SF 405 (LSB 2511SS (2) 91)

SENATE FILE 405

BY  CAMPBELL

A BILL FOR

An Act regarding restrictions on alcoholic beverage sales, including a voluntary exclusion program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.9, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  To establish a process to allow a person to be voluntarily excluded from the purchase of alcoholic beverages. The process must provide that an initial request by a person to be voluntarily excluded shall be for a period of five years or life and any subsequent request following any five-year period shall be for a period of five years or life. The process established must require that retail alcohol licensees be provided electronic access to names and social security numbers of persons voluntarily excluded through a secured, interactive internet site maintained by the department of revenue, and information regarding persons voluntarily excluded shall be disseminated to all retail alcohol licensees under this chapter. The names, social security numbers, and information regarding persons voluntarily excluded shall be kept confidential unless otherwise ordered by a court or by another person duly authorized to release such information. The process established must also require that a person requesting to be voluntarily excluded be provided information compiled by the department of health and human services on the comprehensive substance use disorder program under chapter 125 for substance use disorder treatment and prevention programs. The state and any retail alcohol licensee under this chapter shall not be liable to any person for any claim which may arise from this process. The department of revenue shall not initiate any administrative action against or impose penalties on a licensee who voluntarily reports to the department of revenue an alcoholic beverage sale to a person who has voluntarily excluded themselves from purchasing alcoholic beverages.
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 director of revenue to establish a process to allow individuals to voluntarily exclude themselves from alcoholic beverage purchases from retail alcohol licensees. Similar provisions exist under current law for a voluntary exclusion process with regard to various forms of wagering and gambling, administered by the racing and gaming commission (Code sections 99D.7(23) and 99F.4(22)).
   The bill provides that an initial voluntary exclusion request is applied for a period of five years or life and any subsequent request following any five-year period is applied for a period of five years or life. The bill requires retail alcohol licensees to receive electronic access to names, social security numbers, and information regarding voluntarily excluded persons in a manner that keeps the information confidential unless legally required to be disclosed. A person who has requested to be excluded from alcoholic beverages sales must be provided information from the department of health and human services on the comprehensive substance use disorder program, including treatment and prevention programs.
   The state and retail alcohol licensees are not liable for any claim that may arise from this process and the department of revenue is prohibited from initiating administrative action against or imposing penalties on a licensee who voluntarily discloses a sale to an excluded person.