House
Study
Bill
230
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
COWNIE)
A
BILL
FOR
An
Act
providing
for
a
dramshop
liability
study.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
1951YC
(1)
86
ec/nh
H.F.
_____
Section
1.
DRAMSHOP
LIABILITY
STUDY.
1
1.
The
alcoholic
beverages
division
of
the
department
of
2
commerce,
in
collaboration
with
the
office
of
the
attorney
3
general
and
the
insurance
division
of
the
department
of
4
commerce,
shall
conduct
a
study
concerning
alternatives
to
5
the
current
dramshop
liability
system
that
provides
for
the
6
awarding
of
damages
to
persons
injured
by
an
intoxicated
person
7
as
provided
in
section
123.92
and
requires
liquor
control
8
licensees
and
beer
permittees
to
maintain
liability
insurance.
9
The
division,
in
conducting
the
study,
shall
also
consult
with
10
interested
stakeholders,
including
liquor
control
licensees
and
11
beer
permittees.
12
2.
In
conducting
the
study,
the
division
shall
assess
the
13
feasibility
of
establishing
a
state
system
of
compensating
14
victims
of
intoxicated
persons,
including
establishing
15
a
state
fund
to
compensate
victims,
determining
possible
16
options
for
raising
sufficient
revenues
for
the
fund,
and
17
determining
whether
an
existing
or
new
state
entity
should
be
18
responsible
for
administering
the
fund,
to
include
the
manner
19
of
determining
claims.
The
study
shall
examine
the
costs
and
20
possible
efficiencies
of
establishing
a
state-based
system
21
and
provide
a
comparison
of
costs
to
the
existing
dramshop
22
liability
system.
23
3.
The
division
shall
submit
a
report,
including
its
24
findings
and
recommendations,
to
the
general
assembly
by
25
January
15,
2016.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
requires
the
alcoholic
beverages
division
of
the
30
department
of
commerce,
in
collaboration
with
the
office
of
the
31
attorney
general
and
the
insurance
division
of
the
department
32
of
commerce,
to
conduct
a
study
concerning
alternatives
to
33
the
current
dramshop
liability
system.
The
bill
directs
the
34
division
to
assess
the
feasibility
of
establishing
a
state
35
-1-
LSB
1951YC
(1)
86
ec/nh
1/
2
H.F.
_____
system
of
compensating
victims
of
intoxicated
persons.
The
1
division
shall
submit
a
report,
including
its
findings
and
2
recommendations,
to
the
general
assembly
by
January
15,
2016.
3
-2-
LSB
1951YC
(1)
86
ec/nh
2/
2