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SENATE BILL NO. 1064

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Daily Data Tracking History

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S1064................................................by JUDICIARY AND RULES
MOTOR VEHICLES - ALCOHOL - Amends existing law to prohibit any person in a
motor vehicle from drinking alcoholic beverages or having possession of
open beverages containing alcoholic liquor, beer or wine, with exceptions.

01/28    Senate intro - 1st rdg - to printing
01/29    Rpt prt - to Jud
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/08    3rd rdg - FAILED - 14-19-2
      AYES--Andreason, Bunderson, Burtenshaw, Darrington, Davis, Geddes,
      Ingram, Lee, Noh, Richardson, Risch, Sandy, Thorne, Twiggs
      NAYS--Boatright, Branch, Cameron, Crow, Danielson, Deide, Dunklin,
      Frasure, Hawkins, Keough, King, McLaughlin, Riggs, Schroeder,
      Sorensen, Stegner, Stennett, Wheeler, Whitworth
      Absent and excused--Ipsen, Parry
    Floor Sponsor - Ingram
    Filed with the Secretary of the Senate

Bill Text

S1064


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1064

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO TRANSPORTATION OF ALCOHOLIC BEVERAGES;  AMENDING  SECTION  23-505,
 3        IDAHO  CODE, TO PROHIBIT ANY PERSON IN A MOTOR VEHICLE FROM DRINKING ALCO-
 4        HOLIC BEVERAGES OR HAVING POSSESSION OF OPEN  BEVERAGES  CONTAINING  ALCO-
 5        HOLIC LIQUOR, BEER OR WINE AND TO PROVIDE EXCEPTIONS.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That  Section  23-505, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        23-505.  TRANSPORTATION OF ALCOHOLIC BEVERAGES.  (1)  Alcoholic
10    liquor lawfully purchased may be transported, but no person shall break  open,
11    or  allow  to be broken or opened any container of alcoholic liquor, or drink,
12    or use, or allow to be drunk, or used any alcoholic liquor therein  while  the
13    same is being transported.
14          (2)    No person in  actual physical control of  a
15    motor vehicle,  as  "actual  physical  control"  is  defined  in  section
16    18-8004,  Idaho  Code   while the vehicle is on a public highway or
17    the right-of-way of a public highway , may  drink  or    physically
18      possess  any  open beverage containing alcoholic liquor, as defined in
19    section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, or
20    wine as  defined in  section 23-1303,  Idaho Code , unless such person is
21    a passenger in the passenger area of a motor vehicle designed,  maintained  or
22    used  primarily  for the transportation of persons for compensation, or in the
23    living quarters of a recreational vehicle as recreational vehicle  is  defined
24    in section 49-119, Idaho Code .
25         (3)   Violation of this section is a misdemeanor.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 08367C3

The purpose of his legislation is to prohibit any person in a
motor vehicle from drinking or possessing an open alcoholic
container in any area of a motor vehicle. This prohibition
does not include passengers in the passenger area of a motor
vehicle, used for transportation of persons for compensation,
or passengers in the living quarters of a recreational vehicle
as that term is defined in Idaho Code, section 49-119.

                           FISCAL IMPACT

States that do not have the provisions set forth in this
legislation will be subject to the transfer of highway
construction funds to the state Hazard Elimination or Section
402 highway safety programs, beginning in FFY 2001. The
approximate amounts transferred in Idaho would be as follows:

TOTAL -   $8,281,770*
FY 2001 - $2,016,750
FY 2002 - $2,053,830
FY 2003 - $4,211,190

*based on FHWA apportionment tables of 6/4/98

CONTACT
Name: Jo Ann Moore, Highway Safety Manager
Agency: Idaho Transportation Department
Phone: (208) 334-8101
FAX: (208) 334-8195

Statement of Purpose/Fiscal Impact           S1064