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H0768aaS...................................................by STATE AFFAIRS
ALCOHOL AGE VIOLATION - Amends existing law to provide that a conviction of
a person on the basis of age for a violation of laws pertaining to the use,
possession, procurement or dispensing of beer, wine or other alcoholic
beverages shall not be used or considered in any manner for purposes of
motor vehicle insurance.
02/25 House intro - 1st rdg - to printing
02/26 Rpt prt - to Bus
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds,
Richman, Ridinger, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Crane, Robison, Mr Speaker
Floor Sponsor - Stubbs
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Com/HuRes
03/13 Rpt out - to 14th Ord
Rpt out amen - to 1st rdg as amen
03/16 1st rdg - to 2nd rdg as amen
03/16 Rls susp - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Sandy
Title apvd - to House
03/17 House concurred in Senate amens - to engros
03/18 Rpt engros - 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 68-1-1
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Bruneel, Callister, Campbell, Chase, Clark,
Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- Boe
Absent and excused -- Jones(22),
Floor Sponsor - Stubbs
Title apvd - to enrol
03/20 Rpt enrol - Sp signed
03/23 Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 312
Effective: 07/01/98
H0768|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 768, As Amended in the Senate BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BEER, WINE OR OTHER ALCOHOL AGE VIOLATIONS; AMENDING SECTION 3 18-1502, IDAHO CODE, TO PROVIDE THAT A CONVICTION OF A PERSON ON THE BASIS 4 OF AGE FOR A VIOLATION OF LAWS PERTAINING TO THE USE, POSSESSION, PROCURE- 5 MENT OR DISPENSING OF BEER, WINE OR OTHER ALCOHOLIC BEVERAGES SHALL NOT BE 6 USED OR CONSIDERED IN ANY MANNER FOR PURPOSES OF MOTOR VEHICLE INSURANCE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-1502, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-1502. BEER, WINE OR OTHER ALCOHOL AGE VIOLATIONS -- FINES. (a) When- 11 ever a person is in violation, on the basis of his age, of any federal, state, 12 or municipal law or ordinance pertaining to the use, possession, procurement, 13 or attempted procurement, or dispensing of any beer, wine or other alcoholic 14 beverage product, the violation shall constitute a misdemeanor. 15 (b) Every person convicted of a misdemeanor under this section shall be 16 punished by a fine of not more than one thousand dollars ($1,000). The second 17 conviction under this section shall be punished by a fine of not more than two 18 thousand dollars ($2,000), or up to thirty (30) days in jail or both. The 19 third and subsequent conviction under this section shall be punished by a fine 20 of not more than three thousand dollars ($3,000), or up to sixty (60) days in 21 jail or both. 22 (c) A conviction under this section shall not be usedas a factor23or considered in any manner forthepurpose s 24 ofestablishing rates ofmotor vehicle insurance . 25charged by a casualty insurer, nor shall such conviction be grounds for26nonrenewal of any insurance policy as provided in section 41-2507, Idaho Code.2728 (d) Whenever a person pleads guilty or is found guilty of violating any 29 law pertaining to the possession, use, procurement, attempted procurement or 30 dispensing of any beer, wine, or other alcoholic beverage, and such person was 31 under twenty-one (21) years of age at the time of such violation, then in 32 addition to the penalty provided in subsection (b) of this section: 33 (1) The court shall suspend the person's driving privileges for a period 34 of not more than one (1) year. The person may request restricted driving 35 privileges during the period of suspension, which the court may allow, if 36 the person shows by a preponderance of the evidence that driving privi- 37 leges are necessary as deemed appropriate by the court. 38 (2) If the person's driving privileges have been previously suspended 39 under this section, the court shall suspend the person's driving privi- 40 leges for a period of not more than two (2) years. The person may request 41 restricted driving privileges during the period of suspension, which the 42 court may allow, if the person shows by a preponderance of the evidence 43 that driving privileges are necessary as deemed appropriate by the court. 2 1 (3) The person shall surrender his license or permit to the court. 2 (4) The court shall notify the motor vehicle division of the Idaho trans- 3 portation department of all orders of suspension it issues pursuant to 4 this section. 5 (5) The court, in its discretion, may also order the person to undergo 6 and complete an alcohol evaluation and to complete an alcohol treatment or 7 education program in the same manner that persons sentenced pursuant to 8 section 18-8005, Idaho Code, are required to undergo and complete.
STATEMENT OF PURPOSE
RS 07920
The bill limits the ability of an insurance company to
increase rates if a juvenile is convicted under this statute,
filling the original intent of the subparagraph.
FISCAL NOTE
None.
CONTACT: Representative Mark Stubbs
(208) 332-1000
Senator John Sandy
(208) 332-1000
Mr. Tim Obenchain
(208) 733-1076
Bill No. H 768