Text: SSB03128 Text: SSB03130 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 123.46A ALCOHOLIC BEVERAGES IN
1 2 UNDERGRADUATE DORMITORIES PROHIBITED – CIVIL PENALTY.
1 3 1. As used in this section, "undergraduate dormitory"
1 4 means a dormitory or residence hall used for housing
1 5 undergraduate students, which is under the control of a board
1 6 of directors of a community college under chapter 260C, an
1 7 accredited private institution as defined in section 261.9, or
1 8 an institution of higher learning under the control of the
1 9 state board of regents pursuant to chapter 262.
1 10 2. A person shall not possess or consume alcoholic liquor,
1 11 wine, or beer in an undergraduate dormitory. In addition to
1 12 any applicable criminal penalty, a person violating this
1 13 subsection shall pay a civil penalty not to exceed two hundred
1 14 dollars. The civil penalties paid pursuant to this subsection
1 15 shall be deposited in the county general fund. A person
1 16 aggrieved by another person possessing or consuming alcoholic
1 17 liquor, wine, or beer in an undergraduate dormitory, or an
1 18 institution of higher learning or community college, may
1 19 request the court to impose additional sanctions for a
1 20 violation of this subsection.
1 21 Sec. 2. Section 260C.4, Code 1999, is amended by adding
1 22 the following new subsection:
1 23 NEW SUBSECTION. 4. Adopt a policy to monitor the
1 24 enforcement of the prohibition on the possession or
1 25 consumption of alcoholic liquor, wine, or beer in
1 26 undergraduate dormitories at community colleges pursuant to
1 27 section 123.46A. The policy shall include a clear statement
1 28 of sanctions for failure of a community college to enforce the
1 29 prohibition on the possession or consumption of alcoholic
1 30 liquor, wine, or beer in undergraduate dormitories under its
1 31 control.
1 32 Sec. 3. Section 261.2, Code 1999, is amended by adding the
1 33 following new subsection:
1 34 NEW SUBSECTION. 15. Establish sanctions for accredited
1 35 private institutions which fail to enforce a prohibition on
2 1 the possession or consumption of alcoholic liquor, wine, or
2 2 beer in undergraduate dormitories under their control pursuant
2 3 to section 123.46A. The sanctions may include denial of
2 4 participation in tuition grant and other state financial aid
2 5 programs by an accredited private institution.
2 6 Sec. 4. Section 262.9, Code Supplement 1999, is amended by
2 7 adding the following new subsection:
2 8 NEW SUBSECTION. 30. Adopt a policy to monitor the
2 9 enforcement of the prohibition on the possession or
2 10 consumption of alcoholic liquor, wine, or beer in
2 11 undergraduate dormitories at the institutions of higher
2 12 learning under its control pursuant to section 123.46A. The
2 13 policy shall include a clear statement of sanctions for
2 14 failure of an institution of higher learning to enforce the
2 15 prohibition on the possession or consumption of alcoholic
2 16 liquor, wine, or beer in undergraduate dormitories.
2 17 EXPLANATION
2 18 This bill establishes a prohibition on the possession or
2 19 consumption of alcoholic liquor, wine, or beer in a
2 20 undergraduate dormitory of a private or public postsecondary
2 21 educational institution. A person who violates the alcoholic
2 22 beverage prohibition shall pay a civil penalty not to exceed
2 23 $200. The civil penalties paid shall be credited to the
2 24 county general fund. An aggrieved person or an institution of
2 25 higher learning or a community college may request the court
2 26 to impose additional sanctions for a violation of the
2 27 prohibition. Under current law, a person who is under legal
2 28 age and who possesses or consumes alcoholic beverages is
2 29 guilty of a simple misdemeanor for a first offense and a
2 30 serious misdemeanor and loss of one's driver's privileges for
2 31 one year for a second or subsequent offense.
2 32 The state board for community colleges and the state board
2 33 of regents are directed to adopt policies to monitor the
2 34 enforcement of the prohibition on the possession or
2 35 consumption of alcoholic liquor, wine, or beer in
3 1 undergraduate dormitories. The policies are to include a
3 2 clear statement of sanctions to be imposed for failure of the
3 3 community colleges or other institutions of higher learning to
3 4 enforce the prohibition.
3 5 The college student aid commission is also directed to
3 6 establish sanctions for accredited private institutions which
3 7 fail to enforce the prohibition on the possession or
3 8 consumption of alcoholic liquor, wine, or beer in their
3 9 undergraduate dormitories. The sanctions may include the
3 10 denial of participation in tuition grant or other state
3 11 financial programs by an accredited private institution.
3 12 LSB 5032SC 78
3 13 tj/cls/14
Text: SSB03128 Text: SSB03130 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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