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November 2, 2010
Tuesday, November 02, 2010 10:00 AM
Additions and Enhancements
Update to 1/1/2010 - The APIS information appearing on this Web site has been updated to include legislative and regulatory changes that took effect on or before 1/1/2010. Vehicular Insurance Exclusion and the five Alcohol Beverage Taxes policy topics have been discontinued and are not included in the update.
Underage Drinking “Parent/Guardian” Exception – The comparison tables for Possession/Consumption/Internal Possession were simplified by consolidating the Parent/Guardian “Gives Consent,” “Is Present,” and “Role Not Specified” variables into a single Yes/No variable entitled “Parent/Guardian.”
Social Host “Knowledge Standard” – The “Knowledge Standard” variable for Hosting Underage Drinking Parties was revised to include an additional category for “Recklessness” to encompass laws imposing liability where a host may not have acted with actual knowledge but instead with intentional disregard for the probable consequences of his or her actions.
Corrections and Clarifications
Open Containers of Alcohol in Motor Vehicles - The comparison tables and data for Open Container were revised in order to correct and clarify a number of issues pertaining to State compliance with Federal TEA-21 standards pursuant to 23 U.S.C. 154 and 23 C.F.R. § 1270.4. Specifically, as of this update, APIS has:
· Removed the “Conforms to Federal Standard” variable from the comparison tables for this topic;
· Provided end users with appropriate links to documents from the National Highway Traffic Safety Administration (NHTSA), so that they can make their own determination of State compliance with Federal standards;
· Provided end users with an Explanatory Note that reads: “Data presented here should not be taken as a representation of whether or not a particular State is in compliance with Federal TEA-21 standards. The National Highway Traffic Safety Administration (NHTSA) incorporates additional criteria beyond those presented here, and performs an additional analysis to determine State compliance;”
· Removed the “Any Public Highway or Right of Way” checkmark from the coding for Wyoming, for the period 7/1/2007 to present, and provided end users with an appropriate row note;
· Provided end users with a row note for Wyoming, for the period 7/1/2007 to present, describing the State’s municipal “opt out” provision (Wyo. Stat. Ann. s. 31-5-235(e));
· Revised the “Passenger Area” variable definition to address resealed wine and re-corking provisions; and
· Revised the “Any Public Highway or Right of Way” variable definition to address issues pertaining to vehicles in motion on highways as opposed to vehicles located on highways.
Changes to data presented in the comparison tables in the APIS Policy Topics section of the Web site are listed below.
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Policy Topic
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Jurisdiction
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Changes
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ACS (Monopoly) - Beer Retail
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Vermont
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For the period 1/1/1998 through 6/30/2008, changed Beer Subtype Alcohol Content Range for License from 1.00%V - 6.00%V to 1.00%V - 8.00%V, and for State-run from >6.00%V - 100.00%N to >8.00%V - 100.00%N. For the period beginning 7/1/2008, changed Beer Subtype Alcohol Content Range for License from 1.00%V - 6.00%V to 1.00%V - 16.00%V, and for State-run from >6.00%V - 100.00%N to >16.00%V - 100.00%N.
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ACS (Monopoly) - Beer Wholesale
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Vermont
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For the period 1/1/1998 through 6/30/2008, changed Beer Subtype Alcohol Content Range for License from 1.00%V - 6.00%V to 1.00%V - 8.00%V, and for State-run from >6.00%V - 100.00%N to >8.00%V - 100.00%N. For the period beginning 7/1/2008, changed Beer Subtype Alcohol Content Range for License from 1.00%V - 6.00%V to 1.00%V - 16.00%V, and for State-run from >6.00%V - 100.00%N to >16.00%V - 100.00%N.
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Beverage Service Training
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Rhode Island
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For the mandatory beverage service training program, changed coding for On or Off-Premises Establishments from Unspecified to On-Premises, and coding for New or Existing Licensees from Both to Existing, for the period beginning 6/25/2004.
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Open Container
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Wyoming
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Removed check mark for Any Public Highway or Right of Way, for the period beginning 7/1/2007.
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Parity
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New Jersey
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Removed check mark for Small Business Exemption, for the period beginning 1/1/2003.
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Pregnancy - Priority Treatment
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Colorado
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Added check marks for Priority Applies to Pregnant Women, Program Type “Not Specified,” and “Public” Provider Type, for the period beginning 3/2/2006.
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Pregnancy - Reporting Requirements
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Kentucky
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Added check mark for Referral to Child Welfare Agency in section of table dealing with Discretionary Purpose of Reporting for the period beginning 1/1/2003, and removed Jurisdiction Note regarding Ky. Rev. Stat. Ann. § 600.020(1), Ky. Rev. Stat. Ann. § 214.160, and 922 KY ADC 1:330.
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Pregnancy - Child Abuse/Neglect
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Kentucky
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Added check mark for Provisions Pertaining to Child Abuse/ Neglect for the period beginning 1/1/2003, and removed Jurisdiction Note regarding Ky. Rev. Stat. Ann. § 600.020(1), Ky. Rev. Stat. Ann. § 214.160, and 922 KY ADC 1:330.
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Pregnancy - Reporting Requirements
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North Dakota
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Removed check mark for Data Gathering in section of table dealing with Discretionary Purpose of Reporting, for the period beginning 8/1/2003.
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Pregnancy - Reporting Requirements
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Wisconsin
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Added check mark for Data Gathering in section of table dealing with Mandatory Purpose of Reporting, for the period beginning 1/1/2003.
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Tax - Wine
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Arkansas
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Replaced “$0.0185 per Gallon” with the word “varies” in the Converted Volume Tax Rate column, for the period beginning 1/1/2003. The term “case” is undefined in the statute.
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Tax - Wine
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Georgia
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Removed row containing $1.0978 per Gallon import tax on wine containing between 0% and 14% ABV, and removed row containing $1.5142 per Gallon import tax on wine containing from greater than 14% to 21% ABV, for the period beginning 1/1/2003.
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Tax - Beer
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North Dakota
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Added coding for 7% ad valorem tax on beverages containing between 0.50% ABV and 100.00% (undefined) for the period beginning 10/1/2005, and removed Jurisdiction Note reporting repeal of this tax for taxable events occurring after 9/30/2005.
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Tax - Wine
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North Dakota
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Added coding for 7% ad valorem tax on beverages containing between 0.50% and 24% ABV for the period beginning 10/1/2005, and removed Jurisdiction Note reporting repeal of this tax for taxable events occurring after 9/30/2005.
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Tax - Distilled Spirits
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North Dakota
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Added coding for 7% ad valorem tax on beverages containing between 0.50% ABV and 100.00% (undefined) for the period beginning 10/1/2005, and removed Jurisdiction Note reporting repeal of this tax for taxable events occurring after 9/30/2005.
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Tax - Beer
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Vermont
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For beverages containing between 1% ABV and 100.00% (undefined), changed coding for On-Premises ad valorem tax from 20% to 10%, for the period beginning 1/1/2003.
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Tax - Wine
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Vermont
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For beverages containing between 1% ABV and 100.00% (undefined), changed coding for On-Premises ad valorem tax from 20% to 10%, for the period beginning 1/1/2003.
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Tax - Distilled Spirits
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Vermont
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For beverages containing from greater than 1% ABV to 100.00% (undefined), changed coding for On-Premises ad valorem tax from 20% to 10%, for the period beginning 1/1/2003.
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