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Senate File 120 - IntroducedA Bill ForAn Act 1prohibiting a governing board of a public college or
2university from adopting or enforcing any policy or rule
3that prohibits a person from carrying, transporting, or
4possessing a dangerous weapon producing a nonprojectile
5high-voltage pulse designed to immobilize a person in the
6buildings or on the grounds of such a college or university,
7and including civil penalties.
8BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 260C.14A Limitation on authority —
2nonprojectile high-voltage pulse weapons designed to immobilize.
3The board of directors of a community college shall comply
4with the requirements of section 724.8A regarding policies and
5rules relating to the carrying, transportation, or possession
6of a dangerous weapon that directs an electric current,
7impulse, wave, or beam that produces a high-voltage pulse
8designed to immobilize a person in the buildings or on the
9grounds of the community college, as long as such a dangerous
10weapon does not generate a projectile that directs an electric
11current, impulse, wave, or beam that produces a high-voltage
12pulse designed to immobilize a person, and such a dangerous
13weapon is not used in the commission of a public offense.
14 Sec. 2. NEW SECTION. 262.9D Limitation on authority —
15nonprojectile high-voltage pulse weapons designed to immobilize.
16The state board of regents shall comply with the
17requirements of section 724.8A regarding policies and rules
18relating to the carrying, transportation, or possession of a
19dangerous weapon that directs an electric current, impulse,
20wave, or beam that produces a high-voltage pulse designed to
21immobilize a person in the buildings or on the grounds of a
22university under the control of the state board of regents, as
23long as such a dangerous weapon does not generate a projectile
24that directs an electric current, impulse, wave, or beam that
25produces a high-voltage pulse designed to immobilize a person,
26and such a dangerous weapon is not used in the commission of a
27public offense.
28 Sec. 3. Section 602.8105, Code 2019, is amended by adding
29the following new subsection:
30 NEW SUBSECTION. 5. The clerk of the district court shall
31collect a civil penalty assessed under section 724.8A. Any
32moneys collected from the civil penalty shall be deposited into
33the general fund of the state.
34 Sec. 4. NEW SECTION. 724.8A Limitation on authority —
35nonprojectile high-voltage pulse weapons designed to immobilize
-1-1— public universities and community colleges.
21. The governing board of a university under the control
3of the state board of regents as provided in chapter 262,
4or a community college under the jurisdiction of a board of
5directors for a merged area as provided in chapter 260C shall
6not adopt or enforce any policy or rule that prohibits the
7carrying, transportation, or possession of a dangerous weapon
8that directs an electric current, impulse, wave, or beam
9that produces a high-voltage pulse designed to immobilize a
10person in the buildings or on the grounds of such a college
11or university, as long as such a dangerous weapon does not
12generate a projectile that directs an electric current,
13impulse, wave, or beam that produces a high-voltage pulse
14designed to immobilize a person, and such a dangerous weapon is
15not used in the commission of a public offense.
162. a. A governing board found to be in violation of
17subsection 1 shall be assessed a civil penalty of between two
18thousand five hundred dollars and five thousand dollars and
19shall be ordered to pay the plaintiff’s reasonable attorney
20fees and court costs.
21b. The requirements of this section may be enforced by the
22state or through a private cause of action.
23c. The civil penalty shall be collected by the clerk of the
24district court and shall be deposited as provided in section
25602.8105, subsection 5.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29Under current law, Code section 724.4(4)(l) allows a person
30who is 18 years of age or older to go armed with a dangerous
31weapon that directs an electric current, impulse, wave, or beam
32that produces a high-voltage pulse designed to immobilize a
33person, as long as such a dangerous weapon does not generate a
34projectile that directs an electric current, impulse, wave, or
35beam that produces a high-voltage pulse designed to immobilize
-2-1a person, and such a dangerous weapon is not used in the
2commission of a public offense.
3This bill provides that the governing board of a university
4under the control of the state board of regents as provided in
5Code chapter 262, or a community college under the jurisdiction
6of a board of directors for a merged area as provided in Code
7chapter 260C shall not adopt or enforce any policy or rule
8that prohibits the carrying, transportation, or possession of
9a dangerous weapon that directs an electric current, impulse,
10wave, or beam that produces a high-voltage pulse designed to
11immobilize a person in the buildings or on the grounds of
12such a college or university, as long as such a dangerous
13weapon does not generate a projectile that directs an electric
14current, impulse, wave, or beam that produces a high-voltage
15pulse designed to immobilize a person, and such a dangerous
16weapon is not used in the commission of a public offense.
17The bill provides that a governing board found to be in
18violation of the bill shall be assessed a civil penalty
19of between $2,500 and $5,000 and shall pay the plaintiff’s
20reasonable attorney fees and court costs. The bill may be
21enforced by the state or through a private cause of action.
