Bill Text: IA HSB594 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act limiting the liability of an alcoholic beverage licensee or permittee for certain alcohol-related injuries.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-16 - Committee report, recommending amendment and passage. H.J. 282. [HSB594 Detail]
Download: Iowa-2017-HSB594-Introduced.html
House
Study
Bill
594
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
COWNIE)
A
BILL
FOR
An
Act
limiting
the
liability
of
an
alcoholic
beverage
licensee
1
or
permittee
for
certain
alcohol-related
injuries.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
123.92,
subsection
1,
Code
2018,
is
1
amended
to
read
as
follows:
2
1.
a.
Any
person
innocent
third
party
who
is
injured
3
in
person
or
property
or
means
of
support
by
an
intoxicated
4
person
or
resulting
from
the
intoxication
of
a
person,
has
a
5
right
of
action
for
all
damages
actually
sustained,
severally
6
or
jointly,
up
to
the
amounts
specified
in
paragraphs
“c”
7
and
“d”
,
against
any
licensee
or
permittee,
whether
or
not
8
the
license
or
permit
was
issued
by
the
division
or
by
the
9
licensing
authority
of
any
other
state,
who
sold
and
served
any
10
beer,
wine,
or
intoxicating
liquor
directly
to
the
intoxicated
11
person
,
when
the
licensee
or
permittee
knew
or
should
have
12
known
the
person
was
intoxicated,
or
who
sold
to
and
served
13
the
person
to
a
point
where
the
licensee
or
permittee
knew
or
14
should
have
known
the
person
would
become
intoxicated
provided
15
that
the
person
was
visibly
intoxicated
at
the
time
of
the
sale
16
or
service
.
17
b.
If
the
injury
was
proximately
caused
by
an
intoxicated
18
person,
a
permittee
or
licensee
may
establish
as
an
affirmative
19
defense
that
the
intoxication
did
not
contribute
to
the
20
injurious
action
of
the
person.
21
c.
For
all
claims
under
this
subsection
involving
injury
in
22
person
or
property,
the
judgment
or
recovery
for
such
injury
23
for
a
person
incurring
damages
shall
not
exceed
seventy-five
24
thousand
dollars.
25
d.
For
all
claims
under
this
subsection
involving
loss
of
26
means
of
support
or
loss
of
services,
companionship,
society,
27
or
consortium
resulting
from
the
death
or
injury
of
a
person,
28
the
judgment
or
recovery
of
any
person
shall
not
exceed
one
29
hundred
thousand
dollars.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
limits
the
liability
of
an
alcoholic
beverage
34
licensee
or
permittee
for
certain
alcohol-related
injuries,
35
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_____
commonly
referred
to
as
the
dram
shop
Act.
1
Under
current
law,
an
alcoholic
beverage
licensee
or
2
permittee,
whether
or
not
the
license
or
permit
was
issued
3
by
the
division
or
by
the
licensing
authority
of
any
other
4
state,
is
liable
to
a
person
for
all
damages
resulting
from
an
5
intoxicated
person
if
the
licensee
or
permittee
sold
or
served
6
the
alcohol
to
the
intoxicated
person
when
the
licensee
or
7
permittee
knew
or
should
have
known
the
person
was
intoxicated,
8
or
who
sold
to
and
served
the
person
to
a
point
where
the
9
licensee
or
permittee
knew
or
should
have
known
the
person
10
would
become
intoxicated.
11
The
bill
provides
that
damages
are
available
to
an
innocent
12
third
party,
and
that
a
licensee
or
permittee
is
liable
only
13
if
the
licensee
or
permittee
sold
and
served
any
beer,
wine,
14
or
intoxicating
liquor
directly
to
the
intoxicated
person,
15
provided
that
the
person
was
visibly
intoxicated
at
the
time
16
of
the
sale
or
service.
17
The
bill
provides
that
damages
available
to
an
innocent
18
third
party
from
a
licensee
or
permittee
are
limited
to
$75,000
19
for
claims
involving
injury
to
a
person
or
property,
and
to
20
$100,000
for
claims
involving
loss
of
means
of
support
or
loss
21
of
services,
companionship,
society,
or
consortium
resulting
22
from
the
death
or
injury
of
a
person.
23
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