to pay the plaintiff’s reasonable attorney fees and court costs.
   b.  The requirements of this section may be enforced by the state or through a private cause of action.
   c.  The civil penalty shall be collected by the clerk of the district court and shall be deposited as provided in section 602.8105, subsection 5.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, Code section 724.4(4)(l) allows a person who is 18 years of age or older to go armed with a dangerous weapon that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person, as long as such a dangerous weapon does not generate a projectile that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person, and such a dangerous weapon is not used in the commission of a public offense.
   This bill provides that the governing board of a university under the control of the state board of regents as provided in Code chapter 262, or a community college under the jurisdiction of a board of directors for a merged area as provided in Code chapter 260C shall not adopt or enforce any policy or rule that prohibits the carrying, transportation, or possession of a dangerous weapon that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person in the buildings or on the grounds of such a college or university, as long as such a dangerous weapon does not generate a projectile that directs an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person, and such a dangerous weapon is not used in the commission of a public offense.
   The bill provides that a governing board found to be in violation of the bill shall be assessed a civil penalty of between $2,500 and $5,000 and shall pay the plaintiff’s reasonable attorney fees and court costs. The bill may be enforced by the state or through a private cause of action. The bill specifies that the civil penalty shall be deposited into the general fund of the state.