22The bill specifies that the civil penalty shall be deposited
23into the general fund of the state.
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2university from adopting or enforcing any policy or rule
3that prohibits a person from carrying, transporting, or
4possessing a dangerous weapon producing a nonprojectile
5high-voltage pulse designed to immobilize a person in the
6buildings or on the grounds of such a college or university,
7and including civil penalties.
8BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 260C.14A Limitation on authority —
2nonprojectile high-voltage pulse weapons designed to immobilize.
3The board of directors of a community college shall comply
4with the requirements of section 724.8A regarding policies and
5rules relating to the carrying, transportation, or possession
6of a dangerous weapon that directs an electric current,
7impulse, wave, or beam that produces a high-voltage pulse
8designed to immobilize a person in the buildings or on the
9grounds of the community college, as long as such a dangerous
10weapon does not generate a projectile that directs an electric
11current, impulse, wave, or beam that produces a high-voltage
12pulse designed to immobilize a person, and such a dangerous
13weapon is not used in the commission of a public offense.
14 Sec. 2. NEW SECTION. 262.9D Limitation on authority —
15nonprojectile high-voltage pulse weapons designed to immobilize.
16The state board of regents shall comply with the
17requirements of section 724.8A regarding policies and rules
18relating to the carrying, transportation, or possession of a
19dangerous weapon that directs an electric current, impulse,
20wave, or beam that produces a high-voltage pulse designed to
21immobilize a person in the buildings or on the grounds of a
22university under the control of the state board of regents, as
23long as such a dangerous weapon does not generate a projectile
24that directs an electric current, impulse, wave, or beam that
25produces a high-voltage pulse designed to immobilize a person,
26and such a dangerous weapon is not used in the commission of a
27public offense.
28 Sec. 3. Section 602.8105, Code 2019, is amended by adding
29the following new subsection:
30 NEW SUBSECTION. 5. The clerk of the district court shall
31collect a civil penalty assessed under section 724.8A. Any
32moneys collected from the civil penalty shall be deposited into
33the general fund of the state.
34 Sec. 4. NEW SECTION. 724.8A Limitation on authority —
35nonprojectile high-voltage pulse weapons designed to immobilize
-1-1— public universities and community colleges.
21. The governing board of a university under the control
3of the state board of regents as provided in chapter 262,
4or a community college under the jurisdiction of a board of
5directors for a merged area as provided in chapter 260C shall
6not adopt or enforce any policy or rule that prohibits the
7carrying, transportation, or possession of a dangerous weapon
8that directs an electric current, impulse, wave, or beam
9that produces a high-voltage pulse designed to immobilize a
10person in the buildings or on the grounds of such a college
11or university, as long as such a dangerous weapon does not
12generate a projectile that directs an electric current,
13impulse, wave, or beam that produces a high-voltage pulse
14designed to immobilize a person, and such a dangerous weapon is
15not used in the commission of a public offense.
162. a. A governing board found to be in violation of
17subsection 1 shall be assessed a civil penalty of between two
18thousand five hundred dollars and five thousand dollars and
19shall be ordered to pay the plaintiff’s reasonable attorney
20fees and court costs.
21b. The requirements of this section may be enforced by the
22state or through a private cause of action.
23c. The civil penalty shall be collected by the clerk of the
24district court and shall be deposited as provided in section
25602.8105, subsection 5.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29Under current law, Code section 724.4(4)(l) allows a person
30who is 18 years of age or older to go armed with a dangerous
31weapon that directs an electric current, impulse, wave, or beam
32that produces a high-voltage pulse designed to immobilize a
33person, as long as such a dangerous weapon does not generate a
34projectile that directs an electric current, impulse, wave, or
35beam that produces a high-voltage pulse designed to immobilize
-2-1a person, and such a dangerous weapon is not used in the
2commission of a public offense.
3This bill provides that the governing board of a university
4under the control of the state board of regents as provided in
5Code chapter 262, or a community college under the jurisdiction
6of a board of directors for a merged area as provided in Code
7chapter 260C shall not adopt or enforce any policy or rule
8that prohibits the carrying, transportation, or possession of
9a dangerous weapon that directs an electric current, impulse,
10wave, or beam that produces a high-voltage pulse designed to
11immobilize a person in the buildings or on the grounds of
12such a college or university, as long as such a dangerous
13weapon does not generate a projectile that directs an electric
14current, impulse, wave, or beam that produces a high-voltage
15pulse designed to immobilize a person, and such a dangerous
16weapon is not used in the commission of a public offense.
17The bill provides that a governing board found to be in
18violation of the bill shall be assessed a civil penalty
19of between $2,500 and $5,000 and shall pay the plaintiff’s
20reasonable attorney fees and court costs. The bill may be
21enforced by the state or through a private cause of action.
22The bill specifies that the civil penalty shall be deposited
23into the general fund of the state.
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