Text: HF02035 Text: HF02037 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.46, subsection 1, Code 1999, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. e. "Undergraduate dormitory" means a 1 4 dormitory or residence hall used for housing undergraduate 1 5 students, which is under the control of a board of directors 1 6 of a community college under chapter 260C, an accredited 1 7 private institution as defined in section 261.9, or an 1 8 institution of higher learning under the control of the state 1 9 board of regents pursuant to chapter 262. 1 10 Sec. 2. Section 123.46, Code 1999, is amended by adding 1 11 the following new subsection: 1 12 NEW SUBSECTION. 2A. A person shall not possess or consume 1 13 alcoholic liquor, wine, or beer in an undergraduate dormitory. 1 14 In addition to a criminal penalty which may apply, a person 1 15 violating this subsection shall pay a civil penalty not to 1 16 exceed two hundred dollars. Judicial magistrates shall hear 1 17 and determine violations of this subsection. The civil 1 18 penalties paid pursuant to this subsection shall be deposited 1 19 in the county general fund. A person aggrieved by another 1 20 person possessing or consuming alcoholic liquor, wine, or beer 1 21 in an undergraduate dormitory, or an institution of higher 1 22 learning or community college, may request the court to impose 1 23 additional sanctions for a violation of this subsection. 1 24 Sec. 3. Section 260C.4, Code 1999, is amended by adding 1 25 the following new subsection: 1 26 NEW SUBSECTION. 4. Adopt a policy to monitor the 1 27 enforcement of the prohibition on the possession or 1 28 consumption of alcoholic liquor, wine, or beer in 1 29 undergraduate dormitories at community colleges pursuant to 1 30 section 123.46. The policy shall include a clear statement of 1 31 sanctions for failure of a community college to enforce the 1 32 prohibition on the possession or consumption of alcoholic 1 33 liquor, wine, or beer in undergraduate dormitories under its 1 34 control. 1 35 Sec. 4. Section 261.2, Code 1999, is amended by adding the 2 1 following new subsection: 2 2 NEW SUBSECTION. 15. Establish sanctions for accredited 2 3 private institutions which fail to enforce a prohibition on 2 4 the possession or consumption of alcoholic liquor, wine, or 2 5 beer in undergraduate dormitories under their control pursuant 2 6 to section 123.46. The sanctions may deny participation in 2 7 tuition grant and other state financial aid programs by an 2 8 accredited private institution. 2 9 Sec. 5. Section 262.9, Code Supplement 1999, is amended by 2 10 adding the following new subsection: 2 11 NEW SUBSECTION. 30. Adopt a policy to monitor the 2 12 enforcement of the prohibition on the possession or 2 13 consumption of alcoholic liquor, wine, or beer in 2 14 undergraduate dormitories at the institutions of higher 2 15 learning under its control pursuant to section 123.46. The 2 16 policy shall include a clear statement of sanctions for 2 17 failure of an institution of higher learning to enforce the 2 18 prohibition on the possession or consumption of alcoholic 2 19 liquor, wine, or beer in undergraduate dormitories. 2 20 EXPLANATION 2 21 This bill establishes a prohibition on the possession or 2 22 consumption of alcoholic liquor, wine, or beer in a 2 23 undergraduate dormitory of a private or public postsecondary 2 24 educational institution. A person who violates the alcoholic 2 25 beverage prohibition shall pay a civil penalty not to exceed 2 26 $200. Judicial magistrates shall hear and determine 2 27 violations. The civil penalties paid shall be credited to the 2 28 county general fund. An aggrieved person or an institution of 2 29 higher learning or a community college may request the court 2 30 to impose additional sanctions for a violation of the 2 31 prohibition. A person who is under legal age and who 2 32 possesses or consumes alcoholic beverages is guilty of a 2 33 simple misdemeanor for a first offense and a serious 2 34 misdemeanor and loss of one's driver's privileges for one year 2 35 for a second or subsequent offense. 3 1 The state board for community colleges and the state board 3 2 of regents are directed to adopt policies to monitor the 3 3 enforcement of the prohibition on the possession or 3 4 consumption of alcoholic liquor, wine, or beer in 3 5 undergraduate dormitories. The policies are to include a 3 6 clear statement of sanctions to be imposed for failure of the 3 7 community colleges or other institutions of higher learning to 3 8 enforce the prohibition. 3 9 The college student aid commission is also directed to 3 10 establish sanctions for accredited private institutions which 3 11 fail to enforce the prohibition on the possession or 3 12 consumption of alcoholic liquor, wine, or beer in their 3 13 undergraduate dormitories. The sanctions may include the 3 14 denial of participation in tuition grant or other state 3 15 financial programs by an accredited private institution. 3 16 LSB 5032HH 78 3 17 tj/cls/14.1
Text: HF02035 Text: HF02037 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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