House
File
2403
-
Introduced
HOUSE
FILE
2403
BY
WILLS
A
BILL
FOR
An
Act
repealing
the
state
monopoly
on
the
importation
1
of
alcoholic
liquor,
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5994YH
(3)
91
jm/ns
H.F.
2403
Section
1.
Section
123.10,
subsection
13,
Code
2026,
is
1
amended
to
read
as
follows:
2
13.
Providing
for
the
issuance
of
a
waiver
for
an
individual
3
of
legal
age
desiring
to
import
alcoholic
liquor,
wine,
or
beer
4
in
excess
of
the
amount
provided
in
section
123.22,
123.122
,
or
5
123.171
,
as
applicable.
The
waiver
shall
be
limited
to
those
6
individuals
who
were
domiciled
outside
the
state
within
one
7
year
of
the
request
for
a
waiver
and
shall
provide
that
any
8
alcoholic
liquor,
wine,
or
beer
imported
pursuant
to
the
waiver
9
shall
be
for
personal
consumption
only
in
a
private
home
or
10
other
private
accommodation.
11
Sec.
2.
Section
123.26,
Code
2026,
is
amended
to
read
as
12
follows:
13
123.26
Restrictions
on
sales
——
seals
——
labeling.
14
Alcoholic
liquor
shall
not
be
sold
by
a
class
“E”
retail
15
alcohol
licensee
except
in
a
sealed
container
with
identifying
16
markers
as
prescribed
by
the
director
and
affixed
in
the
manner
17
prescribed
by
the
director,
and
no
such
container
shall
be
18
opened
upon
the
premises
of
a
state
warehouse.
The
department
19
shall
cooperate
with
the
department
of
natural
resources
so
20
that
only
one
identifying
marker
or
mark
is
needed
to
satisfy
21
the
requirements
of
this
section
and
section
455C.5,
subsection
22
1
.
Possession
of
alcoholic
liquors
which
do
not
carry
the
23
prescribed
identifying
markers
is
a
violation
of
this
chapter
24
except
as
provided
in
section
123.22
.
25
Sec.
3.
Section
123.28,
subsection
4,
Code
2026,
is
amended
26
to
read
as
follows:
27
4.
This
section
does
not
prohibit
a
private
person
from
28
transporting
individual
bottles
or
containers
of
alcoholic
29
liquor
exempted
pursuant
to
section
123.22
and
individual
30
bottles
or
containers
bearing
the
identifying
mark
prescribed
31
in
section
123.26
which
have
been
opened
previous
to
the
32
commencement
of
the
transportation.
33
Sec.
4.
REPEAL.
Section
123.22,
Code
2026,
is
repealed.
34
Sec.
5.
DEPARTMENT
OF
REVENUE
——
PROPOSED
LEGISLATION.
The
35
-1-
LSB
5994YH
(3)
91
jm/ns
1/
3
H.F.
2403
department
of
revenue
shall
review
chapter
123
and
any
1
associated
alcoholic
beverage
control
provisions
based
on
2
the
elimination
of
the
state
monopoly
on
the
importation
of
3
alcoholic
liquor,
as
enacted
by
this
Act,
including
but
not
4
limited
to
the
department’s
powers
and
duties
under
law,
5
tax
and
other
financial
implications,
and
administrative
6
implications,
and
shall
submit
any
proposed
legislation
7
pursuant
to
section
2.16
for
consideration
by
the
general
8
assembly
during
the
2027
regular
session
of
the
Ninety-second
9
General
Assembly.
The
proposed
legislation
must
also
provide
10
for
the
disposal
of
associated
warehouses
or
other
state
11
infrastructure
determined
to
be
no
longer
necessary.
12
Sec.
6.
EFFECTIVE
DATE.
13
1.
Except
as
provided
in
subsection
2,
this
Act
takes
effect
14
July
1,
2027.
15
2.
The
section
of
this
Act
directing
the
department
of
16
revenue
to
review
the
implications
of
this
Act
and
submit
17
proposed
legislation,
being
deemed
of
immediate
importance,
18
takes
effect
upon
enactment.
19
Sec.
7.
APPLICABILITY.
This
Act
applies
to
the
importation
20
of
alcoholic
liquors
into
the
state
on
or
after
July
1,
2027.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
repeals
the
state
monopoly
on
the
importation
of
25
alcoholic
liquor.
26
Currently,
the
department
of
revenue
(department)
has
a
27
monopoly
on
the
importation
of
most
forms
of
alcoholic
liquors
28
imported
into
the
state.
The
bill
repeals
the
department’s
29
monopoly,
and
instructs
the
department
to
review
the
30
implications
of
the
repeal
and
submit
any
proposed
legislation
31
to
the
general
assembly
for
consideration
during
the
2027
32
regular
session.
33
The
bill
takes
effect
July
1,
2027.
However,
the
provision
34
instructing
the
department
to
review
the
implications
of
the
35
-2-
LSB
5994YH
(3)
91
jm/ns
2/
3
H.F.
2403
bill
and
to
submit
proposed
legislation
takes
effect
upon
1
enactment.
2
The
bill
applies
to
the
importation
of
alcoholic
liquors
3
into
the
state
on
or
after
July
1,
2027.
4
-3-
LSB
5994YH
(3)
91
jm/ns
3/
3