Senate
File
405
-
Introduced
SENATE
FILE
405
BY
CAMPBELL
A
BILL
FOR
An
Act
regarding
restrictions
on
alcoholic
beverage
sales,
1
including
a
voluntary
exclusion
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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405
Section
1.
Section
123.9,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8.
To
establish
a
process
to
allow
a
person
3
to
be
voluntarily
excluded
from
the
purchase
of
alcoholic
4
beverages.
The
process
must
provide
that
an
initial
request
5
by
a
person
to
be
voluntarily
excluded
shall
be
for
a
period
6
of
five
years
or
life
and
any
subsequent
request
following
7
any
five-year
period
shall
be
for
a
period
of
five
years
or
8
life.
The
process
established
must
require
that
retail
alcohol
9
licensees
be
provided
electronic
access
to
names
and
social
10
security
numbers
of
persons
voluntarily
excluded
through
a
11
secured,
interactive
internet
site
maintained
by
the
department
12
of
revenue,
and
information
regarding
persons
voluntarily
13
excluded
shall
be
disseminated
to
all
retail
alcohol
licensees
14
under
this
chapter.
The
names,
social
security
numbers,
and
15
information
regarding
persons
voluntarily
excluded
shall
be
16
kept
confidential
unless
otherwise
ordered
by
a
court
or
by
17
another
person
duly
authorized
to
release
such
information.
18
The
process
established
must
also
require
that
a
person
19
requesting
to
be
voluntarily
excluded
be
provided
information
20
compiled
by
the
department
of
health
and
human
services
on
the
21
comprehensive
substance
use
disorder
program
under
chapter
125
22
for
substance
use
disorder
treatment
and
prevention
programs.
23
The
state
and
any
retail
alcohol
licensee
under
this
chapter
24
shall
not
be
liable
to
any
person
for
any
claim
which
may
25
arise
from
this
process.
The
department
of
revenue
shall
not
26
initiate
any
administrative
action
against
or
impose
penalties
27
on
a
licensee
who
voluntarily
reports
to
the
department
28
of
revenue
an
alcoholic
beverage
sale
to
a
person
who
has
29
voluntarily
excluded
themselves
from
purchasing
alcoholic
30
beverages.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
requires
the
director
of
revenue
to
establish
a
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405
process
to
allow
individuals
to
voluntarily
exclude
themselves
1
from
alcoholic
beverage
purchases
from
retail
alcohol
2
licensees.
Similar
provisions
exist
under
current
law
for
a
3
voluntary
exclusion
process
with
regard
to
various
forms
of
4
wagering
and
gambling,
administered
by
the
racing
and
gaming
5
commission
(Code
sections
99D.7(23)
and
99F.4(22)).
6
The
bill
provides
that
an
initial
voluntary
exclusion
7
request
is
applied
for
a
period
of
five
years
or
life
and
any
8
subsequent
request
following
any
five-year
period
is
applied
9
for
a
period
of
five
years
or
life.
The
bill
requires
retail
10
alcohol
licensees
to
receive
electronic
access
to
names,
11
social
security
numbers,
and
information
regarding
voluntarily
12
excluded
persons
in
a
manner
that
keeps
the
information
13
confidential
unless
legally
required
to
be
disclosed.
A
person
14
who
has
requested
to
be
excluded
from
alcoholic
beverages
sales
15
must
be
provided
information
from
the
department
of
health
and
16
human
services
on
the
comprehensive
substance
use
disorder
17
program,
including
treatment
and
prevention
programs.
18
The
state
and
retail
alcohol
licensees
are
not
liable
for
19
any
claim
that
may
arise
from
this
process
and
the
department
20
of
revenue
is
prohibited
from
initiating
administrative
action
21
against
or
imposing
penalties
on
a
licensee
who
voluntarily
22
discloses
a
sale
to
an
excluded
person.
23
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