Senate
File
2169
-
Enrolled
Senate
File
2169
AN
ACT
LIMITING
THE
LIABILITY
OF
AN
ALCOHOLIC
BEVERAGE
LICENSEE
OR
PERMITTEE
FOR
CERTAIN
ALCOHOL-RELATED
INJURIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
123.92,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
a.
Any
person
third
party
who
is
not
the
intoxicated
person
who
caused
the
injury
at
issue
and
who
is
injured
in
person
or
property
or
means
of
support
by
an
intoxicated
person
or
resulting
from
the
intoxication
of
a
person,
has
a
right
of
action
for
all
damages
actually
sustained,
severally
or
jointly,
up
to
the
amount
specified
in
paragraph
“c”
,
against
any
licensee
or
permittee,
whether
or
not
the
license
or
permit
was
issued
by
the
division
or
by
the
licensing
authority
of
any
other
state,
who
sold
and
served
any
beer,
wine,
or
intoxicating
liquor
directly
to
the
intoxicated
person
,
when
the
licensee
or
permittee
knew
or
should
have
known
the
person
was
intoxicated,
or
who
sold
to
and
served
the
person
to
a
point
where
the
licensee
or
permittee
knew
or
should
have
known
the
person
would
become
intoxicated
provided
that
the
person
was
visibly
intoxicated
at
the
time
of
the
sale
or
service
.
b.
If
the
injury
was
proximately
caused
by
an
intoxicated
person,
a
permittee
or
licensee
may
establish
as
an
affirmative
defense
that
the
intoxication
did
not
contribute
to
the
injurious
action
of
the
person.
Senate
File
2169,
p.
2
c.
The
total
amount
recoverable
by
each
plaintiff
in
any
civil
action
for
noneconomic
damages
for
personal
injury,
whether
in
tort,
contract,
or
otherwise,
against
a
licensee
or
permittee,
shall
be
limited
to
two
hundred
fifty
thousand
dollars
for
any
injury
or
death
of
a
person,
unless
the
jury
determines
that
there
is
a
substantial
or
permanent
loss
or
impairment
of
a
bodily
function,
substantial
disfigurement,
or
death,
which
warrants
a
finding
that
imposition
of
such
a
limitation
would
deprive
the
plaintiff
of
just
compensation
for
the
injuries
sustained.
Sec.
2.
Section
123.92,
Code
2018,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
The
division
shall
biennially
conduct
an
evaluation
concerning
minimum
coverage
requirements
of
dramshop
liability
insurance.
In
conducting
the
evaluation,
the
division
shall
include
a
comparison
of
other
states’
minimum
dramshop
liability
insurance
coverage
and
any
other
relevant
issues
the
division
identifies.
By
January
31,
2019,
and
every
two
years
thereafter,
the
division
shall
submit
a
report,
including
any
findings
and
recommendations,
to
the
general
assembly
as
provided
in
chapter
7A.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2169,
Eighty-seventh
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2018
______________________________
KIM
REYNOLDS
Governor