Text: S03322 Text: S03324 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, S-3236, to Senate File 515, as
1 2 follows:
1 3 #1. Page 1, by inserting after line 27, the
1 4 following:
1 5 "# . Page 3, by striking lines 12 and 13."
1 6 #2. By striking page 1, line 28, through page 2,
1 7 line 1, and inserting the following:
1 8 "# . By striking page 4, line 2 through page 5,
1 9 line 15 and inserting the following:
1 10 "Sec. . Section 123.92, Code 1997, is amended
1 11 by adding the following new unnumbered paragraph:
1 12 NEW UNNUMBERED PARAGRAPH. Notwithstanding section
1 13 123.49, subsection 1, any person who is injured in
1 14 person or property or means of support by a person who
1 15 is under legal age and who is under the influence of
1 16 beer, wine, or intoxicating liquor or resulting from
1 17 the acts or omissions of a person who is under legal
1 18 age and who is under the influence of beer, wine, or
1 19 intoxicating liquor, has a right of action for all
1 20 damages actually sustained, severally or jointly,
1 21 against a person who is not a licensee or permittee
1 22 and who dispensed or gave any beer, wine, or
1 23 intoxicating liquor to the under-age person who is
1 24 under the influence of beer, wine, or intoxicating
1 25 liquor when the nonlicensee or nonpermittee who
1 26 dispensed or gave the beer, wine, or intoxicating
1 27 liquor to the under-age person knew or should have
1 28 known the under-age person was intoxicated, or who
1 29 dispensed or gave beer, wine, or intoxicating liquor
1 30 to the under-age person to a point where the
1 31 nonlicensee or nonpermittee knew or should have known
1 32 that the under-age person would be under the influence
1 33 of beer, wine, or intoxicating liquor. If the injury
1 34 was caused by an intoxicated person who is under legal
1 35 age, a person who is not a licensee or permittee and
1 36 who dispensed or gave beer, wine, or intoxicating
1 37 liquor to the under-age person may establish as an
1 38 affirmative defense that the influence of beer, wine,
1 39 or intoxicating liquor did not contribute to the
1 40 injurious action of the under-age person.""
1 41 #3. By numbering and renumbering as necessary.
1 42
1 43
1 44
1 45 TOM VILSACK
1 46 SF 515.205 77
1 47 lh/jj/28
Text: S03322 Text: S03324 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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