HSB 230 (LSB 1951YC (1) 86)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE)

A BILL FOR

An Act providing for a dramshop liability study.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  DRAMSHOP LIABILITY STUDY.
   1.  The alcoholic beverages division of the department of commerce, in collaboration with the office of the attorney general and the insurance division of the department of commerce, shall conduct a study concerning alternatives to the current dramshop liability system that provides for the awarding of damages to persons injured by an intoxicated person as provided in section 123.92 and requires liquor control licensees and beer permittees to maintain liability insurance. The division, in conducting the study, shall also consult with interested stakeholders, including liquor control licensees and beer permittees.
   2.  In conducting the study, the division shall assess the feasibility of establishing a state system of compensating victims of intoxicated persons, including establishing a state fund to compensate victims, determining possible options for raising sufficient revenues for the fund, and determining whether an existing or new state entity should be responsible for administering the fund, to include the manner of determining claims. The study shall examine the costs and possible efficiencies of establishing a state-based system and provide a comparison of costs to the existing dramshop liability system.
   3.  The division shall submit a report, including its findings and recommendations, to the general assembly by January 15, 2016.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires the alcoholic beverages division of the department of commerce, in collaboration with the office of the attorney general and the insurance division of the department of commerce, to conduct a study concerning alternatives to the current dramshop liability system. The bill directs the division to assess the feasibility of establishing a state system of compensating victims of intoxicated persons. The division shall submit a report, including its findings and recommendations, to the general assembly by January 15, 2016.