Dems: State Government Committee Report – Week 8, 2018

March 1, 2018
By

SF 2310 — Alcoholic Beverages Division technical cleanup bill
SF 2323 – Disclosure of Federal Foreign Agents in state boards and commissions
SF 2333 – Amusement concession prize award increase (Dave and Buster’s)
SF 2334 – Hospital license transfers for behavioral health services
SF 2347 – Personal importation of alcohol changes, increased penalties
HF 2417/SF 2332 – Credit cards to pay for county/state fair token bracelets

 

FLOOR ACTION:

SF 2310 is an Alcoholic Beverages Division technical cleanup bill. It makes changes to Chapter 123 to eliminate language that is unclear, inaccurate or redundant; establishes wording that accurately reflects the Division’s practices; creates uniform use of defined terms; and establishes a process for obtaining a new or renewal Wine Direct Shipper Permit/Alcohol Carrier Permits that is consistent with other licenses and permits. These changes will make the law easier to understand and enforce. Key changes include:

  • Section 1 establishes a definition for “brewpub,” a term that is commonly used to describe a retailer who also makes beer.
  • Section 2 amends the definition of “alcoholic liquor” by striking the alternative term “intoxicating liquor,” and replacing it wherever it appears in the chapter.
  • Sections 12, 22, 26, 62, 67 and 71 identify when an applicant must obtain a federal basic permit issued by the Tobacco, Tax and Trade Bureau of the United States Department of the Treasury. This is not a new requirement; adding it to the Code is intended to provide guidance to applicants.
  • Section 16 establishes a timeframe for licensees and permittees to report ownership changes to the local authority and the Division. This is a substantive change that helps ensure state and local licensing authorities and law enforcement officials have complete and accurate information about the ownership of licensed entities.
  • Section 71 establishes a process for obtaining a new or renewal wine direct shipper permit/wine carrier permit that is consistent with other licenses and permits issued by the Division.
    [2/28: 50-0]

 

SF 2323 requires a Governor’s appointee subject to Senate confirmation to provide a notarized statement on whether they have filed a registration statement pursuant to the federal Foreign Agents Registration Act. Under the bill, a member of any board, committee, commission or council must disclose if they have subsequently filed a registration statement to the federal Foreign Agents Registration Act. The bill also requires the Department of Administrative Services to develop rules for employees and applicants to disclose whether they have filed such a registration statement. The committee adopted an amendment to increase penalties to a serious misdemeanor, which would be a fine of $315 to $1,875, and imprisonment for up to one year.
[2/27: 50-0]

 

SF 2333 increases amusement concession prize levels for Dave and Buster’s and similar businesses. The cash value of prizes that can be won in an amusement game increases from $150 to $950. The prizes are such products as T-shirts, iPads and gaming systems.
[2/27: 45-5 (No: Bolkcom, Hogg, D. Johnson, Taylor, Quirmbach)]

 

SF 2334 allows the Department of Inspections and Appeals to approve the transfer or assignment of a license of a hospital that offers only behavioral health services to a person or government unit. A committee amendment makes implementation easier for the Department.
[2/26: 49-0 (Excused: Chelgren)]

 

SF 2347 has three parts. First, the bill allows the Alcoholic Beverages Division administrator to issue a waiver to someone who wants to import liquor, wine or beer in excess of the amount otherwise allowed when they first move into Iowa. The waiver is only available to new Iowa residents who have collections or large quantities of liquor, beer or wine for at-home personal consumption. A committee amendment clarifies that the bill only applies to alcohol obtained outside the state.

Second, the bill allows a person to obtain a certain amount of liquor, beer or wine outside the state and import it to the state for personal use without a certificate, permit or license. Currently, only 1 liter of liquor legally can be brought into the state. There is no allowance for wine or beer. The bill raises the amount of liquor that can be brought into the state to 9 liters. It allows beer personally obtained out of state not to exceed 4.5 gallons per calendar month (approximately 24 cans). An amendment allows nine liters per calendar month of wine to be personally obtained and brought into the state.

Third, the bill increases penalties for bootlegging. Bootlegging is when a person brings liquor, wine or beer into Iowa from another state or country to re-sell it or give it away (as a gift). Currently, a person can only bring in one liter of liquor; any more than that (or any beer or wine) would be considered bootlegging. Current penalties for bootlegging are a simple misdemeanor for giving or selling alcohol to an adult, or a serious misdemeanor for providing bootlegged alcohol to a minor. The bill increases the penalties to a serious misdemeanor for providing alcohol to an adult and an aggravated misdemeanor for providing alcohol to a minor.
[2/27: 49-1 (No: Costello)]

 

HF 2417/SF 2332 allows people to use a credit card to pay for purchases at an amusement concession at a county or the state fair.
[2/27: 50-0]

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