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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