SF 2347 — A bill for an act providing for the personal importation of alcoholic liquor, wine, and beer, concerning criminal penalties for bootlegging, and including effective date and applicability provisions. (Formerly SSB 3084.) Effective 4-10-18.

Senate File 2347 - IntroducedEnrolled SENATESenate FILEFile 2347 BYAN COMMITTEEACT ONPROVIDING STATE GOVERNMENT (SUCCESSOR TO SSB 3084) A BILL FOR AnTHE ActPERSONAL providingIMPORTATION forOF theALCOHOLIC personalLIQUOR, importationWINE, ofAND alcoholicBEER, liquor,CONCERNING wine,CRIMINAL andPENALTIES beer,FOR concerningBOOTLEGGING, criminalAND penaltiesINCLUDING forEFFECTIVE bootlegging,DATE andAND includingAPPLICABILITY effectivePROVISIONS. date and applicability provisions.

TLSBSection 5416SV1. (2) 87 ec/rn S.F.

2347 Section 1.

The division has the exclusive right of importation into the state of all forms of alcoholic liquor, except as otherwise provided in this chapter, and a person shall not import alcoholic liquor, except that an individual of legal ageSenate mayFile import2347, andp. have in the individual’s possession an amount of alcoholic liquor not exceeding one liter or, in the case of alcoholic liquor personally obtained outside the United States, four nine liters that the individual personally obtained outside the state.

2 age may import and have in the individual’s possession an amount of alcoholic liquor not exceeding one liter or, in the case of alcoholic liquor personally obtained outside the United States, four nine liters per calendar month that the individual personally obtained outside the state.

The division shall act as the sole wholesaler of alcoholic liquor to class “E” liquor LSBcontrol 5416SVlicensees. (2) 87 -1- ec/rn 1/5 S.F.

2347 control licensees.

AnyA person, except a person under legal age, who violates any of the provisions of this section shallcommits bethe guiltyfollowing: of an aggravated misdemeanor.

AnySenate personFile under2347, legalp. age who violates any of the provisions of this section shall be guilty of a serious misdemeanor.

3 a.

For a first offense, a simple misdemeanor.

b.

For a second or subsequent offense, a serious misdemeanor.

However, an individual of legal age may import into the state without a certificate, permit, or license an amount of beer not to exceed four and one-half gallons per calendar month that the individual personally obtained outside the state or, in the case of beer personally obtained outside the United States, a quantity which does not exceed the amount allowed by federal law governing the importation of alcoholic beverages into the United States for personal LSBconsumption. 5416SV (2) 87 -2- ec/rn 2/5 S.F.

2347 consumption.

The section of this Act amending sectionSenate 123.10File applies2347, top. requests for waivers made on or after June 1, 2018.

EXPLANATION4 Thesection inclusion123.10 ofapplies thisto explanationrequests doesfor notwaivers constitutemade agreementon withor theafter explanation’sJune substance1, by2018. the members of the general assembly.

This______________________________ bill______________________________ concernsCHARLES SCHNEIDER LINDA UPMEYER President of the personalSenate importationSpeaker of alcoholicthe liquor,House wine,I andhereby beer,certify andthat increasesthis bill originated in the criminalSenate penaltiesand foris bootlegging.known as Senate File 2347, Eighty-seventh General Assembly.

Code______________________________ sectionW. 123.10, is amended to authorize the administrator of the alcoholic beverages division to adopt LSB 5416SV (2) 87 -3- ec/rn 3/5 S.F.

2347CHARLES rulesSMITHSON providingSecretary for the issuance of a waiver to an individual desiring to import alcoholic liquor, wine, or beer in excess of the amountSenate otherwiseApproved allowed_______________, by2018 Code______________________________ chapterKIM 123,REYNOLDS butGovernor only if the individual was domiciled outside the state within one year of the request and if the alcoholic liquor, wine, or beer is to be used only for personal consumption.

The bill provides that the amendment to this Code section applies to requests for waivers made on or after June 1, 2018.

Code section 123.22, concerning alcoholic liquor, is amended to allow an individual to import an amount of alcoholic liquor not exceeding nine liters that the individual personally obtained outside the state for personal consumption.

Current law allowed the importation of alcoholic liquor in an amount not exceeding one liter, or if obtained outside the United States, in an amount not exceeding four liters.

Code section 123.59, concerning bootlegging, is amended.

The bill modifies the provision that a person is a bootlegger if they have any alcoholic beverage with the intent to sell or dispense the alcoholic beverage by gift or otherwise in violation of law by striking the reference to gift or otherwise.

The bill also specifically provides for the criminal penalty applicable for a violation of the Code section.

The bill provides that any person under legal age who violates any of the provisions of the Code section shall be guilty of a serious misdemeanor while any other person who violates the Code section shall be guilty of an aggravated misdemeanor.

Under current law, the Code section makes a violation of the Code section subject to the general penalties provided by Code chapter 123.

Pursuant to Code section 123.90, the criminal penalties applicable to a violation of the Code chapter provide that a person under legal age is guilty of a simple misdemeanor while any other person is guilty of a serious misdemeanor for a violation of the Code chapter.

A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than LSB 5416SV (2) 87 -4- ec/rn 4/5 S.F.

2347 $1,875, while an aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.

New Code section 123.146 allows an individual of legal age to personally obtain outside the state and import into the state for personal use a certain amount of beer without a certificate, permit, or license.

The bill limits the amount of beer to be imported for personal use to an amount of beer not to exceed four and one-half gallons per calendar month or, in the case of beer personally obtained outside the United States, a quantity which does not exceed the amount allowed by federal law governing the importation of alcoholic beverages into the United States for personal consumption.

Code section 123.171 is amended to allow an individual of legal age to personally obtain outside the state and import into the state for personal use a certain amount of wine without a certificate, permit, or license.

The bill limits the amount of wine to be imported for personal use to an amount of wine not to exceed nine liters per calendar month or, in the case of wine personally obtained outside the United States, a quantity which does not exceed the amount allowed by federal law governing the importation of alcoholic beverages into the United States for personal consumption.

The bill takes effect upon enactment.

LSB 5416SV (2) 87 -5- ec/rn 5/5